House
File
2133
H-8163
Amend
House
File
2133
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
Section
1.
NEW
SECTION
.
124F.1
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Attractive
to
children”
means
a
quality
of
a
product
7
that
is
any
of
the
following:
8
a.
Manufactured
in
the
shape
of
humans,
cartoons,
or
9
animals.
10
b.
Manufactured
in
a
form
that
bears
any
reasonable
11
resemblance
to
an
existing
candy
product
that
is
familiar
to
12
the
public
as
a
widely
distributed,
branded
food
product
such
13
that
a
product
could
be
mistaken
for
the
branded
product,
14
especially
by
children.
15
c.
Contains
any
color
additives
except
for
natural
color
16
additives.
17
2.
“Kratom
leaf”
means
the
leaf
of
the
kratom
plant,
18
Mitragyna
speciosa,
in
fresh
or
dehydrated
form,
and
subjected
19
to
no
postharvest
processing
other
than
drying
or
size
20
reduction,
and
to
cleaning
or
sterilization
through
application
21
of
heat,
steam,
pressurization,
irradiation,
or
other
standard
22
treatments
applied
to
food
ingredients.
23
3.
“Kratom
extract”
means
a
substance
or
compound
24
obtained
by
extraction
of
the
kratom
leaf
that
is
intended
25
for
ingestion,
contains
more
than
trace
amounts
of
Mitragyna
26
speciosa,
and
does
not
contain
any
controlled
substances
or
27
levels
of
residual
solvents
higher
than
is
allowed
in
the
28
United
States
pharmacopeia
as
publish
by
the
United
States
29
pharmacopeial
convention.
30
4.
“Kratom
product”
means
a
food
or
dietary
supplement
that
31
meets
all
of
the
following
conditions:
32
a.
Consists
of
or
contains
kratom
leaf
or
kratom
leaf
33
extract.
34
b.
Does
not
contain
any
synthesized
kratom
alkaloids
35
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3
#1.
or
other
synthesized
kratom
constituents,
or
synthesized
1
metabolites
of
any
kratom
constituent.
2
c.
Does
not
contain
a
level
of
7-hydroxymitragynine
3
concentrated
at
a
level
above
four
hundred
parts
per
million
4
on
a
dry-weight
basis.
5
5.
“Processor”
means
a
person
that
manufactures,
packages,
6
labels,
or
distributes
kratom
products
or
advertises,
7
represents,
or
holds
itself
out
as
manufacturing,
preparing,
8
packaging,
or
labeling
kratom
products.
9
6.
“Synthesized
alkaloids”
means
alkaloids
that
have
10
undergone
directed
physical,
chemical,
or
biosynthetic
11
processes
that
result
in
changes
to
the
substance’s
chemical
12
composition.
13
Sec.
2.
NEW
SECTION
.
124F.2
Restrictions.
14
1.
A
person
shall
not
sell,
offer
for
sale,
provide,
or
15
distribute
kratom
leaf
or
a
kratom
product
to
a
person
under
16
twenty-one
years
of
age.
17
2.
An
online
retailer
or
marketplace
of
kratom
leaf
or
a
18
kratom
product
shall
implement
an
age-verification
system
to
19
ensure
compliance
with
subsection
1.
20
3.
An
individual,
business,
or
other
entity
shall
21
not
produce,
sell,
or
distribute
a
kratom
product
that
is
22
attractive
to
children.
23
Sec.
3.
NEW
SECTION
.
124F.3
Penalties.
24
1.
The
department
of
health
and
human
services
may
assess
25
against
a
retailer
or
processor
found
to
be
in
violation
of
26
section
124F.2
a
civil
penalty
of
up
to
one
thousand
dollars
27
for
the
first
offense
and
up
to
five
thousand
dollars
for
a
28
second
offense.
29
2.
A
retailer
or
processor
committing
a
third
or
subsequent
30
violation
shall
be
assessed
a
civil
penalty
of
at
least
five
31
thousand
dollars
but
not
more
than
twenty
thousand
dollars
and
32
shall
be
prohibited
from
selling
kratom
products
for
up
to
33
three
years.
34
3.
A
retailer
does
not
violate
section
124F.2
if
it
is
shown
35
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3
by
a
preponderance
of
the
evidence
that
the
retailer
relied
1
in
good
faith
upon
the
representation
of
the
manufacturer,
2
processor,
packer,
or
distributor
of
food
represented
to
be
a
3
kratom
product.
>
4
2.
Title
page,
by
striking
lines
1
and
2
and
inserting
5
<
An
Act
regulating
the
sale,
production,
and
distribution
of
6
kratom,
and
providing
penalties.
>
7
______________________________
BRADLEY
of
Jones
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HF
2133.3245
(2)
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as/js
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3
#2.