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

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:

"(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."

SECTION 2.

Said article is further amended by adding a new Code section to read as follows:

"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

(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."

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 one year nor more than 15 years six months nor more than two years, 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 imprisoned confined 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.