GREEN SHEET REDIGEST
HB 655 2023 Regular Session Goudeau
CONSUMERS/PROTECTION: Provides relative to kratom products.
DIGEST
Proposed law creates the "Kratom Consumer Protection Act" to regulate the preparation,
distribution, and sale of kratom.
Proposed law establishes the following criteria for kratom products sold in Louisiana:
(1) Cannot be adulterated with a dangerous nonkratom substance that renders the product
injurious to a consumer.
(2)Must contain levels of residual solvents less than is allowed by the U.S.
Pharmacopeia standards
(3)Must not contain 7-hydroxymitragynine in excess of one percent of the overall
alkaloid composition.
(4)Must not contain any synthetic alkaloids.
Proposed law requires all of the following on the package of a kratom product:
(1) A recommended a serving size.
(2)A recommended number of servings.
(3)A recommended daily serving amount.
(4)The name, address, and phone number of the manufacturer or processor.
(5)A disclaimer that the product has not been evaluated by the U.S. Food and Drug
Administration, and that the drug has not been approved to treat, cure, diagnose, or
prevent any disease.
Proposed law prohibits the sale of kratom products to anyone under the age of 21 and
requires retailers to verify the age of the purchaser prior to completing a sale of a kratom
product.
Proposed law tasks the secretary of the La. Dept. of Health with studying and reporting on
the feasibility of regulating kratom products, processors, and retailers.
Proposed law provides that feasibility study will study the following:
(1)The appropriate state agency or agencies to regulate the manufacture, sale, and use
of kratom products.
(2)The appropriate entity to test kratom products to verify compliance with proposed
law.
(3)The proper procedure for adverse health events reporting.
(4)The appropriate fees, taxes, and registration requirements.
(5)The proper fines and other enforcement penalties for noncompliance with proposed
law.
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Prepared by Michelle D. Ridge. Proposed law provides that the secretary shall report on the feasibility of regulating kratom
products, processors, and retailers by Feb. 1, 2024.
Proposed law requires a processor to report adverse health events to the La. Dept. of Health
and the U.S. Food and Drug Administration.
Proposed law provides that kratom products that do not comply with proposed law may be
seized and destroyed by law enforcement.
Proposed law establishes that proposed law shall be null and void if the U.S. Drug
Enforcement Administration adds mitragynine to the federal Controlled Substance Schedule.
Proposed law provides proposed law shall not apply to any local governmental entity that
passes stricter regulations than are provided by proposed law including the prohibition of
kratom products.
Effective upon signature of governor or a lapse of time for gubernatorial action.
(Adds R.S. 26:941-946 )
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Change the placement of proposed law from Title 40 of the La. Revised Statutes
of 1950 to Title 26 of the La. Revised Statutes of 1950.
2. Clarify the distinction between a retailer and a processor as defined by proposed
law.
3. Remove all provisions related to the registration of kratom products with the
commissioner of the office of alcohol and tobacco control.
4. Remove penalties and fines for violations resulting from noncompliance with
proposed law.
5. Add a requirement that retailers must store and display kratom products in an
area not accessible to the public without assistance from the retailer.
6. Add a procedure that retailers must follow to verify the age of a purchaser prior
to completing a sale of a kratom products.
7. Add that the commissioner of the office of alcohol and tobacco control shall
study the feasibility of regulating kratom products, processors, and retailers and
report the results of the study no later than Feb. 1, 2024.
8. Clarify that local government entities may enact stricter regulations than provided
by proposed law or prohibit the sale of kratom products.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
reengrossed bill
1. Changes who will conduct the feasability study on the regulation of kratom from
the commissioner of the alcohol of tobacco control to the secretary of the La.
Dept. of Health.
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Prepared by Michelle D. Ridge.