---
title: HB 757. Crimes and offenses; registration of kratom products and sworn certification of compliance; provide
collection: bills
id: 2025-2026/hb757
cite_as: HB 757, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb757
md_url: https://georgiacommons.org/bills/2025-2026/hb757.md
text_url: https://georgiacommons.org/bills/2025-2026/hb757/text
source_url: https://www.legis.ga.gov/legislation/71302
date: 2025-03-18
status: introduced
corpus_version: bills-2026-08-28
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/hb756.md
next: https://georgiacommons.org/bills/2025-2026/hb758.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb757.md?full=1
bill_number: HB 757
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-03-11
last_action: House Second Readers
sponsors:
  - Trey Kelley
  - Rick Jasperse
  - Dar'shun Kendrick
  - Jason Ridley
  - Danny Mathis
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB757/2025
upstream_id: 2000270
summaries_model: claude-sonnet-5
topic_tags:
  - kratom regulation
  - consumer product safety
  - Georgia Department of Agriculture
  - criminal penalties
  - product registration
---

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

## Text

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. B. 757
- 4 -

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

House Bill 757 would require companies that make kratom products sold in Georgia to register each product with the state Department of Agriculture, pay a fee, and swear the product meets safety rules, while also lowering some criminal penalties for retailers who violate kratom labeling law.

### Plain-language summary

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.

### What it does

- 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).

### Who it affects

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.

### Why it matters

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.

### Key provisions

- 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.

## Status

- Status: Introduced (2025-03-11)
- Last action: House Second Readers (2025-03-18)
- Sponsors: Trey Kelley, Rick Jasperse, Dar'shun Kendrick, Jason Ridley, Danny Mathis
- Official page: https://www.legis.ga.gov/legislation/71302

> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb757.md?full=1