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.