AB 322 — Revises provisions relating to kratom products. (BDR 52-763)
Last action — Vetoed by the Governor.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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5To Executive
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6Enacted
This bill died with 2023 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Vetoed by Governor Joe Lombardo (Republican) on June 16, 2023.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
265 added · 297 removed265 line(s) added, 297 removed.
REQUIRESAssembly TWO-THIRDSBill MAJORITYNo. VOTE (§§ 6, 6.5) (Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT A.B.
322322–Assemblymen ANguyen, SSEMBLYYeager, BGonzález; ILLN O.
322–ASSEMBLYMENBrown-May, NGUYENDickman, ,D’Silva YEAGERand ,Gallant GONZÁLEZJoint ;Sponsors:
BROWNSenators -MHansen; AY , DICKMAN , D’SILVA AND GALLANT M ARCH 16, 2023 ____________ JOINT SPONSORS :
ENATORS HANSEN ;AND N GUYEN ____________ Referred to Committee on Commerce and LaborNguyen SUMMARY—RevisesCHAPTER.......... provisions relating to kratom products.
(BDR 52-763) FISCAL NOTE:
EffecProvides for Term of Imprisonment in County or City Jail or Detention Facility.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
prohibiting a person from selling or offering to sell a kratom product to an end user unless the kratom product has been registered with the StateDivision of Public and Behavioral Health of the Department of Agriculture;Health and Human Services;
setting forth requirements for the registration of a kratom product with the Department;Division;
requiring a person who registers a kratom product to pay certain expenses and report certain information relating to the kratom product to the Department;Division;
authorizing the DepartmentDivision to adopt certain regulations governing kratom products;
prohibiting the State Board of Pharmacy from including certain substances on a schedule of controlled substances;
making an appropriation;
-Legislative *AB322_R1*Counsel’s –Digest: 2 – LegExisting law defines “kratom product” to mean, in general, any product or ingredient containing any part of the leaf of the Mitragyna Speciosa plant if the plant contains the alkaloid mitragynine or 7-hydroxymitragynine, or any synthetic material that contains the alkaloid mitragynine or 7-hydroxymitragynine.
Existing law prohibitsdefines a“kratom personproduct” from:to mean, in general, any product or ingredient containing any part of the leaf of the Mitragyna Speciosa plant if the plant contains the alkaloid mitragynine or 7-hydroxymitragynine, or any synthetic material that contains the alkaloid mitragynine or 7-hydroxymitragynine.
(1)Existing selling or offering to sell any material, compound, mixture or preparation containing a kratom product to a child under the age of 1818nd, years;
and (3) selling a kratom product thethat impositiondoes of a civil penalty of not morehave than $1,000 against a personlabel whodesthat formeets violatescertain thoserequirements. prohibitions.
(NRSExisting 597.998)law Sectionprovides 5for of this bill revises the definitionimposition of kratoma productcivil topenalty meanof foodnot containingmore anythan part$1,000 ofagainst thea leafperson ofwho theviolates Mitragynathose Speciosaprohibitions. plant.
(NRS 597.998) containing any part of the leaf of the Mitragyna Speciosa plant.
Section 9 eliminates the civil penalty imposed for engaging in such prohibited acts fines by the Division of Public and Behavioral Health of the Department of AgricultureHealthe and Human Services for certain violations relating to kratom products.
Section 6 of this bill prohibits a person from selling or offering to sell a kratom product to an end user unless the kratom product has been registered with the Department.- 82nd Session (2023) – 2 – product with the Division.orth certain requirements for a person to register a kratom Sections 6.5 and 8 of this bill set forth circumstances under which the Division may require a person who registers a kratom product to submit the kratom product to a laboratory for certain additional testing.
Section 67.5 setsof forththis certainbill requirementsrequires for a person who registers a kratom product to registersubmit to the Division a copy of certain reports concerning the kratom product withthat are required to be submitted to the Department.United States Food and Drug Administration.
SectionsSection 6.57 and 8 of this bill setauthorizes forththe circumstancesDivision underto whichadopt certain regulations to from the DepartmentState mayGeneral requireFund ato personthe whoDivision registersfor apersonnel, kratomtravel, productoperating,opriation toequipment submitand theinformation kratomservices productexpenses to acarry laboratoryout forthe certainprovisions additionalof testing.this bill.
SectionExisting 7.5law ofsets thisforth bill requires a person who registers a kratom product to submit to the DepartmentUniform aControlled submittedSubstances toAct, thewhich Unitedestablishes Statesvarious Foodprovisions andrelating Drug Administration.re required to becontrolled Sectionsubstances, 7including, ofwithout thislimitation, billprovisions authorizesestablishing the Board to adopt certain regulationsoffenses toconcerning carrycontrolled outsubstances and the provisionspenalties offor thisthose bill.offenses.
(NRS 453.011-453.348) Existing law authorizes the State Board of Pharmacy to adopt regulations to add, delete or reschedule substances as controlled substances in schedules I, II, III, IV or V pursuant to the Uniform Controlled Substances Act.
(NRS 453.146) Existingalkaloids lawis prohibitsadded certainto substancesa fromschedule beingof includedcontrolled onsubstances, sucha person who engages in the possession, delivery, production, sale or use of a schedule.kratom product that meets the requirements of this bill and who confines his or her activities to those authorized by this bill does not commit a violation of any law, ordinance, rule or regulation of this State or any political subdivision of this State and any such conduct must not constitute the basis for any investigation, detention, search, seizure, arrest, prosecution or other legal penalty against the person.
(NRS 453.2186) Section 9.59.7 of this bill prohibits the Board from including mitragynine or any of its constituent alkaloids on any schedule unless the substance bill provides that ifthe mitragynineUniform orControlled anySubstances ofAct itsand constituentcertain alkaloidsother isprovisions addedgoverning to as schedule of controlled substances,substances ado personnot whoapply engagesto in the possession,extent delivery,that production,they saleare orinconsistent usewithSections of2.5-4.5 a kratom product that meets the requirements of this bill anddefine whocertain confinesother hiswords orand herterms activitiesfor tothe thosepurposes authorized by this bill does not commit a violation of any law, ordinance, rule or regulation of this Statebill. or any political subdivision of this State and any such conduct must not constitute the basis for any investigation, detention, search, seizure, arrest, prosecution or other legal penalty against the person.
SectionsEXPLANATION 2.5-4.5– ofMatter thisin billbolded defineitalics certainis othernew; words and terms for the purposes of this bill.
-matter *AB322_R1*between –brackets 3[omitted –material] THEis PEOPLEmaterial OFto THEbe STATEomitted. OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
- 82nd Session (2023) – 3 – Sec.
“Department”“Division” means the StateDivision of Public and Behavioral Health of the Department of Agriculture.Health and Human Services.
“Food” means any food, food product, food ingredient,intended dietaryfor ingredient,ultimate dietaryhuman supplementconsumption.supplement or beverage intendedSec. for ultimate human consumption.
Sec.
A person shall not sell or offer to sell a kratom product to an end user unless the kratom product has been registered with the DepartmentDivision pursuant to this section.
A person who wishes to register a kratom product must submit to the Department:Division:
Show all 98 changed lines (58 more)
(b)(a) AAn feeapplication inon ana amountform establishedprescribed by the DepartmentDivision. bynt;
regulation;(b) A fee in an amount established by the Division by regulation.
(1) Is produced by an independent laboratory that meets any requirements set forth in regulations adopted by the DepartmentDivision pursuant to section 7 of this act;act.
andSuch requirements may include, without limitation, a requirement that the independent laboratory to the testing of food.standards required by the Division relating (2) Provides sufficient information about the kratom product to enable the DepartmentDivision to determine whether the kratom product complies with the provisions of NRS 597.998 and sections 2 to 8.7, inclusive, of this act;act.
and (d) Any other information and documentation that the DepartmentDivision deems necessary to ensure that the kratom product - *AB322_R1* – 4 – meets the requirements of NRS 597.998 and sections 2 to 8.7, inclusive, of this act and the regulations adopted pursuant thereto.
A registration issued pursuant to this section expires 1 year after issuance and may be renewed by submitting to the DepartmentDivision an application for renewal and the same fees and materials required by paragraphs (b), (c) and (d) of subsection 2 for an initial registration.
- 82nd Session (2023) – 4 – Sec.
If the DepartmentDivision has reasonable cause to believe that the information contained on the label of, or the certificate of analysis for, a kratom product is inaccurate, the DepartmentDivision may require the person who registered the kratom product to send the kratom product to a laboratory selected by the Department to conduct testing on the kratom product.
selected by the Division to conduct 2.
After the testing conducted pursuant to subsection 1 is completed, the DepartmentDivision shall send the person who registered the kratom product a bill for the costs of the testing.
If the person fails to pay those costs within a period of time after the receipt of the bill established by the DepartmentDivision by regulation, the DepartmentDivision shall revoke the registration of the kratom product.
The DepartmentDivision may adopt regulations as it determines to be necessary or advisable to carry out the provisions of NRS 597.998 and sections 2 to 8.7, inclusive of this act.
§ 379aa-1 concerning a serious adverse event involving a kratom product that the person has registered pursuant to section 6 of this act, the person shall send a copy of that report to the DepartmentDivision by certified mail within a period of time established by the DepartmentDivision by regulation.
Failure to send to the DepartmentDivision a copy of the report described in subsection 1 within the time required by subsection 1, constitutes grounds for the revocation of the registration of the kratom product about which the report relates.
Any person may report to the DepartmentDivision on a form prescribedsections by2 theto Department8.7, ainclusive, suspectedof violationthis act.lation of NRS 597.998 or sections2. 2 to 8.7, inclusive, of this act.
2.If the Division determines that the allegations in a complaint are credible and relate to the content or labeling of, or a certificate of analysis for, a kratom product, the Division shall require the person who committed the alleged violation to obtain and provide to the Division, within a period of time prescribed by the Division by regulation, a new certificate of analysis which complies with paragraph (c) of subsection 2 of section 6 of this act for the kratom product.
If3. the Department determines that the allegations in a complaint are credible and relate to the content or labeling of, or a certificate of analysis for, a kratom product, the Department shall require the person who committed the alleged violation to obtain and provide to the Department, within a period of time prescribed by the Department by regulation, a new certificate of analysis which complies with paragraph (c) of subsection 2 of section 6 of this act for the kratom product.
-If *AB322_R1*a –person 5fails –to 3.provide the Division with a certificate of analysis pursuant to subsection 2, the Division shall revoke the registration for the kratom product.
If a person fails to provide the Department with a certificate of analysis pursuant to subsection 2, the Department shall revoke the registration for the kratom product.
Notwithstanding any other provision of law, if mitragynine or any of its constituent alkaloids are added to schedule I, II, III, IV or V by the State Board of Pharmacy by - 82nd Session (2023) – 5 – regulation pursuant to NRS 453.146, a person who engages in the possession, delivery, production, sale or use of a kratom product that meets the requirements of NRS 597.998 and sections 2 to 8.7, inclusive, of this act and who confines his or her activities to those authorized by NRS 597.998 and sections 2 to 8.7, inclusive, of this act does not violate any law, ordinance, rule or regulation of this State or any political subdivision of this State and such conduct may not constitute the basis for any investigation, detention, search, seizure, arrest, prosecution or other legal penalty against the person.
Upon the request of a person to whom an administrative fine is issued, the DepartmentDivision shall provide notice of and conduct a hearing in accordance with the provisions of chapter 233B of NRS.
(a) Is combined,adulterated packaged, oras adulterateddefined within [a]21 :U.S.C.
(1)§ A342, controlled substance or acombined dangerous drug, as defined in chapter 454 of NRS, or anypackaged poisonouswith or[a] deleterious: substance;
or(1) (2)A Anycontrolled substance that affects the quality or strengtha ofdangerous thedrug, kratomas productdefined toor suchchapter a454 degreeof asNRS, toor renderany thepoisonous kratomor productdeleterious injurioussubstance; to a consumer [.
(2) Any substance that affects the quality or strength of the kratom product to such a degree as to render the kratom product injurious to a consumer [.
- *AB322_R1* – 6 – 4.
(a)- Any82nd partSession of(2023) the– leaf6 of– the Mitragyna Speciosa plant if the plant contains the alkaloid mitragynine or 7-hydroxymitragynine;
(d) Does not include a label that complies with any requirements for the labeling of food established by the State Board of Health by regulations adopted pursuant to NRS 439.200 or 446.940 and that clearly sets forth:
(2)(3) The maximumnumber limitsof forservings individualequal servingsto perthe day;size of oneday;
(3) The number of servings equal to the size of one recommended individual serving that are contained in the package;
NRS(Deleted 453.2186by isamendment.) herebySec. amended to read as follows:
453.21869.7. 1.
Authority to control pursuant to NRS 453.146,453.005 453.218,is 453.2182hereby andamended 453.2184 does not extend to distilledread spirits,as wine,follows: malt beverages or tobacco.
453.005 The provisions of this chapter do not apply to the extent that they are inconsistent with the provisions of [title] :
1.
Title 56 of NRS.
TheNRS Board597.998 shalland notsections include2 mitragynineto or8.7, anyinclusive, of itsthis constituentact. alkaloids on any schedule unless the substance is designated as a controlled substance pursuant to federal law.
3.General Fund to the Division of Public and Behavioral Health of the Department of Health and Human Services for personnel, travel, operating, equipment and information services expenses to carry out the provisions of this act the following sums:
TheFor Board shall not include any nonnarcotic substance on any schedule if that substance is in a form suitable for final dosage and has been approved by the FoodFiscal andYear Drug2023-2024..................................$121,162 AdministrationFor for sale over the counterFiscal withoutYear a2024-2025..................................$140,010 prescription,2. unless the Board affirmatively finds that:
(a)Any Thebalance substanceof itselfthe orsums oneappropriated orby moresubsection 1 remaining at the end of itsthe activerespective ingredientsfiscal years must not be committed for expenditure after June 30 of the respective fiscal - 82nd Session (2023) – 7 – years by the entity to which the appropriation is anmade immediateor precursorany entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of athe controlledappropriated substance;money remaining must not be spent for any purpose after either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2024, and September 19, 2025, respectively.
and (b) The substance is materially misbranded or mislabeled, or the public interest requires the scheduling of the substance as a controlled substance in schedule I, II, III or IV.
- *AB322_R1* – 7 – [3.] 4.
In determining whether the public interest requires the scheduling of the substance, the Board shall consider:
(a) Whether the customary methods of marketing and distributing the substance are likely to lead to its unlawful distribution or use, including any relevant information with regard to a manufacturer or distributor of the substance concerning:
(1) His or her record of compliance with applicable federal, state and local statutes, ordinances and regulations;
(2) His or her past experience in the manufacture and distribution of controlled substances, and the existence in his or her establishment of effective controls against the unlawful distribution or use of the substance;
(3) Whether he or she has ever been convicted under any federal or state law relating to a controlled substance;
and (4) Whether he or she has ever furnished materially falsified or fraudulent material in any application filed pursuant to NRS 453.011 to 453.552, inclusive;
(b) Whether the substance is controlled under the federal Controlled Substances Act;
(c) The status of any pending proceeding to determine whether the substance should be controlled or exempted from control;
(d) Any history of abuse or misuse of the substance in this State;
and (e) Any other factors which are relevant to the public health and safety.
[4.] 5.
In determining whether a substance is misbranded or mislabeled, the Board shall consider the requirements of the federal Food, Drug, and Cosmetic Act and the Code of Federal Regulations concerning indications for its use and any advertising for a use not so indicated.
SectionsSection 19.8 to 9.5, inclusive, of this act becomebecomes effective:effective on July 1, 2023.
3.
Sections 1 to 9.7, inclusive, of this act become effective:
H~~~~~ 23 - *AB322_R1*82nd Session (2023)
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View plain text versions (5)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Reprint 2 View text pdf
- Reprint 3 View text pdf
- Introduced As Introduced pdf
Compared against the Nevada Revised Statutes as published AI-generated reading aid — verify against the official bill.
The bill modifies regulations surrounding the sale and registration of kratom products, including registration requirements and penalties for violations.
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NRS 597.998
is adulterated→ is adulterated, as defined in 21 U.S.C. § 342, or combined or packaged withClarifies the definition of adulterated kratom products.
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NRS 597.998
or combined or packaged with [a]→ (1) A controlled substance or a dangerous drug, as defined or chapter 454 of NRS, or any poisonous or dangerous substance.Specifies the types of substances that kratom products cannot be combined or packaged with.
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NRS 597.998
2. A person shall not sell or offer to sell a kratom product to an end user unless the kratom product has been registered with the Division pursuant to this section.
Introduces a requirement for kratom products to be registered before sale.
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NRS 597.998
3. A person who wishes to register a kratom product must submit to the Division: (a) An application on a form prescribed by the Division. (b) A fee in an amount established by the Division by regulation. (c) A certificate of analysis for the kratom product which: (1) Is produced by an independent laboratory that meets any requirements set forth in regulations adopted by the Division pursuant to section 7 of this act.
Establishes detailed requirements for registering kratom products.
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NRS 597.998
1. A person who violates any provision of NRS 597.998 and sections 2 to 8.7, inclusive, of this act is subject to an administrative fine in an amount not to exceed $500 for a first offense and $1,000 for a second or subsequent offense.
Defines specific administrative penalties for violations of the kratom regulations.
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NRS 597.998
The Division may adopt regulations as it determines to be necessary or advisable to carry out the provisions of NRS 597.998 and sections 2 to 8.7, inclusive of this act.
Grants the Division authority to adopt necessary regulations for kratom products.
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NRS 597.998
If the Division has reasonable cause to believe that the information contained on the label of, or the certificate of analysis for, a kratom product is inaccurate, the Division may require the person who registered the kratom product to send the product to a laboratory selected by the Division to conduct testing.
Allows the Division to conduct testing if there are inaccuracies in product labeling or analysis.
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NRS 453.146
Notwithstanding any other provision of law, if mitragynine or any of its constituent alkaloids are added to schedule I, II, III, IV or V by the State Board of Pharmacy by regulation pursuant to NRS 453.146, a person who engages in the possession, delivery, production, sale or use of a kratom product that meets the requirements of NRS 597.998 ... does not commit a violation of any law.
Protects individuals from penalties for kratom-related activities if they comply with the bill's requirements.
Amendments
3 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Vetoed by the Governor.
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Enrolled and delivered to Governor.
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Read third time. Passed. Title approved. (Yeas: 19, Nays: 2.) To Assembly. In Assembly. To enrollment.
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From committee: Do pass. Placed on Second Reading File. Read second time.
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From printer. To reengrossment. Reengrossed. Second reprint. To Chief Clerk's desk. Taken from Chief Clerk's desk. Placed on General File. Read third time. Amended. (Amend. No. 925.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 30, Nays: 12.) To printer. From printer. To reengrossment. Reengrossed. Third reprint. To Senate. In Senate. Read first time. Referred to Committee on Finance. To committee.
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From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 893.) Placed on Chief Clerk's desk. To printer.
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From printer. To engrossment. Engrossed. First reprint. Taken from General File. Rereferred to Committee on Ways and Means. Exemption effective. To committee.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 433.) To printer.
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Notice of eligibility for exemption.
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From printer. To committee.
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Read first time. Referred to Committee on Commerce and Labor. To printer.
Sponsors
- Duy Nguyen · Primary
- Steve Yeager · Primary
- Cecelia González · Primary
- Ira Hansen · Primary
- Tracy Brown-May · Cosponsor
- Jill Dickman · Cosponsor
- Reuben D'Silva · Cosponsor
- Danielle Gallant · Cosponsor
- Rochelle T. Nguyen · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →4 sponsors · 5 co-sponsors · 58 not signed on
Sponsors (4)
- Nguyen, Duy Democratic
- Yeager, Steve Democratic
- González, Cecelia Democratic
- Hansen, Ira Republican
Co-sponsors (5)
- Brown-May, Tracy Democratic
- Dickman, Jill Republican
- D'Silva, Reuben Democratic
- Gallant, Danielle Republican
- Nguyen, Rochelle T. Democratic
Not signed on (58)
58 members have not signed on to this bill.
Show all 58 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors AB 322?
- AB 322 is sponsored by Nguyen, Duy (Democratic), Yeager, Steve (Democratic), González, Cecelia (Democratic), Hansen, Ira (Republican), Brown-May, Tracy (Democratic), Dickman, Jill (Republican), D'Silva, Reuben (Democratic), Gallant, Danielle (Republican), and Nguyen, Rochelle T. (Democratic).
- What is the current status of AB 322?
- This bill died with 2023 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 322?
- Track AB 322 free on One Click Politics — get push/email alerts when it moves.
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