ARIZONA HOUSE OF REPRESENTATIVES

HB 2550: DEQ; oil and gas commission

NOW: regulation; kratom products

PRIME SPONSOR: Representative Rivero, LD 21

BILL STATUS: Transmitted to Governor

Overview

Establishes requirements and prohibitions related to the preparation, distribution, sale and exposure of kratom products.

History

The Drug Enforcement Administration (DEA) defines Kratom as a leaf from the tropical tree Kratom in southeast Asia which causes stimulant and sedative effects in different doses. At low doses it can lead to an increase in alertness, physical energy and talkativeness while in high doses it can cause sedation (DEA Kratom).

Kratom is not currently controlled under the Federal Controlled Substances Act, however it is listed as a Drug and Chemical of Concern by the DEA. The FDA has not approved Kratom for any medical use, however kratom is seen as a botanical, qualifying as a dietary ingredient under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 (ff)(1)). 

Not currently addressed in statute.

Provisions

1. Requires a dealer that prepares, distributes, sells or exposes for sale a food that is represented to be a kratom product to disclose on the product label the factual basis on which that representation is made. (Sec. 1)

2. Prohibits a dealer from preparing, distributing, selling, or exposing for sale:

a. Food represented to be a kratom product that does not conform to the disclosure requirement;

b. A kratom product:

i. Adulterated with a dangerous nonkratom substance;

Ø If the product is mixed or packed with a nonkratom substance that affects the product to such a degree as to render the product injurious to a consumer.

ii. Contaminated with a dangerous nonkratom substance;

Ø If the product contains a poisonous or deleterious nonkraton substance, including any controlled substance prescribed by the Uniform Controlled Substances Act.

iii. Containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent of the alkaloid composition of the product;

iv. Containing any synthetic alkaloid, including synthetic mitragynine, synthetic 7-hydroxymitragynine or any other synthetically derived compounds of the kratom plant; or

c. Any kratom-containing product that does not include on its package or label the amount of mitragynine and 7-hydroxymitragynine contained in the product. (Sec. 1)

3. Prohibits a dealer from distributing, selling, or exposing for sale a kratom product to an individual who is under 18 years of age. (Sec. 1)

4. States that a dealer that violates kratom product disclosure requirements and prohibitions is guilty of a Class 2 misdemeanor. (Sec. 1)

5. Allows a person aggrieved by a violation of kratom product disclosure requirements and prohibition to bring a private cause of action in a court for damages resulting from that violation, including economic, noneconomic or consequential damages. (Sec. 1)

6. Clarifies that a dealer does not violate outlined kratom product requirements and prohibitions if the court finds that the dealer relied in good faith on the representation of a manufacturer, processer, packer or distributor that the food was a kratom product. (Sec. 1)

7. Cites this act as the Kratom Consumer Protection Act. (Sec. 2)

8. Defines relevant terms. (Sec. 1)

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12. Fifty-fourth Legislature                       HB 2550

13. First Regular Session                            Version 5: Transmitted

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