Bill > AB303

Introduced Session

Legislative Counsel's Digest: Section 3of this bill requires the State Board of Pharmacy to adopt regulations 1 governing the production, sale, distribution and advertising of kratom products. 2 Section 2of this bill defines a kratom product. 3 Section 4of this bill prohibits: (1) a person from knowingly selling or offering 4 to sell kratom products to a child who is less than 18 years of age; and (2) the sale 5 of certain adulterated kratom products. Section 4also establishes a civil penalty 6 and a fine for violating those provisions of $1,000 respectively. 7 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 454 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2, 3and 4of this act. 2 Sec. 2. As used in sections 2, 3 and 4 of this act, kratom 3 product means any food product or dietary ingredient containing 4 any part of the leaf of the Mitragyna Speciosa plant. Sec. 3. The Board shall adopt regulations governing the 6 production, sale, distribution and advertising of kratom products. 7 The regulations shall include, without limitation, requirements for 1 the labeling of any kratom product sold in the State. 2 Sec. 4. 1. It is unlawful for a person to knowingly sell or 3 offer to sell any material, compound, mixture or preparation 4 containing a kratom product to a child under the age of 18 years. 5 2. Except as otherwise provided in this subsection, it is 6 unlawful for a person to knowingly prepare, distribute, advertise, 7 sell or offer to sell a kratom product that is adulterated with a 8 substance that affects the quality or strength of the kratom product 9 to such a degree as to render the kratom product injurious to a 10 consumer. A person has not violated the provisions of this 11 subsection if he or she can show by a preponderance of evidence 12 that he or she relied in good faith upon the representations of a 13 manufacturer, processor, packer or distributor of the kratom 14 product. 15 3. A person who violates this section shall be punished by a 16 fine of not more than $1,000 and a civil penalty of not more than 17 $1,000. 18

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Jim Wheeler (R)*,  Steve Yeager (D)*, 

Approved by the Governor. Chapter 429. (on 06/05/2019)

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