2021 Regular Session
To: Judiciary, Division A
By: Senator(s) Fillingane
AN ACT TO ENACT THE "MISSISSIPPI KRATOM CONSUMER PROTECTION ACT" TO REGULATE THE PREPARATION, DISTRIBUTION, AND SALE OF KRATOM PRODUCTS; TO DEFINE TERMS; TO PROHIBIT THE PREPARATION, DISTRIBUTION, AND SALE OF ADULTERATED OR CONTAMINATED KRATOM PRODUCTS; TO PRESCRIBE FINES AND PENALTIES FOR VIOLATIONS OF THIS ACT; TO AUTHORIZE THE DEPARTMENT OF HEALTH TO ADMINISTER THE ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Mississippi Kratom Consumer Protection Act."
SECTION 2. For purposes of this act, the following words shall have the meanings ascribed herein unless the context otherwise requires:
(a) "Department" means the Department of Health.
(b) "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.
(c) "Food" means food, food product, food ingredient, dietary ingredient, dietary supplement, or beverage for human consumption.
(d) "Kratom product" means a food product or dietary ingredient:
(i) Containing any part of the leaf of the plant Mitragyna species or an extract of it; and
(ii) Manufactured as a powder, capsule, pill, beverage or other edible form.
(e) "Retailer" means any person that sells. distributes, advertises, represents or holds itself out as selling or maintaining kratom products
SECTION 3. A processor or retailer shall not prepare, distribute, sell or expose 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 kratorn 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, the substances listed in Sections 41-29-113, 41-29-115, 41-29-117, 41-29-119 and 41-29-121.
(c) 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.
(d) A kratom product containing any synthetic alkaloids, including synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compounds of the kratom plant.
(e) A kratom product that does not provide adequate labeling necessary for safe and effective use by consumers, including a recommended serving size.
SECTION 4. A processor or retailer shall not distribute, sell or expose for sale a kratom product to an individual under twenty-one (21) years of age.
SECTION 5. (1) A processor or retailer that violates Section 3 of this act is subject to an administrative fine of not more than One Thousand Dollars ($1,000.00) for the first offense and not more than Five Thousand Dollars ($5,000.00) for any second or subsequent offense. Any person or entity fined under this subsection (1) shall have all of the administrative and judicial remedies available under law.
(2) A retailer does not violate Section 3 of this act 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.
SECTION 6. The department shall administer the provisions of this act. The department shall have authority to promulgate, from time to time, such rules and regulations as are necessary for the enforcement of the provisions of this act.
SECTION 7. This act shall take effect and be in force from and after July 1, 2021.