Microsoft Word HB2550S.1

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1 Senate Engrossed House Bill 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) - i -

2 H.B. 2550 Be it enacted by the Legislature of the State of Arizona: 1 Section 1. Title 36, chapter 6, Arizona Revised Statutes, is 2 amended by adding article 10, to read: 3 ARTICLE 10. KRATOM PRODUCTS 4 5 Definitions 36-795. IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES: 6 1. "DEALER": 7 ( a ) MEANS A PERSON THAT SELLS, PREPARES OR MAINTAINS KRATOM 8 PRODUCTS OR THAT ADVERTISES, REPRESENTS OR HOLDS ITSELF OUT AS SELLING, 9 PREPARING OR MAINTAINING KRATOM PRODUCTS. 10 b ) INCLUDES A MANUFACTURER, WHOLESALER, STORE, RESTAURANT, HOTEL, 11 ( CATERING FACILITY, CAMP, BAKERY, DELICATESSEN, SUPERMARKET, GROCERY STORE, 12 CONVENIENCE STORE, NURSING HOME OR FOOD OR DRINK COMPANY. 13 2. "FOOD" MEANS A FOOD, FOOD PRODUCT, FOOD INGREDIENT, DIETARY 14 INGREDIENT, DIETARY SUPPLEMENT OR BEVERAGE FOR HUMAN CONSUMPTION. 15 3. "KRATOM PRODUCT" MEANS A FOOD PRODUCT OR DIETARY INGREDIENT 16 CONTAINING ANY PART OF THE LEAF OF THE PLANT MITRAGYNA SPECIOSA. 17 18 Kratom product disclosure; preparing, 36-795.01. distributing, selling or exposing for sale 19 20 without disclosure prohibited A. A DEALER THAT PREPARES, DISTRIBUTES, SELLS OR EXPOSES FOR SALE A 21 FOOD THAT IS REPRESENTED TO BE A KRATOM PRODUCT SHALL DISCLOSE ON THE 22 PRODUCT LABEL THE FACTUAL BASIS ON WHICH THAT REPRESENTATION IS MADE. 23 B. A DEALER MAY NOT PREPARE, DISTRIBUTE, SELL OR EXPOSE FOR SALE A 24 FOOD REPRESENTED TO BE A KRATOM PRODUCT THAT DOES NOT CONFORM TO THE 25 DISCLOSURE REQUIRED BY THIS SECTION. 26 27 36-795.02. Kratom product; adulteration; contamination; sales 28 to minors prohibited A. A DEALER MAY NOT PREPARE, DISTRIBUTE, SELL OR EXPOSE FOR SALE 29 ANY OF THE FOLLOWING: 30 1. A KRATOM PRODUCT THAT IS ADULTERATED WITH A DANGEROUS NONKRATOM 31 SUBSTANCE. A KRATOM PRODUCT IS ADULTERATED WITH A DANGEROUS NONKRATOM 32 33 SUBSTANCE IF THE KRATOM PRODUCT IS MIXED OR PACKED WITH A NONKRATOM SUBSTANCE AND THAT SUBSTANCE AFFECTS THE QUALITY OR STRENGTH OF THE KRATOM 34 PRODUCT TO SUCH A DEGREE AS TO RENDER THE KRATOM PRODUCT INJURIOUS TO A 35 CONSUMER. 36 2. A KRATOM PRODUCT THAT IS CONTAMINATED WITH A DANGEROUS NONKRATOM 37 SUBSTANCE. A KRATOM PRODUCT IS CONTAMINATED WITH A DANGEROUS NONKRATOM 38 SUBSTANCE IF THE KRATOM PRODUCT CONTAINS A POISONOUS OR OTHERWISE 39 DELETERIOUS NONKRATOM SUBSTANCE, INCLUDING ANY CONTROLLED SUBSTANCE 40 PRESCRIBED BY CHAPTER 27 OF THIS TITLE. 41 3. A KRATOM PRODUCT CONTAINING A LEVEL OF 7-HYDROXYMITRAGYNINE IN 42 THE ALKALOID FRACTION THAT IS GREATER THAN TWO PERCENT OF THE ALKALOID 43 44 COMPOSITION OF THE PRODUCT. - 1 -

3 H.B. 2550 4. A KRATOM PRODUCT CONTAINING ANY SYNTHETIC ALKALOID, INCLUDING 1 2 SYNTHETIC MITRAGYNINE, SYNTHETIC 7-HYDROXYMITRAGYNINE OR ANY OTHER SYNTHETICALLY DERIVED COMPOUNDS OF THE KRATOM PLANT. 3 5. ANY KRATOM-CONTAINING PRODUCT THAT DOES NOT INCLUDE ON ITS 4 PACKAGE OR LABEL THE AMOUNT OF MITRAGYNINE AND 7-HYDROXYMITRAGYNINE 5 CONTAINED IN THE PRODUCT. 6 B. A DEALER MAY NOT DISTRIBUTE, SELL OR EXPOSE FOR SALE A KRATOM 7 PRODUCT TO AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE. 8 9 Violations; classification 36-795.03. A. A DEALER THAT VIOLATES SECTION 36-795.01, SUBSECTION B OR 10 11 SECTION 36-795.02 IS GUILTY OF A CLASS 2 MISDEMEANOR. B. IN ADDITION TO AND DISTINCT FROM ANY OTHER REMEDY AT LAW OR 12 EQUITY, A PERSON AGGRIEVED BY A VIOLATION OF SECTION 36-795.01, SUBSECTION 13 B OR SECTION 36-795.02, SUBSECTION A MAY BRING A PRIVATE CAUSE OF ACTION 14 IN A COURT OF COMPETENT JURISDICTION FOR DAMAGES RESULTING FROM THAT 15 VIOLATION, INCLUDING ECONOMIC, NONECONOMIC OR CONSEQUENTIAL DAMAGES. 16 C. A DEALER DOES NOT VIOLATE SECTION 36-795.01, SUBSECTION B OR 17 SECTION 36-795.02, SUBSECTION A IF THE COURT FINDS BY A PREPONDERANCE OF 18 THE EVIDENCE THAT THE DEALER RELIED IN GOOD FAITH ON THE REPRESENTATION OF 19 A MANUFACTURER, PROCESSOR, PACKER OR DISTRIBUTOR THAT THE FOOD WAS A 20 KRATOM PRODUCT. 21 22 Sec. 2. Short title This act may be cited and known as the "Kratom Consumer Protection 23 Act". 24 - 2 -

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