State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019 HOUSE BILL 2550 AN ACT AMENDING TITLE 36, CHAPTER 6, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 10; RELATING TO PUBLIC HEALTH AND SAFETY. (TEXT OF BILL BEGINS ON NEXT PAGE) H.B. 2550 - 1 - 1 Be it enacted by the Legislature of the State of Arizona: 2 Section 1. Title 36, chapter 6, Arizona Revised Statutes, is 3 amended by adding article 10, to read: 4 ARTICLE 10. KRATOM PRODUCTS 5 36-795. Definitions 6 IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES: 7 1. "DEALER": 8 (a) MEANS A PERSON THAT SELLS, PREPARES OR MAINTAINS KRATOM 9 PRODUCTS OR THAT ADVERTISES, REPRESENTS OR HOLDS ITSELF OUT AS SELLING, 10 PREPARING OR MAINTAINING KRATOM PRODUCTS. 11 (b) INCLUDES A MANUFACTURER, WHOLESALER, STORE, RESTAURANT, HOTEL, 12 CATERING FACILITY, CAMP, BAKERY, DELICATESSEN, SUPERMARKET, GROCERY STORE, 13 CONVENIENCE STORE, NURSING HOME OR FOOD OR DRINK COMPANY. 14 2. "FOOD" MEANS A FOOD, FOOD PRODUCT, FOOD INGREDIENT, DIETARY 15 INGREDIENT, DIETARY SUPPLEMENT OR BEVERAGE FOR HUMAN CONSUMPTION. 16 3. "KRATOM PRODUCT" MEANS A FOOD PRODUCT OR DIETARY INGREDIENT 17 CONTAINING ANY PART OF THE LEAF OF THE PLANT MITRAGYNA SPECIOSA. 18 36-795.01. Kratom product disclosure; preparing, 19 distributing, selling or exposing for sale 20 without disclosure prohibited 21 A. A DEALER THAT PREPARES, DISTRIBUTES, SELLS OR EXPOSES FOR SALE A 22 FOOD THAT IS REPRESENTED TO BE A KRATOM PRODUCT SHALL DISCLOSE ON THE 23 PRODUCT LABEL THE FACTUAL BASIS ON WHICH THAT REPRESENTATION IS MADE. 24 B. A DEALER MAY NOT PREPARE, DISTRIBUTE, SELL OR EXPOSE FOR SALE A 25 FOOD REPRESENTED TO BE A KRATOM PRODUCT THAT DOES NOT CONFORM TO THE 26 DISCLOSURE REQUIRED BY THIS SECTION. 27 36-795.02. Kratom product; adulteration; contamination; sales 28 to minors prohibited 29 A. A DEALER MAY NOT PREPARE, DISTRIBUTE, SELL OR EXPOSE FOR SALE 30 ANY OF THE FOLLOWING: 31 1. A KRATOM PRODUCT THAT IS ADULTERATED WITH A DANGEROUS NONKRATOM 32 SUBSTANCE. A KRATOM PRODUCT IS ADULTERATED WITH A DANGEROUS NONKRATOM 33 SUBSTANCE IF THE KRATOM PRODUCT IS MIXED OR PACKED WITH A NONKRATOM 34 SUBSTANCE AND THAT SUBSTANCE AFFECTS THE QUALITY OR STRENGTH OF THE KRATOM 35 PRODUCT TO SUCH A DEGREE AS TO RENDER THE KRATOM PRODUCT INJURIOUS TO A 36 CONSUMER. 37 2. A KRATOM PRODUCT THAT IS CONTAMINATED WITH A DANGEROUS NONKRATOM 38 SUBSTANCE. A KRATOM PRODUCT IS CONTAMINATED WITH A DANGEROUS NONKRATOM 39 SUBSTANCE IF THE KRATOM PRODUCT CONTAINS A POISONOUS OR OTHERWISE 40 DELETERIOUS NONKRATOM SUBSTANCE, INCLUDING ANY CONTROLLED SUBSTANCE 41 PRESCRIBED BY CHAPTER 27 OF THIS TITLE. 42 3. A KRATOM PRODUCT CONTAINING A LEVEL OF 7-HYDROXYMITRAGYNINE IN 43 THE ALKALOID FRACTION THAT IS GREATER THAN TWO PERCENT OF THE ALKALOID 44 COMPOSITION OF THE PRODUCT. H.B. 2550 - 2 - 1 4. A KRATOM PRODUCT CONTAINING ANY SYNTHETIC ALKALOID, INCLUDING 2 SYNTHETIC MITRAGYNINE, SYNTHETIC 7-HYDROXYMITRAGYNINE OR ANY OTHER 3 SYNTHETICALLY DERIVED COMPOUNDS OF THE KRATOM PLANT. 4 5. ANY KRATOM-CONTAINING PRODUCT THAT DOES NOT INCLUDE ON ITS 5 PACKAGE OR LABEL THE AMOUNT OF MITRAGYNINE AND 7-HYDROXYMITRAGYNINE 6 CONTAINED IN THE PRODUCT. 7 B. A DEALER MAY NOT DISTRIBUTE, SELL OR EXPOSE FOR SALE A KRATOM 8 PRODUCT TO AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE. 9 36-795.03. Violations; classification 10 A. A DEALER THAT VIOLATES SECTION 36-795.01, SUBSECTION B OR 11 SECTION 36-795.02 IS GUILTY OF A CLASS 2 MISDEMEANOR. 12 B. IN ADDITION TO AND DISTINCT FROM ANY OTHER REMEDY AT LAW OR 13 EQUITY, A PERSON AGGRIEVED BY A VIOLATION OF SECTION 36-795.01, SUBSECTION 14 B OR SECTION 36-795.02, SUBSECTION A MAY BRING A PRIVATE CAUSE OF ACTION 15 IN A COURT OF COMPETENT JURISDICTION FOR DAMAGES RESULTING FROM THAT 16 VIOLATION, INCLUDING ECONOMIC, NONECONOMIC OR CONSEQUENTIAL DAMAGES. 17 C. A DEALER DOES NOT VIOLATE SECTION 36-795.01, SUBSECTION B OR 18 SECTION 36-795.02, SUBSECTION A IF THE COURT FINDS BY A PREPONDERANCE OF 19 THE EVIDENCE THAT THE DEALER RELIED IN GOOD FAITH ON THE REPRESENTATION OF 20 A MANUFACTURER, PROCESSOR, PACKER OR DISTRIBUTOR THAT THE FOOD WAS A 21 KRATOM PRODUCT. 22 Sec. 2. Short title 23 This act may be cited and known as the "Kratom Consumer Protection

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