Bill Text: TX SB821 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the processing and sale of kratom and kratom products and related public health and safety protections; providing civil penalties; providing rulemaking authority.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2021-03-11 - Referred to Health & Human Services [SB821 Detail]
Download: Texas-2021-SB821-Introduced.html
| By: Zaffirini | S.B. No. 821 | |
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| relating to the processing and sale of kratom and kratom products | ||
| and related public health and safety protections; providing civil | ||
| penalties; providing rulemaking authority. | ||
| 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) "Department" means the Department of State Health | ||
| Services. | ||
| (2) "Food" has the meaning assigned by Section | ||
| 432.003. | ||
| (3) "Kratom" means any part of the leaf of the plant | ||
| Mitragyna speciosa. | ||
| (4) "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. | ||
| (5) "Kratom product" means a food, including an | ||
| extract, capsule, or pill, containing any form of kratom. | ||
| (6) "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. DISTRIBUTION AND SALE OF KRATOM PRODUCTS TO | ||
| MINORS PROHIBITED. A person may not distribute, sell, or expose for | ||
| sale a kratom product to someone who is younger than 18 years of | ||
| age. | ||
| 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. RULES. The department may adopt rules | ||
| consistent with this chapter as necessary to ensure the safe | ||
| consumption and distribution of kratom. | ||
| SECTION 2. This Act takes effect September 1, 2021. | ||
