Bill Text: MI HB5477 | 2021-2022 | 101st Legislature | Introduced


Bill Title: Food: other; sale of food items represented to be kratom products; regulate. Creates new act.

Spectrum: Strong Partisan Bill (Democrat 13-1)

Status: (Introduced) 2022-05-19 - Placed On Third Reading [HB5477 Detail]

Download: Michigan-2021-HB5477-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL NO. 5477

October 21, 2021, Introduced by Reps. Stone, Hertel, Kuppa, Steenland, Cherry, Brixie, Weiss, Haadsma, Lasinski, Brenda Carter, Allor, Aiyash, Hood and Sowerby and referred to the Committee on Regulatory Reform.

A bill to regulate the preparation, distribution, and sale of kratom products; to prohibit the preparation, distribution, and sale of adulterated or contaminated kratom products; to provide for the powers and duties of certain state governmental officers and entities; to prescribe fines and penalties; and to provide remedies.

the people of the state of michigan enact:

Sec. 1. This act may be cited as the "kratom consumer protection act".

Sec. 3. As used in this act:

(a) "Dealer" means a person that sells, prepares, distributes, or maintains kratom products, or advertises, represents, or holds itself out as selling, preparing, or maintaining kratom products. Dealer includes, but is not limited to, a manufacturer, wholesaler, store, restaurant, hotel, catering facility, camp, bakery, delicatessen, supermarket, grocery store, convenience store, nursing home, or food or drink company.

(b) "Department" means the department of agriculture and rural development.

(c) "Food" means that term as defined in section 1107 of the food law, 2000 PA 92, MCL 289.1107.

(d) "Kratom product" means a food that contains any part of the leaf of the plant Mitragyna speciosa.

Sec. 5. (1) A dealer that, in person or through an online website, sells, prepares, distributes, maintains, or offers for sale a food that is represented to be a kratom product shall disclose on the product label the factual basis upon which that representation is made.

(2) A dealer shall not in person or through an online website, sell, prepare, distribute, maintain, or offer for sale a food represented to be a kratom product that does not conform to the disclosure required under subsection (1).

(3) In addition to the disclosure requirements under subsection (1), the product label must contain all of the following:

(a) A precautionary statement as to the safety and effectiveness of the kratom product.

(b) In at least 12-point boldface type, all of the following statements:

(i) "Consumption of kratom can lead to a number of health impacts including, but not limited to, respiratory depression, nervousness, agitation, aggression, addiction, sleeplessness, hallucinations, delusion, tremors, loss of libido, constipation, skin hyperpigmentation, nausea, vomiting, and severe withdrawal signs and symptoms.".

(ii) "If kratom is used during pregnancy, infant development may be adversely affected and a baby may be born with symptoms of withdrawal that require treatment.".

(iii) "Pregnant women and those trying to conceive should be advised to stop taking kratom. There are safer, more effective ways to treat symptoms of pregnancy.".

(c) A list of all of the substances and the amount of each substance included in the kratom product.

Sec. 7. A dealer shall not in person or through an online website sell, prepare, distribute, maintain, or offer for sale any of the following:

(a) 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.

(b) 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 ingredient, including, but not limited to, any of the substances listed in section 7212 of the public health code, 1978 PA 368, MCL 333.7212.

(c) A kratom product that contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2% of the alkaloid composition of the product.

(d) A kratom product that contains a synthetic alkaloid, including, but not limited to, any of the following:

(i) Synthetic mitragynine.

(ii) Synthetic 7-hydroxymitragynine.

(iii) Any other synthetically derived compound of the plant Mitragyna speciosa.

(e) A kratom product that does not include on its package or label the amount of mitragynine and 7-hydroxymitragynine contained in the kratom product.

Sec. 9. A dealer shall not in person or through an online website distribute, sell, or expose for sale a kratom product to an individual under 21 years of age.

Sec. 11. (1) A dealer that violates section 5(1) is subject to an administrative fine of not more than $500.00 for the first offense and not more than $1,000.00 for a second or subsequent offense. Upon the request of the person to whom an administrative fine is issued, the department shall conduct a hearing in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(2) A dealer that violates section 5(2), 7, or 9 is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

(3) A person aggrieved by a violation of section 5(2) or 7 may, in addition to and distinct from any other remedy at law or equity, bring a private cause of action for damages resulting from that violation, including, but not limited to, economic, noneconomic, or consequential damages.

(4) A dealer does not violate section 5(2) or 7 if it is shown by a preponderance of the evidence that the dealer relied in good faith upon the representations of a manufacturer, processor, packer, or distributor of a food represented to be a kratom product.

Sec. 13. The department shall promulgate rules for the administration and enforcement of this act in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, including, but not limited to, the format, size, and placement of the disclosure label required under section 5(1) and the information that must be included in the disclosure.

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