HOUSE BILL NO. 1595 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE REUTER.
3234H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 196, RSMo, by adding thereto one new section relating to kratom products, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 196, RSMo, is amended by adding thereto one new section, to be 2 known as section 196.1170, to read as follows: 196.1170. 1. This section shall be known and may be cited as the "Kratom 2 Consumer Protection Act". 3 2. As used in this section, the following terms mean: 4 (1) "Dealer", a person who sells, prepares, or maintains kratom or advertises, 5 represents, or holds oneself out as selling, preparing, or maintaining kratom. Such 6 person may include, but not be limited to, a manufacturer, wholesaler, store, restaurant, 7 hotel, catering facility, camp, bakery, delicatessen, supermarket, grocery store, 8 convenience store, nursing home, or food or drink company; 9 (2) "Kratom", any good placed in the marketplace containing any part of the 10 leaf of the plant Mitragyna speciosa. 11 3. The general assembly hereby occupies and preempts the entire field of 12 regulating kratom to the complete exclusion of any order, ordinance, or regulation of 13 any political subdivision of this state. Any political subdivision's existing or future 14 orders, ordinances, or regulations relating to kratom are hereby void. 15 4. A dealer who prepares, distributes, sells, or exposes for sale kratom including, 16 but not limited to, kratom intended for human consumption, shall disclose the factual 17 basis upon which that representation is made.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1595 2
18 5. A dealer shall not prepare, distribute, sell, or expose for sale any of the 19 following: 20 (1) Kratom that is adulterated with a dangerous nonkratom substance. Kratom 21 shall be considered to be adulterated with a dangerous nonkratom substance if the 22 kratom is mixed or packed with a nonkratom substance and that substance affects the 23 quality or strength of the kratom to such a degree as to render the kratom injurious to a 24 consumer; 25 (2) Kratom that is contaminated with a dangerous nonkratom substance. 26 Kratom shall be considered to be contaminated with a dangerous nonkratom substance 27 if the kratom contains a poisonous or otherwise deleterious nonkratom ingredient 28 including, but not limited to, any substance listed in section 195.017; 29 (3) Kratom containing a level of 7-hydroxymitragynine in the alkaloid fraction 30 that is greater than two percent of the alkaloid composition contained therein; 31 (4) Kratom containing any synthetic alkaloids, including synthetic mitragynine, 32 synthetic 7-hydroxymitragynine, or any other synthetically derived compounds of the 33 plant Mitragyna speciosa; or 34 (5) Kratom that does not include on its package or label the amount of 35 mitragynine and 7-hydroxymitragynine contained therein. 36 6. A dealer shall not distribute, sell, or expose for sale kratom to an individual 37 under eighteen years of age. 38 7. (1) A dealer who violates subsection 4 of this section shall be guilty of an 39 infraction. 40 (2) A dealer who violates subsection 5 or 6 of this section shall be guilty of a class 41 D misdemeanor. 42 (3) A person aggrieved by a violation of subsection 4 or 5 of this section may, in 43 addition to and distinct from any other remedy at law or in equity, bring a private cause 44 of action in a court of competent jurisdiction for damages resulting from that violation 45 including, but not limited to, economic, noneconomic, and consequential damages. 46 (4) A dealer does not violate subsection 4 or 5 of this section if a preponderance 47 of the evidence shows that the dealer relied in good faith upon the representations of a 48 manufacturer, processor, packer, or distributor represented to be kratom. ✔
Statutes affected: