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Indiana House Bill HB1542

Indiana 2025 Regular Session

Indiana House Bill HB1542 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1542
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 24-4-22.5; IC 35-52-24-20.6.
77 Synopsis: Sale of kratom consumable products. Provides for
88 regulation of the sale of kratom consumable products as follows: (1)
99 Provides that a person must register with the Indiana state department
1010 of agriculture (department) in order to manufacture, distribute, or sell
1111 a kratom consumable product in Indiana. (2) Provides restrictions on
1212 the content of specified substances in a kratom consumable product
1313 (content restrictions), and provides for: (A) both civil and criminal
1414 penalties for violations; and (B) defenses to imposition of a penalty for
1515 a violation. (3) Prohibits the knowing or negligent sale of a kratom
1616 consumable product: (A) to an individual less than 21 years of age; (B)
1717 without verifying the age of the purchaser under specified conditions;
1818 (C) that violates the content restrictions; or (D) through specified retail
1919 displays or locations; and provides for civil penalties, and defenses to
2020 the imposition of a civil penalty, for violations. (4) Prohibits: (A) a
2121 person from knowingly or negligently providing a kratom consumable
2222 product to a person less than 21 years of age; (B) a person less than 21
2323 years of age from knowingly or intentionally possessing, purchasing,
2424 or attempting to purchase a kratom consumable product; (C) an
2525 individual from knowingly or intentionally obtaining or attempting to
2626 obtain a kratom consumable product using fraudulent or altered proof
2727 of the individual's age or identity; and (D) an individual from
2828 knowingly or intentionally allowing another person to use the
2929 individual's identification for the purpose of assisting the other person
3030 in unlawfully obtaining a kratom consumable product; and provides for
3131 criminal penalties for a violation. (5) Requires: (A) a manufacturer of
3232 a kratom consumable product; and (B) under specified circumstances,
3333 (Continued next page)
3434 Effective: July 1, 2025.
3535 Morris, Lindauer
3636 January 21, 2025, read first time and referred to Committee on Commerce, Small Business
3737 and Economic Development.
3838 2025 IN 1542—LS 7668/DI 119 Digest Continued
3939 a distributor of a kratom consumable product; to have samples of the
4040 a kratom consumable product tested for compliance with the content
4141 restrictions, and provides for civil penalties for a violation. (6) Imposes
4242 requirements regarding labeling, packaging, and marketing of kratom
4343 consumable products, and provides for civil penalties for a violation.
4444 (7) Requires a person that sells a kratom consumable product in
4545 Indiana to provide notice to the department of each variety of kratom
4646 consumable product sold by the person in Indiana. Creates the kratom
4747 regulation fund for the purpose of funding enforcement of regulations
4848 regarding kratom consumable products and provides that: (1) civil
4949 penalties collected for violations of regulations regarding kratom
5050 consumable products; and (2) registration fees for manufacturers,
5151 distributors, and sellers of kratom consumable products; are deposited
5252 in the fund. Makes an appropriation.
5353 2025 IN 1542—LS 7668/DI 1192025 IN 1542—LS 7668/DI 119 Introduced
5454 First Regular Session of the 124th General Assembly (2025)
5555 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
5656 Constitution) is being amended, the text of the existing provision will appear in this style type,
5757 additions will appear in this style type, and deletions will appear in this style type.
5858 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
5959 provision adopted), the text of the new provision will appear in this style type. Also, the
6060 word NEW will appear in that style type in the introductory clause of each SECTION that adds
6161 a new provision to the Indiana Code or the Indiana Constitution.
6262 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
6363 between statutes enacted by the 2024 Regular Session of the General Assembly.
6464 HOUSE BILL No. 1542
6565 A BILL FOR AN ACT to amend the Indiana Code concerning trade
6666 regulation and to make an appropriation.
6767 Be it enacted by the General Assembly of the State of Indiana:
6868 1 SECTION 1. IC 24-4-22.5 IS ADDED TO THE INDIANA CODE
6969 2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
7070 3 JULY 1, 2025]:
7171 4 Chapter 22.5. Sale of Kratom Consumable Products
7272 5 Sec. 1. This chapter does not apply to kratom or a kratom
7373 6 consumable product that is:
7474 7 (1) manufactured, packaged, processed, treated, transported,
7575 8 or otherwise prepared or possessed for the purpose of
7676 9 distribution of the kratom or kratom consumable product
7777 10 outside Indiana; and
7878 11 (2) not sold at retail to consumers in Indiana.
7979 12 Sec. 2. The following definitions apply throughout this chapter:
8080 13 (1) "Batch", with regard to a kratom consumable product,
8181 14 means units of the kratom consumable product produced:
8282 15 (A) during a specified period of time; and
8383 2025 IN 1542—LS 7668/DI 119 2
8484 1 (B) under similar conditions;
8585 2 as denoted by a code affixed to the kratom consumable
8686 3 product that allows for the attributes described in clauses (A)
8787 4 and (B) to be traced.
8888 5 (2) "Department" means the Indiana state department of
8989 6 agriculture established by IC 15-11-2-1.
9090 7 (3) "Discrete kratom product" means a kratom consumable
9191 8 product individual units or retail packages of which are
9292 9 assigned the same SKU.
9393 10 (4) "Fund" means the kratom regulation fund established by
9494 11 section 3 of this chapter.
9595 12 (5) "Independent testing laboratory" means a laboratory:
9696 13 (A) that is accredited as a testing laboratory under
9797 14 International Organization for Standardization (ISO)
9898 15 17025 by a third party accrediting body such as the
9999 16 American Association for Laboratory Accreditation
100100 17 (A2LA) or Assured Calibration and Laboratory
101101 18 Accreditation Select Services (ACLASS); and
102102 19 (B) with respect to which no person having a direct or
103103 20 indirect interest in the laboratory also has a direct or
104104 21 indirect interest in facility that:
105105 22 (i) manufactures, distributes, or sells kratom, a kratom
106106 23 consumable product, or a substantially similar substance
107107 24 or product; or
108108 25 (ii) cultivates, processes, distributes, or dispenses
109109 26 kratom.
110110 27 (6) "Kratom alkaloid" means mitragynine, speciociliatine,
111111 28 speciogynine, paynantheine, or 7-hydroxymitragynine.
112112 29 (7) "Kratom consumable product" means a food or dietary
113113 30 supplement that contains kratom leaf or kratom leaf extract.
114114 31 (8) "Kratom distributor" means a person that:
115115 32 (A) transports, delivers, or sells a kratom consumable
116116 33 product for the purpose of distribution of the kratom
117117 34 consumable product in commerce; but
118118 35 (B) does not sell a kratom consumable product at retail for
119119 36 consumption by the buyer.
120120 37 (9) "Kratom leaf" means the leaf of the kratom plant,
121121 38 Mitragyna speciosa, in fresh form or in dehydrated or dried
122122 39 form, that has not undergone any post-harvest processing
123123 40 other than one (1) or more of the following:
124124 41 (A) Drying.
125125 42 (B) Size reduction by cutting, milling, or a similar
126126 2025 IN 1542—LS 7668/DI 119 3
127127 1 procedure.
128128 2 (C) Cleaning or sterilization using standard treatments
129129 3 applied to food ingredients, such as heat, steam,
130130 4 pressurization, or irradiation.
131131 5 (10) "Kratom leaf extract" means a complex,
132132 6 multi-component mixture in dry, liquid, or semisolid form:
133133 7 (A) that is obtained by extracting kratom from kratom leaf
134134 8 after using a solvent to dissolve components of the
135135 9 biomass;
136136 10 (B) to which excipients may have been added in order to
137137 11 adjust chemical concentration, enhance stability, limit
138138 12 microbial growth, or improve drying, flow, or other
139139 13 manufacturing characteristics;
140140 14 (C) that contains mitragynine as the most abundant
141141 15 alkaloid; and
142142 16 (D) in which the ratio of mitragynine to other alkaloids is
143143 17 equal to the ratio found in the kratom leaf before
144144 18 performance of the processes described in clauses (A) and
145145 19 (B).
146146 20 The term does not include expressed juices, pure chemicals
147147 21 isolated from an herb, or synthetically modified plant
148148 22 constituents.
149149 23 (11) "Kratom manufacturer" means a person that engages in
150150 24 the manufacture of kratom consumable products.
151151 25 (12) "Kratom seller" means a person, including an online
152152 26 seller, that sells a kratom consumable product at retail for
153153 27 consumption by the buyer.
154154 28 (13) "Reasonable age verification method" has the meaning
155155 29 set forth in IC 24-4-23-7.
156156 30 (14) "SKU" means a unique identification code assigned to a
157157 31 product to facilitate a seller's tracking of the seller's inventory
158158 32 of the product.
159159 33 (15) "Synthesized kratom alkaloid" means a kratom alkaloid
160160 34 that has undergone directed physical, chemical, or
161161 35 biosynthetic processes resulting in changes to the alkaloid's
162162 36 chemical composition.
163163 37 (16) "Synthesized metabolite" means a metabolite that has
164164 38 undergone directed physical, chemical, or biosynthetic
165165 39 processes resulting in changes to the metabolite's chemical
166166 40 composition.
167167 41 Sec. 3. (a) The kratom regulation fund is established for the
168168 42 purpose of funding enforcement of this chapter.
169169 2025 IN 1542—LS 7668/DI 119 4
170170 1 (b) The department shall administer the fund.
171171 2 (c) The fund consists of:
172172 3 (1) civil penalties collected under this chapter;
173173 4 (2) fees collected for issuance and renewal of registrations
174174 5 under section 4 of this chapter;
175175 6 (3) money appropriated to the fund by the general assembly;
176176 7 and
177177 8 (4) gifts, grants, bequests, and donations intended for deposit
178178 9 in the fund.
179179 10 (d) The expenses of administering the fund shall be paid from
180180 11 money in the fund.
181181 12 (e) Money in the fund at the end of a state fiscal year does not
182182 13 revert to the state general fund.
183183 14 (f) Money in the fund is continuously appropriated for the
184184 15 purposes of the fund.
185185 16 Sec. 4. (a) A person may not:
186186 17 (1) manufacture a kratom consumable product in Indiana
187187 18 unless the person is registered by the department as a kratom
188188 19 manufacturer under this section;
189189 20 (2) distribute a kratom consumable product in Indiana unless
190190 21 the person is registered by the department as a kratom
191191 22 distributor under this section; or
192192 23 (3) sell a kratom consumable product in Indiana unless the
193193 24 person is registered by the department as a kratom seller
194194 25 under this section.
195195 26 A person that manufactures, distributes, or sells a kratom
196196 27 consumable product in Indiana without being registered to do so
197197 28 under this section commits a Class B misdemeanor.
198198 29 (b) The department may register an individual as a kratom
199199 30 manufacturer, kratom distributor, or kratom seller if the
200200 31 individual:
201201 32 (1) is at least twenty-one (21) years of age;
202202 33 (2) submits to the department any information required for
203203 34 registration as a kratom manufacturer, kratom distributor, or
204204 35 kratom seller, respectively, under rules adopted by the
205205 36 department under section 10 of this chapter;
206206 37 (3) has not been convicted of:
207207 38 (A) a felony under IC 35-48; or
208208 39 (B) an offense in another jurisdiction that is substantially
209209 40 similar to a felony under IC 35-48;
210210 41 within the ten (10) years immediately preceding the date of
211211 42 the individual's application for registration;
212212 2025 IN 1542—LS 7668/DI 119 5
213213 1 (4) consents to:
214214 2 (A) audit by the department of kratom consumable
215215 3 products manufactured, distributed, or sold under the
216216 4 registration; and
217217 5 (B) confiscation by the department of kratom consumable
218218 6 products found by the department to be in violation of
219219 7 testing requirements under section 8 of this chapter or
220220 8 packaging and labeling requirements under section 9 of
221221 9 this chapter; and
222222 10 (5) is not delinquent in:
223223 11 (A) filing of the individual's Indiana state tax returns; or
224224 12 (B) payment of Indiana taxes, and any penalties and
225225 13 interest on Indiana taxes, for which the individual is liable.
226226 14 (c) A registration issued under this section is valid for three (3)
227227 15 years. An individual issued a registration under this section may
228228 16 renew the registration if the individual:
229229 17 (1) applies for renewal of the license in the form and manner
230230 18 prescribed by the department; and
231231 19 (2) at the time of the application, continues to meet the
232232 20 conditions required for issuance of the registration under this
233233 21 section.
234234 22 (d) The department may revoke, deny issuance of, or deny
235235 23 renewal of a registration under this section for any of the
236236 24 following:
237237 25 (1) Submission of false or misleading information in an
238238 26 application for issuance or renewal of a registration under
239239 27 this section.
240240 28 (2) Submission by a registrant of false or misleading
241241 29 information in a report required to be submitted to the
242242 30 department under this chapter or under rules adopted by the
243243 31 department under section 10 of this chapter.
244244 32 (3) Failure of a registrant to remit a civil penalty imposed on
245245 33 the registrant under this chapter.
246246 34 (e) The fee for issuance or renewal of a registration as a kratom
247247 35 manufacturer under this section is:
248248 36 (1) five thousand dollars ($5,000); plus
249249 37 (2) two hundred dollars ($200) per discrete kratom product
250250 38 manufactured by the kratom manufacturer in Indiana.
251251 39 (f) The department shall make available on the department's
252252 40 website an application for issuance or renewal of a registration
253253 41 under this section.
254254 42 (g) Fees collected under this section for issuance and renewal of
255255 2025 IN 1542—LS 7668/DI 119 6
256256 1 registrations shall be deposited in the fund.
257257 2 Sec. 5. (a) A person who knowingly or negligently manufactures
258258 3 or distributes in Indiana a kratom consumable product:
259259 4 (1) that contains a synthesized kratom alkaloid, a kratom
260260 5 constituent, or a synthesized metabolite of a kratom
261261 6 constituent in which the level of 7-hydroxymitragynine:
262262 7 (A) exceeds:
263263 8 (i) two-tenths (0.2) of a milligram per gram on a dry
264264 9 weight basis; or
265265 10 (ii) two-hundredths of one percent (0.02%) on a weight
266266 11 by weight basis;
267267 12 as confirmed by a high performance or ultra high
268268 13 performance liquid chromatography testing method; or
269269 14 (B) exceeds one (1) milligram per container;
270270 15 (2) that contains mitragynine in an amount that exceeds two
271271 16 hundred (200) milligrams per container; or
272272 17 (3) containing or produced from kratom leaf the total kratom
273273 18 alkaloid content of which exceeds four percent (4%)
274274 19 measured on a dried weight to weight basis;
275275 20 commits a Class B misdemeanor.
276276 21 (b) In addition to any criminal penalty imposed for a violation
277277 22 of subsection (a), the department may take one (1) or more of the
278278 23 following actions with regard to a person that is registered to
279279 24 manufacture or distribute a kratom consumable product under
280280 25 section 4 of this chapter and that violates subsection (a):
281281 26 (1) Suspend the person's registration for a period of not more
282282 27 than three (3) years.
283283 28 (2) Revoke the person's registration.
284284 29 (3) Impose upon the person a civil penalty in the following
285285 30 amount:
286286 31 (A) If the person has not previously committed a violation
287287 32 of subsection (a), a penalty of not more than one thousand
288288 33 dollars ($1,000).
289289 34 (B) If the person has committed one (1) previous violation
290290 35 of subsection (a), a penalty of not more than five thousand
291291 36 dollars ($5,000).
292292 37 (C) If the person has committed two (2) or more previous
293293 38 violations of subsection (a), a penalty of not more than
294294 39 seven thousand five hundred dollars ($7,500).
295295 40 (c) The department may, in lieu of suspending or revoking a
296296 41 person's registration under subsection (b), accept from the person
297297 42 a penalty payment of eight thousand dollars ($8,000).
298298 2025 IN 1542—LS 7668/DI 119 7
299299 1 (d) It is a defense to the imposition of a civil penalty for a
300300 2 violation of subsection (a) that the kratom manufacturer or kratom
301301 3 distributor, after recalling all kratom consumable products from
302302 4 the same batch as the kratom consumable product on which the
303303 5 violation is based:
304304 6 (1) causes samples of the batch to be tested by an independent
305305 7 testing laboratory; and
306306 8 (2) provides to the department results from the testing under
307307 9 subdivision (1) that show that the samples meet the chemical
308308 10 content requirements for legal manufacture or distribution
309309 11 under subsection (a).
310310 12 Sec. 6. (a) A person may not knowingly or negligently do any of
311311 13 the following:
312312 14 (1) Sell a kratom consumable product to an individual who is
313313 15 less than twenty-one (21) years of age.
314314 16 (2) Sell a kratom consumable product:
315315 17 (A) in an in-person transaction to an individual who the
316316 18 person has reasonable grounds to believe is less than thirty
317317 19 (30) years of age without demanding and receiving proof
318318 20 of age from the individual; or
319319 21 (B) in an online transaction to an individual without
320320 22 verifying the individual's age through a reasonable age
321321 23 verification method.
322322 24 (3) Sell a kratom consumable product that does not meet the
323323 25 chemical content requirements for legal manufacture or
324324 26 distribution under section 5(a) of this chapter.
325325 27 (4) Display a kratom consumable product for sale at retail in
326326 28 a manner that makes the kratom consumable product
327327 29 accessible to a consumer without the assistance of the kratom
328328 30 seller's employee or agent, unless:
329329 31 (A) the retail location is an establishment into which
330330 32 individuals less than twenty-one (21) years of age are
331331 33 prohibited from entering; or
332332 34 (B) the kratom consumable product is displayed in an area
333333 35 or display in the retail establishment in which the kratom
334334 36 seller displays other products that may be legally
335335 37 purchased only by individuals twenty-one (21) years of age
336336 38 or older.
337337 39 (b) The department may impose a civil penalty in the following
338338 40 amount on a person that violates subsection (a):
339339 41 (1) If the person has not committed a previous violation of
340340 42 subsection (a) in the immediately preceding three (3) years, a
341341 2025 IN 1542—LS 7668/DI 119 8
342342 1 penalty of not more than five hundred dollars ($500).
343343 2 (2) If the person has committed one (1) previous violation of
344344 3 subsection (a) in the immediately preceding three (3) years, a
345345 4 penalty of not more than seven hundred fifty dollars ($750).
346346 5 (3) If the person has committed two (2) previous violations of
347347 6 subsection (a) in the immediately preceding three (3) years, a
348348 7 penalty of not more than one thousand dollars ($1,000).
349349 8 (4) If the person has committed three (3) or more previous
350350 9 violations of subsection (a) in the immediately preceding three
351351 10 (3) years, a penalty of not more than two thousand dollars
352352 11 ($2,000).
353353 12 (c) It is a defense to the imposition of a civil penalty for a
354354 13 violation of subsection (a)(1) that the kratom seller sold the kratom
355355 14 consumable product to the individual in reliance:
356356 15 (1) on:
357357 16 (A) a state issued drivers license or identification card;
358358 17 (B) a military or other identification card issued by the
359359 18 federal government;
360360 19 (C) an identification card issued by a federally recognized
361361 20 tribal government; or
362362 21 (D) a passport;
363363 22 that bore a photograph of the individual or a physical
364364 23 description reasonably describing the individual and that
365365 24 indicated that the individual was at least twenty-one (21)
366366 25 years of age;
367367 26 (2) on a biometric identification system that identified the
368368 27 individual by reference to a form of identification described
369369 28 in subdivision (1) that:
370370 29 (A) the individual had previously registered with the
371371 30 kratom seller or with an agent of the kratom seller; and
372372 31 (B) indicated that the individual was at least twenty-one
373373 32 (21) years of age; or
374374 33 (3) on other facts that reasonably indicated to the kratom
375375 34 seller at the time of the sale that the individual was at least
376376 35 twenty-one (21) years of age.
377377 36 Sec. 7. (a) A person may not knowingly or negligently provide
378378 37 a kratom consumable product to an individual who is less than
379379 38 twenty-one (21) years of age.
380380 39 (b) An individual who is less than twenty-one (21) years of age
381381 40 may not knowingly or intentionally possess, purchase, or attempt
382382 41 to purchase a kratom consumable product.
383383 42 (c) An individual may not knowingly or intentionally use any of
384384 2025 IN 1542—LS 7668/DI 119 9
385385 1 the following to obtain or attempt to obtain a kratom consumable
386386 2 product:
387387 3 (1) Fraudulent or altered documentation of the individual's
388388 4 age or identity.
389389 5 (2) Documentation of age or identity that was issued to a
390390 6 person other than the individual.
391391 7 (3) Any other fraudulent or altered document that indicates
392392 8 that the individual is at least twenty-one (21) years of age.
393393 9 (d) An individual may not knowingly or intentionally allow
394394 10 another person to use documentation that:
395395 11 (1) was issued to the individual; and
396396 12 (2) identifies the individual or indicates the individual's age;
397397 13 for the purpose of assisting the other person in obtaining or
398398 14 attempting to obtain a kratom consumable product in violation of
399399 15 subsection (b).
400400 16 (e) An individual who violates this section or assists another
401401 17 person in violating this section:
402402 18 (1) commits a Class B misdemeanor if the individual is less
403403 19 than twenty-one (21) years of age at the time of the violation;
404404 20 or
405405 21 (2) a Class A misdemeanor if the individual is twenty-one (21)
406406 22 years of age or older at the time of the violation.
407407 23 (f) This section does not prohibit an individual from possessing
408408 24 a kratom consumable product as required by the individual's
409409 25 duties in the course of the individual's lawful employment.
410410 26 Sec. 8. (a) A kratom manufacturer that manufactures a kratom
411411 27 consumable product that is sold at retail in Indiana shall, before
412412 28 selling the kratom consumable product at retail in Indiana or
413413 29 providing the kratom consumable product to a kratom distributor
414414 30 for the purpose of retail sale in Indiana:
415415 31 (1) cause each batch of the kratom consumable product to be
416416 32 tested as described in subsections (c) and (d); and
417417 33 (2) obtain, from the independent testing laboratory that tests
418418 34 the kratom consumable product, a certificate of analysis with
419419 35 regard to the testing.
420420 36 (b) A kratom distributor that:
421421 37 (1) distributes a kratom consumable product that is delivered
422422 38 to the kratom distributor packaged in a form that is not the
423423 39 form in which the kratom consumable product will be
424424 40 packaged for sale to a consumer; and
425425 41 (2) opens the packaging in which the kratom consumable
426426 42 product is delivered to the kratom distributor;
427427 2025 IN 1542—LS 7668/DI 119 10
428428 1 shall, before distributing the kratom consumable product in
429429 2 Indiana, cause the kratom consumable product to be tested as
430430 3 described in subsection (c).
431431 4 (c) A kratom consumable product must be tested for purposes
432432 5 of subsection (a) or (b):
433433 6 (1) by an independent testing laboratory; and
434434 7 (2) using high performance liquid chromatography or ultra
435435 8 high performance liquid chromatography for any separation
436436 9 and measurement;
437437 10 to confirm that the composition of the kratom consumable product
438438 11 meets the chemical content requirements for legal manufacture or
439439 12 distribution under section 5(a) of this chapter.
440440 13 (d) The sample size of a batch tested as required under
441441 14 subsection (a) is as follows:
442442 15 (1) For a batch that contains less than one thousand (1,000)
443443 16 units, the required sample size is one (1) unit.
444444 17 (2) For a batch that contains at least one thousand (1,000)
445445 18 units but less than five thousand (5,000) units, the required
446446 19 sample size is two (2) units.
447447 20 (3) For a batch that contains at least five thousand (5,000)
448448 21 units but less than ten thousand (10,000) units, the required
449449 22 sample size is three (3) units.
450450 23 (4) For a batch containing at least ten thousand (10,000) units,
451451 24 the required sample size is five (5) units.
452452 25 (e) A kratom manufacturer is not required to:
453453 26 (1) publicly disclose; or
454454 27 (2) provide to the department for purposes of the kratom
455455 28 manufacturer's registration under section 4 of this chapter;
456456 29 the results of batch testing performed under this section.
457457 30 (f) The department may take one (1) or more of the following
458458 31 actions with regard to a kratom manufacturer or kratom
459459 32 distributor that violates this section:
460460 33 (1) Suspend the kratom manufacturer's or kratom
461461 34 distributor's registration for a period of not more than three
462462 35 (3) years.
463463 36 (2) Revoke the kratom manufacturer's or kratom
464464 37 distributor's registration.
465465 38 (3) Impose upon the kratom manufacturer or kratom
466466 39 distributor a civil penalty in the following amount:
467467 40 (A) If the kratom manufacturer or kratom distributor has
468468 41 committed no previous violation of this section within the
469469 42 immediately preceding three (3) years, a penalty of not
470470 2025 IN 1542—LS 7668/DI 119 11
471471 1 more than one thousand dollars ($1,000).
472472 2 (B) If the kratom manufacturer or kratom distributor has
473473 3 committed one (1) previous violation of this section within
474474 4 the immediately preceding three (3) years, a penalty of not
475475 5 more than five thousand dollars ($5,000).
476476 6 (C) If the kratom manufacturer or kratom distributor has
477477 7 committed two (2) or more previous violations of this
478478 8 section within the immediately preceding three (3) years,
479479 9 a penalty of not more than seven thousand five hundred
480480 10 dollars ($7,500).
481481 11 (g) The department may, in lieu of suspending or revoking a
482482 12 kratom manufacturer's or kratom distributor's registration under
483483 13 subsection (f), accept from the kratom manufacturer or kratom
484484 14 distributor a penalty payment of eight thousand dollars ($8,000).
485485 15 Sec. 9. (a) A kratom consumable product sold in Indiana must
486486 16 be labeled with the following:
487487 17 (1) A list of ingredients and a nutritional or supplement fact
488488 18 panel.
489489 19 (2) The amount of mitragynine:
490490 20 (A) in the kratom consumable product; or
491491 21 (B) per serving of the kratom consumable product;
492492 22 measured in milligrams.
493493 23 (3) The amount of 7-hydroxymitragynine:
494494 24 (A) in the kratom consumable product; or
495495 25 (B) per serving of the kratom consumable product.
496496 26 (4) The net weight of the kratom consumable product.
497497 27 (5) The kratom consumable product's batch number.
498498 28 (6) An expiration date in accordance with applicable federal
499499 29 law.
500500 30 (7) Serving size expressed in servings per day.
501501 31 (8) Recommendations and conditions for use.
502502 32 (9) A statement warning against using the kratom consumable
503503 33 product while pregnant or breastfeeding.
504504 34 (10) A recommendation to keep the kratom consumable
505505 35 product out of the reach of children.
506506 36 (11) A recommendation that an individual should consult a
507507 37 health care practitioner before using the kratom consumable
508508 38 product.
509509 39 (12) A warning regarding the dangers of combining kratom
510510 40 with alcohol or other drugs.
511511 41 (b) A person that sells a kratom consumable product in Indiana
512512 42 shall provide notice to the department of the SKU of the kratom
513513 2025 IN 1542—LS 7668/DI 119 12
514514 1 consumable product not later than fifteen (15) business days before
515515 2 the person sells the kratom consumable product in Indiana. The
516516 3 provision of notice under this subsection serves as an affirmation
517517 4 that the product satisfies the definition of a kratom consumable
518518 5 product under this chapter.
519519 6 (c) A kratom manufacturer, kratom distributor, or kratom
520520 7 seller may not advertise or market a kratom consumable product
521521 8 by using:
522522 9 (1) in the labeling or design of the kratom consumable
523523 10 product;
524524 11 (2) in the packaging of the kratom consumable product; or
525525 12 (3) in advertising or marketing materials for the kratom
526526 13 consumable product, including the kratom consumable
527527 14 product's trade dress, trademarks, branding, or other related
528528 15 materials;
529529 16 any imagery or scenery that depicts or signifies characters or
530530 17 symbols known to appeal primarily to persons under twenty-one
531531 18 (21) years of age, including superheroes, comic book characters,
532532 19 video game characters, television show characters, movie
533533 20 characters, mythical creatures, or any imitation of the packaging
534534 21 or labeling of food products typically marketed to persons under
535535 22 twenty-one (21) years of age.
536536 23 (d) The department may impose a civil penalty in the following
537537 24 amount on a person that violates this section:
538538 25 (1) If the person has committed no previous violation of this
539539 26 section in the immediately preceding three (3) years, a penalty
540540 27 of not more than five hundred dollars ($500).
541541 28 (2) If the person has committed one (1) previous violation of
542542 29 this section in the immediately preceding three (3) years, a
543543 30 penalty of not more than seven hundred fifty dollars ($750).
544544 31 (3) If the person has committed two (2) previous violations of
545545 32 this section in the immediately preceding three (3) years, a
546546 33 penalty of not more than one thousand dollars ($1,000).
547547 34 (4) If the person has committed three (3) or more previous
548548 35 violations of this section in the immediately preceding three
549549 36 (3) years, a penalty of not more than two thousand dollars
550550 37 ($2,000).
551551 38 Sec. 10. The department shall adopt rules under IC 4-22-2
552552 39 necessary to administer this chapter.
553553 40 SECTION 2. IC 35-52-24-20.6 IS ADDED TO THE INDIANA
554554 41 CODE AS A NEW SECTION TO READ AS FOLLOWS
555555 42 [EFFECTIVE JULY 1, 2025]: Sec. 20.6. The following statutes
556556 2025 IN 1542—LS 7668/DI 119 13
557557 1 define crimes related to regulation of kratom consumable
558558 2 products:
559559 3 (1) IC 24-4-22.5-4.
560560 4 (2) IC 24-4-22.5-5.
561561 5 (3) IC 24-4-22.5-7.
562562 2025 IN 1542—LS 7668/DI 119