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LB 230

Adopt the Kratom Consumer Protection Act, regulate nitrous oxide, and change the Uniform Controlled Substances Act

109th Legislature (2025-2026) Introduced by Bob Hallstrom

Nebraska LB 230 creates a state Kratom Consumer Protection Act with age restrictions, manufacturing/testing/labeling requirements, and a one-year registration program for kratom pr

Provisions/portions of LB184 amended into LB230 by AM689
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Bill Summary · LB 230

Summary — LB 230 (2025)

Adopt the Kratom Consumer Protection Act, regulate nitrous oxide, and change the Uniform Controlled Substances Act

Purpose

LB 230 creates a state regulatory framework for kratom products (the Kratom Consumer Protection Act), adds consumer-safety restrictions on retail nitrous oxide products (including flavored products), and updates schedules under the Uniform Controlled Substances Act. The bill aims to ensure kratom sold in Nebraska meets manufacturing, testing, labeling, and age‑restriction standards, to curb youth access and attractive packaging, and to address certain inhalant sales and controlled‑substance listings.

Key provisions

Kratom Consumer Protection Act

  • Definitions: kratom (Mitragyna speciosa), kratom extract, kratom product, processor, synthesized alkaloids, and “attractive to children.”
  • Age restriction: prohibits sale/distribution of any kratom product to persons under 21. Online sellers/marketplaces must implement age‑verification systems.
  • Prohibited forms/marketing: bans products manufactured in forms attractive to children; excludes combustible, vaporized, or injectable kratom forms from allowed products.
  • Manufacturing & testing requirements:
    • Processors must manufacture/hold products under 21 C.F.R. Part 111 (as of Jan 1, 2025) and be registered with the FDA as a food facility.
    • Product registration requires: product label, certificate of analysis from an independent ISO/IEC 17025‑accredited lab showing 7‑hydroxymitragynine < 2% of total alkaloid fraction, and a third‑party GMP certificate (compliant with Part 111).
    • Registration certificates are valid one year; department may charge fees (remitted to the Department of Revenue Enforcement Fund).
  • Labeling: retail packages must include age/pregnancy/breastfeeding warnings, consult‑a‑health‑care‑practitioner notice, habit‑forming warning, FDA disclaimer (“not intended to diagnose, treat, cure, or prevent any disease”), processor name/place, directions, servings per container, and quantitative mitragynine/7‑hydroxymitragynine info.
  • Administration & enforcement: Department of Revenue (registration program; implementation date on or before Jan 1, 2026) and Attorney General (enforcement under Consumer Protection Act and Uniform Deceptive Trade Practices Act). Tax Commissioner authority for registration decisions/hearings.

Nitrous oxide regulation (AM689)

  • Defines "flavored nitrous oxide product" and broadly prohibits business entities from selling/delivering nitrous oxide products (with special exemptions for denatured industrial uses, automotive, prescribed medical uses, or propellant uses in food/service).
  • Penalties: Class II misdemeanor for first offense; Class I misdemeanor for subsequent offenses; civil penalty of $2,500 (first/subsequent). Violative products subject to seizure, forfeiture, and destruction. Knowingly transporting such products for violating businesses is a Class II misdemeanor. Violations also treated as deceptive trade practices.

Uniform Controlled Substances Act changes (AM577)

  • Updates/amends schedules (section 28‑405) to add and/or clarify many controlled substances (including numerous fentanyl‑related substances and other listed compounds). (The amendment updates state schedule listings to align with federal lists and adds specific substances.)

Who is affected

  • Kratom processors/manufacturers, importers, distributors, retailers, and online marketplaces (registration, labeling, GMP and testing requirements).
  • Consumers (age 21+ requirement; informed‑use labeling).
  • Businesses selling nitrous oxide products (new sale prohibitions, penalties).
  • Department of Revenue, Tax Commissioner, Attorney General (administration and enforcement).
  • Laboratories and third‑party certifiers (accreditation/testing responsibilities).

Timeline and status

  • Passed Legislature (Final Reading 49–0–0) with Emergency Clause; Governor approved May 15, 2025 (became law).
  • Department of Revenue must set an implementation date for the kratom product registration program on or before January 1, 2026. Some provisions have staggered operative dates as specified in the enacted amendments.
  • Registration fees are remitted to the Department of Revenue Enforcement Fund to support administration.

Fiscal/funding note

  • Registration/application fees may be charged to cover reasonable administration costs and are credited to the Department of Revenue Enforcement Fund. Fiscal notes were prepared (multiple submissions referenced).

This summary highlights the substantive consumer‑protection, product‑registration, labeling, enforcement, and penalty provisions added by LB 230, along with the nitrous oxide sale restrictions and updates to controlled‑substance schedules.

Compiled from official sources — confirm details with the bill’s official record.

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