Enacting the kratom consumer protection act, defining kratom as a food product, prohibiting the distribution and sale of kratom that is adulterated, requiring persons to be at least 21 years of age to purchase such product, establishing civil fines for violations of the act and requiring the secretary of agriculture to adopt rules and regulations for the administration of the act.

Session of 2025
HOUSE BILL No. 2230
By Representative Reavis
2-4
AN ACT concerning food products; regulating the preparation, distribution
and sale of kratom products; prohibiting the preparation, distribution
and sale of adulterated or contaminated kratom products; establishing
fines and penalties; enacting the kratom consumer protection act;
requiring the secretary of agriculture to adopt rules and regulations to
administer the act.
Be it enacted by the Legislature of the State of Kansas:
Section 1. Sections 1 through 6, and amendments thereto, shall be
known and may be cited as the kratom consumer protection act.
Sec. 2. As used in sections 1 through 6, and amendments thereto:
(a) "Food" means a food product, food ingredient, dietary ingredient,
dietary supplement or beverage for human consumption;
(b) "kratom extract" means a food product or dietary ingredient
containing any part of the leaf of the plant mitragyna speciosa that has
been extracted or concentrated in order to provide more standardized
product content;
(c) "kratom product" means a food product or dietary ingredient
containing any part of the leaf of the plant mitragyna speciosa or an extract
thereof and is manufactured as a powder, capsule, tablet, beverage or other
edible form;
(d) "processor" means a person that sells, prepares, manufactures,
distributes or maintains kratom products or advertises, represents or holds
itself out as selling, preparing or maintaining kratom products;
(e) "retailer" means any person that sells, distributes, advertises,
represents or holds itself out as selling or maintaining kratom products;
and
(f) "secretary" means the secretary of agriculture.
Sec. 3. A processor shall not prepare, distribute, sell or expose for
sale any of the following:
(a) A kratom product that is adulterated with a dangerous non-kratom
substance. A kratom product is adulterated with a dangerous non-kratom
substance if the kratom product is mixed or packed with a non-kratom
substance and that substance affects the quality or strength of the kratom
product to such a degree as to render the kratom product injurious to a
consumer;
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HB 2230 2
(b) a kratom product that is contaminated with a dangerous non-
kratom substance. A kratom product is contaminated with a dangerous
non-kratom substance if the kratom product contains a poisonous or
otherwise deleterious non-kratom ingredient, including, but not limited to,
the substances listed in K.S.A. 65-4101 et. seq., and amendments thereto,
and analogs (cf. 65-4101) of those substances;
(c) a kratom extract that contains levels of residual solvents higher
than is allowed in United States pharmacopeia chapter 467;
(d) a kratom product containing a level of 7-hydroxymitragynine in
the alkaloid fraction that is greater than 1% of the overall alkaloid
composition of the product;
(e) a kratom product containing any synthetic alkaloids, including
synthetic mitragynine, synthetic 7-hydroxymitragynine or any other
synthetically derived compounds of the kratom plant; or
(f) a kratom product that does not provide labeling directions
necessary for safe use by consumers, including a recommended serving
size, and the name and address of the manufacturer. Each kratom product
label shall contain the following: 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.
Sec. 4. A processor shall not distribute, sell or expose for sale a
kratom product to an individual under 21 years of age.
Sec. 5. (a) A processor that violates section 3 or 4, and amendments
thereto, shall be subject to a fine for a first offense of not more than $1,000
and for a second or subsequent offense of not more than $2,000. Upon the
request of a person to whom an administrative fine is issued, the director
shall conduct a hearing in accordance with K.S.A. 77-501 et seq, and
amendments thereto.
(b) A retailer does not violate section 3, and amendments thereto, if it
is shown by a preponderance of the evidence that the retailer relied in good
faith upon the representations of a manufacturer, processor, packer or
distributor of food represented to be a kratom product.
Sec. 6. The secretary of agriculture shall adopt rules and regulations
to administer sections 1 through 6, and amendments thereto.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
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