Bill > HB5242

This bill, the Illinois Kratom Consumer Protection Act, establishes regulations for the production and sale of kratom, a plant-based substance, in Illinois. It defines "kratom" as the plant Mitragyna speciosa or any part of it, and "kratom product" as any consumable item containing kratom. The Act mandates that processors, those who refine, manufacture, or package kratom products, must be registered with the Department of Public Health (the "Department"), comply with federal food safety laws, and maintain product liability insurance. Finished kratom products sold at retail must meet specific standards, including being in approved forms like dried leaf, powder, capsules, or beverages, and must not be "attractive to children," meaning they cannot resemble candy or cartoon characters. Labels must include dosage information, warnings for pregnant or breastfeeding individuals and those consulting a healthcare professional, and a disclaimer that statements have not been evaluated by the FDA. Products must also be free of excessive metals, pesticides, and pathogens, and can only be sold in establishments that restrict entry to individuals 21 and older. Furthermore, kratom products cannot be mixed with psychoactive substances like alcohol or nicotine. Processors must submit certificates of analysis from accredited labs for each batch, demonstrating compliance with alkaloid, solvent, heavy metal, and pesticide limits. The Act also requires reporting of adverse health events to the FDA and allows the Department to order independent testing at the processor's expense. Violations can result in stop-sale orders, product destruction, civil penalties, and criminal offenses, including Class C misdemeanors for certain violations. The Department is granted authority to create rules to implement these provisions.

https://www.ilga.gov/Legislation/BillStatus?DocNum=5242&GAID=18&DocTypeID=HB&SessionID=114&GA=104