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Bill > HB1542

IN HB1542

IN HB1542
Sale of kratom consumable products.

summary

Introduced
01/21/2025
In Committee
01/21/2025
Crossed Over
Passed
Dead
04/24/2025

Introduced Session

Potential new amendment
2025 Regular Session

Bill Summary

Sale of kratom consumable products. Provides for regulation of the sale of kratom consumable products as follows: (1) Provides that a person must register with the Indiana state department of agriculture (department) in order to manufacture, distribute, or sell a kratom consumable product in Indiana. (2) Provides restrictions on the content of specified substances in a kratom consumable product (content restrictions), and provides for: (A) both civil and criminal penalties for violations; and (B) defenses to imposition of a penalty for a violation. (3) Prohibits the knowing or negligent sale of a kratom consumable product: (A) to an individual less than 21 years of age; (B) without verifying the age of the purchaser under specified conditions; (C) that violates the content restrictions; or (D) through specified retail displays or locations; and provides for civil penalties, and defenses to the imposition of a civil penalty, for violations. (4) Prohibits: (A) a person from knowingly or negligently providing a kratom consumable product to a person less than 21 years of age; (B) a person less than 21 years of age from knowingly or intentionally possessing, purchasing, or attempting to purchase a kratom consumable product; (C) an individual from knowingly or intentionally obtaining or attempting to obtain a kratom consumable product using fraudulent or altered proof of the individual's age or identity; and (D) an individual from knowingly or intentionally allowing another person to use the individual's identification for the purpose of assisting the other person in unlawfully obtaining a kratom consumable product; and provides for criminal penalties for a violation. (5) Requires: (A) a manufacturer of a kratom consumable product; and (B) under specified circumstances, a distributor of a kratom consumable product; to have samples of the a kratom consumable product tested for compliance with the content restrictions, and provides for civil penalties for a violation. (6) Imposes requirements regarding labeling, packaging, and marketing of kratom consumable products, and provides for civil penalties for a violation. (7) Requires a person that sells a kratom consumable product in Indiana to provide notice to the department of each variety of kratom consumable product sold by the person in Indiana. Creates the kratom regulation fund for the purpose of funding enforcement of regulations regarding kratom consumable products and provides that: (1) civil penalties collected for violations of regulations regarding kratom consumable products; and (2) registration fees for manufacturers, distributors, and sellers of kratom consumable products; are deposited in the fund. Makes an appropriation.

AI Summary

This bill establishes comprehensive regulations for the manufacture, distribution, and sale of kratom consumable products in Indiana. The legislation requires all kratom manufacturers, distributors, and sellers to register with the Indiana State Department of Agriculture, pay registration fees, and meet strict content and labeling requirements. Key provisions include prohibiting sales to individuals under 21, mandating age verification, limiting the concentration of kratom alkaloids (such as mitragynine and 7-hydroxymitragynine), and requiring detailed product labeling that includes ingredient lists, alkaloid content, serving recommendations, and health warnings. The bill creates a Kratom Regulation Fund to support enforcement, imposes civil and criminal penalties for violations, and establishes testing requirements for kratom products using independent laboratories. Manufacturers and sellers must test each batch of kratom products to ensure they meet chemical content standards, and they are prohibited from marketing products in ways that might appeal to individuals under 21. The registration process includes background checks, and registrations are valid for three years, with potential suspension or revocation for repeated violations. The bill aims to regulate the kratom market to protect consumer safety while establishing a legal framework for its sale and distribution in Indiana.

Committee Categories

Business and Industry

Sponsors (2)

Last Action

House Commerce, Small Business and Economic Development Hearing (10:30:00 1/29/2025 Room 156-C) (on 01/29/2025)

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