2019 -- H 5542

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LC001599

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO FOOD AND DRUGS -- KRATOM CONSUMER PROTECTION ACT

     

     Introduced By: Representatives Kennedy, and Diaz

     Date Introduced: February 27, 2019

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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

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amended by adding thereto the following chapter:

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CHAPTER 28.10

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KRATOM CONSUMER PROTECTION ACT

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     21-28.10-1. Short title.

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

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     21-28.10-2. Purpose.

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     Kratom is a tropical evergreen native to the marshy jungles of Southeast Asia. Its broad

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green leaves contain the active, addictive constituent mitragynine which is likened to cocaine for

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its stimulant effects on the central nervous system when taken in low doses and a sedative effect

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when taken in higher doses. The United States Drug Enforcement Agency withdrew an August,

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2016 "notice of intent" to place kratom into Schedule I of the Controlled Substances Act. This

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legislation seeks to regulate the distribution of kratom products to consumers as this substance is

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a "drug of concern."

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     21-28.10-2. Definitions.

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     As used in this chapter:

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     (1) "Dealer" means a person that sells, prepares, or maintains kratom products, or

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

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Dealer includes, but is not limited to, a manufacturer, wholesaler, store, restaurant, hotel, catering

 

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facility, camp, bakery, delicatessen, supermarket, grocery store, convenience store, nursing home,

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or food or drink company.

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     (2) "Department" means the department of health.

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     (3) "Director" means the director of the department or designee.

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

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supplement, or beverage for human consumption.

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

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the leaf of the plant Mitragyna speciosa.

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     21-28.10-4. Kratom product disclosure required.

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     (a) A dealer that prepares, distributes, sells, or exposes for sale a food that is represented

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to be a kratom product shall disclose on the product label the factual basis upon which that

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representation is made.

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     (b) A dealer shall not prepare, distribute, sell, or expose for sale a food represented to be

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a kratom product that does not conform to the disclosure required under subsection (a) of this

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section.

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     21-28.10-5. Kratom product adulteration and contamination prohibited.

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

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

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

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mixed or packed with a non-kratom substance and that substance affects the quality or strength of

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the kratom product to such a degree as to render the kratom product injurious to a consumer;

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     (2) A kratom product that is contaminated with a dangerous non-kratom substance. A

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

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

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to, the substances listed in § 21-28-2.08;

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     (3) A kratom product that contains a level of 7-hydroxymitragynine in the alkaloid

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fraction that is greater than two percent (2%) of the alkaloid composition of the product;

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     (4) A kratom product that contains a synthetic alkaloid, including, but not limited to,

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synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived

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compound of the kratom plant; or

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     (5) A kratom product that does not include on its package or label the amount of

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mitragynine and 7-hydroxymitragynine contained in the product.

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     21-28.10-6. Sales to minors prohibited.

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

 

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under eighteen (18) years of age.

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     21-28.10-7. Civil and criminal penalties for violations.

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     (a) A dealer that violates § 21-28.10-4(a) is subject to an administrative fine of not more

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

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

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administrative fine is issued, the director shall conduct a hearing in accordance with as set forth in

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chapter 35 of title 42 the (administrative procedures act).

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     (b) A dealer that violates §§ 21-28.10-4(b), 21-28.10-5, or 21-28.10-6 is guilty of a

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misdemeanor punishable by imprisonment for not more than ninety (90) days or a fine of not

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more than five hundred dollars ($500), or both.

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     (c) A person aggrieved by a violation of §§ 21-28.10-4(b) or 21-28.10-5 may, in addition

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to, and distinct from any other remedy at law or equity, bring a private cause of action, in a

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competent court of jurisdiction, for damages resulting from that violation, including, but not

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limited to, economic, noneconomic, or consequential damages.

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     (d) A dealer does not violate §§ 21-28.10-4(b) or 21-28.10-5 if it is shown by a

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preponderance of the evidence that the dealer relied in good faith upon the representations of a

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

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     21-28.10-8. Promulgation of rules and regulations.

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     The department shall promulgate rules and regulation for the administration and

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enforcement of this chapter, including, but not limited to, the format, size, and placement of the

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disclosure label required under § 21-28.10-4(a) and the information that must be included in the

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disclosure.

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     SECTION 2. This act shall take effect on September 1, 2019.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS -- KRATOM CONSUMER PROTECTION ACT

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

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

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     This act would take effect on September 1, 2019.

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