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Legislation Document
SPONSOR:
Rep. Ross Levin & Sen. Pinkney
Rep. Snyder-Hall
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 332
AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO KRATOM.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Part II, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Chapter 30S. Kratom Consumer Protection Act
§ 3001S. Definitions.
As used in this chapter:
(1) “Kratom product” means a food product or dietary ingredient product marketed for human consumption containing any part of the leaf of the plant mitragyna speciosa.
(2) “Retailer” means a person that does any of the following:
a. Sells, prepares, or maintains kratom products.
b. Advertises, represents, or holds itself out as selling, preparing, or maintaining kratom products.
§ 3002S. Representations about kratom.
A retailer that prepares, distributes, sells, or advertises for sale a kratom product must disclose on the product label the factual basis on which the representation is made
, unless the kratom product is recognized by the U.S. Food and Drug Administration as one of the following:
(1) A dietary ingredient.
(2) An approved drug.
§ 3003S. Prohibited conduct.
(a) A retailer may not prepare, distribute, sell, or advertise for sale any of the following:
(1) A kratom product adulterated with a dangerous substance other than kratom.
(2) A kratom product contaminated with a dangerous substance other than kratom.
(3) A kratom product that contains a level of 7-Hydroxymitragynine in the alkaloid fraction that is greater than 2% of the alkaloid composition.
(4) A kratom product that contains a synthetic alkaloid, including synthetic mitragynine, synthetic 7-Hydroxymitragynine, or any other synthetically derived compound of the kratom plant.
(5) A product containing kratom that does not include on its package or label the amount of mitragynine and 7-Hydroxymitragynine contained in the product.
(b) For the purpose of subsection (a) of this section:
(1) A kratom product is adulterated with a dangerous substance other than kratom if the kratom product is mixed or packed with a substance other than kratom which affects the quality or strength of the kratom product to a degree as to render the kratom product injurious to a consumer.
(2) A kratom product is contaminated with a dangerous substance other than kratom if the product contains a poisonous or otherwise deleterious ingredient other than kratom, including a drug that is designated as a controlled substance under Chapter 47 of Title 16.
(c) A retailer may not distribute, sell, advertise for sale, advertise, or market a kratom product to an individual under age 21.
(d) It is a violation of subsection (c) of this section for a retailer to use any of the following in the advertising, promotion, packaging, or labeling of a kratom product:
(1) A cartoon.
(2) A superhero.
(3) A video game reference.
(4) An image of a food product primarily intended for a minor.
(5) A trademark that imitates or mimics the trademark of a product that has been advertised or marketed primarily to a minor.
(6) A symbol or celebrity that is primarily associated with a minor or media primarily directed to a minor.
(7) An image of an individual who appears to be under the age of 27.
§ 3004S. Penalties.
A retailer that violates § 3002S or § 3003S of this title is subject to a civil penalty not exceeding the following:
(1) $1,000 for a first violation.
(2) $2,000 for a subsequent violation.
§ 3005S. Private right of action.
An individual has a private right of action against a retailer to recover damages sustained as a result of the retailer’s violation of § 3002S or § 3003S of this title.
§ 3006S. Regulation.
The Division of Alcohol and Tobacco Enforcement of the Department of Safety and Homeland Security may develop regulations to implement this chapter.
§ 3007S. Enforcement.
The Division of Alcohol and Tobacco Enforcement of the Department of Safety and Homeland Security may enforce this chapter, including by responding to and investigating a complaint of a violation of this chapter. The Division of Alcohol and Tobacco Enforcement has no obligation to conduct inspections under this chapter.
Section 2. On or before December 31, 2026, the Division of Alcohol and Tobacco Enforcement of the Department of Safety and Homeland Security, in collaboration with the Delaware Healthcare Association, must report to the Governor, the Director and Librarian of the Division of Legislative Services, the Secretary of the Senate, and the Chief Clerk of the House of Representatives for distribution to all members of the General Assembly on the number of adverse health events observed in individuals after the use of opioid–like substances, including kratom and tianeptine.
SYNOPSIS
This Act requires that a person that prepares, distributes, sells, or advertises for sale a food that is represented to be a kratom product to disclose the factual basis on which the representation is made. It establishes prohibitions related to the preparation, distribution, sale, and advertisement of kratom products, including prohibiting the distribution or sale to individuals under the age of 21. It imposes civil violations on those who violate the prohibitions. It requires the Division of Alcohol and Tobacco Enforcement of the Department of Safety and Homeland Security, in collaboration with the Delaware Healthcare Association, to report to the General Assembly, on or before December 31, 2026, on the number of adverse health events observed in individuals after the use of opioid–like substances, including kratom; and generally relating to kratom.