71-3802. Terms, defined.
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/ne/chapter-71/71-3802A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For purposes of the Kratom Consumer Protection Act:
(1)Attractive to children means products:
(a)Manufactured in the shape of humans, cartoons, or animals; or
(b)Manufactured in a form that bears any reasonable resemblance to an existing candy product that is familiar to the public as a widely distributed or a branded food product such that a product could be mistaken for the branded food product, especially by children;
(2)Department means the Department of Revenue;
(3)Kratom means the plant mitragyna speciosa or any part of that plant, including, but not limited to, all components present in the natural plant;
(4)Kratom extract means the material obtained by extraction of kratom leaves with a solvent consisting of water, ethanol, or food-grade carbon dioxide, or any other solvent allowed by federal or state regulation to be used in manufacturing a food ingredient;
(5)Kratom product means a food, ingredient, or dietary supplement that:
(a)Consists of or contains kratom or kratom extract;
(b)Does not contain any synthesized kratom alkaloids, other synthesized kratom constituents, or synthesized metabolites of any kratom constituent;
(c)Does not contain a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent of the alkaloid composition of the kratom product; and
(d)Does not include any kratom product in any form that is combustible, is intended to be used for vaporization, or is injectable;
(6)Processor means a person that manufactures, packages, labels, or distributes kratom products or advertises, represents, or holds itself out as manufacturing, preparing, packaging, labeling, or distributing kratom products;
(7)Retailer has the same meaning as in section 77-2701.32 ; and
(8)Synthesized means an alkaloid or alkaloid derivative that has been created, in full or in part, by directed chemical, physical, or biosynthetic conversion, including, but not limited to, fermentation, recombinant techniques, yeast-derived, or enzymatic techniques, rather than traditional food preparation techniques, such as heating or extracting.