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HB 3127

Relating to reports of death.

2025 Regular Session Introduced by Fred Girod and 4 co-sponsors

Illinois Kratom Consumer Protection Act sets safety standards, labeling, age 21+ purchase limit, and 1,000-foot advertising bans near youth facilities to reduce product risks.

Chapter 444, (2025 Laws): Effective date January 1, 2026.
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Bill Summary · HB 3127

Summary — HB 3127 (HB3127): Kratom Consumer Protection Act

Status: Chapter 444, 2025 Laws — Governor signed; effective January 1, 2026
Introduced: February 18–20, 2025 (Rep. William E. Hauter). Final legislative actions: conference committee, passage, signatures by Speaker, President, Governor in June 2025.

Purpose

Creates the Kratom Consumer Protection Act and amends the existing Kratom Control Act to establish safety, labeling, sales, advertising, and age‑restriction rules for Kratom products and extracts sold in Illinois. The bill aims to reduce risk to consumers (including minors) from adulterated, contaminated, overly concentrated, or synthetically altered Kratom products.

Key provisions

  • Definitions: Establishes terms including “Kratom product,” “Kratom extract,” “processor,” and clarifies that Kratom is treated as a type of food/dietary product for regulation/labeling purposes.
  • Prohibited product conditions (processors must not knowingly prepare, distribute, sell, or offer for sale):
    • Kratom products adulterated or mixed with dangerous non‑Kratom substances that render the product injurious.
    • Kratom products contaminated with poisonous or otherwise deleterious non‑Kratom ingredients (including substances identified in the Illinois Controlled Substances Act).
    • Kratom extracts containing residual solvents above levels allowed by United States Pharmacopeia (USP) 467.
    • Kratom products whose 7‑hydroxymitragynine content exceeds 1.5% of the total alkaloid fraction.
    • Kratom products containing synthetic mitragynine, synthetic 7‑hydroxymitragynine, or other synthetically derived Kratom compounds.
    • Kratom products without adequate labeling directions for safe/effective use (including recommended serving size).
  • Age restrictions:
    • Raises the minimum age for purchase, possession, and receipt of Kratom products from under 18 to under 21 years. Processors may not knowingly sell or offer Kratom to persons under 21.
  • Zoning for sales/advertising:
    • Prohibits advertising or sales of products containing any quantity of Kratom within 1,000 feet of the perimeter of school grounds, playgrounds, recreation centers/facilities, child care centers, public parks, public libraries, or game arcades that admit persons under 21. Violation treated as a business offense with fines up to $5,000.
  • Penalties and enforcement:
    • Administrative penalties for processors who violate the product‑safety provisions: up to $5,000 for a first offense; up to $10,000 for a second or subsequent offense. Penalties are collected by the Illinois Department of Public Health (IDPH) and deposited into the Food and Drug Safety Fund.
    • Upon request, the Director of Public Health must conduct a hearing under the Illinois Administrative Procedure Act.
    • Good‑faith defense: a processor avoids liability under the Act if, by a preponderance of evidence, it reasonably relied on representations from a manufacturer/packer/distributor that the product was a compliant Kratom product.
  • Kratom Control Act amendments:
    • Aligns criminal/penalty provisions (sale/possession by minors) with the new age threshold (under 21). (Some sentencing text in the source is truncated; general classification of offenses retained.)

Who is affected

  • Primary: Kratom processors, manufacturers, packers, distributors, retailers and advertisers operating in Illinois.
  • Secondary: Consumers of Kratom products (including those under 21 who will be prohibited from purchase/possession), schools and child‑oriented facilities covered by the 1,000‑foot buffer, and IDPH (enforcement/administration).

Enforcement/timing

  • Enforcement administered by the Illinois Department of Public Health; penalties deposited to the Food and Drug Safety Fund. Administrative hearings available upon request.
  • Effective January 1, 2026.

This Act sets product composition, labeling, sales‑location, and age‑restriction standards intended to reduce safety risks associated with Kratom products while providing enforcement mechanisms and limited defenses for processors who relied on supplier representations.

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

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