Bill Text: IL SB3357 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Creates the Kratom Consumer Protection Act. Requires dealers of kratom products to disclose specified information. Provides that dealers shall not prepare, distribute, sell, or expose for sale: kratom products or kratom-containing products that meet specified criteria; or any kratom product to an individual who is under 18 years of age. Provides penalties and establishes a private cause of action for violations of the Act. Provides that the Department of Public Health shall adopt rules for the administration and enforcement of the Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-04-12 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB3357 Detail]

Download: Illinois-2019-SB3357-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3357

Introduced 2/11/2020, by Sen. Elgie R. Sims, Jr.

SYNOPSIS AS INTRODUCED:
New Act

Creates the Kratom Consumer Protection Act. Requires dealers of kratom products to disclose specified information. Provides that dealers shall not prepare, distribute, sell, or expose for sale: kratom products or kratom-containing products that meet specified criteria; or any kratom product to an individual who is under 18 years of age. Provides penalties and establishes a private cause of action for violations of the Act. Provides that the Department of Public Health shall adopt rules for the administration and enforcement of the Act.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning health.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the Kratom
5Consumer Protection Act.
6 Section 5. Definitions.In this Act:
7 "Dealer" means a person that sells, prepares, or maintains
8kratom products, or advertises, represents, or holds himself or
9herself out as selling, preparing, or maintaining kratom
10products. "Dealer" includes, but is not limited to, a
11manufacturer, wholesaler, store, restaurant, hotel, catering
12facility, camp, bakery, delicatessen, supermarket, grocery
13store, convenience store, nursing home, or food or drink
14company.
15 "Department" means the Department of Public Health.
16 "Director" means the Director of Public Health or his or
17her designee.
18 "Food" means a food, food product, food ingredient, dietary
19ingredient, dietary supplement, or beverage for human
20consumption.
21 "Kratom product" means a food product or dietary ingredient
22containing any part of the leaf of the plant Mitragyna
23speciosa. "Kratom product" includes product formulations,

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1including powders, capsules, extracts, and tinctures. All
2"kratom products" are foods.
3 Section 10. Dealer disclosure.
4 (a) A dealer that prepares, distributes, sells, or exposes
5for sale a food that is represented to be a kratom product
6shall disclose on the product label the factual basis upon
7which that representation is made.
8 (b) A dealer shall not prepare, distribute, sell, or expose
9for sale a food represented to be a kratom product that does
10not conform to the disclosure required under subsection (a).
11 Section 15. Prohibitions. A dealer shall not prepare,
12distribute, sell, or expose for sale any of the following:
13 (1) A kratom product that is adulterated with a
14 dangerous non-kratom substance. A kratom product is
15 adulterated with a dangerous non-kratom substance if the
16 kratom product is mixed or packed with a non-kratom
17 substance and that substance affects the quality or
18 strength of the kratom product to such a degree as to
19 render the kratom product injurious to a consumer.
20 (2) A kratom product that is contaminated with a
21 dangerous non-kratom substance. A kratom product is
22 contaminated with a dangerous non-kratom substance if the
23 kratom product contains a poisonous or otherwise
24 deleterious non-kratom ingredient, including, but not

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1 limited to, controlled substances as defined in Section 102
2 of the Illinois Controlled Substances Act.
3 (3) A kratom product containing a level of
4 7-hydroxymitragynine in the alkaloid fraction that is
5 greater than 2% of the total alkaloid composition of the
6 kratom product.
7 (4) A kratom product containing any synthetic
8 alkaloids of the kratom plant, including synthetic
9 mitragynine, synthetic 7-hydroxymitragynine, or any other
10 synthetically-derived compounds of the kratom plant.
11 (5) A kratom-containing product that does not include
12 on its package or label a certification that the product
13 does not contain alkaloids that exceed the proportion of
14 the alkaloids that occur in the natural plant and that does
15 not provide adequate labeling directions necessary for
16 safe and effective use by consumers.
17 Section 20. Distribution to individuals under 18. A dealer
18shall not distribute, sell, or expose for sale a kratom product
19to an individual who is under 18 years of age.
20 Section 25. Violations.
21 (a) A dealer that violates subsection (a) of Section 10 is
22subject to an administrative fine of not more than $500 for the
23first offense and not more than $1,000 for the second or
24subsequent offense. Upon the request of a person to whom an

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1administrative fine is issued, the Director shall conduct a
2hearing in accordance with the Illinois Administrative
3Procedure Act.
4 (b) A dealer that violates subsection (b) of Section 10 or
5any provision of Section 15 or 20 is guilty of a Class B
6misdemeanor for which imprisonment for not more than 90 days, a
7fine of not more than $500, or both, may be imposed.
8 (c) A person aggrieved by a violation of subsection (b) of
9Section 10 or of Section 15 may, in addition to and distinct
10from any other remedy at law or equity, bring a private cause
11of action in a competent court of jurisdiction for damages
12resulting from that violation, including, but not limited to,
13economic, noneconomic, or consequential damages.
14 (d) A dealer does not violate either subsection (b) of
15Section 10 or Section 15 if it is shown by a preponderance of
16the evidence that the dealer relied in good faith upon the
17representations of a manufacturer, processor, packer, or
18distributor of food represented to be a kratom product.
19 Section 30. Rules. The Department shall adopt rules for the
20administration and enforcement of this Act, including, but not
21limited to, the format, size, and placement of the disclosure
22label required under subsection (a) of Section 10 and the
23information that must be included in the disclosure.
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