2021 -- H 5909

========

LC001658

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO FOOD AND DRUGS -- KRATOM CONSUMER PROTECTION ACT

     Introduced By: Representatives Kennedy, Diaz, and Edwards

     Date Introduced: February 24, 2021

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 21 of the General Laws entitled "FOOD AND DRUGS" is hereby

amended by adding thereto the following chapter:

CHAPTER 28.11

KRATOM CONSUMER PROTECTION ACT

     21-28.11-1. Short title.

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

     21-28.11-2. Definitions.

     As used in this chapter:

     (1) "Director" means the director of the department of health.

     (2) "Food" means a food, food product, food ingredient, dietary ingredient, dietary

supplement, or beverage for human consumption.

     (3) “Kratom extract” means a food product or dietary ingredient containing any part of the

leaf of the plant Mitragyna speciosa that has been extracted and concentrated in order to provide

more standardized dosing

     (4) "Kratom product" means a food product or dietary ingredient containing any part of the

leaf of the plant Mitragyna speciosa or an extract of it; is manufactured as a powder, capsule, pill,

beverage, or other edible form; and all kratom products are foods.

     (5) Processor" means a person that sells, prepares, manufactures, distributes, or maintains

kratom products, or advertises, represents, or holds itself out as selling, preparing, or maintaining

kratom products.

     (6) “Retailer” means any person that sells, distributes, advertises, represents, or holds itself

out as selling or maintaining kratom products.

     21-28.11-3. Kratom product limitations.

     A processor shall not prepare, distribute, sell, or expose for sale any of the following:

     (1) A kratom product that is adulterated with a dangerous non-kratom substance. A kratom

product is adulterated with a dangerous non-kratom substance if the kratom product is mixed or

packed with a non-kratom 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 non-kratom substance. A

kratom product is contaminated with a dangerous non-kratom substance if the kratom product

contains a poisonous or otherwise deleterious non-kratom ingredient, including, but not limited to,

the substances listed § 21-28-2.08.

     (3) A Kratom extract that contains levels of residual solvents higher than is allowed in USP

467.

     (4) A kratom product containing a level of 7-hydroxymitragynine in the alkaloid fraction

that is greater than two percent (2%) of the overall alkaloid composition of the product.

     (5) A kratom product containing any synthetic alkaloids including synthetic mitragynine,

synthetic 7-hydroxymitragynine, or any other synthetically derived compounds of the kratom plant.

     (6) That does not provide adequate labeling directions necessary for safe and effective use

by consumers, including a recommended serving size.

     21-28.11-4. Age Limits.

     A processor shall not distribute, sell, or expose for sale a kratom product to an individual

under eighteen (18) years of age.

     21-28.11-5. Violations.

     (a) A processor that violates § 21-28.11-3 is subject to an administrative fine of not more

than five hundred dollars ($500) for the first offense and not more than one thousand dollars

($1,000) for a second or subsequent offense. Upon the request of a person to whom an

administrative fine is issued, the director shall conduct a hearing in accordance with the procedures

as set forth in chapter 35 of title 42 (the "administrative procedures act").

     (b) A retailer does not violate § 21-28.11-3 if it is shown by a preponderance of the

evidence that the retailer relied in good faith upon the representations of a manufacturer, processor,

packer, or distributor of food represented to be a kratom product.

     21-28.11-6. Financial transactions.

LC001658 - Page 2 of 4

     No financial institution, service, or entity including, but not limited to, a bank, credit union,

credit card network, or credit card processing company shall refuse or terminate service to a dealer

because the dealer engages in the preparation, distribution, or sale of kratom products. If a financial

institution, service, or entity refuses or terminates service to a dealer because the dealer engages in

the preparation, distribution, or sale of kratom products, the financial institution, service, or entity

shall reestablish or accept service with the dealer upon the request of the dealer, regardless of

whether the dealer appears on any report generated by a financial institution data match program

or system.

     SECTION 2. This act shall take effect September 1, 2021.

========

LC001658

========

LC001658 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS -- KRATOM CONSUMER PROTECTION ACT

***

     This act would regulate the distribution of food products containing the drug kratom, a

drug of concern for its stimulant and sedative effects, to consumers by the department of health.

     This act would take effect on September 1, 2021.

========

LC001658

========

LC001658 - Page 4 of 4