,,ii #aahth ,,congress #ast ,session ,s4 #cjci ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #d1 #bjbc,mr4 ,lee introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to protect access to kratom4 #a4 ,short title ,this ,act may be cited as the ,federal ,kratom ,consumer ,protection ,act4 #b4 ,access to kratom 7a7 ,openness in research 7#a7 ,in general ,during the period that begins #cj days after the date of enactment of this ,act and ends #ij days after such date of enactment1 the ,secretary1 acting through the ,commissioner1 shall hold at least one hearing that provides an open forum for the discussion on the current scientific data and information about safety and use of products containing kratom or kratom-derived products marketed as a food1 dietary ingredient1 or dietary supplement4 7#b7 ,hearing requirements ,the hearing under paragraph 7#a7 shall-- 7,a7 include input from leading scientific researchers on kratom and kratom-derived products2 and 7,b7 consider-- 7i7 how many individuals in the ,united ,states consume kratom and kratom-derived products2 7ii7 the scope1 scale1 and degree of dependence or addiction associated with kratom1 mitragynine1 and #g-;hydroxymitragynine2 7iii7 the causality of deaths in which kratom or kratom-derived products are associated1 including instances in which-- 7,i7 a kratom-containing product or kratom-derived product was consumed together with legal or illegal drugs2 or 7,,ii7 the kratom-containing product or kratom-derived product consumed was contaminated with a different non-drug adulterant known to endanger health2 7iv7 whether use of kratom or kratom-derived products is directly linked to the use of more dangerous scheduled substances2 7v7 any adverse health impacts that could be expected if kratom or kratom-derived were no longer available2 and 7vi7 the potential health and wellness benefits of kratom and kratom-derived products4 7#c7 ,public docket ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall open a public docket for submission of public comments for consideration at the hearing under paragraph 7#a74 ,the ,secretary shall leave such public docket open for comments for not fewer than #cj days before the hearing takes place4 7#d7 ,publication of information ,the ,secretary shall publish on the website of the ,food and ,drug ,administration the transcripts of all hearings conducted pursuant to paragraph 7#a71 subject to section #eeb7;b7 of title #e1 ,united ,states ,code4 7b7 ,task force 7#a7 ,establishment ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall convene a task force1 to be known as the ,kratom ,research ,task ,force1 to coordinate kratom-related research conducted or supported by the ,federal ,government4 7#b7 ,reports on kratom research 7,a7 ,initial report ,not later than #ij days after the date of enactment of this ,act1 the ,kratom ,research ,task ,force shall submit to ,congress1 the ,secretary1 and the ,commissioner a report that details all federally funded1 kratom-related research that has begun or been completed prior to such date of enactment4 7,b7 ,subsequent quarterly reports ,not later than #ij days after submission of the report under subparagraph 7,a71 and quarterly thereafter1 the ,kratom ,research ,task ,force shall submit to ,congress1 the ,secretary1 and the ,commissioner a report that includes-- 7i7 a progress report on all federally-funded kratom-related research and findings made during the applicable quarter2 and 7ii7 an analysis of the results of all such research4 7#c7 ,public meetings ,the ,kratom ,research ,task ,force shall convene public meetings with appropriate experts and stakeholders to increase public awareness concerning the current state of kratom-related research4 7#d7 ,publicly available information ,the ,secretary shall-- 7,a7 publish the report submitted under paragraph 7#b77;,a7 on the website of the ,food and ,drug ,administration2 and 7,b7 update such website in accordance with the quarterly reports submitted under paragraph 7#b77;,b71 upon receipt of each such report4 7#e7 ,termination of task force ,on the date that is #b years after the initial report is submitted by the ,kratom ,research ,task ,force under paragraph 7#b77;,a71 such task force shall be terminated4 7c7 ,protection of kratom from current regulations ,the ,secretary shall not-- 7#a7 impose requirements on kratom or kratom-derived products that are more restrictive than the requirements for food1 dietary supplements1 and dietary ingredients that apply under ,the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq472 7#b7 treat kratom1 or any product derived from or containing kratom1 as an adulterated dietary supplement-- 7,a7 for containing a new dietary ingredient as described in subparagraph 7,b7 of section #djb7;f77#a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdb7;f77#a772 or 7,b7 pursuant to subparagraph 7,c7 of such section #djb7;f77#a72 or 7#c7 require kratom to undergo requirements for notification as a new dietary ingredient under section #dac of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cej;b74 7d7 ,protection from future administrative action 7#a7 ,in general ,any rulemaking the ,secretary initiates to regulate kratom shall-- 7,a7 comply with formal rulemaking requirements under section #eeb7;a7 of title #e1 ,united ,states ,code2 and 7,b7 require public1 in-person hearings4 7#b7 ,publication of information ,the ,secretary shall publish on the website of the ,food and ,drug ,administration the transcripts of all hearings conducted pursuant to paragraph 7#a77;,b71 subject to section #eeb7;b7 of title #e1 ,united ,states ,code4 7e7 ,import alert requirements ,the ,secretary may not issue1 implement1 or enforce an import alert for a kratom or kratom-derived product unless the ,secretary determines that there is a history of such kratom or kratom-derived product being adulterated as described in section #djb7;f77#a77;,a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cdb7;f77#a77;,a771 or evidence that such kratom or kratom-derived product is adulterated as described in such section4 7f7 ,nonpreemption ,nothing in this section shall preempt any ,state law4 7g7 ,definitions ,in this section3 7#a7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of ,food and ,drugs4 7#c7 ,dietary supplement ,the term dietary supplement has the meaning given such term in section #bja7;ff7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7;ff774 7#d7 ,dietary ingredient ,the term dietary ingredient means a dietary ingredient as such term is used in section #bja7;ff77#a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7;ff77#a774 7#e7 ,food ,the term food has the meaning given such term in section #bja7;f7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7;f774 7#f7 ,kratom - ,the term kratom means the botanical ,mitragyna speciosa4 7#g7 ,new dietary ingredient ,the term new dietary ingredient has the meaning given such term in section #dac7;d7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cej;b7d774