AN ACT relating to food and drugs; regulating the sale, testing and use of kratom products as specified; authorizing the department of health and local law enforcement to enforce compliance with kratom product regulation as specified; providing definitions; providing criminal penalties; providing appropriations; authorizing full-time positions; and providing for effective dates.
This act regulates the preparation, distribution, delivery, advertisement, display, packaging and sale of kratom products. Any person who violates this act is subject to criminal penalties. The state chemist is authorized to analyze kratom products to determine whether this act is being complied with. Any retailer who violates this act for a third or subsequent time in a two (2) year period will be subject to the civil injunction. A criminal fine will not be imposed against a retailer for a first offense if the retailer adopts a written policy against selling kratom products to persons under age twenty-one (21) and requires employees to follow the policy. The Department of Health is authorized to ensure retailer compliance with this act, including inspections done in conjunction with law enforcement. This act provides appropriations to the Department of Health and Department of Agriculture. The Department of Health and Department of Agriculture are authorized to promulgate all rules necessary to implement this act.