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§ 1-1432.4. Prohibited products--Labeling requirements--Distribution to minors prohibited--Test...

Oklahoma Statutes AnnotatedTitle 63. Public Health and SafetyEffective: November 1, 2021

Oklahoma Statutes Annotated
Title 63. Public Health and Safety (Refs & Annos)
Chapter 1. Public Health Code
Article 14. Drugs, Devices and Cosmetics
Kratom Consumer Protection Act
Effective: November 1, 2021
63 Okl.St.Ann. § 1-1432.4
§ 1-1432.4. Prohibited products--Labeling requirements--Distribution 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. A kratom product is adulterated with a nonkratom substance if the kratom product is mixed or packed with a nonkratom substance and that substance affects the quality or strength of the kratom product to such a degree as to render the kratom product injurious to a consumer;
2. A kratom product that is contaminated with a dangerous nonkratom substance. A kratom product is contaminated with a dangerous nonkratom substance if 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 percent (2%) 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 the Uniform Controlled Dangerous Substances Act,1 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 label, or a quick response (QR) code on the product label linked to a website, bearing the following information prior to its sale in this state:
1. A list of the ingredients, which shall include the common or usual name of each ingredient used in the manufacture of the product, listed in descending order of predominance;
2. That the sale or transfer of kratom to a person under eighteen (18) years of age is prohibited;
3. The amount of mitragynine and 7-hydroxymitragynine contained in the product;
4. The amount of mitragynine and 7-hydroxymitragynine contained in packaging for the product;
5. The name and the principal street address of the vendor or the person responsible for distributing the product;
6. The suggested use of the product; and
7. Any precautionary statements as to the safety and effectiveness of the product.
C. A vendor may not distribute, sell or expose for sale a kratom product to an individual under eighteen (18) years of age.
D. Upon request by the State Department of Health, the vendor shall provide test results from a United States-based testing facility to confirm the items listed on the product label.

Credits

Laws 2021, c. 500, § 4, eff. Nov. 1, 2021.

Footnotes

Title 63, § 2-101 et seq.
63 Okl. St. Ann. § 1-1432.4, OK ST T. 63 § 1-1432.4
Current with emergency effective legislation through Chapter 106 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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