* § 1399-xx. Sale or distribution of kratom products to minors. 1. For\npurposes of this section the following terms shall have the following\nmeanings:\n (a) "A device capable of deciphering any electronically readable\nformat" or "device" shall mean any commercial device or combination of\ndevices used at a point of sale or entry that is capable of reading the\ninformation encoded on the bar code or magnetic strip of a driver's\nlicense or non-driver identification card issued by the state\ncommissioner of motor vehicles.\n (b) "Card holder" means any person presenting a driver's license or\nnondriver identification card to a licensee, or to the agent or employee\nof such licensee under this section.\n (c) "Enforcement officer" means, in a city with a population of more\nthan one million, the department of health and mental hygiene of such\ncity, which shall have the jurisdiction to enforce the provisions of\nthis section in such city; and in all other counties, shall mean the\ndepartment, which shall have jurisdiction to enforce the provisions of\nthis article pursuant to rules and regulations which may be promulgated\nby the commissioner.\n (d) "Kratom" means any part of the plant Mitragyna speciosam whether\ngrowing or not, and any compound, manufacture, derivative, mixture, salt\nor preparation of such plant or synthesized or semi-synthesized\npreparations of mitragynine or 7-hydroxymitragynine, their derivatives,\nsalts, esters, and isomers.\n (e) "Kratom business" means a sole proprietorship, corporation,\nlimited liability company, partnership or other enterprise in which one\nof the activities is the sale, manufacture or promotion of kratom and\nkratom accessories, either at wholesale or retail, whether such sale,\nmanufacture or promotion is primary or incidental, and including any\nagent and any employee.\n (f) "Person" means a person, firm, company, corporation, partnership,\nsole proprietor, limited partnership or association.\n (g) "Transaction scan" means the process, whether in person, online,\nor through any other means of communication, involving an automated bar\ncode reader by which a licensee, or agent or employee of a licensee\nunder this section reviews a driver's license or non-driver\nidentification card presented as a precondition for the purchase of\nkratom under this section.\n 2. No person or kratom business shall knowingly sell or provide kratom\nto any other person under twenty-one years of age.\n 3. (a) Any person or kratom business offering kratom for sale is\nprohibited from selling such kratom to individuals under twenty-one\nyears of age, and shall post in a conspicuous place a sign upon which\nthere shall be imprinted the following statement, "SALE OF KRATOM TO\nPERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW". Such\nstatement shall be posted in the following manner: (i) in any physical\nlocation at which such products are offered for sale, it shall be\nprinted on a white card in red letters at least one-half inch in height\nand displayed as a sign, or (ii) on any website, it shall be posted in\nred letters in at least twelve-point font on any webpages on which such\nproducts are offered for sale, or (iii) in any mobile application, it\nshall be posted in red letters in at least twelve-point font on any\nscreens on which such products are offered for sale, or (iv) in any\nelectronic or printed materials, it shall be posted in red letters in at\nleast twelve-point font on any pages on which such products are offered\nfor sale.\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
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