Bill Text: TX HB1097 | 2021-2022 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the processing and sale of kratom and kratom products; providing civil penalties; creating a criminal offense.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2021-05-26 - Removed from local & uncontested calendar [HB1097 Detail]
Download: Texas-2021-HB1097-Engrossed.html
Bill Title: Relating to the processing and sale of kratom and kratom products; providing civil penalties; creating a criminal offense.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2021-05-26 - Removed from local & uncontested calendar [HB1097 Detail]
Download: Texas-2021-HB1097-Engrossed.html
87R19639 KKR-F | ||
By: Lozano | H.B. No. 1097 |
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relating to the processing and sale of kratom and kratom products; | ||
providing civil penalties; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act shall be known as the Texas Kratom | ||
Consumer Health and Safety Protection Act. | ||
SECTION 2. Subtitle A, Title 6, Health and Safety Code, is | ||
amended by adding Chapter 444 to read as follows: | ||
CHAPTER 444. MANUFACTURE, DISTRIBUTION, AND SALE OF | ||
KRATOM PRODUCTS | ||
Sec. 444.001. DEFINITIONS. In this chapter: | ||
(1) "Food" has the meaning assigned by Section | ||
431.002. | ||
(2) "Kratom" means any part of the leaf of the plant | ||
Mitragyna speciosa. | ||
(3) "Kratom processor" means a person who: | ||
(A) manufactures, prepares, distributes, or | ||
maintains kratom products for sale; | ||
(B) advertises, represents, or holds oneself out | ||
as a seller, preparer, or manufacturer of kratom products; | ||
(C) is responsible for ensuring the purity and | ||
proper labeling of kratom products; or | ||
(D) packages or labels kratom products. | ||
(4) "Kratom product" means a food, including an | ||
extract, capsule, or pill, containing any form of kratom. | ||
(5) "Kratom retailer" means a kratom processor who | ||
engages in selling kratom products to consumers or who advertises, | ||
represents, or holds oneself out as a person who sells kratom | ||
products to consumers. | ||
Sec. 444.002. LABELING REQUIRED. (a) A kratom processor | ||
shall label each kratom product with the product use directions | ||
necessary to ensure safe and effective use of the product by a | ||
consumer, including the recommended serving size for the product. | ||
(b) A kratom retailer may not sell a kratom product that is | ||
not properly labeled under this section. | ||
Sec. 444.003. ADULTERATED, CONTAMINATED, AND PROHIBITED | ||
PRODUCTS. A kratom processor or kratom retailer may not prepare, | ||
distribute, sell, or offer to sell a kratom product that: | ||
(1) is adulterated with a dangerous non-kratom | ||
substance affecting the quality or strength of the product to a | ||
degree that renders the product injurious to a consumer; | ||
(2) is contaminated with a poisonous or otherwise | ||
deleterious non-kratom substance, including any substance | ||
designated as a controlled substance by Chapter 481 (Texas | ||
Controlled Substances Act); | ||
(3) has a level of 7-hydroxymitragynine in the | ||
alkaloid fraction that is greater than two percent of the overall | ||
alkaloid composition of the product; or | ||
(4) contains any synthetic alkaloids, including | ||
synthetic 7-hydroxymitragynine and synthetically derived compounds | ||
from a kratom plant. | ||
Sec. 444.004. OFFENSE FOR DISTRIBUTION OR SALE OF KRATOM | ||
PRODUCT TO MINOR. (a) A person commits an offense if the person | ||
distributes, sells, or exposes for sale a kratom product to someone | ||
who is younger than 18 years of age. | ||
(b) An offense under this section is a Class C misdemeanor. | ||
Sec. 444.005. CIVIL PENALTY. (a) A person who violates | ||
this chapter is subject to a civil penalty in the amount of: | ||
(1) $250 for the first violation; | ||
(2) $500 for the second violation; and | ||
(3) $1,000 for each subsequent violation. | ||
(b) Each day a violation continues or occurs is a separate | ||
violation for purposes of imposing a penalty under this section. | ||
(c) A kratom retailer is not liable for a civil penalty | ||
under this section for a violation of Section 444.002 or 444.003 if | ||
the kratom retailer proves by a preponderance of the evidence that | ||
the violation was unintentional and due to the kratom retailer's | ||
good faith reliance on the representation of another kratom | ||
processor. | ||
(d) The attorney general, the district or county attorney | ||
for the county, or the municipal attorney of the municipality in | ||
which the violation is alleged to have occurred may bring an action | ||
to recover a civil penalty under this section. | ||
Sec. 444.006. PENALTIES UNDER OTHER LAW. The penalties | ||
prescribed by this chapter are in addition to any other penalties | ||
prescribed by law, including penalties prescribed by Chapters 431 | ||
and 481. | ||
Sec. 444.007. RULES. The executive commissioner may adopt | ||
rules consistent with this chapter as necessary to ensure the safe | ||
consumption and distribution of kratom and kratom products. | ||
SECTION 3. This Act takes effect September 1, 2021. |