SB 504 — Creates the "Kratom Consumer Protection Act"

Summary

Creates the "Kratom Consumer Protection Act"

Bill Text

Compared against the Missouri Revised Statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 2 section(s) of the Missouri Revised Statutes: Section 196.1170, RSMo; Section 536.028, RSMo.

• Section 196.1170, RSMo

  cited as the "Kratom Consumer Protection Act". As used in this section, the following terms mean: (1"Dealer", a person who sells, prepares, or maintains kratom products or advertises, represents, or holds oneself out as selling, preparing, or maintaining kratom products. Such person may include, but not be limited to, a manufacturer, wholesaler, store, restaurant, hotel, catering facility, camp, bakery, delicatessen, supermarket, grocery store, convenience store, nursing home, or food or drink company; (2"Department", the department of health and senior services; (3"Director", the director of the department or the director's designee; (4"Food", a food, food product, food ingredient, dietary ingredient, dietary supplement, or beverage for human consumption; (5"Kratom product", a food product or dietary ingredient containing any part of the leaf of the plant Mitragyna speciosa. The general assembly hereby occupies and preempts the entire field of regulating kratom products to the complete exclusion of any order, ordinance, or regulation of any political subdivision of this state. Any political subdivision's existing or future orders, ordinances, or regulations relating to kratom products are hereby void. (1) A dealer who prepares, distributes, sells, or exposes for sale a food that is represented to be a kratom product shall disclose on the product label the factual basis upon which that representation is made. (2A dealer shall not prepare, distribute, sell, or expose for sale a food represented to be a kratom product that does not conform to the disclosure requirement under subdivision (1) of this subsection. A dealer shall not prepare, distribute, sell, or expose for sale any of the following: (1A kratom product that is adulterated with a dangerous non-kratom substance. A kratom product shall be considered to be adulterated with a dangerous non-kratom substance if the kratom product is mixed or packed with a non-kratom substance and that substance affects the quality or strength of the kratom product to such a degree as to render the kratom product injurious to a consumer; (2A kratom product that is contaminated with a dangerous non-kratom substance. A kratom product shall be considered to be contaminated with a dangerous non-kratom substance if the kratom product contains a poisonous or otherwise deleterious non-kratom ingredient including, but not limited to, any substance listed in section 195.017; (3A kratom product containing a level of 7- hydroxymitragynine in the alkaloid fraction that is greater than two percent of the alkaloid composition of the product; (4A kratom product containing any synthetic alkaloids, including synthetic mitragynine, synthetic 7- hydroxymitragynine, or any other synthetically derived compounds of the plant Mitragyna speciosa; or (5A kratom product that does not include on its package or label the amount of mitragynine and 7- hydroxymitragynine contained in the product. A dealer shall not distribute, sell, or expose for sale a kratom product to an individual under eighteen years of age. (1) If a dealer violates subdivision (1) of subsection 4 of this section, the director may, after notice and hearing, impose a fine on the dealer of no more than five hundred dollars for the first offense and no more than one thousand dollars for the second or subsequent offense. (2A dealer who violates subdivision (2) of subsection 4 of this section, subsection 5 of this section, or subsection 6 of this section is guilty of a class D misdemeanor. (3A person aggrieved by a violation of subdivision (2) of subsection 4 of this section or subsection 5 of this section may, in addition to and distinct from any other remedy at law or in equity, bring a private cause of action in a court of competent jurisdiction for damages resulting from that violation including, but not limited to, economic, noneconomic, and consequential damages. (4A dealer does not violate subdivision (2) of subsection 4 of this section or subsecti

  amended

• Section 536.028, RSMo

  nonseverable, and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2023, shall be invalid and void.

  amended

Action History

1. March 23, 2023

   Second Read and Referred S General Laws Committee

2. January 17, 2023

   S First Read

Sponsors

• Thompson Rehder · Primary

Subjects