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LRBs0127/3
JAM:amn
2023 - 2024 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 393
October 31, 2023 - Offered by Representative Murphy.
AB393-ASA1,1,2 1An Act to repeal 961.14 (7) (mk) and 961.14 (7) (mL); and to create 100.365 and
2941.41 of the statutes; relating to: regulating kratom and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB393-ASA1,1 3Section 1 . 100.365 of the statutes is created to read:
AB393-ASA1,1,4 4100.365 Kratom. (1) In this section:
AB393-ASA1,1,85 (a) “Certificate of analysis” means a confirmation in writing from an
6independent laboratory certifying that the independent laboratory has analyzed and
7tested a kratom product and the kratom product meets the requirements specified
8under s. 941.41 (2) (a) 1. to 5.
AB393-ASA1,1,119 (b) “Kratom product” means any part of a leaf of the Mitragyna speciosa plant
10and any botanical supplement intended for human consumption made from any part
11of a leaf of the Mitragyna speciosa plant.
AB393-ASA1,2,3
1(c) “Processor” means any person who prepares or processes a kratom product
2and sells, offers for sale, or distributes the kratom product to a wholesaler or retail
3seller.
AB393-ASA1,2,5 4(2) A processor may only prepare, process, sell, offer for sale, or distribute a
5kratom product if all of the following apply:
AB393-ASA1,2,96 (a) The processor submits to the department a certificate of analysis for the
7kratom product for the kratom product's inclusion on the department's kratom
8products registry list under sub. (4) (a) and, if applicable, pays the fee charged by the
9department in accordance with sub. (4) (b).
AB393-ASA1,2,1110(b) The processor follows the guidelines set forth in 21 CFR part 111 in regards
11to a botanical supplement.
AB393-ASA1,2,16 12(3) (a) For in person sales, a person may not sell, offer for sale, or distribute a
13kratom product unless the person has on the premises of the sale, offer for sale, or
14distribution a certificate of analysis from the kratom product's processor, and the
15person keeps or displays the kratom product in a manner in which only the person
16and the person's employees can access it before sale or distribution.
AB393-ASA1,2,2017 (b) For online sales, a person may not sell, offer for sale, or distribute a kratom
18product unless the person verifies the buyer's identity, age, and location and the
19person has posted in the same online location as the sale, offer for sale, or distribution
20a certificate of analysis from the kratom product's processor.
AB393-ASA1,2,22 21(4) (a) The department shall maintain a publicly accessible registry of kratom
22products for which it has received a certificate of analysis.
AB393-ASA1,2,2523 (b) To maintain the registry under par. (a), the department may charge kratom
24product processors who submits a certificate of analysis under sub. (2) (a) a
25reasonable fee.
AB393-ASA1,3,2
1(5) A person who violates sub. (2) (a) or sub. (3) shall be subject to a fine not
2to exceed $500 or imprisonment not to exceed 30 days, or both.
AB393-ASA1,2 3Section 2 . 941.41 of the statutes is created to read:
AB393-ASA1,3,4 4941.41 Kratom. (1) In this section:
AB393-ASA1,3,55 (a) “Kratom product” has the meaning given in s. 100.365 (1) (b).
AB393-ASA1,3,66 (b) “Processor” has the meaning given in s. 100.365 (1) (c).
AB393-ASA1,3,8 7(2) (a) A processor may not sell, offer for sale, or distribute a kratom product
8if any of the following applies:
AB393-ASA1,3,119 1. The kratom product is mixed or packed with a substance other than kratom
10product that affects the quality or strength of the kratom product to such a degree
11the kratom product may cause injury.
AB393-ASA1,3,1412 2. The kratom product contains a poisonous or otherwise deleterious ingredient
13other than kratom, including any controlled substance, as defined in s. 961.01 (4),
14or any controlled substance analog, as defined in s. 961.01 (4m).
AB393-ASA1,3,1815 3. The kratom product contains a level of 7-hydroxymitragynine in the alkaloid
16fraction that is greater than 2 percent of the alkaloid composition of the kratom
17product in the recommended serving size as shown on the kratom product's
18registered product label.
AB393-ASA1,3,2119 4. The kratom product contains any synthetic alkaloid, including synthetic
20mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived
21compound of the Mitragyna speciosa plant.
AB393-ASA1,3,2522 5. The kratom product does not include a product label on its packaging that
23states the amount of mitragynine and 7-hydroxymitragynine contained in the
24recommended serving size as shown on the kratom product's registered product
25label.
AB393-ASA1,4,1
1(b) A processor who violates par. (a) is guilty of a Class C misdemeanor.
AB393-ASA1,4,52 (c) A processor does not violate par. (a) if the processor shows by a
3preponderance of the evidence that the processor relied in good faith on the
4representation of a manufacturer, a packer, a distributor, or another processor
5relating to a product represented to be a kratom product.
AB393-ASA1,4,7 6(3) (a) No person may sell, offer for sale, or distribute a kratom product to any
7person under the age of 21.
AB393-ASA1,4,88 (b) A person who violates par. (a) is guilty of a Class C misdemeanor.
AB393-ASA1,3 9Section 3 . 961.14 (7) (mk) of the statutes is repealed.
AB393-ASA1,4 10Section 4 . 961.14 (7) (mL) of the statutes is repealed.
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