HB 2594

This bill prohibits a processor from prepar ing , manufactur ing , distribut ing , or sell ing , and prohibits a retailer from selling or exposing for sale, any of the following:  A Kratom extract that contains levels of residual solvents higher than are allowed in federal law.  A Kratom product containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2% of the overall alkaloid composition of the product.  A Kratom product containing a synthetic alkaloid.  A Kratom product having a concentration ratio that is greater than one milligram of 7-hydroxymitragynine per serving.  A Kratom product that does not have a COA certifying that either: (i) the contents of 7-hydroxymitragynine in the Kratom product are in compliance; (ii) the Kratom product tests as absent, negative, undetected, not detected, or less than one colony forming unit per gram for a species of salmonella and escherichia coli; (iii) the Kratom product tests as absent, negative, undetected, not detected, or less than one part per million for lead and arsenic; (iv) the Kratom product tests as absent, negative, undetected, not detected, or less than 0.41 parts per million for the heavy metal cadmium; and (v) the Kratom product tests as absent, negative, undetected, not detected, or less than 0.3 parts per million for mercury. This bill also prohibits a processor from pr epar ing , manufactur ing , distribut ing , or sell ing , and prohibits a retailer from selling or exposing for sale , a Kratom product that is not clearly labeled with the following information:  Directions for use.  A listing of the number of servings per container.  The amount per serving of each of the following Kratom compounds: (i) Mitragynine; and (ii) 7-hydroxymitragynine if detectable, or a statement that the serving size does not contain a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2% of the compounds of the Kratom product.  A list of all ingredients in each finished Kratom product.  A statement advising against use of the product by individuals who are pregnant or breastfeeding.  A statement advising that it is illegal to purchase or possess Kratom if under 21.  A statement that use of Kratom may be habit forming.  A recommendation to consult with a healthcare professional prior to use of a Kratom product.  The name, mailing address, and physical address of the processor.  The following statement: "This product has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease."" This bill does not affect the ability of a processor to mix or blend a Kratom plant material with another substance that is not dangerous and that does not alter the naturally occurring levels of Kratom's alkaloids. CRIMINAL LIABILITY Present law makes it an offense for a person to knowingly either s ell, or offer for sale, Kratom unless labeled and in its natural form ; d istribute, sell, or offer for sale, Kratom to a person under 21 ; or p urchase or possess Kratom if under 21. This bill makes it an offense for a processor, retailer, or other person to knowingly to commit any of the following acts :  Distribute, sell, or offer for sale a Kratom product or Kratom extract to a person under 21.  Purchase or possess a Kratom product or Kratom extract if under 21.  Prepare, manufacture, distribute, or sell a Kratom product or Kratom extract if the person is not a processor or retailer. This bill generally classifies such offense s as Class A misdemeanor s . However, a processor or retailer who commits such offense s commit either a Class B misdemeanor, punishable by fine only in the amount of $500 for the first offense ; or a Class A misdemeanor, punishable by fine only in the amount of $2, 500 for a second or subsequent offense. This bill provides that i t is a defense to prosecution if a retailer proves, by a preponderance of the evidence, that the retailer relied in good faith upon the representation of a processor that the purchased Kratom product or Kratom extract was unadulterated and uncontaminated. ALCOHOLIC BEVERAGE COMMISSION Upon demand by the alcoholic beverage commission, this bill requires a processor or retailer to provide, within 30 days, a certificate of analysis ("" COA "") for each Kratom product that is offered for sale. Upon receipt of a credible violation report on any Kratom product offered for sale, this bill requires the alcoholic beverage commission to require the processor or retailer to produce an updated and current COA from a certified independent third-party laboratory 30 days establishing compliance with the requirements for Kratom products, including copies of all product labels. If the process or or retailer does not provide the certificate of analysis in the specified time frame, then the product must be rem oved, and a stop sales order must be issued for all products covered by this section. If the alcoholic beverage commission has a reasonable basis to require an independent third-party test of a Kratom product by a laboratory of the commission's choice, then this bill requires the processor or retailer to submit payment for the test within 30 days. If the processor or retailer does not tender payment to the commission within 30 days of receipt of the invoice for the testing, then a stop sales order must be issued to the processor or retailer for all prod ucts covered by this bill."