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 572 Original 2023 Regular Session Goudeau
Abstract: Provides relative to kratom products.
Proposed law creates the "Kratom Consumer Protection Act" for the purpose of regulating the
preparation, distribution, sale, or exposure for sale of kratom.
Proposed law provides for the following definitions related to kratom products and distribution of
kratom products:
(1) Commissioner
(2) Food
(3) Kratom extract
(4) Kratom product
(5) Processor
(6) Retailer
Proposed law specifies products that processors are not permitted to prepare, distribute, sell, or
expose for sale. Specifies that this prohibition includes:
(1)Kratom products that are adulterated with a dangerous non-kratom substance that renders the
product injurious to a consumer.
(2)Kratom contaminated with a dangerous non-kratom substance, such as a poisonous or
otherwise deleterious ingredient, including, but not limited to, the substances listed in the
state's controlled substances list.
(3)Kratom extract that contains levels of residual solvents higher than is allowed in the United
States Pharmacopeia 467.
(4)Kratom products containing a level of 7-hydroxymitragynine and alkaloid fraction greater
than one percent of the overall alkaloid composition. (5)Kratom products containing any synthetic alkaloids.
(6)Kratom products not adequately labeled with directions for safe use by a consumer.
Proposed law prohibits processors from distributing or exposing for sale kratom products to minors.
Proposed law provides for kratom product registration, including processor registration, which
includes a certificate of analysis (COA) from a certified independent third party, non-compliance
reports, which require the processor to produce an updated and current COA showing compliance
with the requirements for safe kratom products, adverse events reports, which must be submitted to
the department and third party verification, which the processor must be required to submit payment
for an independent third party laboratory test of a registered kratom product if the department has
a reasonable basis to require a test.
Proposed law provides penalties for violations of proposed law. Specifies that a processor that
violates proposed law is subject to an administrative fine of not more than $500 for the first offense
and not more than $1000 for a second or subsequent offense. Requires the commissioner to conduct
a hearing in accordance with the Administrative Procedure Act upon request of a person to whom
an administrative fine is issued. Additionally, specifies that a retailer does not violate proposed law
if shown by a preponderance of the evidence that the retailer relied in good faith on the
representation of a manufacturer, processor, or distributor of food represented to be a kratom
product.
(Amends the heading of Part XI of Chapter 4 of Title 40; Adds R.S. 40:1051-1056)