SB445: Bill Text

SB445,,9 (2) A processor may not prepare, process, sell, offer for sale, or distribute a kratom product if any of the following applies:

SB445,,10 (a) The kratom product is not registered with the department under sub. (4).

SB445,,11 (b) The processor is not licensed as a food processing plant under s. 97.29.

SB445,,12 (3) A person may not sell, offer for sale, or distribute a kratom product unless any of the following applies:

SB445,,13 (a) For in-person sales, the person keeps or displays the kratom product in a manner in which only store employees can access the kratom product before sale.

SB445,,14 (b) For online sales, the person verifies the buyer’s identity, age, and location.

SB445,,15 (4) The department shall maintain a registry, accessible by the public, that includes the kratom products that may be sold in this state.

SB445,,16 (5) The department may seize and destroy any kratom products offered for sale in this state that are not registered under sub. (4).

SB445,,17 (6) The department shall promulgate rules for the administration and enforcement of this section, including all of the following:

SB445,,18 (a) Standards for testing a kratom product for safety for human or animal consumption.

SB445,,19 (b) Standards for accurate labeling.

SB445,,20 (c) Requirements and methods for adding a kratom product to the registry under sub. (4).

SB445,,21 (d) A fee for registering a product under sub. (4).

SB445,,22 (e) Monetary penalties for violating subs. (2) (a) or (b) and (3) (a) or (b).

SB445,2 Section 2. 941.41 of the statutes is created to read:

SB445,,24 941.41 Kratom. (1) In this section:

SB445,,25 (a) “Kratom product” has the meaning given in s. 100.365 (1) (a).

SB445,,26 (b) “Processor” has the meaning given in s. 100.365 (1) (b).

SB445,,27 (2) (a) A processor may not sell, offer for sale, or distribute a kratom product if any of the following applies:

SB445,,28 1. The kratom product is mixed or packed with a substance other than kratom product that affects the quality or strength of the kratom product to such a degree the kratom product may cause injury.

SB445,,29 2. The kratom product contains a poisonous or otherwise deleterious ingredient other than kratom, including any controlled substance, as defined in s. 961.01 (4), or any controlled substance analog, as defined in s. 961.01 (4m).

SB445,,30 3. The kratom product contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 1 percent of the alkaloid composition of the kratom product.

SB445,,31 4. The kratom product contains any synthetic alkaloid, including synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compound of the Mitragyna speciosa plant.

SB445,,32 5. The kratom product does not include a product label on its packaging that states the amount of mitragynine and 7-hydroxymitragynine contained in the packaged kratom product.

SB445,,33 (b) A processor who violates par. (a) is guilty of a Class C misdemeanor.

SB445,,34 (c) A processor does not violate par. (a) if the processor shows by a preponderance of the evidence that the processor relied in good faith on the representation of a manufacturer, a packer, a distributor, or another processor relating to a product represented to be a kratom product.

SB445,,35 (3) (a) No person may sell, offer for sale, or distribute a kratom product to any person under the age of 21.

SB445,,36 (b) A person who violates par. (a) is guilty of a Class C misdemeanor.

SB445,3 Section 3. 961.14 (7) (mk) of the statutes is repealed.

SB445,4 Section 4. 961.14 (7) (mL) of the statutes is repealed.

SB445,,39 (end)