Bill > SB0045

This bill amends the Kratom Regulation Act by redefining key terms and establishing new requirements for kratom products and those who sell them. It clarifies what constitutes "kratom extract" and "pure leaf kratom," with specific criteria for the latter, and defines "kratom processor" as someone who prepares, processes, manufactures, or distributes kratom products, and "kratom retailer" as someone who sells them for retail. The bill mandates that kratom processors must disclose the factual basis for their product claims on labels and imposes administrative fines of up to $5,000 for violations, increasing penalties for repeat offenses. It also introduces criminal penalties for processors and retailers who sell non-pure leaf kratom products or products lacking specific labeling, with penalties escalating from a class B misdemeanor to a third-degree felony for subsequent violations. Furthermore, the bill requires both kratom processors and retailers to register with the department, with retailers needing to be licensed as a retail tobacco specialty business, and sets registration fees. It also prohibits the sale of kratom products to individuals under 21 years old, with violations resulting in a class A misdemeanor. Finally, the bill exempts pure leaf kratom from certain controlled substance penalties, specifically regarding 7-hydroxymitragynine, and includes provisions for the registration and potential seizure of unregistered kratom products.