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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4186 Introduced 10/20/2021, by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: |
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Creates the Kratom Consumer Protection Act. Establishes safety requirements for the preparation, distribution, sale, and exposure for sale of Kratom products and extracts. Prohibits the preparation, distribution, sale, and exposure for sale of adulterated Kratom products and extracts. Provides that a processor of Kratom products that violates the Act is subject to an administrative penalty of not more than $5,000 for the first offense and not more than $10,000 for the second or subsequent offense. Provides that the penalty shall be collected by the Department of Public Health and paid into the Food and Drug Safety Fund. Upon the request of a person to whom an administrative penalty is issued, the Director of Public Health shall conduct a hearing in accordance with the Illinois Administrative Procedure Act. Provides that a processor shall not distribute, sell, or expose for sale a Kratom product to a person under 18 years of age. Provides that a person who violates the age restrictions shall be punished as provided in the Kratom Control Act. Provides that a retailer does not violate the Act if it is shown 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.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB4186 | | LRB102 21028 RLC 29954 b |
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1 | | AN ACT concerning Kratom.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. Short title. This Act may be cited as the Kratom |
5 | | Consumer Protection Act. |
6 | | Section 5. Definitions. |
7 | | (a) As used in this Act: |
8 | | "Director" means the Director of Public Health.
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9 | | "Food" means a food, food product, food ingredient, |
10 | | dietary ingredient, dietary supplement, or beverage for human |
11 | | consumption. "Food" includes a Kratom product. |
12 | | "Kratom extract" means a food product or dietary |
13 | | ingredient containing any part of the leaf of the plant |
14 | | Mitragyna Speciosa that has been extracted and concentrated in |
15 | | order to provide more standardized dosing.
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16 | | "Kratom product" means a food product or dietary |
17 | | ingredient containing any part of the leaf of the plant |
18 | | Mitragyna speciosa or an extract of it that is manufactured as |
19 | | a powder, capsule, pill, beverage, or other edible form. |
20 | | "Processor" means a person that sells, prepares, |
21 | | manufactures, distributes, or maintains Kratom products, or |
22 | | advertises, represents, or holds itself out as selling, |
23 | | preparing, or maintaining Kratom products. |