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IL HB4186

IL HB4186
KRATOM CONSUMER PROTECTION


summary

Introduced
10/19/2021
In Committee
02/18/2022
Crossed Over
Passed
Dead
04/08/2022

Introduced Session

102nd General Assembly

Bill Summary

Creates the Kratom Consumer Protection Act. Establishes safety requirements for the preparation, distribution, sale, and exposure for sale of Kratom products and extracts. Prohibits the preparation, distribution, sale, and exposure for sale of adulterated Kratom products and extracts. Provides that a processor of Kratom products that violates the Act is subject to an administrative penalty of not more than $5,000 for the first offense and not more than $10,000 for the second or subsequent offense. Provides that the penalty shall be collected by the Department of Public Health and paid into the Food and Drug Safety Fund. Upon the request of a person to whom an administrative penalty is issued, the Director of Public Health shall conduct a hearing in accordance with the Illinois Administrative Procedure Act. Provides that a processor shall not distribute, sell, or expose for sale a Kratom product to a person under 18 years of age. Provides that a person who violates the age restrictions shall be punished as provided in the Kratom Control Act. Provides that a retailer does not violate the Act if it is shown by a preponderance of the evidence that the retailer relied in good faith upon the representations of a manufacturer, processor, packer, or distributor of food represented to be a Kratom product.

AI Summary

This bill creates the Kratom Consumer Protection Act, which establishes safety requirements for the preparation, distribution, sale, and exposure for sale of Kratom products and extracts. It prohibits the sale of adulterated or contaminated Kratom products, sets limits on the levels of certain compounds, and requires adequate labeling. The bill also prohibits the sale of Kratom products to minors under 18 years of age, and imposes administrative penalties of up to $5,000 for the first offense and $10,000 for subsequent offenses for processors who violate the law. The bill provides a defense for retailers who relied in good faith on a manufacturer's representations about the Kratom products.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

Rule 19(a) / Re-referred to Rules Committee (on 02/18/2022)

bill text


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