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 Code of Georgia Annotated,
relating to kratom, so as to provide for registration of kratom products and sworn
certification of compliance; to provide for applicability; to provide for publication of
registration information; to revise penalties; to provide for definitions; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 6 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to
kratom, is amended in Code Section 16-13-120, relating to definitions, by adding new
paragraphs to read as follows:
<ins>"(1.1) 'Approved kratom delivery form' means a kratom product registered in accordance
with Code Section 16-13-123.
(1.2) 'Department' means the Department of Agriculture."
</ins> SECTION 2.
Said article is further amended by adding a new Code section to read as follows:
<ins>"16-13-123.
(a) A processor shall register annually with the department any kratom product intended
to be offered for sale to an end consumer that is in an approved kratom delivery form and
pay a fee, adjusted annually, to cover all administrative costs for processing and
administering such registrations, including the necessary staff and the publication and
maintenance of a kratom registration web page as provided in this Code section.
(b) The registration shall include the following:
(1) Submission of a certificate of analysis from a certified independent third-party
laboratory showing compliance with the requirements of this article for kratom products;
and
(2) Sworn certification that:
(A) The kratom product was manufactured, processed, or held in a facility that holds
a current and valid food facility registration with the United States Food and Drug
Administration;
(B) The processor has a reasonable basis to believe that the kratom product is safe for
consumption under the conditions of use set forth on the label. The processor assumes
responsibility and liability for any such products offered for sale;
(C) The kratom product is not adulterated with any dangerous substance not derived
from kratom. A kratom product is adulterated with a dangerous substance not derived
from kratom if the kratom product contains a poisonous or otherwise deleterious
ingredient not derived from kratom, including, but not limited to, substances listed as
controlled substances under state or federal law;
(D) The kratom product does not contain any synthesized kratom alkaloid or kratom
constituent produced by using a manufacturing process that synthetically changes the
composition of any kratom alkaloid or kratom constituent as it is naturally found in the
kratom leaf, or any kratom alkaloids or other kratom constituents that have been
isolated or manipulated to increase their potency; and
</ins>
<ins>(E) The kratom product is not manufactured in a manner that is attractive to children.
(c) A kratom product that contains the same kratom ingredients in the same kratom
delivery form, but a different container, package, or volume, shall be included in a single
registration pursuant to subsection (a) of this Code section.
(d) By January 1, 2026, the department shall publish and maintain a kratom registration
page on its official public website listing all currently registered kratom products for sale
by retailers. Such website shall allow retailers to verify registered kratom products that
they are permitted to sell to consumers."
</ins> SECTION 3.
Said article is further amended in Code Section 16-13-122, relating to content of kratom and
required labeling, by revising subsections (f) and (g) as follows:
"(f)(1) A processor who knowingly or with criminal negligence commits an act in
violation of this Code section shall, upon a first conviction thereof, be guilty of a
misdemeanor of a high and aggravated nature, and upon a subsequent conviction, be
guilty of a felony, and shall be punished by imprisonment for not less than one year nor
more than 15 years, by a fine not to exceed $100,000.00, or both.
(2) A processor who negligently commits an act in violation of this Code section shall
be guilty of a misdemeanor and subject to a fine not to exceed $1,000.00.
(g)(1) A retailer who knowingly or with criminal negligence commits an act in violation
of subsection (a), (b), (c), or (e) of this Code section shall, upon a first conviction thereof,
be guilty of a misdemeanor of a high and aggravated nature, and upon a subsequent
conviction, be guilty of a felony, and shall be punished by imprisonment for not less than
<del>one year nor more than 15 years</del> <ins>six months nor more than two years,</ins> by a fine not to
exceed $100,000.00, or both.
(2) A retailer who negligently commits an act in violation of subsection (a), (b), (c),
or (e) of this Code section shall be guilty of a misdemeanor; provided, however, that, for
a conviction of a first offense, such individual shall be punished by a fine not to
exceed $250.00; for a conviction of a second offense, such individual shall be punished
by a fine of up to $500.00; and for a conviction of a third offense, such individual shall
be punished by a fine of up to $1,000.00; provided, further, that upon each subsequent
conviction after a third conviction, such individual shall be guilty of a high and
aggravated misdemeanor and shall be <del>imprisoned</del> <ins>confined</ins> for not less than ten days nor
more than 12 months and punished by a fine of not less than $1,000.00 nor more
than $5,000.00.
(3) A retailer shall have a defense to prosecution under this subsection if such retailer
proves by a preponderance of the evidence that the retailer relied in good faith upon the
representations of a processor that the kratom, kratom product, or kratom extract and
labeling complied with the provisions of this Code section."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.