HB3127 104TH GENERAL ASSEMBLY

LRB104 08035 RLC 18081 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3127

Introduced 2/18/2025, by Rep. William E Hauter

SYNOPSIS AS INTRODUCED:

See Index

Creates the Kratom Consumer Protection Act. Establishes safety requirements for the preparation, distribution, sale, and offer for sale of Kratom products and extracts. Prohibits the preparation, distribution, sale, and offer for sale of adulterated Kratom products and extracts. Provides that a processor of Kratom products that violates the Act is subject to an administrative penalty of not more than $5,000 for the first offense and not more than $10,000 for the second or subsequent offense. Provides that the penalty shall be collected by the Department of Public Health and paid into the Food and Drug Safety Fund. Requires, upon the request of a person to whom an administrative penalty is issued, the Director of Public Health to conduct a hearing in accordance with the Illinois Administrative Procedure Act. Provides that a processor shall not knowingly distribute, sell, or offer for sale a Kratom product to a person under 21 years of age. Provides that a person who violates the age restrictions shall be punished as provided in the Kratom Control Act. Provides that a processor does not violate the Act if it is shown by a preponderance of the evidence that the processor relied in good faith upon the representations of a manufacturer, processor, packer, or distributor of food represented to be a Kratom product. Amends the Kratom Control Act. Changes the age in which a person may not purchase and possess and to whom Kratom may not be sold, bought for, distributed samples of, or furnished from under 18 years of age to under 21 years of age. Provides that no person or entity shall advertise a product containing any quantity of Kratom, in any form or medium, within 1,000 feet of the perimeter of school grounds, a playground, a recreation center or facility, a child care center, a public park or public library, or a game arcade that admits persons under 21 years of age. Provides that no person or entity shall sell a product containing any quantity of Kratom, in any form or through any medium, within 1,000 feet of the perimeter of school grounds, a playground, a recreation center or facility, a child care center, a public park or public library, or a game arcade that admits persons under 21 years of age. Provides that a violation is a business offense punishable by a fine not to exceed $5,000.

A BILL FOR

AN ACT concerning Kratom.

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

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

Section 5. Definitions.

(a) As used in this Act:

"Director" means the Director of Public Health.

"Food" means a food, food product, food ingredient, dietary ingredient, dietary supplement, or beverage for human consumption. "Food" includes a Kratom product.

"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 product" means a food product or dietary ingredient containing any part of the leaf of the plant Mitragyna speciosa, or an extract of it, that is manufactured as a powder, capsule, pill, beverage, or other edible product.

"Processor" means a person who sells, prepares, manufactures, distributes, or maintains Kratom products or who advertises, represents, or holds himself or herself out as selling, preparing, or maintaining Kratom products.

Section 10. Kratom product limitations. A processor shall not knowingly prepare, distribute, sell, or offer for sale any of the following:

(1) A Kratom product that is adulterated with a dangerous non-Kratom substance. For purposes of this Act, 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.

(2) A Kratom product that is contaminated with a dangerous non-Kratom substance. For purposes of this Act, 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 Section 204, 206, 208, 210, or 212 of the Illinois Controlled Substances Act.

(3) A Kratom extract that contains levels of residual solvents higher than is allowed by United States Pharmacopeia (USP) 467.

(4) A Kratom product containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 1.5% of the overall alkaloid composition of the product.

(5) A Kratom product containing any synthetic alkaloid, including, but not limited to, synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compound of the Kratom plant.

(6) A Kratom product that does not provide adequate labeling directions necessary for safe and effective use by consumers, including, but not limited to, a recommended serving size.

Section 15. Age limits. A processor shall not knowingly distribute, sell, or offer for sale a Kratom product to a person under 21 years of age. A person who violates this Section shall be punished as provided in paragraph (2) of subsection (e) of Section 5 of the Kratom Control Act. A person who advertises or sells a Kratom product in a place described in subsections (b) and (c) of Section 10 of the Kratom Control Act shall be punished as provided in subsection (d) of Section 10 of the Kratom Control Act.

Section 20. Violations.

(a) A processor who violates Section 10 is subject to an administrative penalty of not more than $5,000 for a first offense and not more than $10,000 for a second or subsequent offense. The penalty shall be collected by the Department of Public Health and deposited into the Food and Drug Safety Fund. Upon the request of a person to whom an administrative penalty is issued, the Director shall conduct a hearing in accordance with the Illinois Administrative Procedure Act.

(b) A processor does not violate Section 10 if it is shown by a preponderance of the evidence that the processor relied in good faith upon the representations of a manufacturer, processor, packer, or distributor of food represented to be a Kratom product.

Section 90. The Kratom Control Act is amended by changing Section 5 and by adding Section 10 as follows:

(720 ILCS 642/5)

Sec. 5. Kratom sale to or possession by minors prohibited.

(a) As used in this Act, "Kratom" means any parts of the plant Mitragyna speciosa, whether growing or not, and any compound, manufacture, salt, derivative, mixture, or preparation of that plant, including but not limited to mitragynine and 7-hydroxymitragynine.

(b) A person minor under 21 18 years of age shall not knowingly purchase or possess any product containing any quantity of Kratom.

(c) A person minor under 21 18 years of age in the furtherance or facilitation of obtaining any product containing Kratom shall not knowingly display or use a false or forged identification card or transfer, alter, or deface an identification card.

(d) A person shall not knowingly sell, buy for, distribute samples of, or furnish any product containing any quantity of Kratom to any person minor under 21 18 years of age.

(e) Sentence.

(1) Violation of subsection (b) or (c) of this Section is a Class B misdemeanor.

(2) Violation of subsection (d) of this Section is a Class B misdemeanor for which the offender shall be fined an amount of not less than $500.

(Source: P.A. 98-981, eff. 1-1-15.)

(720 ILCS 642/10 new)

Sec. 10. Kratom sales and advertisements within 1,000 feet of certain areas prohibited.

(a) In this Section, "advertise" means to engage in promotional activities on behalf of a product, including, but not limited to:

(1) billboard, newspaper, radio, Internet, electronic media, or television advertising;

(2) the distribution of fliers or circulars; or

(3) the display of window or interior signs.

"Advertise" does not mean to post exterior signs displaying only the name of a business.

(b) No person or entity shall advertise a product containing any quantity of Kratom, in any form or medium, within 1,000 feet of the perimeter of school grounds, a playground, a recreation center or facility, a child care center, a public park or public library, or a game arcade that admits persons under 21 years of age.

(c) No person or entity shall sell a product containing any quantity of Kratom, in any form or medium, within 1,000 feet of the perimeter of school grounds, a playground, a recreation center or facility, a child care center, a public park or public library, or a game arcade that admits persons under 21 years of age.

(d) A violation of this Section is a business offense punishable by a fine not to exceed $5,000.