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House Engrossed
kratom products; definitions |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HOUSE BILL 2601 |
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An Act
amending sections 36-795, 36-795.01, 36-795.02 and 36-795.o3, Arizona Revised Statutes; relating to kratom products.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-795, Arizona Revised Statutes, is amended to read:
36-795. Definitions
In this article, unless the context otherwise requires:
2. 1. "Food" means a food as defined in section 36-901, food product, food ingredient, dietary ingredient, dietary supplement or beverage for human consumption.
3. 2. "Kratom product" means a food product or dietary ingredient containing any part of the leaf of the plant mitragyna speciosa.
1. "Dealer":
(a) 3. "Processor" means a person that sells, prepares, manufactures, distributes, wholesales 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.
4. "Retailer" means a person that sells or distributes kratom products or that advertises, represents or holds itself out as selling or maintaining kratom products.
Sec. 2. Section 36-795.01, Arizona Revised Statutes, is amended to read:
36-795.01. Kratom product disclosure; preparing, distributing, selling or exposing for sale without disclosure prohibited
A. A dealer a processor or retailer 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 processor or retailer 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.
Sec. 3. Section 36-795.02, Arizona Revised Statutes, is amended to read:
36-795.02. Kratom products; adulteration; contamination; sales to minors prohibited
A. A dealer processor or retailer 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 or rules adopted pursuant to 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 processor or retailer may not distribute, sell or expose for sale a kratom product to an individual who is under eighteen years of age.
Sec. 4. Section 36-795.03, Arizona Revised Statutes, is amended to read:
36-795.03. Enforcement; violations; classification
A. In addition to the violations and remedies specified in this section, violations and enforcement of this article are governed by chapter 8 of this title.
A. B. A dealer processor or retailer that violates section 36-795.01, subsection B or section 36-795.02 is guilty of a class 2 misdemeanor.
B. C. In addition to and distinct from any other remedy at law or equity, a person aggrieved by a violation of section 36-795.01, subsection B or section 36-795.02, subsection A 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.
C. D. A dealer processor or retailer 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 processor or retailer relied in good faith on the representation of a manufacturer, processor, packer or distributor that the food was a kratom product.