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

25 LC 44 3136 House Bill 757 By: Representatives Kelley of the 16th, Jasperse of the 11th, Kendrick of the 95th, Ridley of the 6th, and Mathis of the 133rd A BILL TO BE ENTITLED AN ACT To amend Article 6 of Chapter 13 of Title 16 of the Official Co de of Georgia Annotated,1 relating to kratom, so as to provide for registration of kratom products and sworn2 certification of compliance; to provide for applicability; to p rovide for publication of3 registration information; to revise penalties; to provide for definitions; to provide for related4 matters; to repeal conflicting laws; and for other purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Article 6 of Chapter 13 of Title 16 of the Official Code of Geo rgia Annotated, relating to8 kratom, is amended in Code Section 16-13-120, relating to defin itions, by adding new9 paragraphs to read as follows:10 "(1.1) 'Approved kratom delivery form' means a kratom product registered in accordance11 with Code Section 16-13-123.12 (1.2) 'Department' means the Department of Agriculture."13 SECTION 2.14 Said article is further amended by adding a new Code section to read as follows:15 H. B. 757 - 1 - 25 LC 44 3136 "16-13-123.16 (a) A processor shall register annually with the department any kratom product intended17 to be offered for sale to an end consumer that is in an approved kratom delivery form and18 pay a fee, adjusted annually, to cover all administrative costs for processing and19 administering such registrations, including the necessary staff and the publication and20 maintenance of a kratom registration web page as provided in this Code section.21 (b) The registration shall include the following:22 (1) Submission of a certificate of analysis from a certified i ndependent third-party23 laboratory showing compliance with the requirements of this article for kratom products;24 and25 (2) Sworn certification that:26 (A) The kratom product was manufactured, processed, or held in a facility that holds27 a current and valid food facility registration with the United States Food and Drug28 Administration;29 (B) The processor has a reasonable basis to believe that the kratom product is safe for30 consumption under the conditions of use set forth on the label. The processor assumes31 responsibility and liability for any such products offered for sale;32 (C) The kratom product is not adulterated with any dangerous substance not derived33 from kratom. A kratom product is adulterated with a dangerous substance not derived34 from kratom if the kratom product contains a poisonous or other wise deleterious35 ingredient not derived from kratom, including, but not limited to, substances listed as36 controlled substances under state or federal law;37 (D) The kratom product does not contain any synthesized kratom alkaloid or kratom38 constituent produced by using a manufacturing process that synthetically changes the39 composition of any kratom alkaloid or kratom constituent as it is naturally found in the40 kratom leaf, or any kratom alkaloids or other kratom constituen ts that have been41 isolated or manipulated to increase their potency; and42 H. B. 757 - 2 - 25 LC 44 3136 (E) The kratom product is not manufactured in a manner that is attractive to children.43 (c) A kratom product that contains the same kratom ingredients i n t h e s a m e k r a t o m44 delivery form, but a different container, package, or volume, shall be included in a single45 registration pursuant to subsection (a) of this Code section.46 (d) By January 1, 2026, the department shall publish and maintain a kratom registration47 page on its official public website listing all currently registered kratom products for sale48 by retailers. Such website shall allow retailers to verify reg istered kratom products that49 they are permitted to sell to consumers."50 SECTION 3.51 Said article is further amended in Code Section 16-13-122, relating to content of kratom and52 required labeling, by revising subsections (f) and (g) as follows:53 "(f)(1) A processor who knowingly or with criminal negligence c o m m i t s a n a c t i n54 violation of this Code section shall, upon a first conviction t hereof, be guilty of a55 misdemeanor of a high and aggravated nature, and upon a subsequ ent conviction, be56 guilty of a felony, and shall be punished by imprisonment for not less than one year nor57 more than 15 years, by a fine not to exceed $100,000.00, or both.58 (2) A processor who negligently commits an act in violation of this Code section shall59 be guilty of a misdemeanor and subject to a fine not to exceed $1,000.00.60 (g)(1) A retailer who knowingly or with criminal negligence commits an act in violation61 of subsection (a), (b), (c), or (e) of this Code section shall, upon a first conviction thereof,62 be guilty of a misdemeanor of a high and aggravated nature, and upon a subsequent63 conviction, be guilty of a felony, and shall be punished by imprisonment for not less than64 one year nor more than 15 years six months nor more than two years , by a fine not to65 exceed $100,000.00, or both.66 (2) A retailer who negligently commits an act in violation of subsection (a), (b), (c),67 or (e) of this Code section shall be guilty of a misdemeanor; provided, however, that, for68 H. B. 757 - 3 - 25 LC 44 3136 a conviction of a first offense, such individual shall be punis hed by a fine not to69 exceed $250.00; for a conviction of a second offense, such individual shall be punished70 by a fine of up to $500.00; and for a conviction of a third offense, such individual shall71 be punished by a fine of up to $1,000.00; provided, further, th at upon each subsequent72 conviction after a third conviction, such individual shall be g uilty of a high and73 aggravated misdemeanor and shall be imprisoned confined for not less than ten days nor74 more than 12 months and punished by a fine of not less than $1, 000.00 nor more75 than $5,000.00.76 (3) A retailer shall have a defense to prosecution under this subsection if such retailer77 proves by a preponderance of the evidence that the retailer relied in good faith upon the78 representations of a processor that the kratom, kratom product, or kratom extract and79 labeling complied with the provisions of this Code section."80 SECTION 4.81 All laws and parts of laws in conflict with this Act are repealed. 82 H. 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