1 STATE OF OKLAHOMA
1
2 2nd Session of the 59th Legislature (2024)
2
3 SENATE BILL 1639 By: Prieto
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to kratom products; amending 63 O.S.
7 2021, Section 1-1432.4, which relates to labeling
8 requirements; modifying and adding labeling
8 requirements for kratom products; and providing an
9 effective date.
9
10
10
11
11
12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
12
13 SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-1432.4, is
13
14 amended to read as follows:
14
15 Section 1-1432.4. A. A vendor shall not prepare, distribute,
15
16 sell or expose for sale any of the following:
16
17 1. A kratom product that is adulterated with a nonkratom
17
18 substance. A kratom product is adulterated with a nonkratom
18
19 substance if the kratom product is mixed or packed with a nonkratom
19
20 substance and that substance affects the quality or strength of the
20
21 kratom product to such a degree as to render the kratom product
21
22 injurious to a consumer;
22
23 2. A kratom product that is contaminated with a dangerous
23
24 nonkratom substance. A kratom product is contaminated with a
24
Req. No. 2988 Page 1
 1 dangerous nonkratom substance if the kratom product contains a
1
2 substance that is not safe for human consumption;
2
3 3. A kratom product containing a level of 7-hydroxymitragynine
3
4 in the alkaloid fraction that is greater than two percent (2%) of
4
5 the alkaloid composition of the product;
5
6 4. A kratom product containing any synthetic alkaloid including
6
7 synthetic mitragynine, synthetic 7-hydroxymitragynine or any other
7
8 synthetically derived compounds of the kratom plant; or
8
9 5. A kratom product containing any controlled substance listed
9
10 in the Uniform Controlled Dangerous Substances Act, unless the
10
11 product is compounded by a licensed pharmacist with the controlled
11
12 substance dispensed in accordance with a valid prescription.
12
13 B. Kratom products shall be accompanied by a label, or a quick
13
14 response (QR) code on the product label linked to a website, bearing
14
15 the following information prior to its sale in this state:
15
16 1. A list of the ingredients, which shall include the common or
16
17 usual name of each ingredient used in the manufacture of the
17
18 product, listed in descending order of predominance;
18
19 2. That the sale or transfer of kratom to a person under
19
20 eighteen (18) years of age is prohibited;
20
21 3. The amount of mitragynine and 7-hydroxymitragynine contained
21
22 in the product;
22
23 4. The amount of mitragynine and 7-hydroxymitragynine contained
23
24 in packaging for the product;
24
Req. No. 2988 Page 2
 1 5. The name and the principal street address of the vendor or
1
2 the person responsible for distributing the product;
2
3 6. The suggested Clear and adequate directions for the
3
4 consumption of and safe and effective use of the product, including
4
5 the recommended serving size, the number of servings in the
5
6 container, the number of servings that can be safely consumed in a
6
7 day, and the time frame within which safe consumption should occur;
7
8 and
8
9 7. Any precautionary statements as to the safety and
9
10 effectiveness of the product, including a warning that a consumer
10
11 should consult his or her physician on questions about use of kratom
11
12 and a statement that the kratom product is not intended to
12
13 “diagnose, treat, cure, or prevent any disease”; and
13
14 8. A statement that a kratom product label is prohibited from
14
15 making any therapeutic claims unless approved by the United States
15
16 Food and Drug Administration.
16
17 C. A vendor may not distribute, sell or expose for sale a
17
18 kratom product to an individual under eighteen (18) years of age.
18
19 D. Upon request by the State Department of Health, the vendor
19
20 shall provide test results from a United States-based testing
20
21 facility to confirm the items listed on the product label.
21
22 SECTION 2. This act shall become effective November 1, 2024.
22
23
23
24 59-2-2988 DC 1/12/2024 5:48:14 PM
24
Req. No. 2988 Page 3