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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1784 By: Pae of the House
and
Paxton of the Senate
COMMITTEE SUBSTITUTE
An Act relating to public health and safety; creating
the Oklahoma Kratom Consumer Protection Act; defining
terms; requiring kratom vendors to disclose certain
information on product label; making certain acts
unlawful; providing penalties; authorizing aggrieved
person to bring cause of action under certain
circumstances; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2 -351 of Title 63, unless there
is created a duplication in numbering, reads as follows:
Sections 1 through 5 of this act shall be known and may be cited
as the "Oklahoma Kratom Consumer Protection Act".
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2 -352 of Title 63, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Food" means a food, food product, food ingredient, dietar y
ingredient, dietary supplement or beverage for human consumption;
2. "Kratom product" means a food product or ingredient
containing any part of the leaf of the plant Mitragyna speciosa; and
3. "Vendor" means a person that sells, prepares or maintains
kratom products or that advertises, represents or holds itself out
as selling, preparing or maintaining kratom products and includes a
manufacturer, wholesaler, store, restaurant, hotel, catering
facility, camp, bakery, delicatessen, supermarket, grocery st ore,
convenience store, nursing home or food or drink company.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2 -353 of Title 63, unless there
is created a duplication in numbering, reads a s follows:
A. A vendor that prepares, distributes, sells or exposes for
sale a food or ingredient that contains kratom as an ingredient or
that is represented to be a kratom product shall disclose on the
product label, or a quick response (QR) code on the product label
linked to a website, the factual basis on which that representation
is made.
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B. A vendor shall not prepare, distribute, sell or expose for
sale a food or ingredient that contains kratom as an ingredient or
that is represented to be a kratom product that does not conform to
the disclosure required by this section.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2 -354 of Title 63, unless there
is created a duplication in number ing, reads as follows:
A. A vendor shall not prepare, distribute, sell or expose for
sale any of the following:
1. A kratom product that is adulterated with a nonkratom
substance. A kratom product is adulterated with a nonkratom
substance if the kratom product is mixed or packed with a nonkratom
substance and that substance affects the quality or strength of the
kratom product to such a degree as to render the kratom product
injurious to a consumer;
2. A kratom product that is contaminated with a danger ous
nonkratom substance. A kratom product is contaminated with a
dangerous nonkratom substance if the kratom product contains a
poisonous or otherwise deleterious nonkratom substance, including
any controlled substance prescribed by the Uniform Controlled
Dangerous Substances Act;
3. A kratom product containing a level of 7 -hydroxymitragynine
in the alkaloid fraction that is greater than two percent (2%) of
the alkaloid composition of the product; and
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4. A kratom product containing any synthetic alkaloid including
synthetic mitragynine, synthetic 7 -hydroxymitragynine or any other
synthetically derived compounds of the kratom plant.
B. Kratom packaging shall be accompanied by a label, or a quick
response (QR) code on the product label linked to a website, bearing
the following information prior to its sale in this state:
1. A list of the ingredients;
2. That the sale or transfer of kratom to a person under
eighteen (18) years of age is prohibited;
3. The amount of mitragynine and 7 -hydroxymitragynine co ntained
in the product;
4. The amount of mitragynine and 7 -hydroxymitragynine contained
in the packaging for the product;
5. The common or usual name of each ingredient used in the
manufacture of the product listed in descending order of
predominance;
6. The name and the principal mailing address of the
manufacturer or the person responsible for distributing the product;
7. The suggested use of the product; and
8. Any precautionary statements as to the safety and
effectiveness of the product.
C. A vendor may not distribute, sell or expose for sale a
kratom product to an individual under eighteen (18) years of age.
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SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2 -355 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. A vendor who violates any of the provisions set forth in
Section 3 or 4 of this act shall, upon conviction, be guilty of a
misdemeanor punishable by imprisonment in a county jail for a ter m
of not more than one (1) year, or by a fine of not more than One
Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
B. A person aggrieved by a violation of Section 3 or 4 of this
act may bring a cause of action in a court of competent jurisdiction
for damages resulting from that violation including, but not limited
to, economic, noneconomic or consequential damages.
C. A vendor does not violate the provisions of Section 3 or 4
of this act if the court finds by a preponderance of the ev idence
that the vendor relied in good faith on the representation of a
manufacturer, processor, packager or distributor that the food
product or dietary ingredient was a kratom product.
SECTION 6. This act shall become effective November 1 , 2021.
COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
SUBSTANCES, dated 02/11/2021 - DO PASS, As Amended and Coauthored.