HB 333 - AS INTRODUCED
2021 SESSION
21-0524
08/05
HOUSE BILL 333
AN ACT relative to the sale and distribution of kratom products.
SPONSORS: Rep. Nunez, Hills. 37; Rep. Ankarberg, Straf. 10
COMMITTEE: Commerce and Consumer Affairs
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ANALYSIS
This bill regulates the preparation, distribution, and sale of kratom products.
This bill also prohibits the preparation, distribution, and sale of adulterated or contaminated
kratom products.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 HB 333 - AS INTRODUCED
21-0524
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to the sale and distribution of kratom products.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Short Title. This act shall be known and may be cited as the "Kratom Consumer Protection
2 Act".
3 2 New Subdivision; Products Containing Kratom. Amend RSA 146 by inserting after section 21
4 the following new subdivision:
5 Products Containing Kratom
6 146:22 Definitions. In this subdivision:
7 I. "Food" means a food, food product, food ingredient, dietary ingredient, dietary
8 supplement, or beverage for human consumption.
9 II. "Kratom product" means a food product or dietary ingredient containing any part of the
10 leaf of the plant Mitragyna speciosa or an extract of it; is manufactured as a powder, capsule, pill,
11 beverage, or other edible form; and all kratom products are foods.
12 III. "Processor" means a person that sells, prepares, manufactures, distributes, or maintains
13 kratom products, or advertises, represents, or holds itself out as selling, preparing, or maintaining
14 kratom products.
15 IV. “Retailer” means any person that sells, distributes, advertises, represents, or holds itself
16 out as selling or maintaining kratom products.
17 146:23 Kratom Product Limitations. A processor shall not prepare, distribute, sell, or expose for
18 sale any of the following:
19 I. A kratom product that is adulterated with a dangerous non-kratom substance. A kratom
20 product is adulterated with a dangerous non-kratom substance if the kratom product is mixed or
21 packed with a non-kratom substance and that substance affects the quality or strength of the kratom
22 product to such a degree as to render the kratom product injurious to a consumer.
23 II. A kratom product that is contaminated with a dangerous non-kratom substance. A
24 kratom product is contaminated with a dangerous non-kratom substance if the kratom product
25 contains a poisonous or otherwise deleterious non-kratom ingredient, including, but not limited to,
26 the substances listed in RSA 318-B.
27 III. A kratom product containing a level of 7-hydroxymitragynine in the alkaloid fraction
28 that is greater than 2 percent of the overall alkaloid composition of the product.
29 IV. A kratom product containing any synthetic alkaloids including synthetic mitragynine,
30 synthetic 7-hydroxymitragynine, or any other synthetically derived compounds of the kratom plant.
 HB 333 - AS INTRODUCED
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1 V. That does not provide adequate labeling directions necessary for safe and effective use by
2 consumers, including a recommended serving size.
3 146:24 Age Limits. A processor shall not distribute, sell, or expose for sale a kratom product to
4 an individual under 18 years of age.
5 146:25 Violations.
6 I. A processor that violates RSA 146:23 is subject to an administrative fine of not more than
7 $500 for the first offense and not more than $1000 for the second or subsequent offense. Upon the
8 request of a person to whom an administrative fine is issued, the director shall conduct a hearing in
9 accordance with RSA 541.
10 II. A retailer does not violate RSA 146:23 if it is shown by a preponderance of the evidence
11 that the retailer relied in good faith upon the representations of a manufacturer, processor, packer,
12 or distributor of food represented to be a kratom product.
13 3 Effective Date. This act shall take effect January 1, 2022.