HB 2894

                                 SECOND REGULAR SESSION
                    HOUSE BILL NO. 2894
                           103RD GENERAL ASSEMBLY
                          INTRODUCED BY REPRESENTATIVE DURNELL.
 6581H.01I  JOSEPH ENGLER, Chief Clerk
                                            AN ACT
 To 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 196.1170, to read as follows:
         196.1170. 1. This section shall be known and may be cited as the "Kratom
2 Consumer Protection Act".
32. As used in this section, the following terms mean:
4(1) "Dealer", a person who sells, prepares, or maintains kratom or advertises,
5 represents, or holds oneself out as selling, preparing, or maintaining kratom. Such
6 person may include, but not be limited to, a manufacturer, wholesaler, store, restaurant,
7 hotel, catering facility, camp, bakery, delicatessen, supermarket, grocery store,
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.
113. A dealer who prepares, distributes, sells, or exposes for sale kratom including,
12 but not limited to, kratom intended for human consumption, shall disclose the factual
13 basis upon which that representation is made.
144. A dealer shall not prepare, distribute, sell, or expose for sale any of the
15 following:
16(1) Kratom that is adulterated with a dangerous nonkratom substance. Kratom
17 shall be considered to be adulterated with a dangerous nonkratom substance if the
 EXPLANATION — 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.
HB 2894  2
18 kratom is mixed or packed with a nonkratom substance and that substance affects the
19 quality or strength of the kratom to such a degree as to render the kratom injurious to a
20 consumer;
21(2) Kratom that is contaminated with a dangerous nonkratom substance.
22 Kratom shall be considered to be contaminated with a dangerous nonkratom substance
23 if the kratom contains a poisonous or otherwise deleterious nonkratom ingredient
24 including, but not limited to, any substance listed in section 195.017;
25(3) Any product marketed or sold as kratom that contains a level of 7-
26 hydroxymitragynine in the alkaloid fraction that is greater than two percent of the
27 alkaloid composition contained therein;
28(4) Kratom containing fully any synthetic alkaloids, including synthetic
29 mitragynine, synthetic 7-hydroxymitragynine, or any other fully synthetically derived
30 compounds of the plant Mitragyna speciosa; or
31(5) Kratom that does not include on its package or label the amount of
32 mitragynine and 7-hydroxymitragynine contained therein.
335. A dealer shall not distribute, sell, or expose for sale kratom to an individual
34 under twenty-one years of age.
356. (1) A dealer who violates subsection 3 of this section shall be guilty of an
36 infraction.
37(2) A dealer who violates subsection 4 or 5 of this section shall be guilty of a class
38 D misdemeanor.
39(3) A person aggrieved by a violation of subsection 3 or 4 of this section may, in
40 addition to and distinct from any other remedy at law or in equity, bring a private cause
41 of action in a court of competent jurisdiction for damages resulting from that violation
42 including, but not limited to, economic, noneconomic, and consequential damages.
43(4) A dealer does not violate subsection 3 or 4 of this section if a preponderance
44 of the evidence shows that the dealer relied in good faith upon the representations of a
45 manufacturer, processor, packer, or distributor represented to be kratom.
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