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