Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 58 First Substitute (2019GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/26/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• requires a person that prepares, distributes, sells, or offers to sell a kratom product to follow certain labeling requirements;
• prohibits a person from preparing, distributing, selling, or offering for sale certain kratom products;
• establishes penalties for violating the Kratom Consumer Protection Act;
• requires registration with the Department of Agriculture and Food of any kratom product offered for sale in this state;
• requires the Department of Agriculture and Food to set a fee and create standards for registering a kratom product;
• creates a civil cause of action; and
• requires the Department of Agriculture and Food to make rules to administer and enforce the Kratom Consumer Protection Act.

Every vote on this bill

Bill text

KRATOM CONSUMER PROTECTION ACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
Brad M. Daw
LONG TITLE
General Description:
This bill creates the Kratom Consumer Protection Act.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires a person that prepares, distributes, sells, or offers to sell a kratom product
to follow certain labeling requirements;
▸ prohibits a person from preparing, distributing, selling, or offering for sale certain
kratom products;
▸ establishes penalties for violating the Kratom Consumer Protection Act;
▸ requires registration with the Department of Agriculture and Food of any kratom
product offered for sale in this state;
▸ requires the Department of Agriculture and Food to set a fee and create standards
for registering a kratom product;
▸ creates a civil cause of action; and
▸ requires the Department of Agriculture and Food to make rules to administer and
enforce the Kratom Consumer Protection Act.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
4-44-101
, Utah Code Annotated 1953
4-44-102
, Utah Code Annotated 1953
4-44-103
, Utah Code Annotated 1953
4-44-104
, Utah Code Annotated 1953
4-44-105
, Utah Code Annotated 1953
4-44-106
, Utah Code Annotated 1953
4-44-107
, Utah Code Annotated 1953
4-44-108
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-44-101
 is enacted to read:
CHAPTER 44. KRATOM CONSUMER PROTECTION ACT
 4-44-101.
Title.
This chapter is known as the "Kratom Consumer Protection Act."
Section 2. Section 
4-44-102
 is enacted to read:
 4-44-102.
Definitions.
As used in this chapter:
(1) "Commissioner" means the commissioner of the department.
(2) "Department" means the Department of Agriculture and Food created in Section
4-2-102
.
(3) "Food" means:
(a) an article used for food or drink for human or animal consumption or the
components of the article;
(b) chewing gum or chewing gum components; or
(c) a food supplement for special dietary use that is necessitated because of a physical,
physiological, pathological, or other condition.
(4) "Kratom processor" means a person who:
(a) sells, prepares, or maintains a kratom product; or
(b) advertises, represents, or holds oneself out as selling, preparing, or maintaining a
kratom product.
(5) "Kratom product" mean food containing any part of a leaf of the plant Mitragyna
speciosa.
Section 3. Section 
4-44-103
 is enacted to read:
 4-44-103.
Factual basis for claim as kratom product required -- Administrative
penalty -- Request for hearing.
(1) A kratom processor shall disclose on the product label of each kratom product that
the kratom processor prepares, distributes, sells, or offers for sale the factual basis upon which
the kratom processor represents the food as a kratom product.
(2) For a violation of Subsection (1), a kratom processor is subject to an administrative
fine of:
(a) up to $500 for the first offense; and
(b) up to $1,000 for a second or subsequent offense.
(3) Upon the request of a kratom processor fined under this section, the commissioner
shall conduct a hearing in accordance with Title 63G, Chapter 4, Utah Administrative
Procedures Act.
Section 4. Section 
4-44-104
 is enacted to read:
 4-44-104.
Kratom processor requirements -- Criminal penalty.
(1) A kratom processor may not prepare, distribute, sell, or offer for sale a kratom
product:
(a) that is mixed or packed with a nonkratom substance that affects the quality or
strength of the kratom product to such a degree as to render the kratom product injurious to a
consumer;
(b) that contains a poisonous or otherwise deleterious nonkratom ingredient, including
a controlled substance as defined in Section 
58-37-2
;
(c) containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater
than 2% of the alkaloid composition of the kratom product;
(d) containing a synthetic alkaloid, including synthetic mitragynine, synthetic
7-hydroxymitragynine, or any other synthetically derived compound of the kratom plant; or
(e) that does not include a product label on the kratom product packaging that states the
amount of mitragynine and 7-hydroxymitragynine contained in the packaged kratom product.
(2) A kratom processor who violates Subsection (1) is guilty of a class C misdemeanor
for each violation.
(3) A kratom processor does not violate Subsection (1) if the kratom processor shows
by a preponderance of the evidence that the kratom processor relied in good faith upon the
representation of a manufacturer, processor, packer, or distributor of food represented to be a
kratom product.
(4) A kratom processor may not prepare, distribute, sell, or offer for sale a kratom
product that is not registered with the department in accordance with this chapter.
(5) A kratom processor shall register as a food establishment in accordance with
Section 
4-5-301
.
Section 5. Section 
4-44-105
 is enacted to read:
 4-44-105.
Prohibition on sale to minors -- Criminal penalty.
(1) A kratom processor may not distribute, sell, or offer for sale a kratom product to an
individual under 18 years of age.
(2) A kratom processor who violates this section is guilty of a class C misdemeanor for
each violation.
Section 6. Section 
4-44-106
 is enacted to read:
 4-44-106.
Civil action available.
In addition to and distinct from any other remedy at law, an individual may bring a civil
action, in a competent court of jurisdiction, for damages resulting from a violation of this
chapter, including economic, noneconomic, or consequential damages.
Section 7. Section 
4-44-107
 is enacted to read:
 4-44-107.
Rulemaking.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules for the administration and enforcement of this chapter.
(2) The rules described in Subsection (1) shall include standards for a registered
kratom product, including standards for:
(a) testing to ensure the product is safe for human consumption;
(b) accurate labeling; and
(c) any other issue the department considers necessary.
Section 8. Section 
4-44-108
 is enacted to read:
 4-44-108.
Registration of kratom products -- Department duties.
(1) The department shall set a fee to register a kratom product, in accordance with
Section 
4-2-103
.
(2) The fee described in Subsection (1) may be paid by a producer, manufacturer, or
distributor of a kratom product, but a kratom product may not be registered with the
department until the fee is paid.
(3) The department shall:
(a) set an administrative fine, larger than the fee described in Subsection (1), for a
person who sells a kratom product that is not registered with the department; and
(b) assess the fine described in Subsection (3)(a) against any person who offers an
unregistered kratom product for sale in this state.
(4) The department may seize and destroy any unregistered kratom product offered for
sale in this state.