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REFERENCE TITLE: kratom products; regulation |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2561 |
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Introduced by Representative Rivero
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AN ACT
Amending Title 36, chapter 6, Arizona Revised Statutes, by adding article 10; relating to public health.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 6, Arizona Revised Statutes, is amended by adding article 10, to read:
ARTICLE 10. KRATOM PRODUCTS
36-795. Definitions
In this article, unless the context otherwise requires:
1. "Dealer":
(a) Means a person that sells, prepares or maintains kratom products or that advertises, represents or holds itself out as selling, preparing or maintaining kratom products.
(b) Includes a manufacturer, wholesaler, store, restaurant, hotel, catering facility, camp, bakery, delicatessen, supermarket, grocery store, convenience store, nursing home or food or drink company.
2. "Department" means the department of health services.
3. "Director" means the director of the department or the director's designee.
4. "Food" means a food, food product, food ingredient, dietary ingredient, dietary supplement or beverage for human consumption.
5. "Kratom product" means a food product or dietary ingredient containing any part of the leaf of the plant mitragyna speciosa.
36-795.01. Kratom product disclosure; preparing, distributing, selling or exposing for sale without disclosure prohibited
A. A dealer that prepares, distributes, sells or exposes for sale a food that is represented to be a kratom product shall disclose on the product label the factual basis on which that representation is made.
B. A dealer may not prepare, distribute, sell or expose for sale a food represented to be a kratom product that does not conform to the disclosure required by this section.
36-795.02. Kratom product; adulteration; contamination; sales to minors prohibited
A. A dealer may not prepare, distribute, sell or expose for sale any of the following:
1. A kratom product that is adulterated with a dangerous nonkratom substance. A kratom product is adulterated with a dangerous nonkratom substance if the kratom product is mixed or packed with a nonkratom substance and that substance affects the quality 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 kratom product is contaminated with a dangerous nonkratom substance if the kratom product contains a poisonous or otherwise deleterious nonkratom substance, including any controlled substance prescribed by chapter 27 of this title.
3. A kratom product containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent 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.
5. Any kratom‑containing product that does not include on its package or label the amount of mitragynine and 7-hydroxymitragynine contained in the product.
B. A dealer may not distribute, sell or expose for sale a kratom product to an individual under eighteen years of age.
36-795.03. Civil penalties; violations; classifications
A. The director may impose a civil penalty of not more than $500 for the first offense and not more than $1,000 for the second or subsequent offense against a dealer that violates section 36‑795.01, subsection A. A dealer that is subject to a civil penalty under this subsection may request a hearing pursuant to title 41, chapter 6, article 10.
B. A dealer that violates section 36‑795.01, subsection B or 36‑795.02 is guilty of a class 2 misdemeanor.
C. A person aggrieved by a violation of section 36‑795.01, subsection B or section 36‑795.02, subsection A, in addition to and distinct from any other remedy at law or equity, may bring a private cause of action in a court of competent jurisdiction for damages resulting from that violation, including economic, noneconomic or consequential damages.
D. A dealer does not violate section 36‑795.01, subsection B or section 36‑795.02, subsection A if the court finds by a preponderance of the evidence that the dealer relied in good faith on the representation of a manufacturer, processor, packer or distributor that the food was a kratom product.
Sec. 2. Short title
This act may be cited and known as the "Kratom Consumer Protection Act".