Current through 2024 First Special Session
Section 19-12F-5 - Rule-making authority(a) The commissioner shall propose legislative rules for promulgation in accordance with §29A-3-1 et seq. of this code that include, but are not limited to:(1) Issuance of permits to persons who wish to manufacture, process, distribute, offer for sale, or sell kratom;(2) Sampling and testing of kratom to determine purity levels;(3) Supervision of the kratom during its manufacture, processing, and sale;(4) Assessment of fees that are commensurate with the costs of the Commissioner of Agriculture's activities in permitting, testing, and supervising the regulation of kratom and the sale of kratom products;(5) The production, processing, sale, possession, distribution, or transport of kratom products;(6) Developing standards for the labeling of kratom products to include, at a minimum, a statement which says "KEEP OUT OF REACH OF CHILDREN. CONSULT YOUR PHYSICIAN BEFORE USE IF YOU ARE PREGNANT OR TAKING ANY MEDICATION";(7) Developing guidelines or standards related to the display or staging of kratom products to increase the safety of underage patrons in retail environments;(8) Developing prohibitive standards as to child targeted packaging and shapes and forms of products;(9) Developing administrative rules, procedures, and sanctions for violations of this section;(10) Any other rules and procedures necessary to carry out the provisions of this article.(b) The Commissioner of Agriculture and the Alcohol Beverage Control Commissioner may, pursuant to §29A-3-15 of this code, promulgate such separate or joint emergency rules as are necessary to effectuate the purposes of this article.Added by 2023 Acts, ch. 173 (SB 220), eff. 6/9/2023.