Texas Senate Bill SB821

Texas 2021 - 87th Regular

Caption

Relating to the processing and sale of kratom and kratom products and related public health and safety protections; providing civil penalties; providing rulemaking authority.

Impact

One of the notable impacts of SB821 is the requirement for kratom products to be properly labeled with use directions and recommended serving sizes to facilitate safe consumption. The bill further prohibits the sale of kratom products that are adulterated, contaminated, or contain synthetic alkaloids, aligning with public health goals of protecting consumers from harmful substances. Additionally, the distribution of kratom products to individuals under the age of 18 is strictly forbidden, reflecting a protective measure intended to safeguard youth.

Summary

Senate Bill 821, known as the Texas Kratom Consumer Health and Safety Protection Act, addresses the processing and sale of kratom and kratom products, aiming to implement public health and safety protections regarding these substances. The bill establishes a regulatory framework that includes definitions of key terms such as 'kratom processor' and 'kratom retailer', which delineate the responsibilities for manufacturing, labeling, and selling kratom products. This legislation seeks to mitigate the potential risks associated with kratom consumption by ensuring that products sold to consumers meet specific health and safety standards.

Contention

Despite its consumer protection focus, SB821 may not be without controversy. Some stakeholders may argue that such regulations could overstep personal liberties or impose undue burdens on retailers. Critics might voice concerns about the potential challenges that smaller kratom businesses could face in complying with the new labeling and safety standards, particularly if they lack the resources to implement the required changes. Furthermore, the establishment of civil penalties for violations, which escalate with repeated offenses, marks a significant regulatory enforcement mechanism that some may view as a heavy-handed approach.