Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2454 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1049 FILED ON: 1/14/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2454
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Daniel J. Hunt
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act concerning the regulation of kratom.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Daniel J. Hunt13th Suffolk1/14/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/8/2025Colleen M. Garry36th Middlesex2/18/2025 1 of 4
16	16	HOUSE DOCKET, NO. 1049 FILED ON: 1/14/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2454
18	18	By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 2454) of Daniel
19	19	J. Hunt, Jacob R. Oliveira and Colleen M. Garry relative to establishing a penalty for the sale,
20	20	preparation, manufacturing, or distribution of kratom products that are contaminated with
21	21	dangerous non-kratom substances. Public Health.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 4985 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act concerning the regulation of kratom.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Chapter 270 of the General Laws is hereby amended by adding the
33	33	2following section:-
34	34	3 Section 30. (a) For the purposes of this section, the following words shall, unless the
35	35	4context clearly requires otherwise, have the following meanings:
36	36	5 "Food", a food, food product, food ingredient, dietary ingredient, dietary supplement or
37	37	6beverage for human consumption.
38	38	7 "Kratom product", a food product or dietary ingredient containing any part of the leaf of
39	39	8the Mitragyna speciosa plant, or a kratom extract, manufactured as a food, powder, capsule, pill, 2 of 4
40	40	9beverage or other edible product including any material, compound, mixture or preparation
41	41	10containing kratom.
42	42	11 “Kratom retailer”, a person or entity who sells maintains or distributes kratom or
43	43	12advertises, represents, or holds itself out as selling. maintaining or distributing kratom products.
44	44	13 “Manufacture” means the production, preparation, compounding, or processing of
45	45	14kratom, either directly or indirectly or by extraction from substances of natural origin, or
46	46	15independently by means of chemical synthesis or by a combination of extraction and chemical
47	47	16synthesis, and includes, but is not limited to, any packaging or repackaging of such substance or
48	48	17labeling or relabeling of its container.
49	49	18 (b) A kratom retailer shall not sell, distribute or offer for sale a kratom product without a
50	50	19label clearly stating: (i) the name and address of its manufacturer; (ii) a full list of its ingredients;
51	51	20and (iii) directions for its safe and effective use including the recommended serving size.
52	52	21 (c) A kratom retailer shall not distribute, advertise, sell or offer for sale:
53	53	22 (i) a kratom product that is adulterated with a dangerous non-kratom substance. A kratom
54	54	23product is adulterated with a dangerous non-kratom substance if the kratom product is mixed or
55	55	24packed with a non-kratom substance and that substance affects the quality or strength of the
56	56	25kratom product to such a degree as to renders the kratom product injurious to a consumer;
57	57	26 (ii) a kratom product that is contaminated with a dangerous non-kratom substance. A
58	58	27kratom product is contaminated with a dangerous non-kratom substance if the kratom product
59	59	28contains a poisonous or otherwise deleterious non-kratom ingredient, including, but not limited 3 of 4
60	60	29to, a controlled substance or controlled substance analogue as both are defined in section 1 of
61	61	30chapter 94C;
62	62	31 (iii) a kratom product containing a level of 7-hydroxymitragynine in the alkaloid fraction
63	63	32that is greater than 2 per cent of the overall alkaloid composition of the product; or
64	64	33 (iv) a kratom product containing any synthetic alkaloids including synthetic mitragynine,
65	65	34synthetic 7-hydroxymitragynine or any other synthetically derived compounds of the kratom
66	66	35plant.
67	67	36 (d) A kratom retailer shall not knowingly distribute, sell or offer for sale any kratom
68	68	37product to an individual under 18 years of age. (e) A kratom retailer who violates
69	69	38subsection (b) or subsection (c) shall subject to an administrative fine of not more than $500 for
70	70	39the first offense and not more than $1,000 for subsequent offenses. Upon the request of a person
71	71	40to whom an administrative fine is issued, the department shall conduct a hearing in accordance
72	72	41with chapter 30A.
73	73	42 (2) A kratom retailer does not violate subsection (b) or subsection (c) if they can show by
74	74	43a preponderance of the evidence that they relied in good faith upon the representations of a
75	75	44manufacturer, processor, packer or distributor of a kratom product or food represented to be a
76	76	45kratom product that such product was in compliance with this section.
77	77	46 (f) A kratom retailer who violates subsection (d) shall be punished by a fine of $1,000 for
78	78	47the first offense, $2,000 for a second offense and $5,000 for a third or subsequent offense. 4 of 4
79	79	48 (g) The department of public health shall promulgate rules and regulations for the
80	80	49administration and enforcement of this section including standards for accurate labeling and for
81	81	50testing kratom products for safety.
82	82	51 SECTION 2. This act shall take effect 180 days following its passage.