N.Y. General Business Law § 398-g: Kratom package labeling

* § 398-g. Kratom package labeling. 1. For the purposes of this

section, "Kratom" means any part of the plant Mitragyna speciosa,

whether growing or not, and any compound, manufacture, salt, derivative,

mixture, or preparation of such plant or synthesized or semi-synthesized

preparations of mitragynine or 7-hydroxymitragynine, their derivatives,

salts, esters, and isomers.

2. No person, firm, partnership, association, or corporation shall

manufacture, distribute, sell or offer for sale at retail within the

state any product containing kratom unless there is printed thereon such

packaging or attached thereto a label disclosing the following:

(a) the name and address for the place of business of the manufacturer

or distributor of the kratom product;

(b) the full list of ingredients in the kratom product;

(c) the following disclosures:

(i) that sale or distribution by individuals who are under twenty-one

years of age is prohibited under the public health law;

(ii) that use by individuals who are pregnant or breastfeeding is not

advised;

(iii) to consult a healthcare professional prior to use;

(iv) that kratom may be addictive;

(v) that kratom may interact with certain medications, drugs, and

controlled substances;

(vi) whether the product includes a semi-synthesized chemical or

compound or synthesized chemical or compound of kratom. For the purposes

of this subparagraph the term "semi-synthesized chemical or compound"

shall mean a chemical or compound contained in a kratom extract that has

been exposed to chemicals or processes that would confer a structural

change in the chemical or compound, such as oxidation, reduction, and

ring opening and closing, resulting in material that has been chemically

altered. For the purposes of this subparagraph the term "synthesized

chemical or compound" shall mean a chemical or compound of kratom that

has been created by chemical synthesis or biosynthetic means, including

fermentation, recombinant techniques, and enzymatic techniques, rather

than by traditional food preparation techniques such as heating or

extracting; and

(vii) quantitative declarations of the amount of mitragynine and the

amount of 7-hydroxymitragynine by part, weight or volume of the kratom

product; and

(d) the following statements, clearly and conspicuously:

(i) "These statements have not been evaluated by the food and drug

administration. This product is not intended to diagnose, treat, cure,

or prevent any disease."; and

(ii) "Keep out of reach of children."

3. Any person, firm, partnership, association, or corporation in

violation of this section shall be subject to a civil penalty of not

more than five hundred dollars for a first violation and not more than

one thousand dollars for a second or subsequent violation.

* NB Effective December 19, 2026