Relating to the regulation of kratom, and making penalties applicable

The bill allows an application for registration to include multiple kratom products if the kratom products contain the same ingredients sold in the same form but in a different container, package, or volume. The bill requires the department to create and maintain a database of all kratom products that are registered for sale in this state. The bill prohibits a kratom product from containing certain adulterants. The bill prohibits a kratom processor, registrant, or retailer from selling a kratom product that is combustible, vaporizable, attractive to children, as defined in the bill, or a product containing kratom that is not a kratom product. The bill requires a kratom product produced, manufactured, distributed, offered, sold, or offered for sale in this state to include a label that advises against use by individuals who are under years of age, who are pregnant, or who are breastfeeding, recommends consultation with a health care professional, states that kratom may be habit forming, states that the efficacy of the product has not been evaluated by the United States food and drug administration, includes the name and address for the place of business of the registrant, and includes directions for use. The bill prohibits a person from selling or distributing a kratom product that is not currently registered for sale in this state. The bill requires the department to seize and destroy an unregistered kratom product and to assess the costs to the person responsible for the availability of the kratom product in this state. The bill requires the department to impose a fee for the first and second sale or distribution of a particular unregistered kratom product and to prohibit a person from selling or distributing kratom products for two years following the third sale or distribution of an unregistered kratom product. The bill prohibits a person from knowingly or willfully selling or distributing a kratom product to a person under years of age. A person who violates this provision of the bill for the first time is guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than days and a fine of at least $105 but not more than $855. A person who violates this provision of the bill a second or subsequent time within one year of the first offense is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. The bill prohibits a person from knowingly or willfully manufacturing, delivering, holding, offering for sale, distributing, or selling a kratom product that contains a controlled substance. A person who violates this provision of the bill is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. The bill prohibits a person from knowingly or willfully manufacturing, delivering, holding, offering for sale, distributing, or selling a kratom product that contains synthetically derived compounds of the plant Mitragyna speciosa. A person who violates this provision of the bill is guilty of a serious misdemeanor. If the department has reason to believe that a registered kratom product violates the requirements for registration, the bill requires the department to require the registrant to produce a current certificate of analysis from an independent testing laboratory showing compliance with the requirements for registration under the bill. If the registrant does not timely produce a certificate showing compliance, the bill requires the department to revoke the registration of the kratom product and immediately order the stoppage of all sales of the kratom product. If the department has reason to believe that the independent testing laboratory used by a registrant has not provided accurate results, the bill requires the department to submit the kratom product for testing to an independent testing laboratory of the department’s choice, with costs assessed to the registrant. If the registrant fails to tender payment within calendar days of receipt of a request for payment from the department, the bill requires the department to revoke the registration of the kratom product and immediately order the stoppage of all sales of the kratom product. The bill exempts a retailer from punishment for a violation of the bill if the retailer shows by a preponderance of the evidence that the retailer relied in good faith upon the representations of a manufacturer, packer, or kratom processor regarding a product represented to be a kratom product. The bill requires the department to adopt rules for the implementation of the bill, including for the process of registration of a kratom product, the requirements for enforcing the prohibition on sale of kratom products to persons under years of age, the testing requirements for independent testing laboratories, and other rules as necessary for implementation of the bill. The bill includes legislative intent language.