(a) A person shall not prepare, distribute, sell, possess, or advertise any of the following: (1) A kratom product that is a conventional food or beverage or labeled as a conventional food or beverage product. (2) A kratom product that contains any substance that is poisonous, harmful, or injurious to health. (3) A kratom product that contains a substance other than a non-psychoactive substance necessary for the preparation, processing, or manufacturing of said product. (4) A kratom extract that contains levels of residual solvents higher than is allowed in the U.S. Pharmacopeia 467. (5) A kratom product containing any synthetic alkaloids including synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compounds of the kratom plant. (6) A kratom product that contains a heavy metal that exceeds any of the following limits in parts per million: (i) Arsenic <2 (ii) Cadmium <0.82 (iii) Lead <1.2 (iv) Mercury <0.4 (7) A kratom product in any form that is combustible or intended to be used for vaporization, aerosolization, or injection. (8) A kratom product in any form that mimics a candy product or is manufactured, packaged, or advertised in a way that can be reasonably considered to appeal to individuals under twenty-one (21) years. (9) A kratom product not contained in child-resistant packaging that meets the standards set forth in 16 C.F.R 1700.15(b) when tested in accordance with 16 C.F.R 1700.20. All persons holding valid licenses pursuant to § 21-28.12 shall ensure that kratom and/or any kratom product sold by the licensee and intended for human consumption shall meet requirements related to child-resistant packaging. (10) A kratom product that contains a concentration ratio that is: (i) Greater than 150 mg of mitragynine per serving; (ii) Greater than 0.5 mg 7-hydroxymitragynine per gram; or (iii) Greater than 1 mg 7-hydroxymitragynine per serving. (11) A kratom product that contains more than one percent of 7-hydroxymitragynine by percentage of total kratom alkaloids. (12) Kratom or a kratom product that does not provide clearly visible labeling including, but not limited to: (i) A recommendation to consult a healthcare professional prior to use; (ii) A statement that kratom may be habit forming; (iii) A statement that kratom is not safe for use while pregnant or breastfeeding; (iv) A warning that the product may result in dangerous medication interactions. (v) The following statement: “These statements have not been evaluated by the United States Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.”; (vi) The net quantity of contents declared in numerical count (e.g., thirty (30) capsules), or in volume or weight in United States Customary System terms; (A) The amount of mitragynine and/or 7-hydroxymitragynine contained in a serving in said kratom product; (B) A recommended amount of the kratom product per serving; and (C) A recommended number of servings that can be safely consumed in a twenty-four-hour (24) period. (vii) The total amount of mitragynine and 7-hydroxymitragynine contained in the kratom product; (viii) A statement that this product should be stored safely and out of the reach of children; (ix) The name, physical non-post office box address of the manufacturer. (b) Kratom and kratom products sold at retail must be sold by a licensed retailer and must be obtained from a licensed manufacturer, importer, or distributor. (c) All kratom and kratom products that do not comply with subsection (a) of this section shall be deemed contraband.
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