A. A vendor shall not prepare, distribute, sell or expose for sale any of the following:
1. A kratom product that is adulterated with a nonkratom substance. A kratom product is adulterated with a nonkratom substance if the kratom product is mixed or packed with a nonkratom 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;
2. A kratom product that is contaminated with a dangerous nonkratom substance. A kratom product is contaminated with a dangerous nonkratom substance if the kratom product contains a substance that is not safe for human consumption;
3. A kratom product containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent (2%) of the alkaloid composition of the product;
4. A kratom product containing any synthetic alkaloid including synthetic mitragynine, synthetic 7-hydroxymitragynine or any other synthetically derived compounds of the kratom plant; or
5. A kratom product containing any controlled substance listed in the Uniform Controlled Dangerous Substances Act, unless the product is compounded by a licensed pharmacist with the controlled substance dispensed in accordance with a valid prescription.
B. Kratom products shall be accompanied by a label, or a quick response (QR) code on the product label linked to a website, bearing the following information prior to its sale in this state:
1. A list of the ingredients, which shall include the common or usual name of each ingredient used in the manufacture of the product, listed in descending order of predominance;
2. That the sale or transfer of kratom to a person under eighteen (18) years of age is prohibited;
3. The amount of mitragynine and 7-hydroxymitragynine contained in the product;
4. The amount of mitragynine and 7-hydroxymitragynine contained in packaging for the product;
5. The name and the principal street address of the vendor or the person responsible for distributing the product;
6. The suggested use of the product; and
7. Any precautionary statements as to the safety and effectiveness of the product.
C. A vendor may not distribute, sell or expose for sale a kratom product to an individual under eighteen (18) years of age.
D. Upon request by the State Department of Health, the vendor shall provide test results from a United States-based testing facility to confirm the items listed on the product label.
Added by Laws 2021, c. 500, § 4, eff. Nov. 1, 2021.