Revision: March 12, 2020, 3:49 p.m.
SB 758-FN - AS AMENDED BY THE SENATE
03/12/2020 1079s
2020 SESSION
20-3136
08/01
SENATE BILL 758-FN
AN ACT regulating products containing kratom.
SPONSORS: Sen. Feltes, Dist 15; Sen. Fuller Clark, Dist 21; Sen. Hennessey, Dist 5; Sen. Dietsch, Dist 9; Sen. Kahn, Dist 10
COMMITTEE: Health and Human Services
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AMENDED ANALYSIS
This bill requires products containing kratom to be registered with the department of health and human services.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/12/2020 1079s 20-3136
08/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT regulating products containing kratom.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Short Title. This act shall be known and may be cited as the "Kratom Consumer Protection Act."
2 New Subdivision; Products Containing Kratom. Amend RSA 146 by inserting after section 21 the following new subdivision:
Products Containing Kratom
146:22 Definitions.
I. "Dealer" means a person that sells, prepares, or maintains kratom products, or advertises, represents, or holds itself out as selling, preparing, or maintaining kratom products. Dealer includes, but is not limited to, a manufacturer, wholesaler, store, restaurant, hotel, catering facility, camp, bakery, delicatessen, supermarket, grocery store, convenience store, nursing home, or food or drink company.
II. "Department" means the department of health and human services.
III. "Food" means a food, food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption. Pursuant to this subdivision, all kratom products shall be considered to be food.
IV. "Kratom product" means a food product or dietary ingredient containing any part of the leaf of the plant Mitragyna speciosa.
146:23 Kratom Distribution; Labeling Required. A dealer that prepares, distributes, or sells food that is represented as a kratom product shall disclose on the product label the factual basis upon which that representation is made.
146:24 Certain Kratom Products Prohibited. No dealer shall prepare, distribute, or sell any of the following:
I. A kratom product that is adulterated with a dangerous non-kratom substance. A kratom product is adulterated with a dangerous non-kratom substance if the kratom product is mixed or packed with a non-kratom 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.
II. A kratom product that is contaminated with a dangerous non-kratom substance. A kratom product is contaminated with a dangerous non-kratom substance if the kratom product contains a poisonous or otherwise deleterious non-kratom ingredient, including, but not limited to, the substances listed in RSA 318-B.
III. A kratom product containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2 percent of the alkaloid composition of the product.
IV. A kratom product containing any synthetic alkaloids including synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compounds of the kratom plant.
V. Any kratom containing product that does not include on its package or label the amount of mitragynine and 7-hydroxymitragynine contained in the product; and that does not provide adequate labeling directions necessary for safe and effective use by consumers.
146:25 Sale to Persons Under 18 Prohibited. No dealer shall distribute or sell a kratom product to a person under 18 years of age.
146:26 Penalties.
I. A dealer that violates RSA 146:23 shall be subject to an administrative fine of not more than $500 for the first offense and not more than $1,000 for the second or subsequent offense. Upon the request of a person to whom an administrative fine is issued, the director shall conduct a hearing in accordance with the RSA 541.
II. A dealer shall not violate this subdivision if it is shown by a preponderance of the evidence that the dealer relied in good faith upon the representations of a manufacturer, processor, packer, or distributor of food represented to be a kratom product.
146:27 Rulemaking. The department shall adopt rules, pursuant to RSA 541-A, for the administration and enforcement of this subdivision including but not limited to:
I. Standards for registered kratom products.
II. Standards for testing to ensure such products are safe for human consumption.
III. Procedures for accurate labeling of kratom products.
IV. Fees and procedures for registration of kratom products to be sold in the state.
V. Fines for the distribution or sale of unregistered kratom products.
146:28 Registration of Kratom Products.
I. Any producer, manufacturer, or dealer of a kratom product shall register with the department for a fee. No unregistered kratom product shall be sold within the state.
II. Any producer, manufacturer, or dealer that distributes, sells, or attempts to distribute or sell an unregistered kratom product shall be guilty of a civil violation and assessed a fine by the department.
3 Effective Date. This act shall take effect January 1, 2021.
20-3136
1/30/20
SB 758-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to banning kratom.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill, as introduced, at this time. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.
AGENCIES CONTACTED:
Departments of Health and Human Services, Justice and Corrections, Judicial Branch and Judicial Council