Regulating kratom products, granting rule-making authority, and providing a penalty. (FE)

Under the bill, a person who prepares or processes a kratom product (a processor) may not distribute the product if it 1) is mixed or packed with another substance that affects the kratom product's quality or strength to such a degree that it may cause injury; 2) contains a poisonous ingredient, controlled substance, or controlled substance analog; 3) contains a level of 7-hydroxymitragynine that is greater than 1 percent; 4) contains any synthetic alkaloid; or 5) does not include a label that states the amount of mitragynine and 7-hydroxymitragynine contained in the product. The bill also prohibits the sale of a kratom product to any person under the age of 21. A person who violates either of these provisions is guilty of a Class C misdemeanor.

The bill also requires a processor to obtain a food processing plant license from the Department of Agriculture, Trade and Consumer Protection, and to register a kratom product before distributing it. In addition, the bill requires a person selling or distributing a kratom product via in-person sales to keep the kratom product in a manner in which only store employees can access the kratom product before sale, and for online sales to verify the identity, age, and location of the buyer. A processor who prepares, processes, sells, offers for sale, or distributes a kratom product that is not registered with DATCP or without a food processing license is subject to a monetary penalty, to be determined by DATCP by rule, as is a person who sells or distributes the kratom product in violation of the bill's in-person and online sales requirements.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.