SB3357 101ST GENERAL ASSEMBLY

LRB101 19812 CPF 69327 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3357

Introduced 2/14/2020, by Sen. Elgie R. Sims, Jr.

SYNOPSIS AS INTRODUCED:

New Act

Creates the Kratom Consumer Protection Act. Requires dealers of kratom products to disclose specified information. Provides that dealers shall not prepare, distribute, sell, or expose for sale: kratom products or kratom-containing products that meet specified criteria; or any kratom product to an individual who is under 18 years of age. Provides penalties and establishes a private cause of action for violations of the Act. Provides that the Department of Public Health shall adopt rules for the administration and enforcement of the Act.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Kratom Consumer Protection Act.

Section 5. Definitions.In this Act:

"Dealer" means a person that sells, prepares, or maintains kratom products, or advertises, represents, or holds himself or herself out as selling, preparing, or maintaining kratom products. "Dealer" includes, but is not limited to, a manufacturer, wholesaler, store, restaurant, hotel, catering facility, camp, bakery, delicatessen, supermarket, grocery store, convenience store, nursing home, or food or drink company.

"Department" means the Department of Public Health.

"Director" means the Director of Public Health or his or her designee.

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

"Kratom product" means a food product or dietary ingredient containing any part of the leaf of the plant Mitragyna speciosa. "Kratom product" includes product formulations, including powders, capsules, extracts, and tinctures. All "kratom products" are foods.

Section 10. Dealer disclosure.

(a) A dealer that prepares, distributes, sells, or exposes for sale a food that is represented to be a kratom product shall disclose on the product label the factual basis upon which that representation is made.

(b) A dealer shall not prepare, distribute, sell, or expose for sale a food represented to be a kratom product that does not conform to the disclosure required under subsection (a).

Section 15. Prohibitions. A dealer shall not prepare, distribute, sell, or expose for sale any of the following:

(1) 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.

(2) 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, controlled substances as defined in Section 102 of the Illinois Controlled Substances Act.

(3) A kratom product containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2% of the total alkaloid composition of the kratom product.

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

(5) A kratom-containing product that does not include on its package or label a certification that the product does not contain alkaloids that exceed the proportion of the alkaloids that occur in the natural plant and that does not provide adequate labeling directions necessary for safe and effective use by consumers.

Section 20. Distribution to individuals under 18. A dealer shall not distribute, sell, or expose for sale a kratom product to an individual who is under 18 years of age.

Section 25. Violations.

(a) A dealer that violates subsection (a) of Section 10 is subject to an administrative fine of not more than $500 for the first offense and not more than $1,000 for the second or subsequent offense. Upon the request of a person to whom an administrative fine is issued, the Director shall conduct a hearing in accordance with the Illinois Administrative Procedure Act.

(b) A dealer that violates subsection (b) of Section 10 or any provision of Section 15 or 20 is guilty of a Class B misdemeanor for which imprisonment for not more than 90 days, a fine of not more than $500, or both, may be imposed.

(c) A person aggrieved by a violation of subsection (b) of Section 10 or of Section 15 may, in addition to and distinct from any other remedy at law or equity, bring a private cause of action in a competent court of jurisdiction for damages resulting from that violation, including, but not limited to, economic, noneconomic, or consequential damages.

(d) A dealer does not violate either subsection (b) of Section 10 or Section 15 if it is shown by a preponderance of the evidence that the dealer relied in good faith upon the representations of a manufacturer, processor, packer, or distributor of food represented to be a kratom product.

Section 30. Rules. The Department shall adopt rules for the administration and enforcement of this Act, including, but not limited to, the format, size, and placement of the disclosure label required under subsection (a) of Section 10 and the information that must be included in the disclosure.