| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Amended IN Assembly April | |
| 1 | + | Amended IN Assembly April 10, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1088Introduced by Assembly Member BainsFebruary 20, 2025An act to add Chapter 3 (commencing with Section 24378) to Division 20 of the Health and Safety Code, relating to public health. An act to add Article 16 (commencing with Section 111224.8) to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, relating to public health.LEGISLATIVE COUNSEL'S DIGESTAB 1088, as amended, Bains. Public health: 7-Hydroxymitragynine. Public health: kratom.Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the manufacturing, processing, labeling, advertising, and sale of food, drugs, and cosmetics, under the administration and enforcement of the State Department of Public Health (department) and in accordance with the Federal Food, Drug, and Cosmetic Act. The act generally requires manufacturers, packers, and holders of processed foods to register with the department. A violation of the act is a crime.This bill would add kratom products and products containing 7-hydroxymitragynine (7-OH products), as defined, to the Sherman Food, Drug, and Cosmetic Law. The bill would prescribe specified quantities of alkaloids present in kratom products and 7-OH products and would establish labeling and packaging requirements for those products. The bill would prohibit the sale of kratom products and 7-OH products to those under 21 years of age. The bill would require the packaging of kratom products and 7-OH products to be child resistant and would prohibit the sale and manufacture of a kratom product or 7-OH product that is attractive to children. By expanding the scope of a crime, the bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law regulates the sale of various products in the State of California to protect the health and safety of California consumers, including drug masking products and toxic substances.This bill would prohibit the sale, offer for sale, provision, or distribution of kratom leaf, a kratom product, or any product containing 7-Hydroxymitragynine to a person under 21 years of age.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 16 (commencing with Section 111224.8) is added to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to read: Article 16. Kratom Consumer Protection Program111224.8. As used in this article, the following terms have the following definitions:(a) 7-OH product means a product containing 7-hydroxymitragynine.(b) Attractive to children means any of the following:(1) Use of images that are attractive to children, including, but not limited to, images of any of the following, except as part of required health warnings:(A) Cartoons, toys, or robots.(B) Any real or fictional humans.(C) Fictional animals or creatures.(D) Fruits or vegetables, except when used to accurately describe ingredients or flavors contained in a product.(2) Likeness to images, characters, or phrases that are popularly used to advertise to children.(3) Imitation of candy packaging or labeling, or other packaging and labeling of cereals, sweets, chips, or other food products typically marketed to children.(4) The terms candy or candies or variants in spelling such as kandy or kandee.(5) Brand names or close imitations of brand names of candies, cereals, sweets, chips, or other food products typically marketed to children.(6) Any other image or packaging that is easily confused with commercially available foods that do not contain kratom and are typically marketed to children.(7) Anything else that the department determines in regulation to be attractive to children.(8) Anything else that is attractive to children in light of all relevant facts and circumstances.(c) Kratom leaf means the leaf of the kratom plant, also known as mitragyna speciosa, any form.(d) Kratom leaf extract means the material obtained by extraction of kratom leaves by any means.(e) Kratom product means a product consisting of kratom leaf, kratom leaf extract, or both.(f) Total kratom alkaloids means the sum of mitragynine, speciociliatine, speciogynine, paynantheine, and 7-hydroxymitragynine in a kratom product.111224.83. Packaging of a kratom product or a 7-OH product offered for retail sale shall be child resistant for the life of the product. Both of the following packages are considered child resistant for the purposes of this section:(a) A package that has been certified as child resistant under the requirements of the Poison Prevention Packaging Act of 1970 (15 U.S.C. Sec. 1471 et seq.) and any regulations promulgated pursuant to that act.(b) Plastic packaging that is at least four mils thick and heat sealed without an easy-open tab, dimple, corner, or flap, provided that the package maintains its child resistance throughout the life of the product.111224.85. (a) An individual, business, or other entity shall not sell, offer for sale, provide, or distribute a kratom product or 7-OH product to a person under 21 years of age.(b) An online retailer or marketplace of a kratom product or 7-OH product shall implement an age-verification system to ensure compliance with subdivision (a).(c) An individual, business, or other entity shall not sell, offer for sale, provide, or distribute a kratom product or 7-OH product that is attractive to children.(d) An individual, business, or other entity shall not sell, offer for sale, provide, or distribute a kratom product or 7-OH product with a level of 7-hydroxymitragynine that is greater than 2 percent of the total kratom alkaloids in the product.111224.86. Notwithstanding Article 2 (commencing with Section 110460) or any other law, an individual, business, or other entity that produces, sells, offers for sale, or distributes a kratom product or a 7-OH product is not required to register with or seek licensure from the department.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Chapter 3 (commencing with Section 24378) is added to Division 20 of the Health and Safety Code, to read:3.Kratom Age Limitation24378.An individual, business, or other entity shall not sell, offer for sale, provide, or distribute kratom leaf, a kratom product, or any product containing 7-Hydroxymitragynine to a person under 21 years of age. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly April 10, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1088Introduced by Assembly Member BainsFebruary 20, 2025An act to add Chapter 3 (commencing with Section 24378) to Division 20 of the Health and Safety Code, relating to public health. An act to add Article 16 (commencing with Section 111224.8) to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, relating to public health.LEGISLATIVE COUNSEL'S DIGESTAB 1088, as amended, Bains. Public health: 7-Hydroxymitragynine. Public health: kratom.Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the manufacturing, processing, labeling, advertising, and sale of food, drugs, and cosmetics, under the administration and enforcement of the State Department of Public Health (department) and in accordance with the Federal Food, Drug, and Cosmetic Act. The act generally requires manufacturers, packers, and holders of processed foods to register with the department. A violation of the act is a crime.This bill would add kratom products and products containing 7-hydroxymitragynine (7-OH products), as defined, to the Sherman Food, Drug, and Cosmetic Law. The bill would prescribe specified quantities of alkaloids present in kratom products and 7-OH products and would establish labeling and packaging requirements for those products. The bill would prohibit the sale of kratom products and 7-OH products to those under 21 years of age. The bill would require the packaging of kratom products and 7-OH products to be child resistant and would prohibit the sale and manufacture of a kratom product or 7-OH product that is attractive to children. By expanding the scope of a crime, the bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law regulates the sale of various products in the State of California to protect the health and safety of California consumers, including drug masking products and toxic substances.This bill would prohibit the sale, offer for sale, provision, or distribution of kratom leaf, a kratom product, or any product containing 7-Hydroxymitragynine to a person under 21 years of age.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly April 21, 2025 Amended IN Assembly April 10, 2025 | |
| 6 | - | ||
| 7 | - | Amended IN Assembly April 21, 2025 | |
| 8 | 5 | Amended IN Assembly April 10, 2025 | |
| 9 | 6 | ||
| 10 | - | ||
| 7 | + | Amended IN Assembly April 10, 2025 | |
| 11 | 8 | ||
| 12 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 13 | 10 | ||
| 14 | 11 | Assembly Bill | |
| 15 | 12 | ||
| 16 | 13 | No. 1088 | |
| 17 | 14 | ||
| 18 | 15 | Introduced by Assembly Member BainsFebruary 20, 2025 | |
| 19 | 16 | ||
| 20 | 17 | Introduced by Assembly Member Bains | |
| 21 | 18 | February 20, 2025 | |
| 22 | 19 | ||
| 23 | - | ||
| 24 | - | ||
| 25 | - | An act to add Article 16 (commencing with Section 111224.8) to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, relating to public health. | |
| 20 | + | An act to add Chapter 3 (commencing with Section 24378) to Division 20 of the Health and Safety Code, relating to public health. An act to add Article 16 (commencing with Section 111224.8) to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, relating to public health. | |
| 26 | 21 | ||
| 27 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 23 | ||
| 29 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 30 | 25 | ||
| 31 | - | AB 1088, as amended, Bains. Public health: kratom. | |
| 26 | + | AB 1088, as amended, Bains. Public health: 7-Hydroxymitragynine. Public health: kratom. | |
| 32 | 27 | ||
| 33 | - | Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the manufacturing, processing, labeling, advertising, and sale of food, drugs, and cosmetics, under the administration and enforcement of the State Department of Public Health (department) and in accordance with the Federal Food, Drug, and Cosmetic Act. The act generally requires manufacturers, packers, and holders of processed foods to register with the department. A violation of the act is a crime.This bill would add kratom products and products containing 7-hydroxymitragynine (7-OH products), as defined, to the Sherman Food, Drug, and Cosmetic Law. The bill would prescribe specified quantities of alkaloids present in kratom products and 7-OH products and would establish labeling and packaging requirements for those products. The bill would prohibit the sale of kratom products and 7-OH products to those under 21 years of age. The bill would require the packaging of kratom products and 7-OH products to be child resistant and would prohibit the sale and manufacture of a kratom product or 7-OH product that is attractive to children. By expanding the scope of a crime, the bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 28 | + | Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the manufacturing, processing, labeling, advertising, and sale of food, drugs, and cosmetics, under the administration and enforcement of the State Department of Public Health (department) and in accordance with the Federal Food, Drug, and Cosmetic Act. The act generally requires manufacturers, packers, and holders of processed foods to register with the department. A violation of the act is a crime.This bill would add kratom products and products containing 7-hydroxymitragynine (7-OH products), as defined, to the Sherman Food, Drug, and Cosmetic Law. The bill would prescribe specified quantities of alkaloids present in kratom products and 7-OH products and would establish labeling and packaging requirements for those products. The bill would prohibit the sale of kratom products and 7-OH products to those under 21 years of age. The bill would require the packaging of kratom products and 7-OH products to be child resistant and would prohibit the sale and manufacture of a kratom product or 7-OH product that is attractive to children. By expanding the scope of a crime, the bill would create a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law regulates the sale of various products in the State of California to protect the health and safety of California consumers, including drug masking products and toxic substances.This bill would prohibit the sale, offer for sale, provision, or distribution of kratom leaf, a kratom product, or any product containing 7-Hydroxymitragynine to a person under 21 years of age. | |
| 34 | 29 | ||
| 35 | 30 | Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the manufacturing, processing, labeling, advertising, and sale of food, drugs, and cosmetics, under the administration and enforcement of the State Department of Public Health (department) and in accordance with the Federal Food, Drug, and Cosmetic Act. The act generally requires manufacturers, packers, and holders of processed foods to register with the department. A violation of the act is a crime. | |
| 36 | 31 | ||
| 37 | 32 | This bill would add kratom products and products containing 7-hydroxymitragynine (7-OH products), as defined, to the Sherman Food, Drug, and Cosmetic Law. The bill would prescribe specified quantities of alkaloids present in kratom products and 7-OH products and would establish labeling and packaging requirements for those products. The bill would prohibit the sale of kratom products and 7-OH products to those under 21 years of age. The bill would require the packaging of kratom products and 7-OH products to be child resistant and would prohibit the sale and manufacture of a kratom product or 7-OH product that is attractive to children. By expanding the scope of a crime, the bill would create a state-mandated local program. | |
| 38 | 33 | ||
| 39 | 34 | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 40 | 35 | ||
| 41 | 36 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 42 | 37 | ||
| 38 | + | Existing law regulates the sale of various products in the State of California to protect the health and safety of California consumers, including drug masking products and toxic substances. | |
| 39 | + | ||
| 40 | + | ||
| 41 | + | ||
| 42 | + | This bill would prohibit the sale, offer for sale, provision, or distribution of kratom leaf, a kratom product, or any product containing 7-Hydroxymitragynine to a person under 21 years of age. | |
| 43 | + | ||
| 44 | + | ||
| 45 | + | ||
| 43 | 46 | ## Digest Key | |
| 44 | 47 | ||
| 45 | 48 | ## Bill Text | |
| 46 | 49 | ||
| 47 | - | The people of the State of California do enact as follows:SECTION 1. Article 16 (commencing with Section 111224.8) is added to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to read: Article 16. Kratom Consumer Protection Program111224.8. As used in this article, the following terms have the following definitions:(a) 7-OH product means a product containing 7-hydroxymitragynine.(b) Attractive to children means any of the following:(1) Use of images that are attractive to children, including, but not limited to, images of any of the following, except as part of required health warnings:(A) Cartoons, toys, or robots.(B) Any real or fictional humans.(C) Fictional animals or creatures.(D) Fruits or vegetables, except when used to accurately describe ingredients or flavors contained in a product.(2) Likeness to images, characters, or phrases that are popularly used to advertise to children.(3) Imitation of candy packaging or labeling, or other packaging and labeling of cereals, sweets, chips, or other food products typically marketed to children.(4) The terms candy or candies or variants in spelling such as kandy or kandee.(5) Brand names or close imitations of brand names of candies, cereals, sweets, chips, or other food products typically marketed to children.(6) Any other image or packaging that is easily confused with commercially available foods that do not contain kratom and are typically marketed to children.(7) Anything else that the department determines in regulation to be attractive to children.(8) Anything else that is attractive to children in light of all relevant facts and circumstances.(c) Kratom leaf means the leaf of the kratom plant, also known as mitragyna speciosa, any form.(d) Kratom leaf extract means the material obtained by extraction of kratom leaves by any means.(e) Kratom product means a product consisting of kratom leaf, kratom leaf extract, or both.(f) Total kratom alkaloids means the sum of mitragynine, speciociliatine, speciogynine, paynantheine, and 7-hydroxymitragynine in a kratom product.111224.83. Packaging of a kratom product or a 7-OH product offered for retail sale shall be child resistant for the life of the product. Both of the following packages are considered child resistant for the purposes of this section:(a) A package that has been certified as child resistant under the requirements of the Poison Prevention Packaging Act of 1970 (15 U.S.C. Sec. 1471 et seq.) and any regulations promulgated pursuant to that act.(b) Plastic packaging that is at least four mils thick and heat sealed without an easy-open tab, dimple, corner, or flap, provided that the package maintains its child resistance throughout the life of the product.111224.85. (a) An individual, business, or other entity shall not sell, offer for sale, provide, or distribute a kratom product or 7-OH product to a person under 21 years of age.(b) An online retailer or marketplace of a kratom product or 7-OH product shall implement an age-verification system to ensure compliance with subdivision (a).(c) An individual, business, or other entity shall not sell, offer for sale, provide, or distribute a kratom product or 7-OH product that is attractive to children.(d) An individual, business, or other entity shall not sell, offer for sale, provide, or distribute a kratom product or 7-OH product with a level of 7-hydroxymitragynine that is greater than 2 percent of the total kratom alkaloids in the product.111224.86.Notwithstanding Article 2 (commencing with Section 110460) or any other law, an individual, business, or other entity that produces, sells, offers for sale, or distributes a kratom product or a 7-OH product is not required to register with or seek licensure from the department.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 50 | + | The people of the State of California do enact as follows:SECTION 1. Article 16 (commencing with Section 111224.8) is added to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to read: Article 16. Kratom Consumer Protection Program111224.8. As used in this article, the following terms have the following definitions:(a) 7-OH product means a product containing 7-hydroxymitragynine.(b) Attractive to children means any of the following:(1) Use of images that are attractive to children, including, but not limited to, images of any of the following, except as part of required health warnings:(A) Cartoons, toys, or robots.(B) Any real or fictional humans.(C) Fictional animals or creatures.(D) Fruits or vegetables, except when used to accurately describe ingredients or flavors contained in a product.(2) Likeness to images, characters, or phrases that are popularly used to advertise to children.(3) Imitation of candy packaging or labeling, or other packaging and labeling of cereals, sweets, chips, or other food products typically marketed to children.(4) The terms candy or candies or variants in spelling such as kandy or kandee.(5) Brand names or close imitations of brand names of candies, cereals, sweets, chips, or other food products typically marketed to children.(6) Any other image or packaging that is easily confused with commercially available foods that do not contain kratom and are typically marketed to children.(7) Anything else that the department determines in regulation to be attractive to children.(8) Anything else that is attractive to children in light of all relevant facts and circumstances.(c) Kratom leaf means the leaf of the kratom plant, also known as mitragyna speciosa, any form.(d) Kratom leaf extract means the material obtained by extraction of kratom leaves by any means.(e) Kratom product means a product consisting of kratom leaf, kratom leaf extract, or both.(f) Total kratom alkaloids means the sum of mitragynine, speciociliatine, speciogynine, paynantheine, and 7-hydroxymitragynine in a kratom product.111224.83. Packaging of a kratom product or a 7-OH product offered for retail sale shall be child resistant for the life of the product. Both of the following packages are considered child resistant for the purposes of this section:(a) A package that has been certified as child resistant under the requirements of the Poison Prevention Packaging Act of 1970 (15 U.S.C. Sec. 1471 et seq.) and any regulations promulgated pursuant to that act.(b) Plastic packaging that is at least four mils thick and heat sealed without an easy-open tab, dimple, corner, or flap, provided that the package maintains its child resistance throughout the life of the product.111224.85. (a) An individual, business, or other entity shall not sell, offer for sale, provide, or distribute a kratom product or 7-OH product to a person under 21 years of age.(b) An online retailer or marketplace of a kratom product or 7-OH product shall implement an age-verification system to ensure compliance with subdivision (a).(c) An individual, business, or other entity shall not sell, offer for sale, provide, or distribute a kratom product or 7-OH product that is attractive to children.(d) An individual, business, or other entity shall not sell, offer for sale, provide, or distribute a kratom product or 7-OH product with a level of 7-hydroxymitragynine that is greater than 2 percent of the total kratom alkaloids in the product.111224.86. Notwithstanding Article 2 (commencing with Section 110460) or any other law, an individual, business, or other entity that produces, sells, offers for sale, or distributes a kratom product or a 7-OH product is not required to register with or seek licensure from the department.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Chapter 3 (commencing with Section 24378) is added to Division 20 of the Health and Safety Code, to read:3.Kratom Age Limitation24378.An individual, business, or other entity shall not sell, offer for sale, provide, or distribute kratom leaf, a kratom product, or any product containing 7-Hydroxymitragynine to a person under 21 years of age. | |
| 48 | 51 | ||
| 49 | 52 | The people of the State of California do enact as follows: | |
| 50 | 53 | ||
| 51 | 54 | ## The people of the State of California do enact as follows: | |
| 52 | 55 | ||
| 53 | 56 | SECTION 1. Article 16 (commencing with Section 111224.8) is added to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to read: Article 16. Kratom Consumer Protection Program111224.8. As used in this article, the following terms have the following definitions:(a) 7-OH product means a product containing 7-hydroxymitragynine.(b) Attractive to children means any of the following:(1) Use of images that are attractive to children, including, but not limited to, images of any of the following, except as part of required health warnings:(A) Cartoons, toys, or robots.(B) Any real or fictional humans.(C) Fictional animals or creatures.(D) Fruits or vegetables, except when used to accurately describe ingredients or flavors contained in a product.(2) Likeness to images, characters, or phrases that are popularly used to advertise to children.(3) Imitation of candy packaging or labeling, or other packaging and labeling of cereals, sweets, chips, or other food products typically marketed to children.(4) The terms candy or candies or variants in spelling such as kandy or kandee.(5) Brand names or close imitations of brand names of candies, cereals, sweets, chips, or other food products typically marketed to children.(6) Any other image or packaging that is easily confused with commercially available foods that do not contain kratom and are typically marketed to children.(7) Anything else that the department determines in regulation to be attractive to children.(8) Anything else that is attractive to children in light of all relevant facts and circumstances.(c) Kratom leaf means the leaf of the kratom plant, also known as mitragyna speciosa, any form.(d) Kratom leaf extract means the material obtained by extraction of kratom leaves by any means.(e) Kratom product means a product consisting of kratom leaf, kratom leaf extract, or both.(f) Total kratom alkaloids means the sum of mitragynine, speciociliatine, speciogynine, paynantheine, and 7-hydroxymitragynine in a kratom product.111224.83. Packaging of a kratom product or a 7-OH product offered for retail sale shall be child resistant for the life of the product. Both of the following packages are considered child resistant for the purposes of this section:(a) A package that has been certified as child resistant under the requirements of the Poison Prevention Packaging Act of 1970 (15 U.S.C. Sec. 1471 et seq.) and any regulations promulgated pursuant to that act.(b) Plastic packaging that is at least four mils thick and heat sealed without an easy-open tab, dimple, corner, or flap, provided that the package maintains its child resistance throughout the life of the product.111224.85. (a) An individual, business, or other entity shall not sell, offer for sale, provide, or distribute a kratom product or 7-OH product to a person under 21 years of age.(b) An online retailer or marketplace of a kratom product or 7-OH product shall implement an age-verification system to ensure compliance with subdivision (a).(c) An individual, business, or other entity shall not sell, offer for sale, provide, or distribute a kratom product or 7-OH product that is attractive to children.(d) An individual, business, or other entity shall not sell, offer for sale, provide, or distribute a kratom product or 7-OH product with a level of 7-hydroxymitragynine that is greater than 2 percent of the total kratom alkaloids in the product.111224.86. Notwithstanding Article 2 (commencing with Section 110460) or any other law, an individual, business, or other entity that produces, sells, offers for sale, or distributes a kratom product or a 7-OH product is not required to register with or seek licensure from the department. | |
| 54 | 57 | ||
| 55 | 58 | SECTION 1. Article 16 (commencing with Section 111224.8) is added to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, to read: | |
| 56 | 59 | ||
| 57 | 60 | ### SECTION 1. | |
| 58 | 61 | ||
| 59 | 62 | Article 16. Kratom Consumer Protection Program111224.8. As used in this article, the following terms have the following definitions:(a) 7-OH product means a product containing 7-hydroxymitragynine.(b) Attractive to children means any of the following:(1) Use of images that are attractive to children, including, but not limited to, images of any of the following, except as part of required health warnings:(A) Cartoons, toys, or robots.(B) Any real or fictional humans.(C) Fictional animals or creatures.(D) Fruits or vegetables, except when used to accurately describe ingredients or flavors contained in a product.(2) Likeness to images, characters, or phrases that are popularly used to advertise to children.(3) Imitation of candy packaging or labeling, or other packaging and labeling of cereals, sweets, chips, or other food products typically marketed to children.(4) The terms candy or candies or variants in spelling such as kandy or kandee.(5) Brand names or close imitations of brand names of candies, cereals, sweets, chips, or other food products typically marketed to children.(6) Any other image or packaging that is easily confused with commercially available foods that do not contain kratom and are typically marketed to children.(7) Anything else that the department determines in regulation to be attractive to children.(8) Anything else that is attractive to children in light of all relevant facts and circumstances.(c) Kratom leaf means the leaf of the kratom plant, also known as mitragyna speciosa, any form.(d) Kratom leaf extract means the material obtained by extraction of kratom leaves by any means.(e) Kratom product means a product consisting of kratom leaf, kratom leaf extract, or both.(f) Total kratom alkaloids means the sum of mitragynine, speciociliatine, speciogynine, paynantheine, and 7-hydroxymitragynine in a kratom product.111224.83. Packaging of a kratom product or a 7-OH product offered for retail sale shall be child resistant for the life of the product. Both of the following packages are considered child resistant for the purposes of this section:(a) A package that has been certified as child resistant under the requirements of the Poison Prevention Packaging Act of 1970 (15 U.S.C. Sec. 1471 et seq.) and any regulations promulgated pursuant to that act.(b) Plastic packaging that is at least four mils thick and heat sealed without an easy-open tab, dimple, corner, or flap, provided that the package maintains its child resistance throughout the life of the product.111224.85. (a) An individual, business, or other entity shall not sell, offer for sale, provide, or distribute a kratom product or 7-OH product to a person under 21 years of age.(b) An online retailer or marketplace of a kratom product or 7-OH product shall implement an age-verification system to ensure compliance with subdivision (a).(c) An individual, business, or other entity shall not sell, offer for sale, provide, or distribute a kratom product or 7-OH product that is attractive to children.(d) An individual, business, or other entity shall not sell, offer for sale, provide, or distribute a kratom product or 7-OH product with a level of 7-hydroxymitragynine that is greater than 2 percent of the total kratom alkaloids in the product.111224.86. Notwithstanding Article 2 (commencing with Section 110460) or any other law, an individual, business, or other entity that produces, sells, offers for sale, or distributes a kratom product or a 7-OH product is not required to register with or seek licensure from the department. | |
| 60 | 63 | ||
| 61 | 64 | Article 16. Kratom Consumer Protection Program111224.8. As used in this article, the following terms have the following definitions:(a) 7-OH product means a product containing 7-hydroxymitragynine.(b) Attractive to children means any of the following:(1) Use of images that are attractive to children, including, but not limited to, images of any of the following, except as part of required health warnings:(A) Cartoons, toys, or robots.(B) Any real or fictional humans.(C) Fictional animals or creatures.(D) Fruits or vegetables, except when used to accurately describe ingredients or flavors contained in a product.(2) Likeness to images, characters, or phrases that are popularly used to advertise to children.(3) Imitation of candy packaging or labeling, or other packaging and labeling of cereals, sweets, chips, or other food products typically marketed to children.(4) The terms candy or candies or variants in spelling such as kandy or kandee.(5) Brand names or close imitations of brand names of candies, cereals, sweets, chips, or other food products typically marketed to children.(6) Any other image or packaging that is easily confused with commercially available foods that do not contain kratom and are typically marketed to children.(7) Anything else that the department determines in regulation to be attractive to children.(8) Anything else that is attractive to children in light of all relevant facts and circumstances.(c) Kratom leaf means the leaf of the kratom plant, also known as mitragyna speciosa, any form.(d) Kratom leaf extract means the material obtained by extraction of kratom leaves by any means.(e) Kratom product means a product consisting of kratom leaf, kratom leaf extract, or both.(f) Total kratom alkaloids means the sum of mitragynine, speciociliatine, speciogynine, paynantheine, and 7-hydroxymitragynine in a kratom product.111224.83. Packaging of a kratom product or a 7-OH product offered for retail sale shall be child resistant for the life of the product. Both of the following packages are considered child resistant for the purposes of this section:(a) A package that has been certified as child resistant under the requirements of the Poison Prevention Packaging Act of 1970 (15 U.S.C. Sec. 1471 et seq.) and any regulations promulgated pursuant to that act.(b) Plastic packaging that is at least four mils thick and heat sealed without an easy-open tab, dimple, corner, or flap, provided that the package maintains its child resistance throughout the life of the product.111224.85. (a) An individual, business, or other entity shall not sell, offer for sale, provide, or distribute a kratom product or 7-OH product to a person under 21 years of age.(b) An online retailer or marketplace of a kratom product or 7-OH product shall implement an age-verification system to ensure compliance with subdivision (a).(c) An individual, business, or other entity shall not sell, offer for sale, provide, or distribute a kratom product or 7-OH product that is attractive to children.(d) An individual, business, or other entity shall not sell, offer for sale, provide, or distribute a kratom product or 7-OH product with a level of 7-hydroxymitragynine that is greater than 2 percent of the total kratom alkaloids in the product.111224.86. Notwithstanding Article 2 (commencing with Section 110460) or any other law, an individual, business, or other entity that produces, sells, offers for sale, or distributes a kratom product or a 7-OH product is not required to register with or seek licensure from the department. | |
| 62 | 65 | ||
| 63 | 66 | Article 16. Kratom Consumer Protection Program | |
| 64 | 67 | ||
| 65 | 68 | Article 16. Kratom Consumer Protection Program | |
| 66 | 69 | ||
| 67 | - | ##### Article 16. Kratom Consumer Protection Program | |
| 68 | - | ||
| 69 | 70 | 111224.8. As used in this article, the following terms have the following definitions:(a) 7-OH product means a product containing 7-hydroxymitragynine.(b) Attractive to children means any of the following:(1) Use of images that are attractive to children, including, but not limited to, images of any of the following, except as part of required health warnings:(A) Cartoons, toys, or robots.(B) Any real or fictional humans.(C) Fictional animals or creatures.(D) Fruits or vegetables, except when used to accurately describe ingredients or flavors contained in a product.(2) Likeness to images, characters, or phrases that are popularly used to advertise to children.(3) Imitation of candy packaging or labeling, or other packaging and labeling of cereals, sweets, chips, or other food products typically marketed to children.(4) The terms candy or candies or variants in spelling such as kandy or kandee.(5) Brand names or close imitations of brand names of candies, cereals, sweets, chips, or other food products typically marketed to children.(6) Any other image or packaging that is easily confused with commercially available foods that do not contain kratom and are typically marketed to children.(7) Anything else that the department determines in regulation to be attractive to children.(8) Anything else that is attractive to children in light of all relevant facts and circumstances.(c) Kratom leaf means the leaf of the kratom plant, also known as mitragyna speciosa, any form.(d) Kratom leaf extract means the material obtained by extraction of kratom leaves by any means.(e) Kratom product means a product consisting of kratom leaf, kratom leaf extract, or both.(f) Total kratom alkaloids means the sum of mitragynine, speciociliatine, speciogynine, paynantheine, and 7-hydroxymitragynine in a kratom product. | |
| 70 | 71 | ||
| 72 | + | ||
| 73 | + | ||
| 71 | 74 | 111224.8. As used in this article, the following terms have the following definitions: | |
| 72 | - | ||
| 73 | - | ###### 111224.8. | |
| 74 | 75 | ||
| 75 | 76 | (a) 7-OH product means a product containing 7-hydroxymitragynine. | |
| 76 | 77 | ||
| 77 | 78 | (b) Attractive to children means any of the following: | |
| 78 | 79 | ||
| 79 | 80 | (1) Use of images that are attractive to children, including, but not limited to, images of any of the following, except as part of required health warnings: | |
| 80 | 81 | ||
| 81 | 82 | (A) Cartoons, toys, or robots. | |
| 82 | 83 | ||
| 83 | 84 | (B) Any real or fictional humans. | |
| 84 | 85 | ||
| 85 | 86 | (C) Fictional animals or creatures. | |
| 86 | 87 | ||
| 87 | 88 | (D) Fruits or vegetables, except when used to accurately describe ingredients or flavors contained in a product. | |
| 88 | 89 | ||
| 89 | 90 | (2) Likeness to images, characters, or phrases that are popularly used to advertise to children. | |
| 90 | 91 | ||
| 91 | 92 | (3) Imitation of candy packaging or labeling, or other packaging and labeling of cereals, sweets, chips, or other food products typically marketed to children. | |
| 92 | 93 | ||
| 93 | 94 | (4) The terms candy or candies or variants in spelling such as kandy or kandee. | |
| 94 | 95 | ||
| 95 | 96 | (5) Brand names or close imitations of brand names of candies, cereals, sweets, chips, or other food products typically marketed to children. | |
| 96 | 97 | ||
| 97 | 98 | (6) Any other image or packaging that is easily confused with commercially available foods that do not contain kratom and are typically marketed to children. | |
| 98 | 99 | ||
| 99 | 100 | (7) Anything else that the department determines in regulation to be attractive to children. | |
| 100 | 101 | ||
| 101 | 102 | (8) Anything else that is attractive to children in light of all relevant facts and circumstances. | |
| 102 | 103 | ||
| 103 | 104 | (c) Kratom leaf means the leaf of the kratom plant, also known as mitragyna speciosa, any form. | |
| 104 | 105 | ||
| 105 | 106 | (d) Kratom leaf extract means the material obtained by extraction of kratom leaves by any means. | |
| 106 | 107 | ||
| 107 | 108 | (e) Kratom product means a product consisting of kratom leaf, kratom leaf extract, or both. | |
| 108 | 109 | ||
| 109 | 110 | (f) Total kratom alkaloids means the sum of mitragynine, speciociliatine, speciogynine, paynantheine, and 7-hydroxymitragynine in a kratom product. | |
| 110 | 111 | ||
| 111 | 112 | 111224.83. Packaging of a kratom product or a 7-OH product offered for retail sale shall be child resistant for the life of the product. Both of the following packages are considered child resistant for the purposes of this section:(a) A package that has been certified as child resistant under the requirements of the Poison Prevention Packaging Act of 1970 (15 U.S.C. Sec. 1471 et seq.) and any regulations promulgated pursuant to that act.(b) Plastic packaging that is at least four mils thick and heat sealed without an easy-open tab, dimple, corner, or flap, provided that the package maintains its child resistance throughout the life of the product. | |
| 112 | 113 | ||
| 114 | + | ||
| 115 | + | ||
| 113 | 116 | 111224.83. Packaging of a kratom product or a 7-OH product offered for retail sale shall be child resistant for the life of the product. Both of the following packages are considered child resistant for the purposes of this section: | |
| 114 | - | ||
| 115 | - | ###### 111224.83. | |
| 116 | 117 | ||
| 117 | 118 | (a) A package that has been certified as child resistant under the requirements of the Poison Prevention Packaging Act of 1970 (15 U.S.C. Sec. 1471 et seq.) and any regulations promulgated pursuant to that act. | |
| 118 | 119 | ||
| 119 | 120 | (b) Plastic packaging that is at least four mils thick and heat sealed without an easy-open tab, dimple, corner, or flap, provided that the package maintains its child resistance throughout the life of the product. | |
| 120 | 121 | ||
| 121 | 122 | 111224.85. (a) An individual, business, or other entity shall not sell, offer for sale, provide, or distribute a kratom product or 7-OH product to a person under 21 years of age.(b) An online retailer or marketplace of a kratom product or 7-OH product shall implement an age-verification system to ensure compliance with subdivision (a).(c) An individual, business, or other entity shall not sell, offer for sale, provide, or distribute a kratom product or 7-OH product that is attractive to children.(d) An individual, business, or other entity shall not sell, offer for sale, provide, or distribute a kratom product or 7-OH product with a level of 7-hydroxymitragynine that is greater than 2 percent of the total kratom alkaloids in the product. | |
| 122 | 123 | ||
| 124 | + | ||
| 125 | + | ||
| 123 | 126 | 111224.85. (a) An individual, business, or other entity shall not sell, offer for sale, provide, or distribute a kratom product or 7-OH product to a person under 21 years of age. | |
| 124 | - | ||
| 125 | - | ###### 111224.85. | |
| 126 | 127 | ||
| 127 | 128 | (b) An online retailer or marketplace of a kratom product or 7-OH product shall implement an age-verification system to ensure compliance with subdivision (a). | |
| 128 | 129 | ||
| 129 | 130 | (c) An individual, business, or other entity shall not sell, offer for sale, provide, or distribute a kratom product or 7-OH product that is attractive to children. | |
| 130 | 131 | ||
| 131 | 132 | (d) An individual, business, or other entity shall not sell, offer for sale, provide, or distribute a kratom product or 7-OH product with a level of 7-hydroxymitragynine that is greater than 2 percent of the total kratom alkaloids in the product. | |
| 132 | 133 | ||
| 133 | - | Notwithstanding Article 2 (commencing with Section 110460) or any other law, an individual, business, or other entity that produces, sells, offers for sale, or distributes a kratom product or a 7-OH product is not required to register with or seek licensure from the department. | |
| 134 | + | 111224.86. Notwithstanding Article 2 (commencing with Section 110460) or any other law, an individual, business, or other entity that produces, sells, offers for sale, or distributes a kratom product or a 7-OH product is not required to register with or seek licensure from the department. | |
| 135 | + | ||
| 136 | + | ||
| 137 | + | ||
| 138 | + | 111224.86. Notwithstanding Article 2 (commencing with Section 110460) or any other law, an individual, business, or other entity that produces, sells, offers for sale, or distributes a kratom product or a 7-OH product is not required to register with or seek licensure from the department. | |
| 134 | 139 | ||
| 135 | 140 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 136 | 141 | ||
| 137 | 142 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 138 | 143 | ||
| 139 | 144 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 140 | 145 | ||
| 141 | 146 | ### SEC. 2. | |
| 147 | + | ||
| 148 | + | ||
| 149 | + | ||
| 150 | + | ||
| 151 | + | ||
| 152 | + | ||
| 153 | + | ||
| 154 | + | An individual, business, or other entity shall not sell, offer for sale, provide, or distribute kratom leaf, a kratom product, or any product containing 7-Hydroxymitragynine to a person under 21 years of age. |