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ENGROSSED HOUSE
BILL NO. 1784 By: Pae of the House
and
Paxton of the Senate
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 TH E 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 ac t shall be known and may be cited
as the "Oklahoma Kratom Consumer Protection Act".
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, dietary
ingredient, dietary supplement or beverage for human consumption;
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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 store,
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 as 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.
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 numbering, reads as follows:
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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 degr ee as to render the kratom product
injurious to a consumer;
2. A kratom product that is contaminated with a dangerous
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
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;
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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 contained
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 us e 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.
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 term
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.
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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 evidence
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.
Passed the House of Representatives the 1st day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate