Bill > SF0056

This bill establishes regulations for kratom products, defining terms like "adulterated" (meaning a kratom product has had a controlled substance or synthesized alkaloid added to it), "kratom product" (which includes any part of the kratom leaf, extract, or alkaloid, but not synthesized versions), and "retailer" (a business selling kratom products). It prohibits the sale of adulterated kratom products, those sold to individuals under 21 years old, products with excessive levels of certain compounds (specifically, 7-hydroxymitragynine above 2% of the alkaloid fraction), products appealing to children, or those intended for vaporization. The bill mandates clear labeling requirements for kratom products, including manufacturer information, ingredients, warnings against use by pregnant or breastfeeding individuals and those under 21, advice to consult a healthcare provider, a warning about potential habit-forming properties and drug interactions, and FDA disclaimer statements. It also requires specific directions for use, including serving sizes and quantitative declarations of key compounds. The Department of Health and local law enforcement are authorized to enforce these regulations, with violations being a misdemeanor punishable by up to a year in jail, a $1,000 fine, or both. Retailers can face injunctions for repeated violations, and the bill outlines an affirmative defense for retailers who reasonably relied on a valid ID showing the buyer is over 21. The bill also appropriates funds for the Department of Health and the Department of Agriculture to implement these regulations, including for testing kratom products, and sets an effective date of July 1, 2026, with some sections effective immediately.