SB 774 - This act creates the "Kratom Consumer Protection Act". Any dealer, as such term is defined in the act, preparing, distributing, selling, or exposing for sale a food represented to be a kratom product shall disclose on the product label the factual basis upon which the representation is made. Such dealer shall not prepare, distribute, sell, or expose for sale a kratom product: (1) adulterated with a dangerous non-kratom substance, including a substance that affects the quality or strength of the kratom product so as to render the product injurious to a consumer; (2) contaminated with a dangerous non-kratom substance, including a substance that is poisonous or otherwise deleterious; (3) containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2% of the alkaloid composition of the product; (4) containing any synthetic alkaloids; or (5) does not include on its package or label the amount of mitragynine and 7-hydroxymitragynine contained in the product. A dealer shall not distribute, sell, or expose for sale a kratom product to an individual under 18 years of age.
A dealer who violates certain labeling provisions of this act may be assessed a fine as specified in the act and a dealer who violates other provisions, including sales to minors and sales of contaminated or adulterated kratom products, shall be guilty of a Class D misdemeanor. Such dealer may also be subject to a civil cause of action by any aggrieved person for damages incurred.
This act shall preempt any existing or future order, ordinance, or regulation of kratom by any political subdivision of this state.
This act is identical to the perfected HCS/HB 350 (2021) and substantially similar to HB 2061 (2020), provisions in HCS/SS/SB 580 (2020), and HCS/SCS/SB 662 (2020).
SARAH HASKINS