Bill Text: AZ SB1339 | 2021 | Fifty-fifth Legislature 1st Regular | Engrossed
Bill Title: Kratom products; enforcement; financial institutions
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2021-03-22 - House MAPS Committee action: Do Pass Amended, voting: (9-3-1-1-0-0) [SB1339 Detail]
Download: Arizona-2021-SB1339-Engrossed.html
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Senate Engrossed
kratom products; enforcement; financial institutions |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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SENATE BILL 1339 |
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AN ACT
Amending sections 36-795, 36-795.01, 36-795.02 and 36-795.03, Arizona Revised Statutes; relating to Kratom products.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-795, Arizona Revised Statutes, is amended to read:
36-795. Definitions
In this article, unless the context otherwise requires:
2. 1. "Food" means a food, food product, food ingredient, dietary ingredient, dietary supplement or beverage for human consumption.
3. 2. "Kratom product" means a food product or dietary ingredient containing any part of the leaf of the plant mitragyna speciosa.
1. 3. "Dealer Retailer":
(a) Means a person that sells, prepares or maintains kratom products or that advertises, represents or holds itself out as selling, preparing or maintaining kratom products.
(b) Includes a manufacturer, wholesaler, store, restaurant, hotel, catering facility, camp, bakery, delicatessen, supermarket, grocery store, convenience store, nursing home or food or drink company.
Sec. 2. Section 36-795.01, Arizona Revised Statutes, is amended to read:
36-795.01. Kratom product disclosure; preparing, distributing, selling or exposing for sale without disclosure prohibited
A. A dealer retailer that prepares, distributes, sells or exposes for sale a food that is represented to be a kratom product shall disclose on the product label the factual basis on which that representation is made.
B. A dealer retailer may not prepare, distribute, sell or expose for sale a food represented to be a kratom product that does not conform to the disclosure required by this section.
Sec. 3. Section 36-795.02, Arizona Revised Statutes, is amended to read:
36-795.02. Kratom product; adulteration; contamination; sales to minors prohibited
A. A dealer retailer may not prepare, distribute, sell or expose for sale any of the following:
1. A kratom product that is adulterated with a dangerous nonkratom substance. A kratom product is adulterated with a dangerous nonkratom substance if the kratom product is mixed or packed with a nonkratom substance and that substance affects the quality or strength of the kratom product to such a degree as to render the kratom product injurious to a consumer.
2. A kratom product that is contaminated with a dangerous nonkratom substance. A kratom product is contaminated with a dangerous nonkratom substance if the kratom product contains a poisonous or otherwise deleterious nonkratom substance, including any controlled substance prescribed by chapter 27 of this title.
3. A kratom product containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent of the alkaloid composition of the product.
4. A kratom product containing any synthetic alkaloid, including synthetic mitragynine, synthetic 7-hydroxymitragynine or any other synthetically derived compounds of the kratom plant.
5. Any kratom-containing product that does not include on its package or label the amount of mitragynine and 7-hydroxymitragynine contained in the product.
B. A dealer RETAILER may not distribute, sell or expose for sale a kratom product to an individual under eighteen years of age.
Sec. 4. Section 36-795.03, Arizona Revised Statutes, is amended to read:
36-795.03. Violations; classification; prohibition
A. A dealer retailer that violates section 36-795.01, subsection B or section 36-795.02 is guilty of a class 2 misdemeanor.
B. In addition to and distinct from any other remedy at law or equity, a person aggrieved by a violation of section 36-795.01, subsection B or section 36-795.02, subsection A may bring a private cause of action in a court of competent jurisdiction for damages resulting from that violation, including economic, noneconomic or consequential damages.
C. A dealer retailer does not violate section 36-795.01, subsection B or section 36-795.02, subsection A if the court finds by a preponderance of the evidence that the dealer retailer relied in good faith on the representation of a manufacturer, processor, packer or distributor that the food was a kratom product.
D. A state agency may not take any enforcement action pursuant to this article, including seizure of product, against a person that sells products containing kratom or its constituent alkaloids when the products are offered for sale as a food or dietary ingredient, unless the United States drug enforcement administration classifies kratom or its constituent alkaloids as a schedule I substance.
