Bill Text: MS HB611 | 2021 | Regular Session | Introduced
Bill Title: Kratom; regulate the sale, distribution and preparation of.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-02-02 - Died In Committee [HB611 Detail]
Download: Mississippi-2021-HB611-Introduced.html
MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Drug Policy
By: Representative Roberson
House Bill 611
AN ACT TO REGULATE THE PREPARATION, DISTRIBUTION, AND SALE OF KRATOM PRODUCTS; TO PROHIBIT THE PREPARATION, DISTRIBUTION AND SALE OF ADULTERATED OR CONTAMINATED KRATOM PRODUCTS; TO PRESCRIBE FINES AND PENALTIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Mississippi Kratom Consumer Protection Act".
SECTION 2. The following words shall have the meanings described herein, unless the context indicates otherwise:
(a) "Food" means a food, food product, food ingredient, dietary ingredient, dietary supplement, or beverage for human consumption.
(b) "Kratom product" means a food product or dietary ingredient containing any part of the leaf of the plant mitragyna speciosa or an extract of it; is manufactured as a powder, capsule, pill, beverage, or other edible form; and all kratom products are foods.
(c) "Processor" means a person that sells, prepares, manufactures, distributes, or maintains kratom products, or advertises, represents, or holds itself out as selling, preparing, or maintaining kratom products.
(d) "Retailer" means any person that sells, distributes, advertises, represents, or holds itself out as selling or maintaining kratom products.
SECTION 3. A processor shall not prepare, distribute, sell, or expose for sale any of the following:
(a) 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.
(b) 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 ingredient, including, but not limited to, the substances that are otherwise prohibited by law.
(c) A kratom product containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent (2%) of the overall alkaloid composition of the product.
(d) A kratom product containing any synthetic alkaloids including synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compounds of the kratom plant.
(e) A kratom product that does not provide adequate labeling directions necessary for safe and effective use by consumers, including a recommended serving size.
SECTION 4. A processor shall not distribute, sell, or expose for sale a kratom product to an individual under twenty-one (21) years of age.
SECTION 5. A processor that violates the provisions of this act shall be subject to administrative fines as follows: For a first conviction, a fine of Five Hundred Dollars ($500.00); for a second conviction, a fine of One Thousand Five Hundred Dollars ($1500.00); and for all subsequent convictions, a fine of Five Thousand Dollars ($5,000.00) shall be imposed. A retailer does not violate the provisions of this act if it is shown by a preponderance of the evidence that the retailer relied in good faith upon the representations of a manufacturer, processor, packer, or distributor of food represented to be a kratom product.
SECTION 6. This act shall take effect and be in force from and after July 1, 2021.
