HB 757: Crimes and offenses; registration of kratom products and sworn certification of compliance; provide

Kratom is a plant-derived substance currently regulated under Georgia's kratom law (O.C.G.A. Article 6 of Chapter 13 of Title 16), which sets labeling and content rules for kratom products sold to consumers. This bill adds a new registration system: processors would have to register each kratom product with the Department of Agriculture every year, pay a fee to cover administrative costs, submit a lab certificate showing the product meets legal requirements, and swear under oath that the product was made in an FDA-registered facility, is safe for its intended use, is not adulterated with dangerous non-kratom substances, is not artificially concentrated or synthesized, and is not packaged in a way that appeals to children. The Department of Agriculture would have to publish a public list of registered kratom products by January 1, 2026, so retailers can check what they're allowed to sell. The bill also changes the prison term for retailers who knowingly violate kratom labeling rules, lowering the range from one to 15 years down to six months to two years, and changes the word 'imprisoned' to 'confined' for repeat negligent violations.

• Requires kratom processors to register each product annually with the Department of Agriculture and pay an administrative fee.
• Requires processors to submit a lab certificate of analysis and a sworn statement covering safety, facility registration, adulteration, and synthetic potency claims.
• Directs the Department of Agriculture to publish a public web page listing registered kratom products by January 1, 2026, so retailers can verify what they can legally sell.
• Reduces the prison range for retailers who knowingly violate kratom labeling rules from one to 15 years to six months to two years.
• Changes the term describing repeat-offense confinement for negligent retailer violations from 'imprisoned' to 'confined.'
• Adds new legal definitions for 'approved kratom delivery form' and 'department' to Georgia's kratom law.

Kratom processors and manufacturers who must register products and submit sworn safety certifications; kratom retailers who face revised criminal penalties for labeling violations; the Georgia Department of Agriculture, which runs the new registration and publication system; and consumers who buy kratom products in Georgia.

Consumers would gain a public way to check whether a kratom product sold in Georgia has been registered and certified as meeting safety standards. Processors face new paperwork and fees, while retailers who commit knowing violations would face a shorter maximum prison sentence than under current law.

• Section 1 adds definitions for 'approved kratom delivery form' and 'department' (the Department of Agriculture) to O.C.G.A. § 16-13-120.
• Section 2 creates new Code Section 16-13-123, requiring annual registration of kratom products, a certificate of analysis, and a sworn certification covering five specific safety and manufacturing conditions.
• Section 2 also requires the Department of Agriculture to publish and maintain a public kratom registration web page by January 1, 2026.
• Section 3 revises O.C.G.A. § 16-13-122(g) to lower the prison range for knowing or criminally negligent retailer violations from one to 15 years to six months to two years, keeping the $100,000 maximum fine.
• Section 3 changes 'imprisoned' to 'confined' in the penalty for retailers with more than three negligent convictions, who face 10 days to 12 months and a $1,000 to $5,000 fine.
• Section 3 keeps a retailer's defense of good-faith reliance on a processor's representations that the product complied with labeling law.

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

• Trey Kelley (R, HD-16)Primary sponsor
• Rick Jasperse (R, HD-11)
• Dar'shun Kendrick (D, HD-95)
• Jason Ridley (R, HD-6)
• Danny Mathis (R, HD-133)

• kratom regulation
• consumer safety
• Department of Agriculture
• criminal penalties
• product labeling