HB757: HB757 Crimes and offenses; registration of kratom products and sworn certification of compliance; provide

Kratom is a plant-derived substance regulated under a specific article of Georgia law. Currently Georgia requires certain content and labeling standards for kratom products but does not require sellers to register those products with the state. This bill changes that by adding a new registration system run by the Department of Agriculture. Under the bill, any processor who wants to sell a kratom product in an approved form must register it every year, pay a fee that covers the state's administrative costs, submit lab testing from an independent laboratory, and sign a sworn statement covering several safety points, including that the product isn't adulterated, doesn't contain synthetic kratom alkaloids, and isn't packaged to appeal to children. The Department of Agriculture must publish a public list of registered products by January 1, 2026, so retailers can check what they're allowed to sell. The bill also rewrites the criminal penalties in the existing kratom law, notably shortening the maximum prison term for a retailer's subsequent violation from 15 years down to a range of six months to two years, and adjusting fines for negligent violations.

• Creates a new annual registration requirement for kratom processors, who must register each product with the Department of Agriculture and pay a fee covering administrative costs.
• Requires processors to submit lab certificates of analysis and a sworn certification covering FDA facility registration, product safety, absence of dangerous additives, no synthetic kratom alkaloids, and no child-appealing packaging.
• Directs the Department of Agriculture to publish and maintain a public website by January 1, 2026 listing all registered kratom products so retailers can verify what they may sell.
• Reduces the maximum prison sentence for a retailer's subsequent knowing or criminally negligent violation from a range of one to 15 years down to six months to two years.
• Restructures fines for negligent retailer violations into tiers based on whether it is a first, second, third, or later offense.
• Adds new legal definitions for 'approved kratom delivery form' and 'department' (defined as the Department of Agriculture) to Georgia's kratom law (O.C.G.A. § 16-13-120).

Kratom processors and manufacturers who sell products in Georgia, retailers who stock kratom products, the Georgia Department of Agriculture, which runs the new registry, and consumers who buy kratom products and could check the state's product list before purchasing.

Kratom sellers would face a new state registration process, fees, lab testing, and sworn safety promises before their products could legally reach Georgia store shelves. Retailers who violate labeling rules would face a narrower penalty range for repeat offenses, changing the legal risk of noncompliance.

• Section 1 adds definitions of 'approved kratom delivery form' and 'department' to Georgia's kratom law (O.C.G.A. § 16-13-120).
• Section 2 creates new Code Section 16-13-123, requiring processors to register kratom products annually, pay a fee, and submit lab certificates plus sworn safety certifications.
• Section 2 requires the Department of Agriculture to publish and maintain a public kratom registration webpage by January 1, 2026.
• Section 2 states that products with the same ingredients and delivery form but different packaging or volume can share one registration.
• Section 3 revises penalties in O.C.G.A. § 16-13-122, lowering the maximum prison term for a retailer's repeated knowing or negligent violation from 15 years to two years.
• Section 3 sets tiered fines for negligent retailer violations: up to $250 for a first offense, $500 for a second, and $1,000 for a third, with harsher penalties after a fourth conviction.
• Section 3 keeps a legal defense for retailers who can show they relied in good faith on a processor's representations of compliance.

1. 2025-03-18House Second Readers (House)
2. 2025-03-13House First Readers (House)
3. 2025-03-11House Hopper (House)

• Trey Kelley (R, HD-016)Primary sponsor
• Rick Jasperse (R, HD-011)
• Dar'shun Kendrick (D, HD-095)
• Jason Ridley (R, HD-006)
• Danny Mathis (R, HD-133)

• kratom regulation
• consumer product safety
• Georgia Department of Agriculture
• criminal penalties
• product registration