[Ord. No. 19-070, 8-26-2019]
The provisions of this Chapter shall apply within and throughout
all parts of St. Charles County, Missouri.
[Ord. No. 19-070, 8-26-2019]
For the purposes of this Chapter, the following definitions
shall apply:
St. Charles County Department of Public Health.
Director of the St. Charles County Department of Public Health.
A food, food product, food ingredient, dietary ingredient,
dietary supplement, or beverage for human consumption.
A substance, food product or dietary ingredient containing
any part of the leaf of the plant Mitragyna speciosa.
Any person or persons, or entity, including, but not limited
to, a corporation, partnership, unincorporated association or joint
venture.
A person who sells, prepares, or maintains kratom products,
or advertises or represents or holds himself or herself out as selling,
preparing, or maintaining kratom products. Such person may include,
but not be limited to, a manufacturer, wholesaler, store, restaurant,
hotel, catering facility, camp, bakery, delicatessen, supermarket,
grocery store, convenience store, nursing home, or food or drink company.
Such a person need not receive any payment or item of pecuniary value
in exchange for the kratom product.
[Ord. No. 19-070, 8-26-2019]
A.
A Seller who prepares, distributes, sells, or exposes for sale a substance or food that is represented to be a kratom product shall disclose on the product label the requirements set forth in Section 237.500 of this Chapter.
B.
A Seller shall not prepare, distribute, sell, or expose for sale a food represented to be a kratom product that does not conform to the disclosure requirement under Subsection (A) of this Section.
C.
A Seller shall not prepare, distribute, sell, or expose for sale
any of the following:
1.
A kratom product that is adulterated with a dangerous non-kratom
substance. A kratom product shall be considered to be adulterated
with a dangerous non-kratom substance if the kratom product is mixed
or packed with a non-kratom 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 non-kratom
substance. A kratom product shall be considered to be contaminated
with a dangerous non-kratom substance if the kratom product contains
a poisonous or otherwise deleterious non-kratom ingredient, including,
but not limited to, any substance listed in Section 195.017, RSMo.,
as amended;
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 alkaloids, including
syntheticmitragynine, synthetic 7-hydroxymitragynine, or any other
synthetically derived compounds of the plant Mitragyna speciosa; or
5.
A kratom product that does not include on its package or label
the amount of mitragynine and 7-hydroxymitragynine contained in the
product.
D.
A Seller shall not distribute, sell, or expose for sale a kratom
product to an individual under eighteen (18) years of age.
[Ord. No. 19-070, 8-26-2019]
A.
No person shall become a Seller of any kratom product without first
having obtained a City and County business license and registered
as a Kratom Seller with the Department as provided by this Section.
Each location where any kratom product is prepared, distributed, sold,
or exposed for sale shall require its own registration.
B.
Any Person desiring to register as a Kratom Seller shall make written
application to the Department in a format prescribed by the Director.
If a Person desires to register as a Kratom Seller for more than one
(1) location, a separate application shall be required for each individual
location.
C.
Any person applying for registration as a Kratom Seller must submit
the following:
1.
A completed Kratom Seller Registration Application;
2.
Sample labels for kratom products that will be available at the location that comply with the requirements set forth in Section 237.500 of this Chapter;
3.
A written policy with procedures that will be implemented to ensure compliance with Section 237.200(D);
4.
A registration fee of six hundred dollars ($600.00).
D.
Kratom Seller Registration Approval. When a Person has successfully
met all of the requirements for registration as a Kratom Seller, the
Director shall register such Person as a Seller on the Kratom Seller
Register for the location for which the application was made. The
Person shall remain on the Kratom Seller Register for said location
for period of two (2) years from the date of registration, unless
that Person is subject to suspension or removal from the Kratom Seller
Registration as set forth in this Chapter.
E.
Consent By Registration. The Department may require Sellers on the
Kratom Seller Register to consent to access to the location for which
the application was made for inspections as part of their registration.
Failure to allow access for inspections as required may result in
the suspension or removal of the Seller from the Kratom Seller Register.
F.
Suspension And Removal For The Kratom Seller Register.
1.
The Director shall provide a warning notice, in writing, sent
by certified mail or hand delivered to a Seller on the Kratom Seller
Register if the Director finds one (1) or more of the following occurred:
2.
The Director may suspend a Seller from the Kratom Seller Register
for a period of up to ninety (90) days if the Director finds one (1)
or more of the following occurred and has not been resolved within
thirty (30) days of the date the initial warning was delivered in
accordance with this Section:
3.
In the event that the Director suspends a Seller from the Kratom
Seller Register, the Director shall provide notice of the reason(s)
for the suspension, in writing, sent by certified mail or hand delivered
to the Seller. The Seller, upon request, shall be entitled to a hearing
before the Director or his or her designee within five (5) business
days from the request in order to provide information or evidence
that the Seller resolved the issue written in the initial warning
notice. The decision of the Director after the hearing and the reasons
therefore shall be sent by certified mail or hand delivered to the
Seller.
4.
Upon proof shown that the basis for suspension has been cured,
the Director shall lift the Seller's suspension and shall provide
written notice sent by certified mail or hand delivery to the Seller.
5.
Failure to cure the violation(s) within the ninety-day suspension
period shall result in the Seller's removal from the Kratom Seller
Register. Such notice of revocation shall be sent by certified mail
or hand delivered to the Seller.
[Ord. No. 19-070, 8-26-2019]
A.
Five (5) statements are required: 1) the statement of identity (name
of the dietary supplement); 2) the net quantity of contents statement
(amount of the dietary supplement); 3) the nutrition labeling; 4)
the ingredient list; and 5) the name and place of business of the
manufacturer, packer, or distributor. Statements shall be written
in print or type size that is prominent, conspicuous and easy to read.
B.
The Department of Public Health shall ensure that all sellers provide
a written statement of the following, in no less than ten (10) point
type, with each sale of a Kratom product:
1.
Kratom products are not regulated by any regulatory body, there
is no purity standard for manufacturing and there are no dose recommendations
arising from study of the substance.
2.
Kratom, particularly if being taken in combination with any
medication that depresses respiration, whether the medication is a
prescription or over the counter, should not be taken without consulting
your physician.
3.
Kratom has been established to affect the muopioid receptors
in the brain.
[Ord. No. 19-070, 8-26-2019]
Any person who violates any provision of this Chapter shall
be fined up to five hundred dollars ($500.00) for the first offense
and up to one thousand dollars ($1,000.00) for the second or subsequent
offense. Each and every day that such violation continues shall constitute
a separate offense.
[Ord. No. 19-070, 8-26-2019]
The Office of the County Counselor shall be responsible for
prosecuting these cases or pursuing other legal remedies for the violations
of this Chapter.
