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A BILL TO BE ENTITLED
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AN ACT
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relating to the processing and sale of kratom and kratom products; |
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providing civil penalties; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Texas Kratom |
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Consumer Health and Safety Protection Act. |
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SECTION 2. Subtitle A, Title 6, Health and Safety Code, is |
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amended by adding Chapter 444 to read as follows: |
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CHAPTER 444. MANUFACTURE, DISTRIBUTION, AND SALE OF |
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KRATOM PRODUCTS |
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Sec. 444.001. DEFINITIONS. In this chapter: |
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(1) "Food" has the meaning assigned by Section |
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431.002. |
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(2) "Kratom" means any part of the leaf of the plant |
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Mitragyna speciosa. |
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(3) "Kratom processor" means a person who: |
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(A) manufactures, prepares, distributes, or |
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maintains kratom products for sale; |
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(B) advertises, represents, or holds oneself out |
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as a seller, preparer, or manufacturer of kratom products; |
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(C) is responsible for ensuring the purity and |
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proper labeling of kratom products; or |
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(D) packages or labels kratom products. |
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(4) "Kratom product" means a food, including an |
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extract, capsule, or pill, containing any form of kratom. |
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(5) "Kratom retailer" means a kratom processor who |
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engages in selling kratom products to consumers or who advertises, |
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represents, or holds oneself out as a person who sells kratom |
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products to consumers. |
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Sec. 444.002. LABELING REQUIRED. (a) A kratom processor |
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shall label each kratom product with the product use directions |
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necessary to ensure safe and effective use of the product by a |
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consumer, including the recommended serving size for the product. |
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(b) A kratom retailer may not sell a kratom product that is |
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not properly labeled under this section. |
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Sec. 444.003. ADULTERATED, CONTAMINATED, AND PROHIBITED |
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PRODUCTS. A kratom processor or kratom retailer may not prepare, |
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distribute, sell, or offer to sell a kratom product that: |
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(1) is adulterated with a dangerous non-kratom |
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substance affecting the quality or strength of the product to a |
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degree that renders the product injurious to a consumer; |
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(2) is contaminated with a poisonous or otherwise |
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deleterious non-kratom substance, including any substance |
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designated as a controlled substance by Chapter 481 (Texas |
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Controlled Substances Act); |
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(3) has a level of 7-hydroxymitragynine in the |
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alkaloid fraction that is greater than two percent of the overall |
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alkaloid composition of the product; or |
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(4) contains any synthetic alkaloids, including |
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synthetic 7-hydroxymitragynine and synthetically derived compounds |
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from a kratom plant. |
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Sec. 444.004. OFFENSE FOR DISTRIBUTION OR SALE OF KRATOM |
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PRODUCT TO MINOR. (a) A person commits an offense if the person |
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distributes, sells, or exposes for sale a kratom product to someone |
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who is younger than 18 years of age. |
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(b) An offense under this section is a Class C misdemeanor. |
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Sec. 444.005. CIVIL PENALTY. (a) A person who violates |
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this chapter is subject to a civil penalty in the amount of: |
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(1) $250 for the first violation; |
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(2) $500 for the second violation; and |
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(3) $1,000 for each subsequent violation. |
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(b) Each day a violation continues or occurs is a separate |
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violation for purposes of imposing a penalty under this section. |
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(c) A kratom retailer is not liable for a civil penalty |
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under this section for a violation of Section 444.002 or 444.003 if |
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the kratom retailer proves by a preponderance of the evidence that |
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the violation was unintentional and due to the kratom retailer's |
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good faith reliance on the representation of another kratom |
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processor. |
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(d) The attorney general, the district or county attorney |
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for the county, or the municipal attorney of the municipality in |
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which the violation is alleged to have occurred may bring an action |
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to recover a civil penalty under this section. |
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Sec. 444.006. PENALTIES UNDER OTHER LAW. The penalties |
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prescribed by this chapter are in addition to any other penalties |
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prescribed by law, including penalties prescribed by Chapters 431 |
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and 481. |
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Sec. 444.007. RULES. The executive commissioner may adopt |
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rules consistent with this chapter as necessary to ensure the safe |
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consumption and distribution of kratom and kratom products. |
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SECTION 3. This Act takes effect September 1, 2021. |