HOUSE DOCKET, NO. 1902        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3762

The Commonwealth of Massachusetts

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PRESENTED BY:

Daniel J. Hunt

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act concerning the regulation of Kratom.

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PETITION OF:

HOUSE DOCKET, NO. 1902        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3762

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act concerning the regulation of Kratom.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 270 of the General Laws is hereby amended by adding the following section:-

Section 30. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

"Food", a food, food product, food ingredient, dietary ingredient, dietary supplement or beverage for human consumption.

“Kratom extract”, 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.

"Kratom product", a food product or dietary ingredient containing any part of the leaf of the plant Mitragyna speciosa or an extract of it that is manufactured as a powder, capsule, tablet, beverage or other edible form.

"Processor", 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.

“Retailer”, a person that sells, distributes, advertises, represents, or holds itself out as selling or maintaining kratom products.

(b) A processor shall not prepare, distribute, sell or expose for sale:

(i) a kratom product that is adulterated with a dangerous non-kratom substance. A kratom product is adulterated with a dangerous non-kratom substance if the kratom product 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;

(ii) a kratom product that is contaminated with a dangerous non-kratom substance. A kratom product is contaminated with a dangerous non-kratom substance if the kratom product contains a poisonous or otherwise deleterious non-kratom ingredient, including, but not limited to, the substances listed in section 31 and analogues of those substances;

(iii) a kratom extract that contains levels of residual solvents higher than is allowed in USP-NF chapter 467, as published by the United States Pharmacopeia;

(iv) a kratom product containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 1 per cent of the overall alkaloid composition of the product;

(v) a kratom product containing any synthetic alkaloids including synthetic mitragynine, synthetic 7-hydroxymitragynine or any other synthetically-derived compounds of the kratom plant.

(vi) a kratom product that does not provide labeling directions necessary for safe use by consumers, including a recommended serving size, and the name and address of the manufacturer.

(c) A processor shall not distribute, sell or expose for sale a kratom product to an individual under 21 years of age.

(d) (1) A person who violates subsection (b) shall subject to an administrative fine of not more than $500 for the first offense and not more than $1,000 for subsequent offenses. Upon the request of a person to whom an administrative fine is issued, the department shall conduct a hearing in accordance with chapter 30A.

(2) A retailer does not violate subsection (b) if they can show by a 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.

(e) A person who violates subsection (c) shall be punished by a fine of $1,000 for the first offense, $2,000 for a second offense and $5,000 for a third or subsequent offense.

SECTION 2. This act shall take effect 180 days following its passage.