This article is enacted pursuant to the City's plenary police powers to protect public safety, health and welfare. The express purpose of this article is to protect public health and safety by regulating access to kratom and other products containing more than two percent of 7- hydroxymitragynine in the alkaloid fraction.
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For purposes of this article, the following definitions apply.
"Attractive to children"
means any of the following:
1. 
Use of images that are attractive to children, including, but not limited to, images of any of the following, except as part of required health warnings:
a. 
Cartoons, toys, or robots.
b. 
Any real or fictional humans.
c. 
Fictional animals or creatures.
d. 
Fruits or vegetables, except when used to accurately describe ingredients or flavors contained in a product.
2. 
Likeness to images, characters, or phrases that are popularly used to advertise to children.
3. 
Imitation of candy packaging or labeling, or other packaging and labeling of cereals, sweets, chips, or other food products typically marketed to children.
4. 
The terms "candy" or "candies" or variants in spelling such as "kandy" or "kandee.
5. 
Brand names or close imitations of brand names of candies, cereals, sweets, chips, or other food products typically marketed to children.
6. 
Any other image or packaging that is easily confused with commercially available foods that do not contain kratom and are typically marketed to children.
7. 
Any other packaging used that is attractive to children considering all relevant facts and circumstances.
"Kratom leaf extract"
means the material obtained by extraction of kratom leaves by any means.
"Kratom leaf"
means the leaf of the kratom plant, also known as mitragyna speciosa, any form.
"Kratom product"
means a product consisting of any part of a leaf of the plant Mitragyna speciosa in fresh, dehydrated, or dried form; or a kratom extract, or any product that contains any kratom alkaloid or metabolite.
"Synthesized"
means an alkaloid or alkaloid derivative that has been created by chemical synthesis or biosynthetic means (including but not limited to; fermentation, recombinant techniques, yeast derived, enzymatic techniques), rather than traditional food preparation techniques such as heating or extracting. It also includes alkaloids that has been further exposed to chemicals or processes that would confer a structural change in the alkaloids contained within the extract.
"Total kratom alkaloids"
means the sum of mitragynine, speciociliatine, speciogynine, paynantheine, and 7-hydroxymitragynine in a kratom product.
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A. 
Except as otherwise authorized by law, an individual, business, or other entity shall not sell, attempt to sell, offer, provide, or distribute a kratom product to a person under 21 years of age.
B. 
Except as otherwise authorized by law, an individual, business, or other entity shall not sell, attempt to sell, offer, provide, or distribute any product with a level of 7-hydroxymitragynine that is greater than two percent of the total alkaloids in the product.
C. 
Except as otherwise authorized by law, an individual, business, or other entity shall not sell, attempt to sell, offer, provide, or distribute a kratom product that is attractive to children.
D. 
Any individual, business, or other entity that sells, attempts to sell, offers, provides, or distributes a kratom product shall conduct age-verification to ensure compliance with subsection A.
E. 
No person or entity shall offer for sale any kratom product that contains or is adulterated with synthesized or semi-synthesized kratom alkaloids or kratom constituents.
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Any person who violates section § 9.92.030 is guilty of a misdemeanor and upon conviction thereof may be punished by a fine of not more than $1,000.00 or by imprisonment in the County Jail for a period of not more than six months or by both such fine and imprisonment. This section shall not serve to limit any other legal remedies or actions that the City may have to address violations of § 9.92.030. A violation of § 9.92.030 is grounds for a revocation of a business license, if applicable, pursuant to § 5.08.300 of the Huntington Beach Municipal Code.
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If any section, paragraph, sentence, clause, phrase or portion of this article is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. The City Council hereby declares that it would have adopted this article irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the article be enforced.
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