KRATOM CONSUMER PROTECTION ACT

Illinois General Assembly - Full Text of HB5242

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of HB5242

Home

Legislation

Full Text

HB5242 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Printer Friendly Version

Introduced

Open PDF

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5242

Introduced 2/10/2026, by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:

New Act

Creates the Illinois Kratom Consumer Protection Act. Regulates the
manufacture, processing, packaging, labeling, and retail sale of kratom
products. Requires registration with the Department of Public Health and
compliance with federal food safety laws. Sets standards for finished
kratom products, including permitted delivery forms, age restrictions,
packaging requirements, and warnings on labels. Requires certificates of
analysis for each batch from accredited laboratories and mandates product
liability insurance. Prohibits products attractive to children and mixing
kratom with psychoactive substances. Provides reporting requirements for
adverse health events and authorizes independent testing by the
Department. Establishes enforcement provisions, including stop-sale
orders, detention and destruction of products, civil penalties, and
criminal offenses. Grants rulemaking authority to the Department.
LRB104 18064 BDA 31503 b

A BILL FOR

HB5242
LRB104 18064 BDA 31503 b
1

AN ACT concerning health.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Illinois Kratom Consumer Protection Act.

6

Section 5.
Definitions.
In this Act:
7

"Attractive to children" means a product manufactured:
8

(1) in a shape that resembles a human, a cartoon
9

character, or an animal; or
10

(2) in a form that resembles an existing candy product
11

that is a widely distributed, branded food item.
12

"Department" means the Department of Public Health.
13

"Finished kratom product" means a kratom product that is
14
ready for sale to the end user. For purposes of registration, a
15
finished kratom product is differentiated by its ingredients,
16
not by its weight, volume, or size.
17

"Kratom" means the plant or any part of the plant
18
Mitragyna speciosa in any form.
19

"Kratom beverage" means a prepackaged liquid kratom
20
product in the form of tea, seltzer or tonic water, or
21
tincture.
22

"Kratom product" means a food product, food ingredient,
23
dietary ingredient, dietary supplement, or beverage intended

HB5242
- 2 -
LRB104 18064 BDA 31503 b
1
for human consumption that contains any part of the leaf of the
2
plant Mitragyna speciosa or an extract, synthetic alkaloid, or
3
synthetically derived compound of such plant and is
4
manufactured as a powder, capsule, pill, beverage, or other
5
consumable edible form.
6

"Processor" means an entity that:
7

(1) refines kratom into input ingredients for the
8

purpose of manufacturing a finished kratom product;
9

(2) manufactures finished kratom products; or
10

(3) packages finished kratom products for resale.

11

Section 10.
Finished kratom product retail sale
12
requirements.
A finished kratom product sold to consumers at a
13
retail establishment, including a food service establishment,
14
convenience store, or kava or kratom bar, must:
15

(1) be in one of the following delivery forms:
16

(A) a dried leaf;
17

(B) a kratom beverage;
18

(C) a powder;
19

(D) a pill;
20

(E) a liquid dietary supplement;
21

(F) a gummy or food that is not attractive to
22

children; or
23

(G) a capsule;
24

(2) have a certificate of analysis submitted to the
25
Department as required by this Act;

HB5242
- 3 -
LRB104 18064 BDA 31503 b
1

(3) be registered with the Department under this Act;
2

(4) include directions for consumption on the product
3
label, including:
4

(A) the maximum dosage of 100 milligrams of kratom
5

alkaloids per serving;
6

(B) the number of servings per package;
7

(C) a warning advising consumers of the number of
8

servings that may be safely consumed in a 24-hour period;
9

(D) a warning advising against use by individuals who
10

are pregnant or breastfeeding;
11

(E) a warning advising the consumer to consult a
12

health care professional before use, that the product may
13

be habit-forming, and that it may cause adverse health
14

effects;
15

(F) a warning stating: "These statements have not been
16

evaluated by the United States Food and Drug
17

Administration. This product is not intended to diagnose,
18

treat, cure, or prevent any disease.";
19

(G) the expiration date; and
20

(H) the name and place of business of the registrant;
21

(5) comply with packaging and labeling requirements set
22
forth in this Act and rules adopted under it;
23

(6) not be attractive to children;
24

(7) be in a container that:
25

(A) is suitable to contain products for human
26

consumption;

HB5242
- 4 -
LRB104 18064 BDA 31503 b
1

(B) complies with the United States Poison Prevention
2

Packaging Act of 1970; or
3

(C) contains a graduated measuring device, if
4

applicable;
5

(8) not be adulterated, including containing metals,
6
pesticides, or pathogens in excess of limits set by this Act or
7
Department rule;
8

(9) only be sold in establishments that restrict entry to
9
persons 21 years of age or older and require age verification;
10
and
11

(10) not be served in a form that combines or mixes
12
finished kratom products with psychoactive substances that
13
impact the central nervous system, including alcohol,
14
caffeine, kava, cannabinoids, or nicotine.

15

Section 15.
Permit and registration requirements for
16
processors.
17

(a) Kratom products may be manufactured or distributed in
18
Illinois only by a processor that holds a permit to operate as
19
a food service establishment.
20

(b) A processor must be registered with the United States
21
Food and Drug Administration and comply with Current Good
22
Manufacturing Practices under 21 CFR Part 210.
23

(c) A processor must maintain product liability insurance
24
with an occurrence limit of $3,000,000.
25

(d) For each batch of a registered finished kratom

HB5242
- 5 -
LRB104 18064 BDA 31503 b
1
product, the processor shall retain and submit, upon request,
2
a certificate of analysis from an accredited laboratory. The
3
certificate must demonstrate compliance with statutory and
4
rule limits for alkaloids, residual solvents, heavy metals,
5
and pesticides.
6

(e) A finished kratom product served by a kratom food
7
service establishment must comply with this Act; however, a
8
separate registration is not required when a kratom beverage
9
is combined with another food or beverage for on-premises
10
consumption. Serving kratom beverages combined with alcohol,
11
drugs, or other kratom products is prohibited.

12

Section 20.
Reporting and testing.
13

(a) If a processor or the Department receives notice of an
14
adverse health event suspected to be related to a kratom
15
product, the processor or the Department must submit an
16
adverse event report under 21 U.S.C. 379aa-1(b)(1) to the
17
United States Food and Drug Administration.
18

(b) If probable cause exists that a kratom product may be
19
adulterated, the Department may require an independent
20
third-party test by a laboratory of the Department's choice,
21
and the processor must pay the cost of the test.

22

Section 25.
Violations; enforcement.
23

(a) A violation of Section 15 is a Class C misdemeanor.
24

(b) A processor that manufactures, delivers, offers for

HB5242
- 6 -
LRB104 18064 BDA 31503 b
1
sale, distributes, or sells a finished kratom product that
2
violates paragraph (2) or (3) of Section 10 commits a Class C
3
misdemeanor.
4

(c) A kratom product possessed, manufactured, delivered,
5
offered for sale, distributed, or sold in violation of this
6
Act by an entity regulated under this Act is subject to
7
detention and destruction of the product or related processing
8
equipment and to an immediate stop-sale order. The entity is
9
subject to a civil penalty of $1,000 or an administrative fine
10
as provided by Department rule. The Department may not
11
authorize removal or use of finished kratom products subject
12
to a stop-sale order, except for disposal, if the products are
13
attractive to children, until the products comply with this
14
Act.
15

(d) The State's Attorney of the county where the violation
16
occurred or the Attorney General may bring an action to
17
recover civil penalties and obtain relief under this Act. This
18
Section does not limit any damages or relief available under
19
common law or statute.

20

Section 30.
Rules.
The Department shall adopt rules to
21
implement and administer this Act.

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn