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SECOND REGULAR SESSION
HOUSE BILL NO. 3147
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE CUPPS.
6966H.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, pre pares, or maintains kratom prod ucts or
5 advertises, repr esents, or holds oneself out as selling, pr eparing, or maintaining kratom
6 pr oducts. Such person may include, but shall not be limited to, a manufactur er ,
7 wholesaler , stor e, re staurant, hotel, catering facility , camp, bakery , delicatessen,
8 supermarket, gr ocery stor e, convenience store, nursing home, or food or drink
9 company;
10 (2) "Department", the state department of health and senior services;
11 (3) "Dir ector", the dir ector of the department or the dir ector's designee;
12 (4) "Food", a food, food pr oduct, food ingr edient, dietary ingr edient, dietary
13 supplement, or beverage for human consumption;
14 (5) "Kratom pr oduct", a food pr oduct or dietary ingr edient containing any part
15 of the leaf of the plant Mitragyna speciosa.
16 3. The general assembly her eby occupies and pr eempts the entir e field of
17 r egulating kratom pr oducts to the complete exclusion of any order , ordinance, or
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 r egulation of any political subdivision of this state. Any political subdivision's existing
19 or futur e orders, ordinances, or re gulations rela ting to kratom pr oducts are her eby
20 void.
21 4. (1) A dealer who prep ares , distributes, sells, or exposes for sale a food that is
22 r epresent ed to be a kratom pr oduct shall disclose on the pr oduct label the factual basis
23 upon which that r epresent ation is made.
24 (2) A dealer shall not prep are, distribute, sell, or expose for sale a food
25 r epresent ed to be a kratom pro duct that does not conform to the disclosur e req uirement
26 under subdivision (1) of this subsection.
27 5. A dealer shall not pre pare, distribute, sell, or expose for sale any of the
28 following:
29 (1) A kratom prod uct that is adulterated with a danger ous nonkratom
30 substance. A kratom pr oduct shall be consider ed to be adulterated with a dangerous
31 nonkratom substance if the kratom prod uct is mixed or packed with a nonkratom
32 substance and that substance affects the quality or str ength of the kratom pro duct to
33 such a degr ee as to render the kratom prod uct injurious to a consumer;
34 (2) A kratom pr oduct that is contaminated with a dangero us nonkratom
35 substance. A kratom pro duct shall be consider ed to be contaminated with a dangerous
36 nonkratom substance if the kratom pr oduct contains a poisonous or otherwise
37 deleterious nonkratom ingr edient including, but not limited to, any substance listed in
38 section 195.017;
39 (3) A kratom prod uct containing a level of 7-hydr oxymitragynine in the alkaloid
40 fraction that is gr eater than two perce nt of the alkaloid composition of the product;
41 (4) A kratom pr oduct containing any synthetic alkaloids, including synthetic
42 mitragynine, synthetic 7-hydr oxymitragynine, or any other synthetically derived
43 compounds of the plant Mitragyna speciosa; or
44 (5) A kratom pr oduct that does not include on its package or label the amount of
45 mitragynine and 7-hydr oxymitragynine contained in the pro duct.
46 6. A dealer shall not distribute, sell, or expose for sale a kratom pr oduct to an
47 individual under eighteen years of age.
48 7. (1) If a dealer violates subdivision (1) of subsection 4 of this section, the
49 dir ector may , after notice and hearing, impose a fine on the dealer of no mor e than five
50 hundr ed dollars for the first offense and no mor e than one thousand dollars for the
51 second or subsequent offense.
52 (2) A dealer who violates subdivision (2) of subsection 4 of this section,
53 subsection 5 of this section, or subsection 6 of this section is guilty of a class D
54 misdemeanor .
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55 (3) A person aggrieved by a violation of subdivision (2) of subsection 4 of this
56 section or subsection 5 of this section may , in addition to and distinct fr om any other
57 r emedy at law or in equity , bring a private cause of action in a court of competent
58 jurisdiction for damages res ulting fro m that violation including, but not limited to,
59 economic, noneconomic, and consequential damages.
60 (4) A dealer does not violate subdivision (2) of subsection 4 of this section or
61 subsection 5 of this section if a pr eponderance of the evidence shows that the dealer
62 r elied in good faith upon the repr esentations of a manufactur er , pr ocessor , packer , or
63 distributor of food rep res ented to be a kratom pr oduct.
64 8. (1) The department shall pr omulgate rules to implement the pr ovisions of this
65 section including, but not limited to, the re quir ements for the format, size, and
66 placement of the disclosur e label r equir ed under subdivision (1) of subsection 4 of this
67 section and for the information to be included in the disclosur e label.
68 (2) Any rule or portion of a rule, as that term is defined in section 536.010, that is
69 cr eated under the authority delegated in this section shall become effective only if it
70 complies with and is subject to all of the pr ovisions of chapter 536 and, if applicable,
71 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
72 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the
73 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional,
74 then the grant of rulemaking authority and any rule pr oposed or adopted after the
75 effective date of this section shall be invalid and void.
✔
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