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ENGROSSED SENATE AMENDMENT
TO
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.
AMENDMENT NO. 1. Page 1, strike the title, the enacting clause and
entire bill and insert
“[ public health and safety - Oklahoma Kratom
Consumer Protection Act - information on product
label - codification - 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 1 -1432.1 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 1 -1432.2 of Title 63, unless
there is created a duplic ation 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;
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 co dified
in the Oklahoma Statutes as Section 1 -1432.3 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 ingred ient 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, distribu te, 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 1 -1432.4 of Title 63, unless
there is created a duplication in numbering, 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 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 listed in the Uniform Controlled Dangerous
Substances Act;
3. A kratom product containing a level of 7 -hydroxymitragynine
in the alkaloid fraction that is greater th an 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 kr atom 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 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 1 -1432.5 of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. The owner or manager of a vendor who violates any of the
provisions of Section 3 or 4 of this act shall, upon conviction, be
guilty of a misdemeanor punishable by a fine of not more than Five
Hundred Dollars ($500.00) for a first offense and a fine of not more
than One Thousand Dollars ($1,000.00) for a second offense . Upon
conviction for a third offense, the vendor shall be prohibited from
selling kratom products for a period of three (3) years. The owner
or manager of a vendor who sells kratom products during the period
of suspension shall, upon conviction, be guil ty 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 Two Thousand
Dollars ($2,000.00), or by both such fine and imprisonment.
B. A person aggrieved by a violation of Sectio n 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 S ection 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 produc t.
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SECTION 6. This act shall become effective November 1, 2021. ”
Passed the Senate the 22nd day of April, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives
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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 dat e.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 7. 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".
SECTION 8. 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 maintainin g 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 9. 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 th at 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 10. 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 stren gth 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 dangerous
nonkratom substance. A kratom product is contaminated with a
dangerous nonkratom substance if th e 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 c ompounds 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 distri buting 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.
SECTION 11. 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 b y 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, packa ger or distributor that the food
product or dietary ingredient was a kratom product.
SECTION 12. This act shall become effective November 1, 2021.
Passed the House of Representatives the 1st day of March, 2021.
Presiding Officer of th e House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate