| 88R3487 KKR-D | ||
| By: Lozano, Orr | H.B. No. 861 | |
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| relating to the processing and sale of kratom and kratom products; | ||
| providing civil penalties; creating a criminal offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. This Act shall be known as the Texas Kratom | ||
| Consumer Health and Safety Protection Act. | ||
| SECTION 2. Subtitle A, Title 6, Health and Safety Code, is | ||
| amended by adding Chapter 444 to read as follows: | ||
| CHAPTER 444. MANUFACTURE, DISTRIBUTION, AND SALE OF | ||
| KRATOM PRODUCTS | ||
| Sec. 444.001. DEFINITIONS. In this chapter: | ||
| (1) "Food" has the meaning assigned by Section | ||
| 431.002. | ||
| (2) "Kratom" means any part of the leaf of the plant | ||
| Mitragyna speciosa. | ||
| (3) "Kratom processor" means a person who: | ||
| (A) manufactures, prepares, distributes, or | ||
| maintains kratom products for sale; | ||
| (B) advertises, represents, or holds oneself out | ||
| as a manufacturer, preparer, or seller of kratom products; | ||
| (C) is responsible for ensuring the purity and | ||
| proper labeling of kratom products; or | ||
| (D) packages or labels kratom products. | ||
| (4) "Kratom product" means a food, including an | ||
| extract, capsule, or pill, containing any form of kratom. | ||
| (5) "Kratom retailer" means a kratom processor who | ||
| sells kratom products to consumers or who advertises, represents, | ||
| or holds oneself out as a person who sells kratom products to | ||
| consumers. | ||
| Sec. 444.002. LABEL REQUIRED. (a) A kratom processor shall | ||
| label each kratom product with the product use directions necessary | ||
| to ensure safe use of the product by a consumer, including the | ||
| recommended serving size for the product. | ||
| (b) A kratom retailer may only sell a kratom product that is | ||
| properly labeled in accordance with this section. | ||
| Sec. 444.003. ADULTERATED, CONTAMINATED, AND PROHIBITED | ||
| KRATOM PRODUCTS. A kratom processor or kratom retailer may not | ||
| prepare, distribute, sell, or offer to sell a kratom product that: | ||
| (1) is adulterated with a dangerous non-kratom | ||
| substance affecting the quality or strength of the product to a | ||
| degree that renders the product injurious to a consumer; | ||
| (2) is contaminated with a poisonous or otherwise | ||
| deleterious non-kratom substance, including any substance | ||
| designated as a controlled substance by Chapter 481 (Texas | ||
| Controlled Substances Act); | ||
| (3) contains a level of 7-hydroxymitragynine in the | ||
| alkaloid fraction that is greater than two percent of the overall | ||
| alkaloid composition of the product; or | ||
| (4) contains any synthetic alkaloids, including | ||
| synthetic 7-hydroxymitragynine and synthetically derived compounds | ||
| from a kratom plant. | ||
| Sec. 444.004. OFFENSE FOR DISTRIBUTION OR SALE OF KRATOM | ||
| PRODUCT TO MINOR. (a) A person commits an offense if the person | ||
| distributes, sells, or exposes for sale a kratom product to an | ||
| individual younger than 18 years of age. | ||
| (b) An offense under this section is a Class C misdemeanor. | ||
| Sec. 444.005. CIVIL PENALTY. (a) A person who violates | ||
| this chapter is subject to a civil penalty in the amount of: | ||
| (1) $250 for the first violation; | ||
| (2) $500 for the second violation; and | ||
| (3) $1,000 for each subsequent violation. | ||
| (b) Each day a violation continues or occurs is a separate | ||
| violation for purposes of imposing a penalty under this section. | ||
| (c) A kratom retailer is not liable for a civil penalty | ||
| under this section for a violation of Section 444.002 or 444.003 if | ||
| the kratom retailer proves by a preponderance of the evidence that | ||
| the violation was unintentional and due to the kratom retailer's | ||
| good faith reliance on the representation of another kratom | ||
| processor.<Statutes affected: Introduced: () House Committee Report: () | ||