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An Act
ENROLLED SENATE
BILL NO. 891 By: Murdock and Prieto of the
Senate
and
Pae of the House
An Act relating to kratom products; amending 63 O.S.
2021, Sections 1-1432.2 and 1-1432.4, as amended by
Sections 1 and 2, Chapter 278, O.S.L. 2024 (63 O.S.
Supp. 2024, Sections 1-1432.2 and 1-1432.4), which
relate to the Oklahoma Kratom Consumer Protection
Act; modifying and adding definitions; removing
certain packaging and labeling requirements;
requiring inclusion of certain statement on labels;
directing vendors to provide test results from
independent testing laboratories upon request; and
providing an effective date.
SUBJECT: Kratom products
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-1432.2, as
amended by Section 1, Chapter 278, O.S.L. 2024 (63 O.S. Supp. 2024,
Section 1-1432.2), is amended to read as follows:
Section 1-1432.2. As used in this act the Oklahoma Kratom
Consumer Protection Act:
1. "Food" means a food, food product, food ingredient, dietary
ingredient, dietary supplement or beverage for human consumption;
2. "Independent testing laboratory" means a laboratory that:
a. does not have a direct or indirect interest in the
entity whose product is being tested,
ENR. S. B. NO. 891 Page 2
b. does not have a direct or indirect interest in a
facility that processes, distributes, dispenses, or
sells kratom products in this state or in another
jurisdiction, and
c. is nationally accredited by an accrediting body as
defined by Section 150.37 of Title 74 of the Oklahoma
Statutes;
2. 3. "Kratom leaf" means the leaf of the kratom plant,
Mitragyna speciosa, in fresh or dehydrated or dried form that
undergoes no post-harvest processing other than drying or size
reduction by cutting, milling, or similar procedure, and may be
cleaned or sterilized using standard treatments applied to food
ingredients, such as heat, steam, pressurization, or irradiation or
other standard treatments applied to food ingredients. The total
alkaloid content of kratom leaf material used in the kratom product
shall not exceed three and one-half percent (3.5%) measured on a
dried weight-to-weight basis;
3. 4. "Kratom leaf extract" means the material obtained by
extracting kratom using a solvent consisting of:
a. water, ethanol, or food-grade carbon dioxide (CO2), or
b. any other solvent allowed by federal or state
regulation for use in manufacturing a food ingredient.
The extracted material shall contain mitragynine as the most
abundant alkaloid, measured on a weight-to-weight basis, and at a
level that is equal to or exceeds twice that of any other alkaloid
present. The ratio of mitragynine to other alkaloids in the extract
shall be equal to or greater than the ratio found in the starting
material;
4. 5. "Kratom product" means a food or dietary supplement that
consists of or contains kratom leaf or kratom leaf extract that does
not contain any synthesized kratom alkaloids, other synthesized
kratom constituents, or synthesized metabolites of any kratom
constituent in which the level of 7-hydroxymitragynine, on a percent
weight basis, is not greater than one percent (1%) of the amount of
ENR. S. B. NO. 891 Page 3
total kratom alkaloids, as confirmed with a high-performance liquid
chromatography testing method. For purposes of this paragraph,
"synthesized" refers to substances produced using directed synthetic
or biosynthetic chemistry, as opposed to traditional food
preparation techniques such as heating or extracting;
5. 6. "Total kratom alkaloids" means the sum of mitragynine,
speciociliatine, speciogynine, paynantheine, and 7-
hydroxymitragynine; and
6. 7. "Vendor" means a person or entity that sells, prepares or
maintains kratom products or that advertises, represents, or holds
himself, herself, or itself out as selling, preparing or maintaining
kratom products and includes a manufacturer, wholesaler, store,
restaurant, hotel, catering facility, camp, bakery, delicatessen,
supermarket, grocery store, convenience store, nursing home, or food
or drink company.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-1432.4, as
amended by Section 2, Chapter 278, O.S.L. 2024 (63 O.S. Supp. 2024,
Section 1-1432.4), is amended to read as follows:
Section 1-1432.4. A. A vendor shall not prepare, distribute,
sell, or expose for sale any of the following:
1. A kratom product that does not meet the definition for a
kratom product pursuant to Section 1-1432.2 of this title;
2. A kratom product that is contaminated with a dangerous
nonkratom substance. A kratom product is contaminated with a
dangerous nonkratom substance if the kratom product contains a
substance that is not safe for human consumption;
3. A kratom product containing a level of 7-hydroxymitragynine
in the alkaloid fraction that is greater than one percent (1%) of
the alkaloid composition of the product;
4. A kratom product containing any synthesized alkaloid
including synthesized mitragynine, synthesized 7-hydroxymitragynine
or any other synthesized compounds of the kratom plant;
ENR. S. B. NO. 891 Page 4
5. A kratom product containing any controlled substance listed
in the Uniform Controlled Dangerous Substances Act, unless the
product is compounded by a licensed pharmacist with the controlled
substance dispensed in accordance with a valid prescription; or
6. A kratom product containing a level of any residual solvent
that was used in the manufacturing of the extract that exceeds the
residual level specified for pharmaceutical products in the document
"Q3C - Tables and List, Guidance for Industry, [June 2017] ICH
Revision 3" issued by the United States Department of Health and
Human Services, Food and Drug Administration.
B. Kratom products shall be accompanied by a label bearing the
following information prior to its sale in this state:
1. A list of the ingredients, which shall include the common or
usual name of each ingredient used in the manufacture of the
product, listed in descending order of predominance;
2. That the sale or transfer of kratom to a person under
eighteen (18) years of age is prohibited;
3. The amount of total kratom alkaloids, mitragynine, and 7-
hydroxymitragynine contained in the product;
4. The amount of total kratom alkaloids, mitragynine, and 7-
hydroxymitragynine contained in packaging for the product;
5. The name and the principal street address of the vendor or
the person responsible for distributing the product;
6. Any federal food allergen labeling requirements, if
applicable, and clear and adequate directions for the consumption
and safe and effective use of such product, including the
recommended serving size, the number of servings in the container,
and the number of servings that can be safely consumed in a day.
Provided, liquid kratom products shall be packaged in a retail
container that has clear serving size markings and be subject to the
following requirements:
ENR. S. B. NO. 891 Page 5
a. products of less than eight (8) fluid ounces which
contain more than three servings shall be accompanied
by a calibrated measuring device, and
b. if such a product contains more than the eight (8)
fluid ounces, the requirements specified in
subparagraph a of this paragraph do not apply.
Provided further, packaging for powdered kratom products not in
capsule form shall have a calibrated measuring device included in
the container;
7. Any precautionary statements as to the safety and
effectiveness of the product, including a warning that a consumer
should consult a health care professional on questions about the use
of kratom, and that the product may be habit-forming, and a
statement that the kratom product is not intended to "diagnose,
treat, cure, or prevent any disease"; and
8. A statement that a kratom product label is prohibited from
making any therapeutic claims unless approved by the United States
Food and Drug Administration. states, "These statements have not
been evaluated by the United States Food and Drug Administration.
This product is not intended to diagnose, treat, cure, or prevent
any disease."
C. A vendor may not distribute, sell, or expose for sale a
kratom product to an individual under eighteen (18) years of age.
D. Upon request by the State Department of Health, the vendor
shall provide test results from a United States-based testing
facility, that is an independent testing laboratory as defined in
Section 1-1432.2 of this title, to confirm the items listed on the
product label.
SECTION 3. This act shall become effective November 1, 2025.
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Passed the Senate the 14th day of May, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the 5th day of May, 2025.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________