H-8163

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

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BRADLEY of Jones