HOUSE BILL NO. 3147 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE CUPPS.
6966H.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 products or 5 advertises, represents, or holds oneself out as selling, preparing, or maintaining kratom 6 products. Such person may include, but shall not be limited to, a manufacturer, 7 wholesaler, store, restaurant, hotel, catering facility, camp, bakery, delicatessen, 8 supermarket, grocery store, convenience store, nursing home, or food or drink 9 company; 10 (2) "Department", the state department of health and senior services; 11 (3) "Director", the director of the department or the director's designee; 12 (4) "Food", a food, food product, food ingredient, dietary ingredient, dietary 13 supplement, or beverage for human consumption; 14 (5) "Kratom product", a food product or dietary ingredient containing any part 15 of the leaf of the plant Mitragyna speciosa. 16 3. The general assembly hereby occupies and preempts the entire field of 17 regulating kratom products to the complete exclusion of any order, ordinance, or
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 3147 2
18 regulation of any political subdivision of this state. Any political subdivision's existing 19 or future orders, ordinances, or regulations relating to kratom products are hereby 20 void. 21 4. (1) A dealer who prepares, distributes, sells, or exposes for sale a food that is 22 represented to be a kratom product shall disclose on the product label the factual basis 23 upon which that representation is made. 24 (2) A dealer shall not prepare, distribute, sell, or expose for sale a food 25 represented to be a kratom product that does not conform to the disclosure requirement 26 under subdivision (1) of this subsection. 27 5. A dealer shall not prepare, distribute, sell, or expose for sale any of the 28 following: 29 (1) A kratom product that is adulterated with a dangerous nonkratom 30 substance. A kratom product shall be considered to be adulterated with a dangerous 31 nonkratom substance if the kratom product is mixed or packed with a nonkratom 32 substance and that substance affects the quality or strength of the kratom product to 33 such a degree as to render the kratom product injurious to a consumer; 34 (2) A kratom product that is contaminated with a dangerous nonkratom 35 substance. A kratom product shall be considered to be contaminated with a dangerous 36 nonkratom substance if the kratom product contains a poisonous or otherwise 37 deleterious nonkratom ingredient including, but not limited to, any substance listed in 38 section 195.017; 39 (3) A kratom product containing a level of 7-hydroxymitragynine in the alkaloid 40 fraction that is greater than two percent of the alkaloid composition of the product; 41 (4) A kratom product containing any synthetic alkaloids, including synthetic 42 mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived 43 compounds of the plant Mitragyna speciosa; or 44 (5) A kratom product that does not include on its package or label the amount of 45 mitragynine and 7-hydroxymitragynine contained in the product. 46 6. A dealer shall not distribute, sell, or expose for sale a kratom product to an 47 individual under eighteen years of age. 48 7. (1) If a dealer violates subdivision (1) of subsection 4 of this section, the 49 director may, after notice and hearing, impose a fine on the dealer of no more than five 50 hundred dollars for the first offense and no more than one thousand dollars for the 51 second or subsequent offense. 52 (2) A dealer who violates subdivision (2) of subsection 4 of this section, 53 subsection 5 of this section, or subsection 6 of this section is guilty of a class D 54 misdemeanor. HB 3147 3
55 (3) A person aggrieved by a violation of subdivision (2) of subsection 4 of this 56 section or subsection 5 of this section may, in addition to and distinct from any other 57 remedy at law or in equity, bring a private cause of action in a court of competent 58 jurisdiction for damages resulting from that violation including, but not limited to, 59 economic, noneconomic, and consequential damages. 60 (4) A dealer does not violate subdivision (2) of subsection 4 of this section or 61 subsection 5 of this section if a preponderance of the evidence shows that the dealer 62 relied in good faith upon the representations of a manufacturer, processor, packer, or 63 distributor of food represented to be a kratom product. 64 8. (1) The department shall promulgate rules to implement the provisions of this 65 section including, but not limited to, the requirements for the format, size, and 66 placement of the disclosure label required under subdivision (1) of subsection 4 of this 67 section and for the information to be included in the disclosure label. 68 (2) Any rule or portion of a rule, as that term is defined in section 536.010, that is 69 created under the authority delegated in this section shall become effective only if it 70 complies with and is subject to all of the provisions of chapter 536 and, if applicable, 71 section 536.028. This section and chapter 536 are nonseverable and if any of the powers 72 vested with the general assembly pursuant to chapter 536 to review, to delay the 73 effective date, or to disapprove and annul a rule are subsequently held unconstitutional, 74 then the grant of rulemaking authority and any rule proposed or adopted after the 75 effective date of this section shall be invalid and void. ✔
Statutes affected: