SB3372

SECTION 1. Chapter 328, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . HAWAII KRATOM CONSUMER PROTECTION ACT

§328- Short title. This part shall be known and may be cited as the Hawaii Kratom Consumer Protection Act.

§328- Definitions. As used in this part, unless the context otherwise requires:

"Food" means a food, food product, food ingredient, dietary ingredient, dietary supplement, or beverage for human consumption.

"Kratom" means any part of the leaf of the plant Mitragyna speciosa.

"Kratom product" means a food product or ingredient containing kratom.

"Vendor" means any person who sells, prepares, or maintains kratom products or that advertises, represents, or holds oneself out as selling, preparing, or maintaining kratom products. "Vendor" includes a manufacturer, wholesaler, store, restaurant, hotel, catering facility, camp, bakery, delicatessen, supermarket, grocery store, convenience store, nursing home, or food or drink company.

§328- Vendor disclosure requirements. (a) A vendor who prepares, distributes, sells, or exposes for sale a food or product that contains kratom as an ingredient or that is represented to be a kratom product shall disclose on the product label or website, or on a quick response code on the product label linked to a website, the factual basis on which that representation is made.

(b) A vendor shall not prepare, distribute, sell, or expose for sale a food or product that contains kratom as an ingredient or that is represented to be a kratom product that does not conform to the disclosure required by this section.

§328- Prohibited kratom products; labeling requirements; sale to minors prohibited; test results. (a) A vendor shall not prepare, distribute, sell, or expose for sale any of the following:

(1) A kratom product that is adulterated with a nonkratom substance. For purposes of this paragraph, "adulterated with a nonkratom substance" means the kratom product is mixed or packed with a nonkratom substance and that substance affects the quality or strength of the kratom product to a degree as to render the kratom product injurious to a consumer;

(2) A kratom product that is contaminated with a dangerous nonkratom substance. For purposes of this paragraph, "contaminated with a dangerous nonkratom substance" means the kratom product contains a substance that is not safe for human consumption;

(3) A kratom product containing a level of 7‑hydroxymitragynine in the alkaloid fraction that is greater than two per cent of the alkaloid composition of the product;

(4) A kratom product containing any synthetic alkaloid, including synthetic mitragynine, synthetic 7‑hydroxymitragynine, or any other synthetically derived compounds of the kratom plant; or

(5) A kratom product containing any controlled substance listed in any of the schedules under chapter 329, unless the product is compounded by a licensed pharmacist with the controlled substance dispensed in accordance with a valid prescription.

(b) Kratom products shall be accompanied by a product label, or on a quick response code on the product label linked to a website, bearing the following information prior to sale in the State:

(1) A list of the ingredients, including the common or usual name of each ingredient used in the manufacture of the kratom product, listed in descending order of predominance;

(2) That the sale or transfer of kratom to a person under eighteen years of age is prohibited;

(3) The amount of mitragynine and 7-hydroxymitragynine contained in the kratom product;

(4) The amount of mitragynine and 7-hydroxymitragynine contained in packaging for the kratom product;

(5) The name and the principal street address of the vendor or the person responsible for distributing the kratom product;

(6) The suggested use of the kratom product; and

(7) Any precautionary statements as to the safety and effectiveness of the kratom product.

(c) A vendor shall not distribute, sell, or expose for sale a kratom product to an individual under eighteen years of age.

(d) Upon request by the department, a vendor shall provide test results from a United States-based testing facility to confirm the items listed on the kratom product label.

§328- Penalties; cause of action; standard of proof. (a) The owner or manager of a vendor who violates any of the provisions of this part shall subject to the following penalties:

(1) For the first offense, a fine of not more than $500;

(2) For the second offense, a fine of not more than $1,000; and

(3) For any subsequent offense, the vendor shall be prohibited from selling kratom products for a period of three years.

(b) The owner or manager of a vendor who violates the prohibition against selling kratom products during the three-year period under subsection (a)(3) shall be guilty of a misdemeanor and, upon conviction, be fined not more than $2,000, or imprisoned for not more than one year, or both.

(c) A person aggrieved by a violation of this part may bring a cause of action in a court of competent jurisdiction for damages resulting from that violation including but not limited to economic, noneconomic, or consequential damages.

(d) A vendor shall be immune from liability for actions arising under this part if the court finds by a preponderance of the evidence that the vendor relied in good faith on the representation of a manufacturer, processor, packager, or distributor that the food was a kratom product."

SECTION 2. This Act shall take effect on January 1, 2025.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	3372
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII