(1) No person shall sell, offer for sale, provide, or distribute an adulterated kratom product in the State of Nebraska.

(2) A product shall be deemed adulterated if:

(a) It contains any kratom alkaloid or metabolite, including 7-hydroxymitragynine, and does not meet the definition of a kratom product under section 71-3802; or

(b) The kratom product is combined with a dangerous nonkratom substance that contains a poisonous or otherwise deleterious nonkratom ingredient, including, but not limited to, any substance listed as a controlled substance under the laws of this state or federal law.

(3) Upon receipt of evidence that suggests a product may be an adulterated kratom product, the department may require the person selling, providing, or distributing the product to obtain an independent third-party test of the product by a laboratory of the department's choosing.