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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3574 By: Pae of the House
and
Prieto of the Senate
AS INTRODUCED
An Act relating to public health and safety; amendin g
63 O.S. 2021, Section 1 -1432.4, which relates to the
Oklahoma Kratom Consumer Protecti on Act; requiring
additional information when labeling kratom products;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOM A:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -1432.4, is
amended to read as follows:
Section 1-1432.4 A. A vendor shall not prepare, distribute,
sell or expose for sale any of the f ollowing:
1. A kratom product that is adult erated with a nonkra tom
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 streng th of the
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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 dangerou s
nonkratom substance. A kratom product is contaminated with a
dangerous nonkratom substance if th e kratom product contains a
substance that is not safe for human c onsumption;
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 alkaloi d including
synthetic mitragynine, synthetic 7 -hydroxymitragynine or any other
synthetically derived compounds of the kratom plant; or
5. A kratom product containing any controlled substance listed
in the Uniform Controlled Dangerous Substances Act, unles s the
product is compounded by a licensed pharmacist with the controlled
substance dispensed in accordance wit h 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 websit e, 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 ingredient 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 prohi bited;
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3. The amount of mitragynine and 7-hydroxymitragynine contained
in the product;
4. The amount of mitragyni ne 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 distrib uting the product;
6. The suggested Clear and adequate directions for the
consumption and safe and effective use of the such product,
including the recommended serving size, the number of serving s in
the container, the num ber of servings that can be safe ly consumed in
a day, and the time frame within which safe consumption should
occur; and
7. Any precautionary state ments as to the safety and
effectiveness of the product , including a warning that a consumer
should consult his or her physician on questio ns about use of
kratom, and state that the kratom product is not intended to
"diagnose, treat, cure , or prevent any disease "; and
8. A statement that a kratom product label is prohibited from
making any therapeutic claims unless approved by the United States
Food and Drug Administration.
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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D. Upon request by the State Department 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 2. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
SUBSTANCES, dated 02/14/2024 - DO PASS, As Coauthored.