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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
kratom products; definitions
Purpose
Includes the processing and sale of kratom products in the Department of Health Services (DHS) pure food control regulations.
Background
A kratom product is a food product or dietary ingredient containing any part of the leaf of the plant mitragyna speciosa (A.R.S. § 36-795).
Consumption of kratom leaves produces both stimulant effects in low doses and sedative effects in high doses and can lead to psychotic symptoms as well as psychological and physiological dependence. Kratom leaves contain two major psychoactive ingredients, mitragynine and 7-hydroxymytragynine. The leaves are crushed and then smoked, brewed with tea or placed into gel capsules for consumption (U.S. DEA).
Prohibited acts under DHS pure food control regulations include: 1) the manufacture, sale, delivery, holding or offering for sale of any food that is known to be adulterated or misbranded; 2) the adulteration or misbranding of any food; 3) the dissemination of any false advertisement with respect to a food; 4) the giving of a guaranty or undertaking which is false; 5) the removal or disposal of a detained or embargoed food; 6) the intentional alteration, mutilation, destruction, obliteration or removal of the whole or any part of the food labeling, or the doing of any other act with respect to a food, and if such act is done while such food is held for sale and results in such food being adulterated or misbranded; and 7) forging, counterfeiting, simulating or falsely representing, or without proper authority, using any mark, stamp, tag, label or other identification device (A.R.S. § 36-902). A person who commits any of these prohibited acts is guilty of a class 2 misdemeanor. In the instance of a continuing violation, each day constitutes a separate offense (A.R.S. § 36-914).
Food means a food, food product, food ingredient, dietary ingredient, dietary supplement or beverage for human consumption. Dealer 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 (A.R.S. § 36-795).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions:
1. Includes the processing or sale of kratom products in DHS pure food control regulations.
2. Specifies that a kratom product is considered to be contaminated with a dangerous nonkratom substance if the kratom product contains any controlled substance classified by the Controlled Substances Act.
3. Replaces use of the term dealer with processor and expands the definition to include a person who manufactures, distributes or wholesales kratom products.
4. Defines retailer as a person that sells or distributes kratom products or that advertises, represents or holds itself out as selling or maintaining kratom products.
5. Modifies the definition of food to include articles used for food or drink for man or animals and chewing gum.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
House Action
GE 2/9/22 DP 9-1-3-0
3rd Read 2/17/22 38-20-2
Prepared by Senate Research
March 14, 2022
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