(a) person: Kratom product regulation; penalties

(a) person: Kratom product regulation; penalties. A person is guilty of a violation of this act if the (i) Knowingly prepares, distributes, delivers, advertises, sells or offers for sale a kratom product: (A) That is adulterated; (B) To a person less than twenty-one (21) years of age; (C) That contains a level of 7-hydromitragynine in the alkaloid fraction that is greater than two percent (2%) of the alkaloid composition of the kratom product; (D) That is a confection, mimics a candy product or is manufactured, packaged, labeled or distributed in a way that is appealing to children, including in the distinct shape of a human, animal or fruit; or (E) That is combustible or intended for vaporization. (ii) Knowingly prepares, distributes, delivers, advertises, sells or offers for sale a kratom product that does not have a label that clearly and conspicuously states on each retail package: (A) The name and address for the place of business of the manufacturer or distributor of the kratom product; (B) The full list of ingredients of the kratom (C) Disclosure and advice: product; (I) Against use by persons who are less than twenty-one (21) years of age, pregnant or breastfeeding; (II) To consult a health care provider (III) That the use of kratom products may prior to use; be habit forming; (IV) That kratom products may interact with certain medications, drugs and controlled substances. (D) The following statements: (I) "These statements have not been evaluated by the United States food and drug administration. This product is not intended to diagnose, treat, cure or prevent any disease."; and (II) (E) "Keep out of reach of children." Directions for use that include: (I) A recommended amount of the kratom (II) The number of recommended servings per product per serving; package; (III) A recommended number of servings of the kratom product that can be safely consumed in a twenty-four (24) hour period; and (IV) Quantitative declarations of the amounts of mitragynine and 7-hydroxymitragynine per serving of the kratom product. (iii) Displays or stores kratom products in a retail location in a manner that would permit the products to be accessed by persons less than twenty-one (21) years of age; or (iv) Manufactures, packages, distributes or labels a kratom product or delivers a kratom product to a person less than twenty-one (21) years of age that: (A) Contains synthesized alkaloids or semisynthesized alkaloids; or (B) Has a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent (2%) of the alkaloid composition of the product. (b) A violation of this act is a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both. (c) The state chemist shall, pursuant to W.S. 35-7-201 and when requested by law enforcement or the department of health, analyze kratom products to determine whether the requirements of paragraphs (a)(i) and (iv) of this section are being followed. (d) Any retailer violating this act for a third or subsequent time within a two (2) year period may be subject to an injunction. The department of health or the district attorney of the county in which the offense occurred may petition the district court for an injunction to prohibit the sale of kratom products in the establishment where the violation occurred. If a court finds that the retailer in the action has violated the provisions of this act for a third or subsequent time within a two (2) year period and may continue to violate this act, it may grant an injunction prohibiting the retailer from selling kratom products in the establishment where the violation occurred for a period of not more than one hundred eighty (180) days. For the purposes of this subsection, multiple violations occurring before the petition for the injunction is filed shall be deemed part of the violation for which the injunction is sought. If the person against whom the injunction is sought operates multiple, geographically separate establishments, the injunction shall apply only to the establishment where the violation occurred. The injunction shall prohibit all sales of kratom products in the establishment where the violation occurred, regardless of any change in ownership or management of the establishment that is not a bona fide, arms length transaction while the injunction is in effect. (e) It is an affirmative defense to a prosecution under this act that, in the case of a sale, the retailer who sold the kratom product was presented with, and reasonably relied upon, an identification card which identified the person buying or receiving the kratom product as being over twenty-one (21) years of age. (f) Notwithstanding the provisions of this act, no fine for a violation of subsection (a) of this section shall be imposed for a first offense in any twenty-four (24) month period if a retailer can show it has: (i) Adopted and enforced a written policy against selling kratom products to persons under the age of twenty-one (21) years; (ii) Informed its employees of the applicable laws regarding the sale of kratom products to persons under the age of twenty-one (21) years; (iii) Required employees to verify the age of kratom product customers by way of photographic identification or by means of electronic transaction scan device; and (iv) Established and imposed disciplinary sanctions for noncompliance.