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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
CONFERENCE COMMITTEE
SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 1784 By: Pae of the House
and
Paxton of the Senate
CONFERENCE 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; prohibiting kratom
vendors from certain activities if disclosure
requirement is not met; prohibiti ng kratom vendors
from preparing, distributing or selling kratom
products under certain circumstances; stating label
requirements for kratom products; prohibiting kratom
vendors from distributing or selling kratom products
to minors; requiring vendors to p rovide test results;
providing administrative penalties for certain
violations; authorizing aggrieved person to bring
cause of action under certain circumstances; making
certain declaration upon a specific finding by the
court; providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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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 d uplication 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 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 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 consumpti on;
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 ou t
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 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 product that contains kratom as an ingredient or that
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is represented to be a kratom product shall disclose on the product
label, website, or a quick response (QR) code on the product label
linked to a website, the factual basis o n 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 requir ed 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 prepar e, 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 contam inated with a
dangerous nonkratom substance if the kratom product contains a
substance that is not safe for human consumption;
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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;
4. A kratom product containing any synthetic alkaloid including
synthetic mitragynine, synthetic 7 -hydroxymitragynine or any other
synthetically derived compounds of the kratom plant; or
5. A kratom product cont aining any controlled substance listed
in the Uniform Controlled Dangerous Substances Act, unless the
product is compounded by a licensed pharmacist with the controlled
substance dispensed in accordance with a valid prescription.
B. Kratom products 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 which shall include the common or
usual name of each ingredi ent used in the manufacture of the
product, listed in descending order of predominance;
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 packaging for the product;
5. The name and the principal street address of the vendor or
the person responsible for distributing the product;
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6. The suggested use of the pro duct; and
7. 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.
D. Upon request by the State Departm ent of Health, the vendor
shall provide test results from a United States -based testing
facility to confirm the items listed on the product label.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Se ction 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 be punished by an
administrative penalty of not mo re than Five Hundred Dollars
($500.00) for a first offense and not more than One Thousand Dollars
($1,000.00) for a second offense. Upon a third offense, the vendor
shall be prohibited from selling kratom products for a period of
three (3) years. If the State Department of Health receives a
complaint that the owner or manager of a vendor is selling kratom
products during the period of suspension, then the State Department
of Health shall forward the information to the applicable district
attorney's office. If the owner or manager of a vendor commits such
violation during the three -year period, the person shall, upon
conviction, be guilty of a misdemeanor punishable by imprisonment in
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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 Section 3 or 4 of this
act may bring a cause of action in a court of competent jurisdiction
for damages resulting from that viol ation 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 th e 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.
58-1-8238 GRS 05/05/21