Bill
HB 2230
Kansas Kratom Consumer Protection Act sets safety, labeling, and 21+ purchase rules for kratom products, enabling Ag Dept to regulate, test, and fine processors and retailers.
Status and procedural info
- Introduced: January 29, 2025 (Representative Reavis).
- Current status: Referred to the House Committee on Health and Human Services.
- Effective date: On publication in the statute book (per Sec. 7).
Purpose
- To create the "Kratom Consumer Protection Act" establishing safety, labeling, age‑of‑purchase, and adulteration standards for kratom products sold as food or dietary ingredients in Kansas, and to authorize the Secretary of Agriculture to adopt implementing rules and enforce the Act.
Key definitions
- “Food”: includes food products, dietary ingredients, supplements, beverages for human consumption.
- “Kratom product”: any food/dietary ingredient containing any part of Mitragyna speciosa (leaf or extract) in powder, capsule, tablet, beverage or other edible form.
- “Processor”: person who sells, prepares, manufactures, distributes, advertises, or maintains kratom products.
- “Retailer”: person who sells or maintains kratom products.
- “Secretary”: Secretary of Agriculture.
Core requirements and prohibitions
- Prohibits processors from preparing, distributing, selling, or exposing for sale kratom products that are:
- Adulterated by a dangerous non-kratom substance that renders the product injurious to consumers.
- Contaminated with poisonous or deleterious non-kratom ingredients (including substances referenced in K.S.A. 65-4101 et seq. and analogs).
- Kratom extracts with residual solvent levels exceeding limits set in United States Pharmacopeia (USP) chapter <467>.
- Containing 7‑hydroxymitragynine at more than 1% of the product’s overall alkaloid fraction.
- Containing any synthetic alkaloids (e.g., synthetic mitragynine or synthetic 7‑hydroxymitragynine).
- Missing required labeling directions for safe use (recommended serving size and manufacturer name/address).
- Labeling must include the warning: “WARNING: The U.S. Food and Drug Administration has not approved kratom for medical use. If you are pregnant or nursing a baby, seek the advice of a health care professional before using this product.”
- Sales age restriction: processors may not sell or expose for sale kratom products to individuals under 21 years of age.
Enforcement, penalties, and defenses
- Secretary of Agriculture to adopt rules and regulations to administer the Act (rulemaking authority provided).
- Administrative fines for processors: up to $1,000 for a first offense; up to $2,000 for a second or subsequent offense. A person fined may request an administrative hearing under K.S.A. 77-501 et seq.
- Retailer safe‑harbor: a retailer is not in violation if it proves by a preponderance of evidence that it reasonably relied in good faith on representations from a manufacturer, processor, packer or distributor that the product was a kratom product.
Fiscal and implementation impact (per Division of the Budget / Dept. of Agriculture)
- Department of Agriculture expects to require registration/licensure of processors/retailers and product testing.
- Estimated testing cost: ~$700 per laboratory sample. The Department estimates testing ~200 samples/year.
- Estimated annual implementation cost: $160,000 (≈ $140,000 testing + $20,000 administration/overhead).
- Estimated revenue from fees: $105,000 in FY2026 (including one‑time registration fees), and $80,250 in subsequent fiscal years.
- Net fiscal effect: the Department projects recurring expenditures of ~$160,000 annually and fee revenues below that level; the Kansas Department of Health & Environment reports no fiscal effect.
Who is affected
- Processors (manufacturers, packers, distributors), retailers, and consumers of kratom products in Kansas; testing laboratories and the Kansas Department of Agriculture (for enforcement and rulemaking).
Compiled from official sources — confirm details with the bill’s official record.
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