Illinois 2025-2026 Regular Session

Illinois House Bill HB3127 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3127 Introduced , 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. LRB104 08035 RLC 18081 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3127 Introduced , by Rep. William E Hauter SYNOPSIS AS INTRODUCED: See Index 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. LRB104 08035 RLC 18081 b LRB104 08035 RLC 18081 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3127 Introduced , by Rep. William E Hauter SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	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.
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8	8	A BILL FOR
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10	10	HB3127 LRB104 08035 RLC 18081 b
11	11	1 AN ACT concerning Kratom.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the Kratom
15	15	5 Consumer Protection Act.
16	16	6 Section 5. Definitions.
17	17	7 (a) As used in this Act:
18	18	8 "Director" means the Director of Public Health.
19	19	9 "Food" means a food, food product, food ingredient,
20	20	10 dietary ingredient, dietary supplement, or beverage for human
21	21	11 consumption. "Food" includes a Kratom product.
22	22	12 "Kratom extract" means a food product or dietary
23	23	13 ingredient containing any part of the leaf of the plant
24	24	14 Mitragyna speciosa that has been extracted and concentrated in
25	25	15 order to provide more standardized dosing.
26	26	16 "Kratom product" means a food product or dietary
27	27	17 ingredient containing any part of the leaf of the plant
28	28	18 Mitragyna speciosa, or an extract of it, that is manufactured
29	29	19 as a powder, capsule, pill, beverage, or other edible product.
30	30	20 "Processor" means a person who sells, prepares,
31	31	21 manufactures, distributes, or maintains Kratom products or who
32	32	22 advertises, represents, or holds himself or herself out as
33	33	23 selling, preparing, or maintaining Kratom products.
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3127 Introduced , by Rep. William E Hauter SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	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.
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43	43	A BILL FOR
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49	49	See Index
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53	53	LRB104 08035 RLC 18081 b
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68	68	1 Section 10. Kratom product limitations. A processor shall
69	69	2 not knowingly prepare, distribute, sell, or offer for sale any
70	70	3 of the following:
71	71	4 (1) A Kratom product that is adulterated with a
72	72	5 dangerous non-Kratom substance. For purposes of this Act,
73	73	6 a Kratom product is adulterated with a dangerous
74	74	7 non-Kratom substance if the Kratom product is mixed or
75	75	8 packed with a non-Kratom substance and that substance
76	76	9 affects the quality or strength of the Kratom product to
77	77	10 such a degree as to render the Kratom product injurious to
78	78	11 a consumer.
79	79	12 (2) A Kratom product that is contaminated with a
80	80	13 dangerous non-Kratom substance. For purposes of this Act,
81	81	14 a Kratom product is contaminated with a dangerous
82	82	15 non-Kratom substance if the Kratom product contains a
83	83	16 poisonous or otherwise deleterious non-Kratom ingredient,
84	84	17 including, but not limited to, the substances listed in
85	85	18 Section 204, 206, 208, 210, or 212 of the Illinois
86	86	19 Controlled Substances Act.
87	87	20 (3) A Kratom extract that contains levels of residual
88	88	21 solvents higher than is allowed by United States
89	89	22 Pharmacopeia (USP) 467.
90	90	23 (4) A Kratom product containing a level of
91	91	24 7-hydroxymitragynine in the alkaloid fraction that is
92	92	25 greater than 1.5% of the overall alkaloid composition of
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103	103	1 the product.
104	104	2 (5) A Kratom product containing any synthetic
105	105	3 alkaloid, including, but not limited to, synthetic
106	106	4 mitragynine, synthetic 7-hydroxymitragynine, or any other
107	107	5 synthetically derived compound of the Kratom plant.
108	108	6 (6) A Kratom product that does not provide adequate
109	109	7 labeling directions necessary for safe and effective use
110	110	8 by consumers, including, but not limited to, a recommended
111	111	9 serving size.
112	112	10 Section 15. Age limits. A processor shall not knowingly
113	113	11 distribute, sell, or offer for sale a Kratom product to a
114	114	12 person under 21 years of age. A person who violates this
115	115	13 Section shall be punished as provided in paragraph (2) of
116	116	14 subsection (e) of Section 5 of the Kratom Control Act. A person
117	117	15 who advertises or sells a Kratom product in a place described
118	118	16 in subsections (b) and (c) of Section 10 of the Kratom Control
119	119	17 Act shall be punished as provided in subsection (d) of Section
120	120	18 10 of the Kratom Control Act.
121	121	19 Section 20. Violations.
122	122	20 (a) A processor who violates Section 10 is subject to an
123	123	21 administrative penalty of not more than $5,000 for a first
124	124	22 offense and not more than $10,000 for a second or subsequent
125	125	23 offense. The penalty shall be collected by the Department of
126	126	24 Public Health and deposited into the Food and Drug Safety
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137	137	1 Fund. Upon the request of a person to whom an administrative
138	138	2 penalty is issued, the Director shall conduct a hearing in
139	139	3 accordance with the Illinois Administrative Procedure Act.
140	140	4 (b) A processor does not violate Section 10 if it is shown
141	141	5 by a preponderance of the evidence that the processor relied
142	142	6 in good faith upon the representations of a manufacturer,
143	143	7 processor, packer, or distributor of food represented to be a
144	144	8 Kratom product.
145	145	9 Section 90. The Kratom Control Act is amended by changing
146	146	10 Section 5 and by adding Section 10 as follows:
147	147	11 (720 ILCS 642/5)
148	148	12 Sec. 5. Kratom sale to or possession by minors prohibited.
149	149	13 (a) As used in this Act, "Kratom" means any parts of the
150	150	14 plant Mitragyna speciosa, whether growing or not, and any
151	151	15 compound, manufacture, salt, derivative, mixture, or
152	152	16 preparation of that plant, including but not limited to
153	153	17 mitragynine and 7-hydroxymitragynine.
154	154	18 (b) A person minor under 21 18 years of age shall not
155	155	19 knowingly purchase or possess any product containing any
156	156	20 quantity of Kratom.
157	157	21 (c) A person minor under 21 18 years of age in the
158	158	22 furtherance or facilitation of obtaining any product
159	159	23 containing Kratom shall not knowingly display or use a false
160	160	24 or forged identification card or transfer, alter, or deface an
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171	171	1 identification card.
172	172	2 (d) A person shall not knowingly sell, buy for, distribute
173	173	3 samples of, or furnish any product containing any quantity of
174	174	4 Kratom to any person minor under 21 18 years of age.
175	175	5 (e) Sentence.
176	176	6 (1) Violation of subsection (b) or (c) of this
177	177	7 Section is a Class B misdemeanor.
178	178	8 (2) Violation of subsection (d) of this Section is a
179	179	9 Class B misdemeanor for which the offender shall be fined
180	180	10 an amount of not less than $500.
181	181	11 (Source: P.A. 98-981, eff. 1-1-15.)
182	182	12 (720 ILCS 642/10 new)
183	183	13 Sec. 10. Kratom sales and advertisements within 1,000 feet
184	184	14 of certain areas prohibited.
185	185	15 (a) In this Section, "advertise" means to engage in
186	186	16 promotional activities on behalf of a product, including, but
187	187	17 not limited to:
188	188	18 (1) billboard, newspaper, radio, Internet, electronic
189	189	19 media, or television advertising;
190	190	20 (2) the distribution of fliers or circulars; or
191	191	21 (3) the display of window or interior signs.
192	192	22 "Advertise" does not mean to post exterior signs
193	193	23 displaying only the name of a business.
194	194	24 (b) No person or entity shall advertise a product
195	195	25 containing any quantity of Kratom, in any form or medium,
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206	206	1 within 1,000 feet of the perimeter of school grounds, a
207	207	2 playground, a recreation center or facility, a child care
208	208	3 center, a public park or public library, or a game arcade that
209	209	4 admits persons under 21 years of age.
210	210	5 (c) No person or entity shall sell a product containing
211	211	6 any quantity of Kratom, in any form or medium, within 1,000
212	212	7 feet of the perimeter of school grounds, a playground, a
213	213	8 recreation center or facility, a child care center, a public
214	214	9 park or public library, or a game arcade that admits persons
215	215	10 under 21 years of age.
216	216	11 (d) A violation of this Section is a business offense
217	217	12 punishable by a fine not to exceed $5,000.
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221	221	1 INDEX
222	222	2 Statutes amended in order of appearance
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234	234	1 INDEX
235	235	2 Statutes amended in order of appearance
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