- Level
- County
- State
- New York
- Citation
- Commissioner's Emergency Public Health Order No. 1 of 2026
- Action date
- Effective date
- Reaches
- Age Restriction, Distribution, Retail Sale
- Inbound shipments
- Reaches parcels shipped into the jurisdiction.
The Albany County Commissioner of Health signed Emergency Public Health Order No. 1 of 2026 on August 24, 2026, effective 12:01 a.m. September 1. Section 2(1) prohibits any person or entity, expressly including any online platform, from selling, offering for sale, distributing, marketing or delivering any kratom product within the county.
The Order carries a second, independent prohibition. Section 2(2) reaches only "Prohibited Kratom Products," defined in Section 1(c) by a 7-hydroxymitragynine threshold of 0.05% on a dry-weight basis or 1.00 mg per serving, together with synthesized alkaloids and adulterated products. Section 1(c) states that natural leaf in raw, dried, powdered, brewed or encapsulated form below that threshold is not a Prohibited Kratom Product. Section 8(2) provides that if the categorical prohibition in Section 2(1) is stayed or invalidated, including as applied to natural-leaf products, the Section 2(2) prohibition continues automatically.
Section 7(2) keeps the Order in effect until the Commissioner determines the danger has abated, until superseded by local law, or until an effective state or federal prohibition, with review at least every thirty days. Section 7(3) states the Commissioner's intent that it be an interim measure and requests that the County Legislature consider local legislation. Hudson Valley Botanicals stopped shipping to Albany County addresses as of September 1, 2026.
The Order carries a second, independent prohibition. Section 2(2) reaches only "Prohibited Kratom Products," defined in Section 1(c) by a 7-hydroxymitragynine threshold of 0.05% on a dry-weight basis or 1.00 mg per serving, together with synthesized alkaloids and adulterated products. Section 1(c) states that natural leaf in raw, dried, powdered, brewed or encapsulated form below that threshold is not a Prohibited Kratom Product. Section 8(2) provides that if the categorical prohibition in Section 2(1) is stayed or invalidated, including as applied to natural-leaf products, the Section 2(2) prohibition continues automatically.
Section 7(2) keeps the Order in effect until the Commissioner determines the danger has abated, until superseded by local law, or until an effective state or federal prohibition, with review at least every thirty days. Section 7(3) states the Commissioner's intent that it be an interim measure and requests that the County Legislature consider local legislation. Hudson Valley Botanicals stopped shipping to Albany County addresses as of September 1, 2026.
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Last verified 29 Aug 2026
