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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1639 By: Prieto
AS INTRODUCED
An Act relating to kratom products; ame nding 63 O.S.
2021, Section 1-1432.4, which relates to labeling
requirements; modifying and addin g labeling
requirements for kratom products; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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 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 streng th 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 dangerou s
nonkratom substance. A kratom product is contaminated with a
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dangerous nonkratom substance if the kratom product contains a
substance that is not safe for human consumption ;
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 containing 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 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 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 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 prohibited;
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;
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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 of and safe and effective use of the product, including
the recommended serving size, the number of servings in the
container, the number of servings that can be safely con sumed in a
day, and the time frame within which safe consumption should occur ;
and
7. Any precautionary statements as to the safety and
effectiveness of the product , including a warning that a consumer
should consult his or her physician on questions abou t use of kratom
and a statement 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 State s
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.
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 l abel.
SECTION 2. This act shall become effective November 1, 2024.
59-2-2988 DC 1/12/2024 5:48:14 PM