Read the full stored bill text
SECOND REGULAR SESSION
HOUSE BILL NO. 2850
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE EAL Y .
6387H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 196, RSMo, by adding thereto one new section relating to kratom products,
with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 196, RSMo, is amended by adding thereto one new section, to be
2 known as section 196.1 170, to read as follows:
196.1 170. 1. This section shall be known and may be cited as the "Kratom
2 Consumer Pr otection Act".
3 2. As used in this section, the following terms mean:
4 (1) "Dealer", a person who sells, prepa res , or maintains kratom or advertises,
5 r epresent s, or holds oneself out as selling, pr eparing, or maintaining kratom. Such
6 person may include, but not be limited to, a manufactur er , wholesaler , store, res taurant,
7 hotel, catering facility , camp, bakery , delicatessen, supermarket, gr ocery stor e,
8 convenience store, nursing home, or food or drink company;
9 (2) "Kratom", any good placed in the marketplace containing any part of the
10 leaf of the plant Mitragyna speciosa.
11 3. The general assembly her eby occupies and pr eempts the entir e field of
12 r egulating kratom to the complete exclusion of any order , ordinance, or r egulation of
13 any political subdivision of this state. Any political subdivision's existing or futur e
14 orders, ordinances, or regul ations rel ating to kratom are hereb y void.
15 4. A dealer who pr epares, distributes, sells, or exposes for sale kratom including,
16 but not limited to, kratom intended for human consumption, shall disclose the factual
17 basis upon which that repr esentation is made.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 5. A dealer shall not pre pare, distribute, sell, or expose for sale any of the
19 following:
20 (1) Kratom that is adulterated with a danger ous nonkratom substance. Kratom
21 shall be considered to be adulterated with a dangero us nonkratom substance if the
22 kratom is mixed or packed with a nonkratom substance and that substance affects the
23 quality or str ength of the kratom to such a degree as to rend er the kratom injurious to a
24 consumer;
25 (2) Kratom that is contaminated with a dangerous nonkratom substance.
26 Kratom shall be consider ed to be contaminated with a dangerous nonkratom substance
27 if the kratom contains a poisonous or otherwise deleterious nonkratom ingr edient
28 including, but not limited to, any substance listed in section 195.017;
29 (3) Kratom containing a level of 7-hydro xymitragynine in the alkaloid fraction
30 that is great er than two per cent of the alkaloid composition contained ther ein;
31 (4) Kratom containing any synthetic alkaloids, including synthetic mitragynine,
32 synthetic 7-hydr oxymitragynine, or any other synthetically derived compounds of the
33 plant Mitragyna speciosa; or
34 (5) Kratom that does not include on its package or label the amount of
35 mitragynine and 7-hydr oxymitragynine contained ther ein.
36 6. A dealer shall not distribute, sell, or expose for sale kratom to an individual
37 under eighteen years of age.
38 7. (1) A dealer who violates subsection 4 of this section shall be guilty of an
39 infraction.
40 (2) A dealer who violates subsection 5 or 6 of this section shall be guilty of a class
41 D misdemeanor .
42 (3) A person aggrieved by a violation of subsection 4 or 5 of this section may , in
43 addition to and distinct fr om any other r emedy at law or in equity , bring a private cause
44 of action in a court of competent jurisdiction for damages r esulting fr om that violation
45 including, but not limited to, economic, noneconomic, and consequential damages.
46 (4) A dealer does not violate subsection 4 or 5 of this section if a prep onderance
47 of the evidence shows that the dealer r elied in good faith upon the repr esentations of a
48 manufactur er , pr ocessor , packer , or distributor repr esented to be kratom.
✔
HB 2850 2