Vermont S 121: An act relating to Adjutant and Inspector General

Bill Text

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VT LEG #381090 v.1
S.121 1
Introduced by Senators Vyhovsky, Gulick and White 2
Referred to Committee on 3
Date: 4
Subject: Health; labeling of food, drugs, cosmetics, and hazardous substances; 5
kratom 6
Statement of purpose of bill as introduced: This bill proposes to require the 7
Department of Health to develop and maintain a registry for kratom products 8
prepared, manufactured, sold, distributed, or maintained in the State. It further 9
proposes labeling requirements for kratom products prepared, sold, delivered, 10
or maintained in the State and enforcement standards for violations of the 11
proposed provisions. 12
An act relating to the regulation of kratom products 13
It is hereby enacted by the General Assembly of the State of Vermont: 14
Sec. 1. SHORT TITLE 15
This act may be cited as the “Kratom Consumer Protection Act.” 16
Sec. 2. 18 V.S.A. chapter 82, subchapter 3 is added to read: 17
Subchapter 3. Kratom Consumer Protection Act 18
§ 4091. DEFINITIONS 19
As used in this subchapter: 20

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VT LEG #381090 v.1
(1) “Attractive to children” means the preparation, manufacturing, or 1
packaging of a kratom product in a manner that bears any reasonable 2
resemblance to an existing candy product or branded food product so as to be 3
easily mistaken for the candy product or the branded product, especially by 4
children. 5
(2) “Department” means the Department for Health. 6
(3) “Distributor” means a person that sells, distributes, or maintains 7
kratom products in the State or a person who advertises, represents, or holds 8
themselves out as selling, distributing, or maintaining kratom products in the 9
State. 10
(4) “Extract” means a substance or compound obtained by extraction of 11
the leaf of the plant Mitragyna speciosa, intended for ingestion, which contains 12
more than trace amounts of Mitragyna speciosa and other alkaloids of the plant 13
and does not contain any controlled substances or levels of residual solvents 14
higher than permitted by the U.S. Pharmacopeia 467. 15
(5) “Independent laboratory testing” means a laboratory that is 16
accredited by a third-party accrediting body as a competent testing laboratory 17
pursuant to ISO/IEC 17025 of the International Organization for 18
Standardization. 19
(6) “Kratom” means the plant Mitragyna speciosa or any part of the 20
plant. 21

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VT LEG #381090 v.1
(7) “Kratom food service establishment” means a food service 1
establishment licensed pursuant to chapter 85 of this title that sells or 2
distributes: 3
(A) kratom as a beverage prepared on-site; or 4
(B) a prepackaged kratom beverage or finished kratom product. 5
(8) “Kratom product” or “product” means a finished article containing 6
any part of the leaf of the plant Mitragyna speciosa in fresh, dehydrated, or 7
dried form, or a kratom extract. 8
(9) “Processor” means a person who prepares, manufactures, sells, or 9
maintains kratom products in the State or a person who advertises, represents, 10
or holds themselves out as preparing, manufacturing, selling, or maintaining 11
kratom products in the State. 12
(10) “Retailer” means a person who sells, distributes, advertises, or 13
represents kratom products or a person who holds themself out as selling, 14
distributing, advertising, or representing kratom products. 15
(11) “Synthesized material” means an alkaloid, metabolite, or alkaloid 16
derivative that has been created by chemical synthesis or biosynthetic means, 17
including fermentation, recombinant techniques, yeast-derived, and enzymatic 18
techniques, rather than traditional food preparation techniques, such as heating 19
or extracting, that synthetically alters the composition of any kratom alkaloid 20
or constituent. 21

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VT LEG #381090 v.1
§ 4092. KRATOM PRODUCT PROHIBITIONS 1
A processor or distributor shall not prepare, manufacture, sell, offer for sale, 2
distribute, or maintain in the State any kratom product that: 3
(1) contains or is adulterated with a dangerous non-kratom substance, 4
including a poisonous or otherwise deleterious non-kratom ingredient or 5
substance listed as a controlled substance under State or federal law; 6
(2) is mixed with another compound that is known to inhibit key 7
cytochrome P450 enzymes, including CYP3A4 or CYP2D6, or both, unless a 8
specific mixture is scientifically validated safe under the intended conditions of 9
use and are permitted by the Department by rule; 10
(3) is a kratom extract product that contains levels of residual solvents 11
exceeding those allowed in the U.S. Pharmacopeia; 12
(4) contains synthesized material; 13
(5) is in a form that is combustible, intended to be used for vaporization, 14
or injectable; 15
(6) is prepared, manufactured, or packaged in a manner that is attractive 16
to children; and 17
(7) is not registered on the Department’s registry pursuan