Mississippi 2025 Regular Session

Mississippi Senate Bill SB2737 Compare Versions

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1	1	MISSISSIPPI LEGISLATURE 2025 Regular Session To: Public Health and Welfare By: Senator(s) Fillingane Senate Bill 2737 AN ACT TO CREATE THE MISSISSIPPI KRATOM CONSUMER PROTECTION ACT; TO PROVIDE DEFINITIONS; TO PROVIDE AGE RESTRICTIONS, REQUIRE AGE VERIFICATION, PROHIBIT CERTAIN PRODUCT POTENCY, PROHIBIT SALE OF PRODUCTS ATTRACTIVE TO CHILDREN, TO PROHIBIT THE SALE OF KRATOM ADULTERATED WITH SYNTHESIZED OR SEMI-SYNTHESIZED KRATOM ALKALOIDS OR KRATOM CONSTITUENTS; TO SET FORTH MANUFACTURING, PACKAGING AND LABELING REQUIREMENTS; TO LEVY A PRIVILEGE TAX; TO ESTABLISH PENALTIES; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Short title. This act shall be known and may be cited as the "Mississippi Kratom Consumer Protection Act." SECTION 2. Definitions. For purposes of this section, unless the context clearly requires otherwise, the following terms shall have the meanings ascribed herein: (a) "Kratom leaf" means the leaf of the kratom plant, Mitragyna speciosa, in fresh or dehydrated form, and subjected to no post-harvest processing other than: (i) Drying or size reduction; and (ii) Cleaning or sterilization through the application of heat, steam, pressurization, irradiation or other standard treatments applied to food ingredients. (b) "Kratom leaf extract" means the material extracted from kratom leaves via application of a solvent consisting of water, ethanol or food grade carbon dioxide, or any other solvent allowed by federal or state regulation to be used in the manufacturing of a food ingredient. (c) "Kratom product" means a food or dietary supplement that consists of or contains kratom leaf or kratom leaf extract. (d) "Synthesized' means an alkaloid or alkaloid derivative that has been created by chemical synthesis or biosynthetic means, including, but not limited to fermentation, recombinant techniques, yeast derivation or enzymatic techniques, rather than traditional food preparation techniques such as heating or extracting. (e) "Semi-synthesized" means a kratom extract that has been further exposed to chemicals and/or processes that would confer a structural change in the alkaloids contained within the extract resulting in material that has been chemically altered. (f) "Attractive to children" means products that: (i) Are manufactured in the shape of humans, cartoons or animals; or (ii) Are manufactured in a form that bears any reasonable resemblance to an existing candy product that is familiar to the public as a widely distributed, branded food product, such that the product could be mistaken for the branded product, especially by children. (g) "Processor" means a person that manufacturers, packages, labels or distributes kratom products, or advertises, represents or holds itself out as manufacturing, preparing, packaging or labeling kratom products. SECTION 3. Restrictions. (1) No person shall sell, offer for sale, provide or distribute kratom leaf or a kratom product to a person under twenty-one (21) years of age. (2) An online retailer or marketplace of kratom leaf or kratom products shall implement an age verification system to ensure compliance with subsection (1) of this section. (3) No person shall sell, offer for sale, provide or distribute a kratom product that contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2% of the alkaloid composition of the kratom product. (4) An individual, business or other entity shall not produce, sell or distribute a kratom product that is attractive to children. (5) No person shall distribute consumable kratom products through displays accessible to the public without the assistance of a retailer's employee or agent, unless such display: (a) Is located in an establishment to which individuals under the age of twenty-one (21) are denied access; or (b) Is encased where other products to which individuals under the age of twenty-one (21) are denied purchase are stored. (6) No person or entity shall offer for sale any kratom product that contains or is adulterated with synthesized or semi-synthesized kratom alkaloids or kratom constituents. SECTION 4. Manufacturing. (1) A kratom product sold, offered for sale or introduced into commerce in the State of Mississippi shall be manufactured, packaged, labeled and held in compliance with federal laws and regulations for current good manufacturing practices in manufacturing, packaging, labeling or holding operations for dietary supplements, as codified at 21 CFR Part 111. (2) A processor that manufactures, processes, packages or holds kratom products out for sale in the State of Mississippi must be properly registered with the United States Food and Drug Administration. SECTION 5. Packaging and labeling. A kratom product produced, manufactured, distributed, sold or offered for sale in the State of Mississippi shall have a label that clearly and conspicuously provides all of the following information on each retail package: (a) A recommendation against the use by individuals who are under twenty-one (21) years of age, who are pregnant or who are breastfeeding; (b) A recommendation to consult a health care professional prior to use; (c) An advisement that kratom may interact with certain mediations; (d) An advisement that kratom may be habit forming; (e) The following language: "These statements have not been evaluated by the United States Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease."; (f) The name and place of business of the processor, manufacturer, packer or distributor; (g) Directions for use that include: (i) A recommended amount of kratom product per serving; and (ii) A recommended number of servings that can be safely consumed in a 24-hour period; and (h) Quantitative declarations of the amount per serving of: (i) Mitragynine; and (ii) 7-hydroxymitragynine. SECTION 6. Excise tax. For the privilege of engaging or continuing in the business of the retail sale of kratom or kratom products in the State of Mississippi, there is hereby levied upon and collected from every person exercising the privilege a privilege tax equal to five percent (5%) of the retail sales price of kratom or kratom products sold during the reporting period. Such tax shall be imposed in addition to all other applicable taxes. SECTION 7. Penalties. (1) Any person who sells a kratom product without a registration as described in Section 4 of this act shall be subject to a civil penalty of up to One Thousand Dollars ($1,000.00) for the first offense, and up to Five Thousand Dollars ($5,000.00) for a second offense. All penalties shall be payable to the state law enforcement authority. (2) For a third violation and each subsequent violation, the person shall be fined a minimum of Five Thousand Dollars ($5,000.00), up to a maximum of Twenty Thousand Dollars ($20,000.00), and shall be prohibited from selling kratom products in the State of Mississippi for three (3) years. SECTION 8. Preemption. A locality within the State of Mississippi shall not impose additional restrictions on kratom leaf or kratom products greater than those enumerated in this act, or enact additional requirements on the manufacture of kratom leaf, kratom extract or a kratom product. SECTION 9. This act shall take effect and be in force from and after July 1, 2025.
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3	3	MISSISSIPPI LEGISLATURE
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5	5	2025 Regular Session
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7	7	To: Public Health and Welfare
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9	9	By: Senator(s) Fillingane
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11	11	# Senate Bill 2737
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13	13	AN ACT TO CREATE THE MISSISSIPPI KRATOM CONSUMER PROTECTION ACT; TO PROVIDE DEFINITIONS; TO PROVIDE AGE RESTRICTIONS, REQUIRE AGE VERIFICATION, PROHIBIT CERTAIN PRODUCT POTENCY, PROHIBIT SALE OF PRODUCTS ATTRACTIVE TO CHILDREN, TO PROHIBIT THE SALE OF KRATOM ADULTERATED WITH SYNTHESIZED OR SEMI-SYNTHESIZED KRATOM ALKALOIDS OR KRATOM CONSTITUENTS; TO SET FORTH MANUFACTURING, PACKAGING AND LABELING REQUIREMENTS; TO LEVY A PRIVILEGE TAX; TO ESTABLISH PENALTIES; AND FOR RELATED PURPOSES.
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15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
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17	17	SECTION 1. Short title. This act shall be known and may be cited as the "Mississippi Kratom Consumer Protection Act."
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19	19	SECTION 2. Definitions. For purposes of this section, unless the context clearly requires otherwise, the following terms shall have the meanings ascribed herein:
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21	21	(a) "Kratom leaf" means the leaf of the kratom plant, Mitragyna speciosa, in fresh or dehydrated form, and subjected to no post-harvest processing other than:
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23	23	(i) Drying or size reduction; and
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25	25	(ii) Cleaning or sterilization through the application of heat, steam, pressurization, irradiation or other standard treatments applied to food ingredients.
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27	27	(b) "Kratom leaf extract" means the material extracted from kratom leaves via application of a solvent consisting of water, ethanol or food grade carbon dioxide, or any other solvent allowed by federal or state regulation to be used in the manufacturing of a food ingredient.
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29	29	(c) "Kratom product" means a food or dietary supplement that consists of or contains kratom leaf or kratom leaf extract.
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31	31	(d) "Synthesized' means an alkaloid or alkaloid derivative that has been created by chemical synthesis or biosynthetic means, including, but not limited to fermentation, recombinant techniques, yeast derivation or enzymatic techniques, rather than traditional food preparation techniques such as heating or extracting.
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33	33	(e) "Semi-synthesized" means a kratom extract that has been further exposed to chemicals and/or processes that would confer a structural change in the alkaloids contained within the extract resulting in material that has been chemically altered.
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35	35	(f) "Attractive to children" means products that:
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37	37	(i) Are manufactured in the shape of humans, cartoons or animals; or
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39	39	(ii) Are manufactured in a form that bears any reasonable resemblance to an existing candy product that is familiar to the public as a widely distributed, branded food product, such that the product could be mistaken for the branded product, especially by children.
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41	41	(g) "Processor" means a person that manufacturers, packages, labels or distributes kratom products, or advertises, represents or holds itself out as manufacturing, preparing, packaging or labeling kratom products.
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43	43	SECTION 3. Restrictions. (1) No person shall sell, offer for sale, provide or distribute kratom leaf or a kratom product to a person under twenty-one (21) years of age.
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45	45	(2) An online retailer or marketplace of kratom leaf or kratom products shall implement an age verification system to ensure compliance with subsection (1) of this section.
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47	47	(3) No person shall sell, offer for sale, provide or distribute a kratom product that contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2% of the alkaloid composition of the kratom product.
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49	49	(4) An individual, business or other entity shall not produce, sell or distribute a kratom product that is attractive to children.
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51	51	(5) No person shall distribute consumable kratom products through displays accessible to the public without the assistance of a retailer's employee or agent, unless such display:
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53	53	(a) Is located in an establishment to which individuals under the age of twenty-one (21) are denied access; or
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55	55	(b) Is encased where other products to which individuals under the age of twenty-one (21) are denied purchase are stored.
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57	57	(6) No person or entity shall offer for sale any kratom product that contains or is adulterated with synthesized or semi-synthesized kratom alkaloids or kratom constituents.
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59	59	SECTION 4. Manufacturing. (1) A kratom product sold, offered for sale or introduced into commerce in the State of Mississippi shall be manufactured, packaged, labeled and held in compliance with federal laws and regulations for current good manufacturing practices in manufacturing, packaging, labeling or holding operations for dietary supplements, as codified at 21 CFR Part 111.
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61	61	(2) A processor that manufactures, processes, packages or holds kratom products out for sale in the State of Mississippi must be properly registered with the United States Food and Drug Administration.
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63	63	SECTION 5. Packaging and labeling. A kratom product produced, manufactured, distributed, sold or offered for sale in the State of Mississippi shall have a label that clearly and conspicuously provides all of the following information on each retail package:
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65	65	(a) A recommendation against the use by individuals who are under twenty-one (21) years of age, who are pregnant or who are breastfeeding;
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67	67	(b) A recommendation to consult a health care professional prior to use;
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69	69	(c) An advisement that kratom may interact with certain mediations;
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71	71	(d) An advisement that kratom may be habit forming;
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73	73	(e) The following language: "These statements have not been evaluated by the United States Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.";
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75	75	(f) The name and place of business of the processor, manufacturer, packer or distributor;
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77	77	(g) Directions for use that include:
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79	79	(i) A recommended amount of kratom product per serving; and
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81	81	(ii) A recommended number of servings that can be safely consumed in a 24-hour period; and
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83	83	(h) Quantitative declarations of the amount per serving of:
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85	85	(i) Mitragynine; and
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87	87	(ii) 7-hydroxymitragynine.
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89	89	SECTION 6. Excise tax. For the privilege of engaging or continuing in the business of the retail sale of kratom or kratom products in the State of Mississippi, there is hereby levied upon and collected from every person exercising the privilege a privilege tax equal to five percent (5%) of the retail sales price of kratom or kratom products sold during the reporting period. Such tax shall be imposed in addition to all other applicable taxes.
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91	91	SECTION 7. Penalties. (1) Any person who sells a kratom product without a registration as described in Section 4 of this act shall be subject to a civil penalty of up to One Thousand Dollars ($1,000.00) for the first offense, and up to Five Thousand Dollars ($5,000.00) for a second offense. All penalties shall be payable to the state law enforcement authority.
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93	93	(2) For a third violation and each subsequent violation, the person shall be fined a minimum of Five Thousand Dollars ($5,000.00), up to a maximum of Twenty Thousand Dollars ($20,000.00), and shall be prohibited from selling kratom products in the State of Mississippi for three (3) years.
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95	95	SECTION 8. Preemption. A locality within the State of Mississippi shall not impose additional restrictions on kratom leaf or kratom products greater than those enumerated in this act, or enact additional requirements on the manufacture of kratom leaf, kratom extract or a kratom product.
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97	97	SECTION 9. This act shall take effect and be in force from and after July 1, 2025.