Loading...
HomeMy WebLinkAboutKratom Conusmer Protection Ordinance1 An ordinance to regulate the preparation, distribution, and sale of kratom products; to prohibit the preparation, distribution, and sale of adulterated kratom products; and to prescribe fines and penalties. Sec. 1. This ordinance shall be known and may be cited as the “ XXXX (City, township, etc.) Kratom Consumer Protection Ordinance". Sec. 2. Definitions. As used in this ordinance: a) "Processor" means a person that sells, prepares, manufactures, distributes, or maintains kratom products, or advertises, represents, or holds itself out as selling, preparing, or maintaining kratom products. b) "Food" means a food, food product, food ingredient, dietary ingredient, dietary supplement, or beverage for human consumption. c) "Kratom product" means a food product or dietary ingredient containing any part of the leaf of the plant Mitragyna Speciosa or an extract of it; is manufactured as a powder, capsule, tablet, beverage, or other edible form; and all kratom products are foods. d) “Kratom Extract” means a food product or dietary ingredient containing any part of the leaf of the plant Mitragyna Speciosa that has been extracted or concentrated in order to provide more standardized product content. 2 e) “Synthesized” refers to substances produced using directed synthetic or biosynthetic chemistry, as opposed to traditional food preparation techniques such as heating or extracting. f) “Retailer” means any person that sells, distributes, advertises, represents, or holds itself out as selling or maintaining kratom products. g) A “Certificate of Analysis (COA)” for kratom products is prepared by an independent accredited laboratory that tests for the purity of food products. Sec. 3. Kratom product limitations. It shall be unlawful for any processor to prepare, distribute, sell, or expose for sale any of the following: a) A kratom product that is adulterated with a dangerous non-kratom substance further defined as a kratom product that 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. b) A kratom product containing any dangerous non-kratom substance if the kratom product contains poisonous or otherwise deleterious non-kratom ingredients, including, but not limited to, the substances listed in (INSERT THE CITATION FOR THE CONTROLLED SUBSTANCES LIST IN STATE LAW). c) A kratom extract that contains levels of residual solvents higher than is allowed in United States Pharmacopeia USP-467 for food products. d) A kratom product containing a level of 7- hydroxymitragynine (7-OH) in an alkaloid fraction that is 3 greater than 2% of the overall alkaloid composition of the product. A product serving size cannot exceed 1 mg. per serving of 7-OH. e) A kratom product containing any synthetic alkaloids including synthetic mitragynine, synthetic 7- hydroxymitragynine, or any other synthetically derived compounds of the kratom plant. f) A kratom product that does not provide labeling directions necessary for safe use by consumers, including a recommended serving size. g) A kratom product that bears a label that makes claims the product is intended to diagnose, treat, cure, or prevent a medical condition or disease. h) A kratom product that the retailer at the point of sale does not have on file and available a COA showing the kratom product is compliant with the provisions of this ordinance. Sec. 4. Age limits and Selling Conditions a) A processor shall not distribute, sell, sample or expose for sale a kratom product to an individual under (18 or 21) years of age. b) Kratom products offered for sale must be placed behind the retailer’s counter. Sec. 5. Violations. (customize this on a city-by-city basis) a) A processor that violates section 3 is subject to an administrative fine of not more than ($xxxx) for the first offense and not more than ($xxxx) for the second offense. b) A retailer does not violate section 3 if it is shown by a 4 preponderance of the evidence that the retailer relied in good faith upon the representations of a manufacturer, processor, packer, or distributor of food represented to be a kratom product. c) Administrative enforcement. Any third violation of this ordinance is hereby declared to be grounds for revoking or suspending any business license necessary to sell consumer goods in (list city, county, etc.) d) Localities can draft violation language based on the violation of section 4 as it pertains to sales, distribution or possession for individuals under (18 or 21). Note: This ordinance has been drafted in cooperation with the American Kratom Association. This is meant to be a draft and can be customized on a city-by-city basis.