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    Colorado Senate Bill 22-120: Passed Version

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    Michael_Roberts2019
    This bill requires the executive director of the Colorado Department of Revenue to submit a report by January 4, 2023 analyzing the feasibility of regulating kratom products, processors, and retailers in Colorado. The report must identify and consider legislative action on various subjects related to kratom regulation including appropriate definitions, age restrictions, testing programs, manufacturing standards, health event reporting, advertising, and penalties for violations. It also requires engaging with stakeholders to inform the report. This section of the bill repeals on July 1, 2023. The bill takes effect on the date following the 90-day period after final adjournment of the general assembly, unless a referendum is filed, in which case it would take effect upon approval by

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    Colorado Senate Bill 22-120: Passed Version

    Uploaded by

    Michael_Roberts2019
    185 views5 pages
    This bill requires the executive director of the Colorado Department of Revenue to submit a report by January 4, 2023 analyzing the feasibility of regulating kratom products, processors, and retailers in Colorado. The report must identify and consider legislative action on various subjects related to kratom regulation including appropriate definitions, age restrictions, testing programs, manufacturing standards, health event reporting, advertising, and penalties for violations. It also requires engaging with stakeholders to inform the report. This section of the bill repeals on July 1, 2023. The bill takes effect on the date following the 90-day period after final adjournment of the general assembly, unless a referendum is filed, in which case it would take effect upon approval by

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    Colorado Senate Bill 22-120: Passed Version

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    This bill requires the executive director of the Colorado Department of Revenue to submit a report by January 4, 2023 analyzing the feasibility of regulating kratom products, processors, and retailers in Colorado. The report must identify and consider legislative action on various subjects related to kratom regulation including appropriate definitions, age restrictions, testing programs, manufacturing standards, health event reporting, advertising, and penalties for violations. It also requires engaging with stakeholders to inform the report. This section of the bill repeals on July 1, 2023. The bill takes effect on the date following the 90-day period after final adjournment of the general assembly, unless a referendum is filed, in which case it would take effect upon approval by

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    185 views5 pages

    Colorado Senate Bill 22-120: Passed Version

    Uploaded by

    Michael_Roberts2019
    This bill requires the executive director of the Colorado Department of Revenue to submit a report by January 4, 2023 analyzing the feasibility of regulating kratom products, processors, and retailers in Colorado. The report must identify and consider legislative action on various subjects related to kratom regulation including appropriate definitions, age restrictions, testing programs, manufacturing standards, health event reporting, advertising, and penalties for violations. It also requires engaging with stakeholders to inform the report. This section of the bill repeals on July 1, 2023. The bill takes effect on the date following the 90-day period after final adjournment of the general assembly, unless a referendum is filed, in which case it would take effect upon approval by

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    Second Regular Session

    Seventy-third General Assembly


    STATE OF COLORADO
    REREVISED
    This Version Includes All Amendments
    Adopted in the Second House
    LLS NO. 22-0128.01 Sarah Lozano x3858 SENATE BILL 22-120
    SENATE SPONSORSHIP
    Ginal and Coram, Buckner, Gonzales, Lee, Priola, Winter

    HOUSE SPONSORSHIP
    Sullivan, Garnett, Hooton, Lindsay, Ricks, Woodrow

    3rd Reading Unamended


    May 10, 2022
    HOUSE
    Senate Committees House Committees
    Finance Health & Insurance
    Appropriations Finance

    Amended 2nd Reading


    A BILL FOR AN ACT

    May 9, 2022
    HOUSE
    101 CONCERNING THE REGULATION OF KRATOM PROCESSORS, AND, IN
    102 CONNECTION THEREWITH, MAKING AN APPROPRIATION.

    Bill Summary

    (Note: This summary applies to this bill as introduced and does


    not reflect any amendments that may be subsequently adopted. If this bill
    passes third reading in the house of introduction, a bill summary that 3rd Reading Unamended
    applies to the reengrossed version of this bill will be available at April 5, 2022
    SENATE

    http://leg.colorado.gov.)

    Effective January 1, 2023, the bill requires that, prior to selling or


    offering for sale any kratom product, each kratom processor must register
    with the department of revenue (department) and disclose certain
    information regarding each of the kratom processor's kratom products.
    Amended 2nd Reading

    The bill also:


    ! Establishes the minimum requirements for kratom
    April 4, 2022
    SENATE

    Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.


    Capital letters or bold & italic numbers indicate new material to be added to existing statute.
    Dashes through the words indicate deletions from existing statute.
    products;
    ! Prohibits the sale of kratom products to individuals under
    18 years of age;
    ! Requires a kratom processor to notify the department
    within 7 days after being notified that an adverse effect
    report was made with the federal food and drug
    administration regarding any of the kratom processor's
    kratom products; and
    ! Authorizes the department to investigate adverse effect
    reports to determine whether a kratom processor has
    violated any of the standards specified in the bill.
    The executive director of the department is required to adopt rules
    to administer and enforce the bill.

    1 Be it enacted by the General Assembly of the State of Colorado:


    2 SECTION 1. In Colorado Revised Statutes, add 44-1-105 as
    3 follows:
    4 44-1-105. Feasibility report - regulation of kratom - repeal.
    5 (1) ON OR BEFORE JANUARY 4, 2023, THE EXECUTIVE DIRECTOR SHALL
    6 SUBMIT TO THE GENERAL ASSEMBLY A REPORT ANALYZING THE

    7 FEASIBILITY OF REGULATING KRATOM PRODUCTS, KRATOM PROCESSORS,

    8 AND KRATOM RETAILERS. THE REPORT MUST IDENTIFY, CONSIDER, AND


    9 RECOMMEND LEGISLATIVE ACTION ADDRESSING THE FOLLOWING

    10 SUBJECTS:

    11 (a) THE APPROPRIATE STATE AGENCY OR AGENCIES TO REGULATE


    12 THE MANUFACTURE, SALE, OFFERING FOR SALE, POSSESSION, OR USE OF

    13 KRATOM PRODUCTS;

    14 (b) APPROPRIATE DEFINITIONS OF TERMS INCLUDING

    15 "PROCESSING", "SELLING", "ADVERTISING", "KRATOM", AND "KRATOM

    16 PRODUCTS";

    17 (c) APPROPRIATE AGE RESTRICTIONS FOR KRATOM PURCHASING


    18 AND CONSUMPTION;

    -2- 120
    1 (d) FEASIBILITY AND ENFORCEMENT OF UNDERAGE COMPLIANCE
    2 CHECKS;

    3 (e) A TESTING PROGRAM FOR IDENTIFYING KRATOM PRODUCTS;


    4 (f) AN EVALUATION OF THE COMPETENCIES AND CAPABILITIES OF
    5 EXISTING PRIVATE THIRD-PARTY LABORATORIES TO MANAGE KRATOM

    6 TESTING;

    7 (g) THE APPROPRIATE STANDARDS FOR LABORATORY

    8 ACCREDITATION AND PERFORMANCE;

    9 (h) TESTING REQUIREMENTS FOR IDENTIFYING KRATOM THAT IS


    10 OFFERED FOR SALE TO A COLORADO CONSUMER;

    11 (i) CONSIDERATION OF TYPES OF KRATOM PRODUCTS THAT ARE


    12 AVAILABLE AS FOOD, INCLUDING TEA POWDERS, GUMMIES, BEVERAGES,

    13 PILLS, CAPSULES, AND EXTRACTS;

    14 (j) THE TYPES OF KRATOM PRODUCTS THAT SHOULD NOT BE

    15 PERMITTED TO BE SOLD OR OFFERED FOR SALE;

    16 (k) SERVING SIZES AND RELATED RESTRICTIONS;


    17 (l) LABELING REQUIREMENTS INCLUDING A PROHIBITION ON

    18 UNPROVEN HEALTH OR MEDICAL BENEFIT CLAIMS;

    19 (m) MANUFACTURING PROCESSES AND REQUIREMENTS FOR

    20 PROCESSORS;

    21 (n) CURRENT GOOD MANUFACTURING PROCESS REQUIREMENTS

    22 UNDER REGULATIONS PROMULGATED BY THE FEDERAL DRUG

    23 ADMINISTRATION FOR ANY VENDOR PROCESSING KRATOM;

    24 (o) ADVERSE HEALTH-EVENT REPORTING REQUIREMENTS AND

    25 PRODUCT RECALLS;

    26 (p) ADVERTISING REQUIREMENTS, LIMITATIONS, AND

    27 PROHIBITIONS;

    -3- 120
    1 (q) TAX AND FEE CONSIDERATIONS;
    2 (r) RECORDKEEPING;
    3 (s) TRACEABILITY;
    4 (t) CRIMINAL AND ADMINISTRATIVE PENALTIES FOR VIOLATIONS;
    5 (u) RECOMMENDATIONS REGARDING AN OPERABLE TIMELINE FOR
    6 IMPLEMENTATION OF A REGULATORY FRAMEWORK FOR KRATOM;

    7 (v) FISCAL IMPACTS AND RESOURCE REQUIREMENTS FOR

    8 IMPLEMENTATION AND ONGOING ADMINISTRATION OF A REGULATORY

    9 PROGRAM FOR KRATOM; AND

    10 (w) ALTERNATIVES, INCLUDING CONSUMER PROTECTION

    11 REQUIREMENTS SUCH AS LIABILITY INSURANCE REQUIREMENTS,

    12 PROHIBITIONS, AND CRIMINAL PENALTIES, TO STATE REGULATION OF

    13 KRATOM.

    14 (2) THE DEPARTMENT SHALL ENGAGE RELEVANT STAKEHOLDERS,


    15 INCLUDING KRATOM PROCESSORS, KRATOM CONSUMERS, KRATOM

    16 RETAILERS, PUBLIC HEALTH OFFICIALS, LEGISLATIVE MEMBERS, RELEVANT

    17 STATE AGENCIES WITH EXPERTISE IN SIMILAR REGULATORY FIELDS, LOCAL

    18 GOVERNMENTS, AND OTHER INTERESTED STAKEHOLDERS, IN ORDER TO

    19 INFORM THE FEASIBILITY REPORT DESCRIBED IN SUBSECTION (1) OF THIS

    20 SECTION.

    21 (3) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2023.


    22 SECTION 2. Act subject to petition - effective date. This act
    23 takes effect at 12:01 a.m. on the day following the expiration of the
    24 ninety-day period after final adjournment of the general assembly; except
    25 that, if a referendum petition is filed pursuant to section 1 (3) of article V
    26 of the state constitution against this act or an item, section, or part of this
    27 act within such period, then the act, item, section, or part will not take

    -4- 120
    1 effect unless approved by the people at the general election to be held in
    2 November 2022 and, in such case, will take effect on the date of the
    3 official declaration of the vote thereon by the governor.

    -5- 120

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