Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3762 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2	HOUSE DOCKET, NO. 1902 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3762
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Daniel J. Hunt
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act concerning the regulation of Kratom.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Daniel J. Hunt13th Suffolk1/18/2023 1 of 3
16	16	HOUSE DOCKET, NO. 1902 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3762
18	18	By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 3762) of Daniel
19	19	J. Hunt relative to establishing a penalty for the sale, preparation, manufacturing, or distribution
20	20	of kratom products that are contaminated with dangerous non-kratom substances. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act concerning the regulation of Kratom.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 270 of the General Laws is hereby amended by adding the
30	30	2following section:-
31	31	3 Section 30. (a) For the purposes of this section, the following words shall, unless the
32	32	4context clearly requires otherwise, have the following meanings:
33	33	5 "Food", a food, food product, food ingredient, dietary ingredient, dietary supplement or
34	34	6beverage for human consumption.
35	35	7 “Kratom extract”, a food product or dietary ingredient containing any part of the leaf of
36	36	8the plant Mitragyna speciosa that has been extracted or concentrated in order to provide more
37	37	9standardized product content. 2 of 3
38	38	10 "Kratom product", a food product or dietary ingredient containing any part of the leaf of
39	39	11the plant Mitragyna speciosa or an extract of it that is manufactured as a powder, capsule, tablet,
40	40	12beverage or other edible form.
41	41	13 "Processor", a person that sells, prepares, manufactures, distributes or maintains kratom
42	42	14products, or advertises, represents, or holds itself out as selling, preparing or maintaining kratom
43	43	15products.
44	44	16 “Retailer”, a person that sells, distributes, advertises, represents, or holds itself out as
45	45	17selling or maintaining kratom products.
46	46	18 (b) A processor shall not prepare, distribute, sell or expose for sale:
47	47	19 (i) a kratom product that is adulterated with a dangerous non-kratom substance. A kratom
48	48	20product is adulterated with a dangerous non-kratom substance if the kratom product is mixed or
49	49	21packed with a non-kratom substance and that substance affects the quality or strength of the
50	50	22kratom product to such a degree as to render the kratom product injurious to a consumer;
51	51	23 (ii) a kratom product that is contaminated with a dangerous non-kratom substance. A
52	52	24kratom product is contaminated with a dangerous non-kratom substance if the kratom product
53	53	25contains a poisonous or otherwise deleterious non-kratom ingredient, including, but not limited
54	54	26to, the substances listed in section 31 and analogues of those substances;
55	55	27 (iii) a kratom extract that contains levels of residual solvents higher than is allowed in
56	56	28USP-NF chapter 467, as published by the United States Pharmacopeia;
57	57	29 (iv) a kratom product containing a level of 7-hydroxymitragynine in the alkaloid fraction
58	58	30that is greater than 1 per cent of the overall alkaloid composition of the product; 3 of 3
59	59	31 (v) a kratom product containing any synthetic alkaloids including synthetic mitragynine,
60	60	32synthetic 7-hydroxymitragynine or any other synthetically-derived compounds of the kratom
61	61	33plant.
62	62	34 (vi) a kratom product that does not provide labeling directions necessary for safe use by
63	63	35consumers, including a recommended serving size, and the name and address of the
64	64	36manufacturer.
65	65	37 (c) A processor shall not distribute, sell or expose for sale a kratom product to an
66	66	38individual under 21 years of age.
67	67	39 (d) (1) A person who violates subsection (b) shall subject to an administrative fine of not
68	68	40more than $500 for the first offense and not more than $1,000 for subsequent offenses. Upon the
69	69	41request of a person to whom an administrative fine is issued, the department shall conduct a
70	70	42hearing in accordance with chapter 30A.
71	71	43 (2) A retailer does not violate subsection (b) if they can show by a preponderance of the
72	72	44evidence that the retailer relied in good faith upon the representations of a manufacturer,
73	73	45processor, packer or distributor of food represented to be a kratom product.
74	74	46 (e) A person who violates subsection (c) shall be punished by a fine of $1,000 for the first
75	75	47offense, $2,000 for a second offense and $5,000 for a third or subsequent offense.
76	76	48 SECTION 2. This act shall take effect 180 days following its passage.