Full Text of HB4681 101st General Assembly
HB4681 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4681 Introduced 2/18/2020, by Rep. Marcus C. Evans, Jr. SYNOPSIS AS INTRODUCED: |
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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.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | FISCAL NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Kratom | 5 | | Consumer Protection Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Dealer" means a person that sells, prepares, or maintains | 8 | | kratom products, or advertises, represents, or holds himself or | 9 | | herself out as selling, preparing, or maintaining kratom | 10 | | products. "Dealer" includes, but is not limited to, a | 11 | | manufacturer, wholesaler, store, restaurant, hotel, catering | 12 | | facility, camp, bakery, delicatessen, supermarket, grocery | 13 | | store, convenience store, nursing home, or food or drink | 14 | | company. | 15 | | "Department" means the Department of Public Health. | 16 | | "Director" means the Director of Public Health or his or | 17 | | her designee. | 18 | | "Food" means a food, food product, food ingredient, dietary | 19 | | ingredient, dietary supplement, or beverage for human | 20 | | consumption. | 21 | | "Kratom product" means a food product or dietary ingredient | 22 | | containing any part of the leaf of the plant Mitragyna | 23 | | speciosa. "Kratom product" includes product formulations, |
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| 1 | | including powders, capsules, extracts, and tinctures. All | 2 | | "kratom products" are foods. | 3 | | Section 10. Dealer disclosure. | 4 | | (a) A dealer that prepares, distributes, sells, or exposes | 5 | | for sale a food that is represented to be a kratom product | 6 | | shall disclose on the product label the factual basis upon | 7 | | which that representation is made. | 8 | | (b) A dealer shall not prepare, distribute, sell, or expose | 9 | | for sale a food represented to be a kratom product that does | 10 | | not conform to the disclosure required under subsection (a). | 11 | | Section 15. Prohibitions. A dealer shall not prepare, | 12 | | distribute, sell, or expose for sale any of the following: | 13 | | (1) A kratom product that is adulterated with a | 14 | | dangerous non-kratom substance. A kratom product is | 15 | | adulterated with a dangerous non-kratom substance if the | 16 | | kratom product is mixed or packed with a non-kratom | 17 | | substance and that substance affects the quality or | 18 | | strength of the kratom product to such a degree as to | 19 | | render the kratom product injurious to a consumer. | 20 | | (2) A kratom product that is contaminated with a | 21 | | dangerous non-kratom substance. A kratom product is | 22 | | contaminated with a dangerous non-kratom substance if the | 23 | | kratom product contains a poisonous or otherwise | 24 | | deleterious non-kratom ingredient, including, but not |
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| 1 | | limited to, controlled substances as defined in Section 102 | 2 | | of the Illinois Controlled Substances Act. | 3 | | (3) A kratom product containing a level of | 4 | | 7-hydroxymitragynine in the alkaloid fraction that is | 5 | | greater than 2% of the total alkaloid composition of the | 6 | | kratom product. | 7 | | (4) A kratom product containing any synthetic | 8 | | alkaloids of the kratom plant, including synthetic | 9 | | mitragynine, synthetic 7-hydroxymitragynine, or any other | 10 | | synthetically-derived compounds of the kratom plant. | 11 | | (5) A kratom-containing product that does not include | 12 | | on its package or label a certification that the product | 13 | | does not contain alkaloids that exceed the proportion of | 14 | | the alkaloids that occur in the natural plant and that does | 15 | | not provide adequate labeling directions necessary for | 16 | | safe and effective use by consumers. | 17 | | Section 20. Distribution to individuals under 18. A dealer | 18 | | shall not distribute, sell, or expose for sale a kratom product | 19 | | to an individual who is under 18 years of age. | 20 | | Section 25. Violations. | 21 | | (a) A dealer that violates subsection (a) of Section 10 is | 22 | | subject to an administrative fine of not more than $500 for the | 23 | | first offense and not more than $1,000 for the second or | 24 | | subsequent offense. Upon the request of a person to whom an |
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| 1 | | administrative fine is issued, the Director shall conduct a | 2 | | hearing in accordance with the Illinois Administrative | 3 | | Procedure Act. | 4 | | (b) A dealer that violates subsection (b) of Section 10 or | 5 | | any provision of Section 15 or 20 is guilty of a Class B | 6 | | misdemeanor for which imprisonment for not more than 90 days, a | 7 | | fine of not more than $500, or both, may be imposed. | 8 | | (c) A person aggrieved by a violation of subsection (b) of | 9 | | Section 10 or of Section 15 may, in addition to and distinct | 10 | | from any other remedy at law or equity, bring a private cause | 11 | | of action in a competent court of jurisdiction for damages | 12 | | resulting from that violation, including, but not limited to, | 13 | | economic, noneconomic, or consequential damages. | 14 | | (d) A dealer does not violate either subsection (b) of | 15 | | Section 10 or Section 15 if it is shown by a preponderance of | 16 | | the evidence that the dealer relied in good faith upon the | 17 | | representations of a manufacturer, processor, packer, or | 18 | | distributor of food represented to be a kratom product. | 19 | | Section 30. Rules. The Department shall adopt rules for the | 20 | | administration and enforcement of this Act, including, but not | 21 | | limited to, the format, size, and placement of the disclosure | 22 | | label required under subsection (a) of Section 10 and the | 23 | | information that must be included in the disclosure.
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