Bill Text: AZ HB2550 | 2019 | Fifty-fourth Legislature 1st Regular | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Regulation; kratom products

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2019-04-30 - Chapter 156 [HB2550 Detail]

Download: Arizona-2019-HB2550-Engrossed.html

 

 

 

Senate Engrossed House Bill

 

 

 

State of Arizona

House of Representatives

Fifty-fourth Legislature

First Regular Session

2019

 

 

 

HOUSE BILL 2550

 

 

 

AN ACT

 

amending title 36, chapter 6, Arizona Revised Statutes, by adding article 10; relating to public health and safety.

 

 

(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

START_STATUTE36-795.  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.  "Food" means a food, food product, food ingredient, dietary ingredient, dietary supplement or beverage for human consumption.

3.  "Kratom product" means a food product or dietary ingredient containing any part of the leaf of the plant mitragyna speciosa. END_STATUTE

START_STATUTE36-795.01.  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. END_STATUTE

START_STATUTE36-795.02.  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. END_STATUTE

START_STATUTE36-795.03.  Violations; classification

A.  A dealer that violates section 36‑795.01, subsection B or section 36‑795.02 is guilty of a class 2 misdemeanor.

B.  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.  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. END_STATUTE

Sec. 2.  Short title

This act may be cited and known as the "Kratom Consumer Protection Act".

feedback