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SECOND REGULAR SESSION
HOUSE BILL NO. 2700
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE MURPHY .
6403H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 196, RSMo, by adding thereto seven new sections relating to kratom
products, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 196, RSMo, is amended by adding thereto seven new sections, to
2 be known as sections 196.1 151, 196.1 154, 196.1 157, 196.1 160, 196.1 163, 196.1 166, and
3 196.1 169, to read as follows:
196.1 151. Sections 196.1 151 to 196.1 169 shall be known and may be cited as the
2 "Missouri Kratom Consumer Pr otection Act".
196.1 154. As used in sections 196.1 151 to 196.1 169, the following terms mean:
2 (1) "Attractive to children ", a pr oduct manufactur ed:
3 (a) In a shape that r esembles a human, a cartoon character , or an animal; or
4 (b) In a form that r esembles an existing candy prod uct that is a widely
5 distributed, branded food item;
6 (2) "Department", the department of health and senior services;
7 (3) "Finished kratom pr oduct", a kratom pro duct that is r eady for sale to the
8 end user . For purposes of regi stration, a finished kratom prod uct is differ entiated by its
9 ingr edients, not by its weight, volume, or size;
10 (4) "Food service establishment", any establishment pro viding or serving food
11 dir ectly to consumers that is regu lated by the department of health and senior services
12 and local public health agencies;
13 (5) "Kratom", the plant or any part of the plant Mitragyna speciosa in any form;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
14 (6) "Kratom beverage", a pr epackaged liquid kratom pr oduct in the form of a
15 tea, a seltzer or tonic water , or a tinctur e;
16 (7) "Kratom food service establishment", any food service establishment that
17 sells finished kratom pro ducts;
18 (8) "Kratom pr oduct", a food pr oduct, food ingr edient, dietary ingr edient,
19 dietary supplement, or beverage intended for human consumption that contains any
20 part of the leaf of the plant Mitragyna speciosa and is manufactur ed as a powder ,
21 capsule, pill, beverage, or other consumable form;
22 (9) "Process or", an entity that:
23 (a) Refines kratom into input ingr edients for the purpose of manufacturing a
24 finished kratom prod uct;
25 (b) Manufacture s finished kratom prod ucts; or
26 (c) Packages finished kratom pr oducts for r esale.
196.1 157. Finished kratom prod ucts sold to consumers at a ret ail establishment,
2 a convenience stor e, or a kava or kratom bar in this state:
3 (1) Shall be in one of the following delivery forms:
4 (a) Dried leaf;
5 (b) Kratom beverage;
6 (c) Powder;
7 (d) Pill;
8 (e) Liquid dietary supplement;
9 (f) Gummy or food that is not attractive to childr en; or
10 (g) Capsule;
11 (2) Shall possess a certificate of analysis that has been submitted to the
12 department as req uired under section 196.1 160;
13 (3) Shall be regi stered with the department;
14 (4) Shall include direction s for consumption of the kratom prod uct on the
15 pr oduct's label including, but not limited to:
16 (a) Maximum dosage of one hundred milligrams of kratom alkaloids per
17 serving;
18 (b) Number of servings per package;
19 (c) Milligrams of 7-hydro xymitragynine and mitragynine per serving;
20 (d) A warning advising consumers of the number of servings that may be safely
21 consumed in a twenty-four -hour period;
22 (e) A warning pro hibiting use by individuals who are under twenty-one years of
23 age;
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24 (f) A warning advising against use by individuals who are pr egnant or breast-
25 feeding;
26 (g) A warning advising the consumer to consult a health care pr ofessional before
27 use, that the prod uct may be habit-forming, and that it may cause adverse health
28 effects;
29 (h) A warning stating the following: "These statements have not been evaluated
30 by the United States Food and Drug Administration. This pro duct is not intended to
31 diagnose, tr eat, cur e, or prev ent any disease.";
32 (i) The expiration date; and
33 (j) The name and place of business of the registra nt;
34 (5) Shall comply with the packaging and labeling r equir ements set forth in this
35 chapter and the rules adopted ther eunder;
36 (6) Shall not be attractive to childr en;
37 (7) Shall be in a container that:
38 (a) Is suitable to contain pr oducts for human consumption;
39 (b) Is compliant with the United States Poison Pr evention Packaging Act of 1970,
40 15 U.S.C. Section 1471 et seq.; and
41 (c) Contains a graduated measuring device, if applicable;
42 (8) Shall not be adulterated including, but not limited to, containing metals,
43 pesticides, or pathogens in excess of the limits set by sections 196.1 151 to 196.1 169 or
44 department rule;
45 (9) Shall be sold only in establishments that res trict entry to persons who are
46 twenty-one years of age or older and r equir e age verification; and
47 (10) Shall not be served in a form that combines or mixes finished kratom
48 pr oducts with psychoactive substances that impact the central nervous system
49 including, but not limited to, alcohol, caffeine, kava, cannabinoids, and nicotine.
196.1 160. 1. Kratom pr oducts shall be manufactur ed or distributed in this state
2 only by a pr ocessor who is subject to and in compliance with all state laws and
3 r egulations applicable to food proce ssors. Kratom prod ucts shall not be manufactur ed
4 or distributed by a cottage food pr oduction operation under section 196.298.
5 2. A process or that manufactur es, pr ocesses, packs, or offers for sale kratom,
6 kratom pro ducts, or finished kratom pro ducts shall be prop erly register ed with the
7 United States Food and Drug Administration.
8 3. A proc essor shall comply with Curr ent Good Manufacturing Practices
9 contained in 21 CFR Part 210.
10 4. A pr ocessor shall maintain pr oduct liability insurance with an occurr ence
11 limit of thr ee million dollars.
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12 5. For each batch of a registe red finished kratom pr oduct, the pr ocessor shall
13 r etain and submit, upon req uest, a certificate of analysis to the department from an
14 accr edited laboratory . The laboratory shall be accr edited under the International
15 Organization for Standardization (ISO)/International Electro technical Commission
16 (IEC) 17025:2017 General Requirem ents for the Competence of T esting and Calibration
17 Laboratories standard by an accr editation body that is a signatory to the International
18 Laboratory Accr editation Cooperation Mutual Recognition Arrangement or a
1 9 subsequent arrangement. The proce ssor shall not have any direc t or indirec t
20 financial or economic inter est in the laboratory or accr editing body . The proc essor
21 shall maintain the certificates of analysis for a minimum of one year after the finished
22 kratom prod uct's expiration date. The certificate of analysis shall demonstrate that the
23 finished kratom pr oduct is in compliance with the statutory and rule concentration
24 limits for:
25 (1) Alkaloid and alkaloid metabolites;
26 (2) Residual solvents;
27 (3) Heavy metals including, but not limited to, cadmium, arsenic, mer cury , and
28 lead; and
29 (4) Pesticides and any substance limited by rule of the department.
30 6. A finished kratom pr oduct served by a kratom food service establishment
31 shall be regist ered with the department and comply with the requ irem ents of sections
32 196.1 151 to 196.1 169, except that a separate regi stration under sections 196.1 151 to
33 196.1 169 is not requ ired when a kratom beverage is combined with another food or
34 beverage by the kratom food service establishment for consumption on pr emises. It is
35 unlawful to serve kratom beverages combined with alcohol, drugs, or other kratom
36 pr oducts.
37 7. Section 196.1 157 shall not apply to finished kratom pro ducts pro cessed or
38 manufactur ed in this state and subsequently shipped or transported out of this state for
39 sale or use outside of this state.
40 8. Finished kratom pro ducts prod uced in this state and subsequently shipped or
41 transported out of this state for sale or use outside of this state:
42 (1) Shall not be sold, shipped, or transported to a consumer in this state, to a
43 r etail establishment in this state, or to a person who sells or intends to sell such pr oducts
44 to a consumer in this state;
45 (2) Shall be in a package marked "NOT FOR USE OR RET AIL SALE IN
46 MISSOURI" in a bold font size of at least thirty-six points; and
47 (3) Shall be physically separated fr om finished kratom pr oducts that are, or ar e
48 intended to be, sold or used in this state.
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196.1 163. 1. If a proce ssor or the department r eceives notice of any adverse
2 health event suspected to be r elated to the pro cessor's kratom pro duct, the proce ssor or
3 the department shall submit an adverse event repo rt as set out in the Federal Food,
4 Drug, and Cosmetic Act, 21 U.S.C. Section 379aa-1(b)(1), to the United States Food and
5 Drug Administration.
6 2. If prob able cause exists that a kratom pro duct may be adulterated, the
7 department may r equir e an independent third-party test of the kratom pr oduct by a
8 laboratory of the department's choice, and the pr ocessor shall pay the cost of the test. If
9 the proc essor does not make such payment to the department within thirty days after
10 r eceiving the invoice for the testing fee, the department shall revok e the reg istration for
11 that pr oduct.
196.1 166. 1. A violation of section 196.1 160 is a class B misdemeanor .
2 2. A pr ocessor that manufactur es, delivers, offers for sale, distributes, or sells a
3 finished kratom pr oduct that violates subdivision (2) or (3) of section 196.1 157 shall be
4 guilty of a class B misdemeanor .
5 3. Kratom prod ucts possessed, manufactur ed, deliver ed, offer ed for sale,
6 distributed, or sold in violation of sections 196.1 151 to 196.1 169 by an entity regu lated
7 under this chapter may be detained or embargoed in the same manner as prov ided in
8 section 196.030, and the entity in violation is subject to all penalties and r emedies that
9 apply for a violation of section 196.015. The department shall not grant permission to
10 r emove or use, except for disposal, detained or embargoed finished kratom prod ucts
11 that are attractive to children until the finished kratom pro ducts comply with sections
12 196.1 151 to 196.1 169.
13 4. If a process or fails to pr ovide the department with a certificate of analysis
14 within seven days after rece iving a requ est fr om the department or fails to immediately
15 r eport an adverse health event to the department as requi red by sections 196.1 151 to
16 196.1 169, the department may r evoke the pr ocessor's finished kratom produc t
17 r egistration.
18 5. A pr ocessor that manufactur es, delivers, offers for sale, distributes, or sells a
19 kratom pr oduct that contains any controlled substance or adulterants is in violation of
20 sections 196.1 151 to 196.1 169.
21 6. A laboratory that fails to ensure the accuracy of its certificates of analysis
22 issued under sections 196.1 151 to 196.1 169 is subject to an administrative fine in an
23 amount determined by the department by rule.
196.1 169. The department shall promulg ate all necessary rules and reg ulations
2 for the administration of sections 196.1 151 to 196.1 169. Any rule or portion of a rule, as
3 that term is defined in section 536.010, that is creat ed under the authority delegated in
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4 this section shall become effective only if it complies with and is subject to all of the
5 pr ovisions of chapter 536 and, if applicable, section 536.028. This section and chapter
6 536 are nonseverable and if any of the powers vested with the general assembly
7 pursuant to chapter 536 to revi ew , to delay the effective date, or to disappr ove and annul
8 a rule are subsequently held unconstitutional, then the grant of rulemaking authority
9 and any rule prop osed or adopted after August 28, 2026, shall be invalid and void.
✔
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