Arizona Laws 36-795.03. Enforcement; violations; classification
A. In addition to the violations and remedies specified in this section, violations and enforcement of this article are governed by chapter 8 of this title.
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 misdemeanor | up to 4 months | up to $750 |
Terms Used In Arizona Laws 36-795.03
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Food: means a food as defined in section 36-901, food product, food ingredient, dietary ingredient, dietary supplement or beverage for human consumption. See Arizona Laws 36-795
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Kratom product: means a food product or dietary ingredient containing any part of the leaf of the plant mitragyna speciosa. See Arizona Laws 36-795
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Processor: means a person that sells, prepares, manufactures, distributes, wholesales or maintains kratom products or that advertises, represents or holds itself out as selling, preparing or maintaining kratom products. See Arizona Laws 36-795
- Retailer: means a person that sells or distributes kratom products or that advertises, represents or holds itself out as selling or maintaining kratom products. See Arizona Laws 36-795
B. A processor or retailer that violates Section 36-795.01, subsection B or Section 36-795.02 is guilty of a class 2 misdemeanor.
C. In addition to and distinct from any other remedy at law or equity, a person aggrieved by a violation of Section 36-795.01, subsection B or Section 36-795.02, subsection A may bring a private cause of action in a court of competent jurisdiction for damages resulting from that violation, including economic, noneconomic or consequential damages.
D. A processor or retailer does not violate Section 36-795.01, subsection B or Section 36-795.02, subsection A if the court finds by a preponderance of the evidence that the processor or retailer relied in good faith on the representation of a manufacturer, packer or distributor that the food was a kratom product.