UNOFFICIAL COPY 25 RS BR 1423
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AN ACT relating to kratom products. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 217.2202 is amended to read as follows: 3
A kratom processor or kratom retailer shall not: 4
(1) Distribute, dispense, sell, or make available for sale any kratom extract or kratom 5
product to an individual who is under twenty-one (21) years of age; or 6
(2) Prepare, manufacture, distribute, dispense, sell, or make available for sale any 7
kratom extract or kratom product that: 8
(a) Is adulterated with a dangerous nonkratom substance that affects the quality 9
or strength of the kratom extract or kratom product to such a degree that it 10
may injure a consumer; 11
(b) Contains a poisonous or otherwise harmful nonkratom ingredient, including 12
but not limited to any controlled substance as defined in KRS Chapter 218A; 13
(c) [Contains a level of 7-hydroxymitragynine in the alkaloid fraction that is 14
greater than two percent (2%) of the overall alkaloid composition of the 15
product; 16
(d) ]Contains any synthetic alkaloid, including synthetic mitragynine, synthetic 7-17
hydroxymitragynine, or any other synthetically derived compound of the plant 18
Mitragyna speciosa; 19
(d)[(e)] Contains levels of residual solvents higher than those permitted under 20
the United States Pharmacopeia Chapter 467; or 21
(e)[(f)] Does not meet the labeling requirements established pursuant to KRS 22
217.2203 or any administrative regulation promulgated thereunder. 23
Section 2. KRS 217.2203 is amended to read as follows: 24
(1) All kratom extracts and kratom products sold or otherwise distributed in the 25
Commonwealth shall be accompanied by a clear label that provides adequate 26
information for safe and effective use by consumers that includes but is not limited 27 UNOFFICIAL COPY 25 RS BR 1423
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to: 1
(a)[(1)] A list of the ingredients used in the manufacturing of the kratom extract 2
or kratom product; 3
(b)[(2)] The amount of mitragynine and 7-hydroxymitragynine contained in the 4
kratom extract or kratom product; 5
(c)[(3)] The recommended serving size of the kratom extract or kratom product; 6
(d)[(4)] The number of servings per container of the kratom extract or kratom 7
product; 8
(e)[(5)] The name and principle street address of the vendor or person 9
responsible for distributing the kratom extract or kratom product; 10
(f)[(6)] Any precautionary statements as to the safety and effectiveness of the 11
kratom extract or kratom product; and 12
(g)[(7)] A disclaimer that the kratom extract or kratom product is not intended to 13
diagnose, treat, cure, or prevent any medical condition or disease. 14
(2) Any product that contains a level of 7-hydroxymitragynine in the alkaloid 15
fraction that is greater than two percent (2%) of the overall alkaloid composition 16
of the product shall comply with the labeling requirements established in 17
subsection (1) of this section but shall not be labeled or marketed as a kratom 18
product or contain any reference or indication on its packaging that it is a kratom 19
product. 20
(3) Processors and retailers of any product described in subsection (2) of this section 21
shall comply with Section 1 of this Act. 22
Section 3. KRS 217.2205 is amended to read as follows: 23
(1) The department may promulgate administrative regulations in accordance with 24
KRS Chapter 13A to implement KRS 217.2202, 217.2203, and 217.2207. 25
(2) Administrative regulations promulgated pursuant to this section shall apply to 26
products that contain a level of 7-hydroxymitragynine in the alkaloid fraction 27 UNOFFICIAL COPY 25 RS BR 1423
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that is greater than two percent (2%) of the overall alkaloid composition of the 1
product except that those administrative regulations shall not require those 2
products to be labeled as a kratom product or as containing kratom extracts. 3