DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 523 Original 2020 Regular Session Mincey
Abstract: Provides relative to the distribution and sale of kratom products.
Proposed law provides that proposed law shall be known as the "Kratom Consumer Protection Act".
Proposed law provides for the following definitions:
(1) Adulterated kratom product.
(2) Department.
(3) Kratom product.
(4) Label.
(5) Labeling.
(6) Vendor.
Proposed law provides that the labeling associated with kratom products shall be in compliance with
federal law, 21 U.S.C. 301 et seq. Further provides that the following shall be included on the
product label:
(1) A list of all ingredients contained in the product.
(2) A warning for minors and pregnant women who may consume the product.
(3) A warning that the product may be hazardous to a consumer's health.
(4) A recommended serving size to be consumed for safety purposes.
(5) The manufacturer's business name, address, and telephone number.
(6) The amount of Mitragynine and 7-Hydroxy-mitragynine contained in the product.
(7) A statement that the kratom product contains less than 2% of 7-Hydroxy-mitragynine of the
total alkaloid content. Proposed law provides that the La. Dept. of Health may promulgate rules in accordance with the
Administrative Procedure Act to provide for any additional labeling of kratom products.
Proposed law provides that a vendor may not sell, prepare, distribute, or expose for sale any of the
following:
(1) A kratom product that is adulterated with a dangerous substance. Further providing that a
kratom product is considered adulterated when it is mixed with a non-kratom substance that
causes the quality of the product to be rendered dangerous for a consumer. A dangerous
substance includes, but is not limited to those controlled dangerous substances listed in
present law.
(2) The kratom product contains 7-Hydroxy-mitragynine that is greater than 2% of the alkaloid
composition of the product.
(3) The kratom product contains synthetic alkaloids derived from the Mitragyna speciosa leaf.
Proposed law provides that it is unlawful to distribute a kratom product to a minor. Further provides
that if a person violates proposed law, they shall be fined no more than $50.
Proposed law provides that a vendor who violates the labeling specification shall be subjected to a
fine of no more than $500 for the first offense and no more than $1000 for the second or subsequent
offense.
Proposed law provides that a vendor who sells an adulterated product or contains more than the
allowable alkaloid content shall be guilty of a misdemeanor and punished by a fine of not to exceed
$1000.
Proposed law provides that a vendor does not violate proposed law if it is proven by a preponderance
of the evidence that the vendor relied in good faith upon the representation that the product contains
kratom.
Proposed law provides that any person aggrieved by proposed law may bring a civil suit in a court
of competent jurisdiction for damages.
Proposed law repeals present law.
(Adds R.S. 40:1050.1-1050.6; Repeals R.S. 40:989.3)