Bill Summary – FastDemocracy

1               HOUSE OF REPRESENTATIVES - FLOOR VERSION
2                                              STATE OF OKLAHOMA
3                        2nd Session of the 59th Legislature (2024)
4    HOUSE BILL 3574                                      By: Pae of the House
5                                                                      and
6                                                               Prieto of the Senate
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9                                               AS INTRODUCED
10              An Act relating to public health and safety; amending
                63 O.S. 2021, Section 1-1432.4, which relates to the
11              Oklahoma Kratom Consumer Protection Act; requiring
                additional information when labeling kratom products;
12              and providing an effective date.
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15   BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
16        SECTION 1.             AMENDATORY           63 O.S. 2021, Section 1-1432.4, is
17   amended to read as follows:
18        Section 1-1432.4            A.       A vendor shall not prepare, distribute,
19   sell or expose for sale any of the following:
20        1.    A kratom product that is adulterated with a nonkratom
21   substance.       A kratom product is adulterated with a nonkratom
22   substance if the kratom product is mixed or packed with a nonkratom
23   substance and that substance affects the quality or strength of the
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     HB3574 HFLR                                                                       Page 1
     BOLD FACE denotes Committee Amendments.
1    kratom product to such a degree as to render the kratom product
2    injurious to a consumer;
3         2.    A kratom product that is contaminated with a dangerous
4    nonkratom substance.             A kratom product is contaminated with a
5    dangerous nonkratom substance if the kratom product contains a
6    substance that is not safe for human consumption;
7         3.    A kratom product containing a level of 7-hydroxymitragynine
8    in the alkaloid fraction that is greater than two percent (2%) of
9    the alkaloid composition of the product;
10        4.    A kratom product containing any synthetic alkaloid including
11   synthetic mitragynine, synthetic 7-hydroxymitragynine or any other
12   synthetically derived compounds of the kratom plant; or
13        5.    A kratom product containing any controlled substance listed
14   in the Uniform Controlled Dangerous Substances Act, unless the
15   product is compounded by a licensed pharmacist with the controlled
16   substance dispensed in accordance with a valid prescription.
17        B.    Kratom products shall be accompanied by a label, or a quick
18   response (QR) code on the product label linked to a website, bearing
19   the following information prior to its sale in this state:
20        1.    A list of the ingredients, which shall include the common or
21   usual name of each ingredient used in the manufacture of the
22   product, listed in descending order of predominance;
23        2.    That the sale or transfer of kratom to a person under
24   eighteen (18) years of age is prohibited;
     HB3574 HFLR                                                                Page 2
     BOLD FACE denotes Committee Amendments.
1         3.    The amount of mitragynine and 7-hydroxymitragynine contained
2    in the product;
3         4.    The amount of mitragynine and 7-hydroxymitragynine contained
4    in packaging for the product;
5         5.    The name and the principal street address of the vendor or
6    the person responsible for distributing the product;
7         6.    The suggested Clear and adequate directions for the
8    consumption and safe and effective use of the such product,
9    including the recommended serving size, the number of servings in
10   the container, the number of servings that can be safely consumed in
11   a day, and the time frame within which safe consumption should
12   occur; and
13        7.    Any precautionary statements as to the safety and
14   effectiveness of the product, including a warning that a consumer
15   should consult his or her physician on questions about use of
16   kratom, and state that the kratom product is not intended to
17   "diagnose, treat, cure, or prevent any disease"; and
18        8.    A statement that a kratom product label is prohibited from
19   making any therapeutic claims unless approved by the United States
20   Food and Drug Administration.
21        C.    A vendor may not distribute, sell or expose for sale a
22   kratom product to an individual under eighteen (18) years of age.
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     HB3574 HFLR                                                         Page 3
     BOLD FACE denotes Committee Amendments.
1         D.    Upon request by the State Department of Health, the vendor
2    shall provide test results from a United States-based testing
3    facility to confirm the items listed on the product label.
4         SECTION 2.        This act shall become effective November 1, 2024.
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6    COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
     SUBSTANCES, dated 02/14/2024 - DO PASS, As Coauthored.
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     HB3574 HFLR                                                           Page 4
     BOLD FACE denotes Committee Amendments.