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Minutes for HB2084 - Committee on Federal and State Affairs
Short Title
Enacting the kratom consumer protection act, defining kratom as a food product, prohibiting the sale of kratom that is adulterated, requiring persons to be at least 18 years of age for the purchase of such product, establishing civil fines for violations of the act and requiring the secretary of agriculture to adopt rules and regulations for the administration of the act.
Minutes Content for Tue, Feb 14, 2023
Chairperson Carpenter asked the Committee to open their folders on HB2084. The revisor provided an overview of the bill (Attachment 1).
Chairperson Carpenter asked that this bill stay amendment free. It is important to get this bill passed. If there is to be any regulation on kratom, then it should be narrowly focused.
Representative Eplee moved to recommend HB2084 favorably for passage, seconded by Representative Kessler.
Representative Haswood moved that HB2084 be amended, seconded by Representative Clayton.
Representative Haswood stated that this amendment would require that kratom products be packaged in child-resistant packaging (Attachment 2).
Following discussion, Representative Haswood closed on her motion to amend. A vote was taken, and the Chairperson was in doubt. Another vote was taken by a raising of hands. The amendment to HB2084 failed to pass by a vote of eleven yes votes and twelve no votes.
Representative Hoye moved to amend HB2084, seconded by Representative Ruiz.
Representative Hoye stated that this amendment has two parts. The first is that each kratom product label shall contain a warning that the FDA has not approved kratom for medical use and if you are pregnant or nursing, to seek the advice of health car professional before using the product. The second amendment authorizes the secretary to confiscate any kratom product found to be contaminated and to issue an order stopping the sale of such products (Attachment 3).
Representative Humphries asked if the amendment could be split into two separate amendments. Both Representative Hoye and Representative Ruiz had no objection to the amendment being split.
Following discussion, Representative Hoye closed on the amendment relating to the warning label be passed. A vote was taken, and division was called. A vote was taken by a raising of hands. The amendment to HB2084 was approved by a vote of 14 yes votes to 9 no votes.
Representative Hoye closed on the amendment relating to the authority of the Secretary to confiscate any contaminated kratom products. Chairperson Carpenter was unsure on the vote. A vote was taken by a raising of hands. The amendment failed to pass by a vote of seven yes votes and 15 no votes.
Representative Hoye moved to amend HB2084 be amended to change the age limit to purchase kratom products from 18 to 21 (Attachment 4), seconded by Representative Ruiz.
Discussion ensued. Representative Hoye closed on her amendment. The amendment to HB2084 was approved.
Representative Eplee moved that HB2084, as amended, be favorably passed, seconded by Representative Thomas. HB2084, as amended,was favorably passed.
The following representatives asked to have their yes votes recorded: Representatives Highberger, S. Miller, Bryce, Boyd, Ruiz, Haswood, Hoye, and Clayton.
