HOUSE BILL NO. 2894 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE DURNELL.
6581H.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. A dealer who prepares, distributes, sells, or exposes for sale kratom including, 12 but not limited to, kratom intended for human consumption, shall disclose the factual 13 basis upon which that representation is made. 14 4. A dealer shall not prepare, distribute, sell, or expose for sale any of the 15 following: 16 (1) Kratom that is adulterated with a dangerous nonkratom substance. Kratom 17 shall be considered to be adulterated with a dangerous nonkratom substance if the
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 2894 2
18 kratom is mixed or packed with a nonkratom substance and that substance affects the 19 quality or strength of the kratom to such a degree as to render the kratom injurious to a 20 consumer; 21 (2) Kratom that is contaminated with a dangerous nonkratom substance. 22 Kratom shall be considered to be contaminated with a dangerous nonkratom substance 23 if the kratom contains a poisonous or otherwise deleterious nonkratom ingredient 24 including, but not limited to, any substance listed in section 195.017; 25 (3) Any product marketed or sold as kratom that contains a level of 7- 26 hydroxymitragynine in the alkaloid fraction that is greater than two percent of the 27 alkaloid composition contained therein; 28 (4) Kratom containing fully any synthetic alkaloids, including synthetic 29 mitragynine, synthetic 7-hydroxymitragynine, or any other fully synthetically derived 30 compounds of the plant Mitragyna speciosa; or 31 (5) Kratom that does not include on its package or label the amount of 32 mitragynine and 7-hydroxymitragynine contained therein. 33 5. A dealer shall not distribute, sell, or expose for sale kratom to an individual 34 under twenty-one years of age. 35 6. (1) A dealer who violates subsection 3 of this section shall be guilty of an 36 infraction. 37 (2) A dealer who violates subsection 4 or 5 of this section shall be guilty of a class 38 D misdemeanor. 39 (3) A person aggrieved by a violation of subsection 3 or 4 of this section may, in 40 addition to and distinct from any other remedy at law or in equity, bring a private cause 41 of action in a court of competent jurisdiction for damages resulting from that violation 42 including, but not limited to, economic, noneconomic, and consequential damages. 43 (4) A dealer does not violate subsection 3 or 4 of this section if a preponderance 44 of the evidence shows that the dealer relied in good faith upon the representations of a 45 manufacturer, processor, packer, or distributor represented to be kratom. ✔
Statutes affected: