| 1 | 1 | | S.B. No. 497 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the processing and sale of kratom and kratom products; |
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| 6 | 6 | | providing civil penalties; creating a criminal offense. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. This Act shall be known as the Texas Kratom |
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| 9 | 9 | | Consumer Health and Safety Protection Act. |
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| 10 | 10 | | SECTION 2. Subtitle A, Title 6, Health and Safety Code, is |
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| 11 | 11 | | amended by adding Chapter 444 to read as follows: |
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| 12 | 12 | | CHAPTER 444. MANUFACTURE, DISTRIBUTION, AND SALE OF |
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| 13 | 13 | | KRATOM PRODUCTS |
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| 14 | 14 | | Sec. 444.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Food" has the meaning assigned by Section |
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| 16 | 16 | | 431.002. |
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| 17 | 17 | | (2) "Kratom" means any part of the leaf of the plant |
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| 18 | 18 | | Mitragyna speciosa. |
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| 19 | 19 | | (3) "Kratom processor" means a person who: |
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| 20 | 20 | | (A) manufactures, prepares, distributes, or |
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| 21 | 21 | | maintains kratom products for sale; |
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| 22 | 22 | | (B) advertises, represents, or holds oneself out |
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| 23 | 23 | | as a manufacturer, preparer, or seller of kratom products; |
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| 24 | 24 | | (C) is responsible for ensuring the purity and |
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| 25 | 25 | | proper labeling of kratom products; or |
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| 26 | 26 | | (D) packages or labels kratom products. |
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| 27 | 27 | | (4) "Kratom product" means a food, including an |
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| 28 | 28 | | extract, capsule, or pill, containing any form of kratom. |
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| 29 | 29 | | (5) "Kratom retailer" means a kratom processor who |
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| 30 | 30 | | sells kratom products to consumers or who advertises, represents, |
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| 31 | 31 | | or holds oneself out as a person who sells kratom products to |
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| 32 | 32 | | consumers. |
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| 33 | 33 | | Sec. 444.002. LABEL REQUIRED. (a) A kratom processor shall |
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| 34 | 34 | | label each kratom product with the product use directions necessary |
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| 35 | 35 | | to ensure safe use of the product by a consumer, including the |
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| 36 | 36 | | recommended serving size for the product. |
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| 37 | 37 | | (b) A kratom retailer may only sell a kratom product that is |
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| 38 | 38 | | properly labeled in accordance with this section. |
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| 39 | 39 | | Sec. 444.003. ADULTERATED, CONTAMINATED, AND PROHIBITED |
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| 40 | 40 | | KRATOM PRODUCTS. A kratom processor or kratom retailer may not |
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| 41 | 41 | | prepare, distribute, sell, or offer to sell a kratom product that: |
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| 42 | 42 | | (1) is adulterated with a dangerous non-kratom |
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| 43 | 43 | | substance affecting the quality or strength of the product to a |
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| 44 | 44 | | degree that renders the product injurious to a consumer; |
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| 45 | 45 | | (2) is contaminated with a poisonous or otherwise |
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| 46 | 46 | | deleterious non-kratom substance, including any substance |
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| 47 | 47 | | designated as a controlled substance by Chapter 481 (Texas |
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| 48 | 48 | | Controlled Substances Act); |
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| 49 | 49 | | (3) contains a level of 7-hydroxymitragynine in the |
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| 50 | 50 | | alkaloid fraction that is greater than two percent of the overall |
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| 51 | 51 | | alkaloid composition of the product; or |
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| 52 | 52 | | (4) contains any synthetic alkaloids, including |
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| 53 | 53 | | synthetic 7-hydroxymitragynine and synthetically derived compounds |
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| 54 | 54 | | from a kratom plant. |
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| 55 | 55 | | Sec. 444.004. OFFENSE FOR DISTRIBUTION OR SALE OF KRATOM |
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| 56 | 56 | | PRODUCT TO MINOR. (a) A person commits an offense if the person |
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| 57 | 57 | | distributes, sells, or exposes for sale a kratom product to an |
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| 58 | 58 | | individual younger than 18 years of age. |
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| 59 | 59 | | (b) An offense under this section is a Class C misdemeanor. |
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| 60 | 60 | | Sec. 444.005. CIVIL PENALTY. (a) A person who violates |
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| 61 | 61 | | this chapter is subject to a civil penalty in the amount of: |
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| 62 | 62 | | (1) $250 for the first violation; |
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| 63 | 63 | | (2) $500 for the second violation; and |
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| 64 | 64 | | (3) $1,000 for each subsequent violation. |
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| 65 | 65 | | (b) Each day a violation continues or occurs is a separate |
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| 66 | 66 | | violation for purposes of imposing a penalty under this section. |
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| 67 | 67 | | (c) A kratom retailer is not liable for a civil penalty |
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| 68 | 68 | | under this section for a violation of Section 444.002 or 444.003 if |
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| 69 | 69 | | the kratom retailer proves by a preponderance of the evidence that |
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| 70 | 70 | | the violation was unintentional and due to the kratom retailer's |
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| 71 | 71 | | good faith reliance on the representation of another kratom |
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| 72 | 72 | | processor. |
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| 73 | 73 | | (d) The attorney general or the district or county attorney |
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| 74 | 74 | | for the county or municipal attorney for the municipality in which |
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| 75 | 75 | | the violation is alleged to have occurred may bring an action to |
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| 76 | 76 | | recover a civil penalty under this section. |
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| 77 | 77 | | Sec. 444.006. PENALTIES UNDER OTHER LAW. The penalties |
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| 78 | 78 | | prescribed by this chapter are in addition to any other penalties |
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| 79 | 79 | | prescribed by law, including penalties prescribed by Chapters 431 |
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| 80 | 80 | | and 481. |
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| 81 | 81 | | Sec. 444.007. RULES. The executive commissioner may adopt |
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| 82 | 82 | | rules consistent with this chapter as necessary to ensure the safe |
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| 83 | 83 | | consumption and distribution of kratom and kratom products. |
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| 84 | 84 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 85 | 85 | | ______________________________ ______________________________ |
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| 86 | 86 | | President of the Senate Speaker of the House |
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| 87 | 87 | | I hereby certify that S.B. No. 497 passed the Senate on |
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| 88 | 88 | | March 16, 2023, by the following vote: Yeas 28, Nays 2. |
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| 89 | 89 | | ______________________________ |
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| 90 | 90 | | Secretary of the Senate |
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| 91 | 91 | | I hereby certify that S.B. No. 497 passed the House on |
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| 92 | 92 | | April 21, 2023, by the following vote: Yeas 125, Nays 14, two |
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| 93 | 93 | | present not voting. |
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| 94 | 94 | | ______________________________ |
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| 95 | 95 | | Chief Clerk of the House |
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| 96 | 96 | | Approved: |
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| 97 | 97 | | ______________________________ |
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| 98 | 98 | | Date |
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| 99 | 99 | | ______________________________ |
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| 100 | 100 | | Governor |
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