Read the full stored bill text
A4222
ASSEMBLY, No. 4222
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Assemblywoman� CAROL A. MURPHY
District 7 (Burlington)
Assemblyman� ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
Co-Sponsored by:
Assemblyman Bhalla
SYNOPSIS
���� Creates �New Jersey Kratom Protection Act.�
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
creating the �New Jersey Kratom Consumer Protection
Act;� and establishing chapter 6O of Title 24 of the New Jersey Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Short Title.
���� This act shall be known and
may be cited as the �New Jersey Kratom Consumer Protection Act.�
���� 2.��� Definitions relative to
the regulation and use of Kratom.
���� As used in this act:
���� �Department� means the
Department of Health.
���� �Food� means any food, food
product, food ingredient, dietary ingredient, dietary supplement, or beverage
intended for human consumption.�
���� �Kratom� means the tropical
evergreen known as the Mitragyna speciose that is native to Southeast Asia that
contains the alkaloid mitragynine, which has stimulant and opioid-like
properties.
���� �Kratom extract� means a food
product or dietary ingredient containing any part of the leaf of the plant
Mitragyna Speciosa that has been extracted and concentrated in order to provide
more standardized dosing.
���� �Kratom retailer� means any
individual, partnership, limited liability company, corporation, joint venture,
association, trust, estate or any other legal entity, and any officer, member,
shareholder, director, employee, agent or representative of any such entity who
sells, maintains, distributes kratom products, or advertises, represents, or
holds itself out to be selling or maintaining kratom products.
���� �Kratom product� means a food
product or dietary ingredient containing any part of the leaf of the plant
Mitragyna speciose or an extract of it; or is manufactured as a powder,
capsule, pill, beverage, or other edible form; and all kratom products are foods.
���� �Manufacture� means
the production, preparation, compounding,
or processing of kratom, either directly or indirectly or by extraction from
substances of natural origin, or independently by means of chemical synthesis
or by a combination of extraction and chemical synthesis, and includes, but is
not limited to, any packaging or repackaging of such substance or labeling or
relabeling of its container.
���� �Transaction scan� means the process by which a person
checks, by means of a transaction scan device, the age and identity of the
identification holder.
���� �Transaction scan device� means any commercial device or
combination of devices used at a point of sale that is capable of deciphering
in an electronically readable format the information enclosed on the magnetic
strip or bar code of a driver�s license or other governmental identity card.
���� 3.��� Product Labeling.
���� Any retailer who prepares,
distributes, sells, or exposes for sale a food that is represented to be kratom
product shall disclose on the label of such kratom product the factual basis
upon which such representation is made.
���� 4.��� Product Limitations.
���� A retailer shall not prepare,
distribute, sell, or expose for sale any of the following:
���� a.���� any 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.
���� b.��� any 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, any substance specifically listed in N.J.S.2C:35-3, section
3 of P.L.1997, c.194 (C.2C:35-5.2), section 5 of P.L.1997, c.194 (C.2C:35-5.3),
section 2 of P.L.2011, c.120 (C.2C:35-5.3a) or in section 2 of P.L. 2013, c.35
(C.2C:35-5.3b), and any other drug or non-kratom substance which, when
ingested, is metabolized or otherwise becomes a controlled dangerous substance
in the human body.
���� c.���� any kratom product
containing a level of 7-hydroxymitragynine in the alkaloid fraction that is
greater than 2% of the overall alkaloid composition of the product.
���� d.��� any kratom extract that
contains levels of residual solvents higher than is allowed in USP-NF chapter
467.
���� e.���� any kratom product
containing any synthetic alkaloids including synthetic mitragynine, synthetic
7-hydroxymitragynine, or any other synthetically derived compounds of the
kratom plant.
���� f.���� any kratom product that
does not include on its package or label the amount of mitragynine and
7-hydroxymitragynine contained in such product, and does not provide adequate
labeling directions necessary for safe and effective use by consumers,
including a recommended serving size.
���� 5.��� Age Limits.
���� a.���� No retailer shall
knowingly distribute or sell any kratom product to any individual under 21
years of age.
���� b.��� Any person operating a
place of business or kratom retailer wherein kratom is sold or offered for sale
is prohibited from selling such kratom products to individuals under the age of
21, and shall post in a conspicuous place a sign upon which there shall be
imprinted the following statement. �SALE OF KRATOM TO PERSONS UNDER 21 YEARS OF
AGE IS PROHIBITED BY LAW.�
���� c.���� Sales of kratom shall
be made only to an individual who demonstrates, through (i) a valid driver�s
license or non-driver�s identification card issued by the New Jersey Motor
Vehicle Commission, the federal government, any United States territory,
commonwealth, the District of Columbia, or (ii) a valid passport issued by the
United States government or any other country, or (iii) an identification card
issued by the armed forces of the United States, or (iv) any other photographic
identification card issued by a governmental entity or educational institution
indicating that the individual is at least 21 years of age.
���� d.��� (1)� Any person
operating a place of business or retailer where kratom is sold or offered for
sale may perform a transaction scan of the identification as a precondition for
such purchases.
���� (2)�� In any instance where
the information presented by the transaction scan fails to match the
information printed on the identification provided, the attempted transaction
shall be denied.
���� (3)�� It shall be an
affirmative defense that such person produced a valid form of identification,
successfully completed a transaction scan, and that the kratom was sold in
reasonable reliance upon such identification and transaction scan.
���� (4)�� a retailer or operator
of a business where kratom is sold may electronically record or maintain only
the information from a transaction scan necessary to effectuate this section.�
Such information shall be limited to the (i) name, (ii) date of birth, (iii)
driver�s license or non-driver identification number, and (iv) the expiration
date.
���� 6.��� Penalties.
���� a.���� A retailer found to be
in violation of section 3 or 4 of P.L.�� , c.��� (C.��� )(pending before the
Legislature as this bill) shall be subject to a civil penalty up to $500 for
the first offense and up to $1,000 for a second offense.� All penalties shall
be payable to the State Treasurer and may be recovered by the Department of
Health in a proceeding under the �Penalty Enforcement Law of 1999,� P.L.1999,
c.274 (C.2A:58-10 et seq.).
���� b.��� For a third violation of
section 3 or 4 of
P.L. , c (C. )(pending
before the Legislature as this bill) the retailer shall be prohibited from
selling kratom products for three years.� If the department received a
complaint that the owner or manager of a vendor is selling kratom products
during the period of suspension, the Department shall forward the information
to the applicable county prosecutor of the county where the transaction
occurred.
���� c.���� For a third violation
of section 3 or 4 of
P.L. , c. (C. )(pending
before the Legislature as this bill) the operator of a kratom retail
establishment shall be guilty of a disorderly persons offense.
���� d.��� Any person aggrieved by
a violation of this article may, in addition to and distinct from any other
remedy at law or equity, bring a private cause of action in a competent court
of jurisdiction, for any damages resulting from such violation, including, but
not limited to, economic, noneconomic, and consequential damages.
���� e.���� A retailer does not
violate section 3 or section 4 of P.L.�� , c.�� (C.�� )(pending before the
legislature as this bill) if it is shown by a preponderance of the evidence
that the retailer relied in good faith upon the representation of the
manufacturer, processor, packer, or distributor of food represented to be a
kratom product.
���� f.���� A kratom retailer that
violates section 5 of
P.L. , c. (C. )(pending
before the legislature as this bill) is guilty of a petty disorderly persons
offense.
���� 7.��� Rules and Regulations.
���� a.���� The department shall
adopt rules for the administration and enforcement of this act establishing:
���� (1)�� Standards for testing to
ensure a kratom product is safe for human consumption;
���� (2)�� Standards for accurate
labeling, as required by section 3 of P.L.��� , c.��� (C.������� )(pending
before the Legislature as this bill), to ensure safe and effective use of a
kratom product by consumers, including a recommended serving size;
���� (3)�� Any other rules
necessary to effectuate the purposes of P.L. , c.���
(C.������� )(pending before the Legislature as this bill), including, but not
limited to, determining product registration.
���� b.��� The department may set
a fee to register a kratom product. The fee may be paid by a producer,
manufacturer, or distributor of a kratom product.
���� (1) The department shall
require the kratom product registrant to sign, under penalty of perjury, an
affidavit certifying compliance with sections 3, 4, and 5 of P.L.��� , c.���
(C.������� )(pending before the Legislature as this bill), and any rules adopted
by the department under this section;
���� (2)�� The department shall
create a model form for the affidavit certifying compliance.
���� c.���� The department may
establish penalties for any person who sells a kratom product that is not
registered with the department and may assess the penalty against any person
who offers an unregistered kratom product for sale in this state.
���� d.��� All penalties received
pursuant to this section shall be payable to the State Treasurer and shall be
recovered by the Department of Health in a proceeding under the �Penalty
Enforcement Law of 1999,� P.L.1999, c.274 (C.2A:58-10 et seq.).
���� 8.��� The commissioner of the
Department of Health shall conduct a study relating to kratom.� The study shall
include, but not be limited to, the potential health risks, benefits and
effects of kratom and shall review all available data relating to such.� The department
shall publish and submit a report of the commissioner�s findings and
recommendations to the Governor on or before one year from the effective date
of this act.
���� 9.��� This act shall take
effect immediately.
STATEMENT
���� This bill establishes the New
Jersey Kratom Consumer Protection Act.� The bill regulates the safe
distribution and sale of kratom products and provides the necessary definitions
for purposes of effectuating the act.� The bill defines �kratom� as the tropical
evergreen known as the Mitragyna speciose that is native to Southeast Asia that
contains the alkaloid mitragynine, which has stimulant and opioid-like
properties.�
���� The bill establishes that a
kratom retailer shall disclose on the label that the product is a kratom
product.� The information disclosed on the label shall be regulated by the
Department of Health.� The Department of Health may also establish fees for registration
of kratom products and may establish administrative penalties for any person
who sells a kratom product with out product registration.
���� Lastly, the bill establishes
penalties and prohibitions on kratom retailers.� Retailers shall not distribute
or sell any kratom product to an individual under 21 years of age.� If a
retailer so distributes to an individual less than 21 years of age, the retailer
shall be guilty of a petty disorderly offense.� A petty disorderly persons
offense is punishable by up to 30 days in prison, or up to a $500 penalty, or
both� Further, a kratom retailer shall not prepare, distribute, sell, or expose
for sale:� (i) any kratom product that is adulterated with a dangerous
non-kratom substance;� (ii) any kratom product that is contaminated with a
dangerous non-kratom substance, including, but not limited to, a controlled
dangerous substance as defined in the New Jersey Statutes;� (iii) any kratom
product containing a level of 7-hydroxymitragynine in the alkaloid fraction
that is greater than 2% of the overall alkaloid composition;� (iv) any kratom
extract that surpasses the standards in USP-NF chapter 467;� (v) any kratom
product containing any synthetic alkaloids;� (vi) any kratom product that does
not include on its package or label the amount of mitragynine and
7-hydroxymitragynine contained in such product.� Violators of these rules are
subject to a $500 civil penalty for the first offense, $1,000 penalty for the
second offense, and in the instance of a third offense, a retailer shall be
prohibited from selling kratom products for a period of 3 years.� If a retailer
sells kratom products during this period, the person shall be guilty of a
disorderly persons offense.� A disorderly persons offense is punishable by up
to 30 days in prison, a penalty up to $1,000, or both.
���� Any retailer shall have the
right to request a hearing to challenge a penalty.� A retailer shall not be
subject to penalty or imprisonment if it is shown by a preponderance of the
evidence that the retailer relied in good faith upon the representation of the
manufacturer, processor, packer, or distributor that the product represented
was a kratom product.