KRATOM FOOD PRODUCTS; REGULATE H.B. 5477 (H-3):
SUMMARY OF HOUSE-PASSED BILL
IN COMMITTEE
House Bill 5477 (Substitute H-3 as passed by the House)
Sponsor: Representative Lori Stone
House Committee: Regulatory Reform
Rules and Competitiveness
Senate Committee: Regulatory Reform
CONTENT
The bill would enact the "Kratom Consumer Protection and Regulatory Act" to do the following:
-- Prohibit a person from distributing, selling, or manufacturing a kratom product in Michigan unless the person held a license.
-- Require a person applying for a license to distribute, sell, or manufacture a kratom product to do so on a form and in a manner prescribed by the Department of Licensing and Regulatory Affairs (LARA), and prescribe the information that would have to be included in an application.
-- Require LARA to issue a license if the applicant filed a completed application, paid a $200 application fee, and met the Act's qualifications for licensure.
-- Require a person who wished to distribute, sell, or manufacture a kratom product to have the raw materials used to produce each product tested by a qualified laboratory to certify that the product did not contain any substance in violation of the Act.
-- Require a kratom product to be labeled as specified in the Act.
-- Prohibit kratom products from including certain substances.
-- Prohibit a person from selling a kratom product to an individual in Michigan who was under 21 years of age.
-- Prescribe various penalties for violations of the Act.
-- Require LARA, by January 1, 2023, to promulgate rules to implement the Act.
Definitions
"Kratom product" would mean a food that contains any part of the leaf of the plant Mitragyna speciosa. "Food" would mean that term as defined in Section 1107 of the Food Law: articles used for food or drink for humans or other animals, chewing gum, and articles used for components of any such article.
"Certificate of licensure" would mean a document issued as evidence of authorization to distribute, sell, or manufacture a kratom product.
Licensure
Under the proposed Act, beginning January 1, 2023, a person could not distribute, sell, or manufacture a kratom product in Michigan unless the person held a license. A person would have to obtain a license for each location in which the person distributed, sold, or manufactured a kratom product in Michigan. A person also would have to obtain a license if the person distributed, sold, or offered to distribute or sell a kratom product through a website to a person in Michi