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ENGROSSED SENATE
BILL NO. 1639 By: Prieto and Bullard of the
Senate
and
Pae of the House
An Act relating to kratom products; amending 63 O.S.
2021, Section 1-1432.4, which relates to labeling
requirements; modifying and adding 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 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 qualit y 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 krato m 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 produc t;
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 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 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 mitragyn ine 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 distributing 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 consumed 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 about 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 States
Food and Drug Administratio n.
C. A vendor may not distribute, sell or expose for sal e 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 label.
SECTION 2. This act shall become effective November 1, 2024.
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Passed the Senate the 4th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives t he ____ day of __________,
2024.
Presiding Officer of the House
of Representatives