§ 1399-MMM — Sale of kratom prohibited

§ 1399-mmm. Sale of kratom prohibited. 1. No person shall knowingly\nsell or provide kratom to any other person under twenty-one years of\nage. Any person who violates the provisions of this subdivision shall be\nsubject to a civil penalty of not more than five hundred dollars.\n 2.(a) Any person operating a place of business wherein kratom is sold\nor offered for sale is prohibited from selling such kratom to\nindividuals under twenty-one years of age, and shall post in a\nconspicuous place a sign upon which there shall be imprinted the\nfollowing statement, "SALE OF KRATOM TO PERSONS UNDER TWENTY-ONE YEARS\nOF AGE IS PROHIBITED BY LAW". Such sign shall be printed on a white card\nin red letters at least one-half inch in height.\n (b) Sales of kratom shall be made only to an individual who\ndemonstrates, through (i) a valid driver's license or non-driver's\nidentification card issued by the commissioner of motor vehicles, the\nfederal government, any United States territory, commonwealth or\npossession, the District of Columbia, a state government within the\nUnited States or a provincial government of the dominion of Canada, or\n(ii) a valid passport issued by the United States government or any\nother country, or (iii) an identification card issued by the armed\nforces of the United States, or (iv) any other photographic\nidentification card issued by a governmental entity or educational\ninstitution indicating that the individual is at least twenty-one years\nof age. Such identification need not be required of any individual who\nreasonably appears to be at least twenty-five years of age, provided,\nhowever, that such appearance shall not constitute a defense in any\nproceeding alleging the sale of kratom to an individual under twenty-one\nyears of age.\n (c)(i) Any person operating a place of business wherein kratom is sold\nor offered for sale may perform a transaction scan as a precondition for\nsuch purchases.\n (ii) In any instance where the information deciphered by the\ntransaction scan fails to match the information printed on the driver's\nlicense or non-driver identification card, or if the transaction scan\nindicates that the information is false or fraudulent, the attempted\ntransaction shall be denied.\n (iii) In any proceeding pursuant to section thirteen hundred\nninety-nine-ee of this article, it shall be an affirmative defense that\nsuch person had produced a driver's license or non-driver identification\ncard apparently issued by a governmental entity, successfully completed\nthat transaction scan, and that the kratom has been sold, delivered or\ngiven to such person in reasonable reliance upon such identification and\ntransaction scan. In evaluating the applicability of such affirmative\ndefense the commissioner shall take into consideration any written\npolicy adopted and implemented by the seller to effectuate the\nprovisions of this article. Use of a transaction scan shall not excuse\nany person operating a place of business wherein kratom is sold, or the\nagent or employee of such person, from the exercise of reasonable\ndiligence otherwise required by this article. Notwithstanding the above\nprovisions, any such affirmative defense shall not be applicable in any\ncivil or criminal proceeding, or in any other forum.\n (d) A business or agent or employee of such business shall only use a\ndevice capable of deciphering any electronically readable format, and\nshall only use the information recorded and maintained through the use\nof such devices, for the purposes contained in paragraph (c) of this\nsubdivision. No business or agent or employee of such business shall\nresell or disseminate the information recorded during such a scan to any\nthird person. Such prohibited resale or dissemination includes but is\nnot limited to any advertising, marketing or promotional activities.\nNotwithstanding the restrictions imposed by this subdivision, such\nrecords may be released pursuant to a court ordered subpoena or pursuant\nto any other statute that specifically authorizes the release of such\ninformation. Each violation of this paragraph shall be punishable by a\ncivil penalty of not more than one thousand dollars.\n (e) A business or agent or employee of such business may\nelectronically or mechanically record and maintain only the information\nfrom a transaction scan necessary to effectuate this section. Such\ninformation shall be limited to the following: (i) name, (ii) date of\nbirth, (iii) driver's license or non-driver identification number, and\n(iv) expiration date.\n (f) As used in this subdivision, "a device capable of deciphering any\nelectronically readable format", "card holder" and "transaction scan"\nshall have the same meanings as are ascribed to such terms by section\nthirteen hundred ninety-nine-cc of this article.\n