- 2025
69th Legislature 2025 HB0407.2
- 1 - Authorized Print Version – HB 407
1 HOUSE BILL NO. 407
2 INTRODUCED BY N. NICOL
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT CREATING THE KRATOM CONSUMER PROTECTION ACT;
5 PROVIDING DEFINITIONS; PROVIDING KRATOM PRODUCT LIMITATIONS; PROVIDING FOR KRATOM
6 PRODUCT REGISTRATION; PROVIDING FOR KRATOM PROCESSOR, DISTRIBUTOR, AND RETAILER
7 REGISTRATION; PROVIDING FOR LABELING REQUIREMENTS; PROVIDING FOR ENFORCEMENT BY
8 THE DEPARTMENT OF REVENUE; PROVIDING CIVIL PENALTIES; PROVIDING FOR MISDEMEANOR
9 AND FELONY CONVICTIONS; PROVIDING FOR FEES AND TAXES; PROVIDING RULEMAKING
10 AUTHORITY; AND PROVIDING FOR CONTINGENT FEDERAL PREEMPTION PROVIDING A STATUTORY
11 APPROPRIATION; AMENDING SECTION 17-7-502, MCA; AND PROVIDING A DELAYED EFFECTIVE
12 DATE.”
13
14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
15
16 (Refer to Introduced Bill)
17 Strike everything after the enacting clause and insert:
18
19 NEW SECTION. SECTION 1. HORT TITLE -- PURPOSE. (1) [S1 THROUGH 7] MAY BE CITED AS THE
20 "KRATOM CONSUMER PROTECTION ACT".
21 (2) IT IS THE PURPOSE OF [SECTIONS 1 THROUGH 7] TO PROHIBIT THE SELLING,,
22[SECTIONS 1 THROUGH 7]
23. I[SECTIONS 1 THROUGH 7] TO
2421.
25
26 NEW SECTION. SECTION 2. EFINITIONS. AS USED IN [sections 1 through 7],
27, THE FOLLOWING DEFINITIONS APPLY:
28 (1) "ATTRACTIVE TO CHILDREN" MEANS KRATOM PRODUCTS MANUFACTURED IN THE SHAPE OF CARTOONS - 2025
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1
2, BRANDED FOOD PRODUCT SO THAT A
3, ESPECIALLY BY CHILDREN.
4 (2) "DEPARTMENT".
5 (3) "KRATOM" MEANS THE PLANT MITRAGYNA SPECIOSA OR ANY PART OF THAT PLANT
6
7 (4) "KRATOM DISTRIBUTOR" MEANS A PERSON IMPORTING INTO OR PURCHASING IN MONTANA KRATOM
8MONTANA.
9 (5) "KRATOM EXTRACT" MEANS A SUBSTANCE OR COMPOUND OBTAINED BY EXTRACTION OF THE
10 MITRAGYNA SPECIOSA LEAF THAT IS INTENDED FOR INGESTION AND CONTAINS MORE THAN TRACE AMOUNTS OF
11 MITRAGYNA SPECIOSA AND CONTAINS OTHER ALKALOIDS OF THE KRATOM PLANT, AND WHICH DOES NOT CONTAIN ANY
12UNITED STATES
13 PHARMACOPEIA
14
15 (6) "KRATOM PROCESSOR" MEANS A PERSON WHO MANUFACTURERS OR PRODUCES KRATOM PRODUCTS.
16
17 (7) "KRATOM PRODUCT"
18 MITRAGYNA SPECIOSA IN FRESH, DEHYDRATED, OR DRIED FORM,, INCLUDING KRATOM
19.
20 (8) "KRATOM RETAILER" MEANS A PERSON THAT SELLS OR OTHERWISE PROVIDES KRATOM PRODUCTS TO
21.
22 (9) "PRODUCTION BATCH" MEANS A QUANTITY OF KRATOM PRODUCT FOR INDIVIDUAL USE FROM A
23.
24 (10) "SYNTHESIZED MATERIAL" MEANS AN ALKALOID, METABOLITE, OR ALKALOID DERIVATIVE THAT HAS BEEN
25, INCLUDING BUT NOT LIMITED TO FERMENTATION,
26,-DERIVED, ENZYMATIC TECHNIQUES,
27, SUCH AS HEATING OR EXTRACTING, THAT SYNTHETICALLY ALTERS THE COMPOSITION OF
28. - 2025
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1
2 NEW SECTION. SECTION 3. RATOM PRODUCT RESTRICTIONS. A KRATOM PROCESSOR MAY NOT PREPARE,
3, SELL, OR EXPOSE FOR SALE A KRATOM PRODUCT THAT:
4 (1)7-HYDROXYMITRAGYNINE IN THE ALKALOID FRACTION THAT IS GREATER THAN
5 2%;
6 (2);
7 (3)-KRATOM SUBSTANCE IF IT CONTAINS A
8-KRATOM INGREDIENT, INCLUDING BUT NOT LIMITED TO THE SUBSTANCES
9;
10 (4), INTENDED TO BE USED FOR VAPORIZATION, OR INJECTABLE;
11 (5);
12
13 (6)
14 ISO 17025 LABORATORY IN THE FORM OF A CERTIFICATE OF ANALYSIS REPRESENTING THAT:
15 (A), BIOLOGICAL
16, OR HEAVY METAL CONTAMINANTS THAT MEET THE STANDARD FOR DIETARY SUPPLEMENT PRODUCTS;
17
18
19 (B)[2] MEETS CONCENTRATION AND CONTENT LIMITS; OR
20 (7)[SECTION 2(5)].
21
22 NEW SECTION. SECTION 4. RATOM PRODUCT AND ENTITY REGISTRATION -- FEES -- TAX. (1) KRATOM
23,, AND KRATOM RETAILERS MUST REGISTER ANNUALLY WITH THE DEPARTMENT.
24 (2) A KRATOM PROCESSOR MAY NOT PREPARE, DISTRIBUTE, SELL, OR OFFER FOR SALE A KRATOM
25.
26 (3) (A) THE KRATOM PROCESSOR RESPONSIBLE FOR PLACING A KRATOM PRODUCT INTO COMMERCE IN THE
27
28$500. - 2025
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1 (4) THE REGISTRATION MUST INCLUDE THE FOLLOWING SWORN CERTIFICATIONS FROM THE KRATOM
2:
3 (A)[SECTION 3] AND THIS
4;
5 (B)
6UNITED STATES FOOD AND DRUG ADMINISTRATION FOR CURRENT GOOD
7, PROCESSES, PACKS,
8;
9
10 (C)UNITED STATES FOOD AND DRUG ADMINISTRATION FOOD FACILITY REGISTRATION
11
12’S FACILITY THAT MANUFACTURES,
13,, OR HOLDS A KRATOM PRODUCT;
14 (D)
15. THE REGISTRANT ASSUMES
16.
17 (E)-PARTY
18[SECTIONS 17] FOR RESIDUAL SOLVENTS,
19 7-,.
20 (5) AN ENTITY MUST ANNUALLY RENEW ITS REGISTRATION OR THE REGISTRATION WILL LAPSE
21. AN ENTITY WITH A LAPSED REGISTRATION MUST REREGISTER WITH THE DEPARTMENT AND MAY NOT
22.
23 (6) A PRODUCT THAT CONTAINS THE SAME KRATOM INGREDIENTS IN THE SAME KRATOM DELIVERY FORM,
24, PACKAGE,, MUST BE INCLUDED IN A SINGLE REGISTRATION.
25 (7) A KRATOM DISTRIBUTOR WHO DISTRIBUTES KRATOM PRODUCTS IN THE STATE SHALL REGISTER WITH
26$400.
27 (8) A KRATOM RETAILER WHO SELLS KRATOM PRODUCTS TO THE PUBLIC IN THE STATE SHALL REGISTER
28$400 FEE. - 2025
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1 (9) THE DEPARTMENT SHALL PUBLISH AND MAINTAIN A KRATOM REGISTRATION PAGE ON ITS OFFICIAL
2
3.
4 (10) KRATOM PRODUCTS THAT ARE PREPARED AND SERVED FRESH BY A FOOD SERVICE ESTABLISHMENT
5[SECTIONS 7] BUT ARE EXEMPT FROM REGISTRATION AND RETAIL PRODUCT
6[SECTION 5(3)].
7 (11) IF THE DEPARTMENT DETERMINES A KRATOM PRODUCT REGISTRATION FAILS TO MEET THE
8, THE KRATOM PROCESSOR MAY SEEK A REVIEW, AND THE DEPARTMENT SHALL
9
10.
11
12 (12) THERE IS A 5% EXCISE TAX ON THE WHOLESALE SELLING PRICE OF ALL KRATOM PRODUCTS. THE TAX
13
14. T
15'[SECTION 7].
16
17
18 NEW SECTION. SECTION 5. ABELING.(1) A KRATOM PRODUCT PRODUCED, MANUFACTURED,
19, OFFERED, SOLD
20:
21 (A)21 YEARS OF AGE OR WHO ARE
22;
23 (B);
24 (C);
25 (D): HESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE UNITED
26 STATES FOOD AND DRUG ADMINISTRATION. THIS PRODUCT IS NOT INTENDED TO DIAGNOSE, TREAT,,
27.";
28 (E); AND - 2025
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1 (F):
2 (I):
3 (A), GUMMIES, PREPACKAGED SINGLE SERVING UNITS,
4, CLEARLY DESCRIBED ON THE LABEL; OR
5
6 (B), LIQUIDS, OR LOOSE POWDERS,
7.
8 (II)24-HOUR PERIOD;
9 (III); AND
10 (IV),
11-TO-EXCEED DECLARATIONS OF THE AMOUNT PER SERVING OF EACH OF THE FOLLOWING:
12 (A); AND
13 (B) 7-.
14 (2) The department shall approve labels for kratom products once by kratom processors. If a
15 kratom processor changes a kratom product, the department shall withdraw approval and the kratom processor
16 must seek reapproval of the kratom product. The department may charge a fee in connection with the
17 reapproval.
18
19 (3) (A) THIS SECTION DOES NOT APPLY TO KRATOM PRODUCTS THAT ARE PREPARED AND SERVED FRESH
20,
21. ENTITIES THAT PREPARE AND SERVE FRESH KRATOM PRODUCTS THAT ARE SERVED
22
23.
24
25 (B) A FOOD SERVICE ESTABLISHMENT UNDER T50, CHAPTER 31, MAY PREPARE AND SERVE FRESH
26[1 THROUGH 7].
27
28 NEW SECTION. SECTION 6. EPARTMENT -- ENFORCEMENT. (1) KRATOM PROCESSORS, - 2025
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1, AND KRATOM RETAILERS ARE PROHIBITED FROM SELLING ANY KRATOM PRODUCT THAT DOES NOT HAVE A
2. A
3. A KRATOM DISTRIBUTOR MAY ONLY SELL KRATOM PRODUCTS TO A KRATOM RETAILER.
4
5 (2) PROCESSORS, DISTRIBUTORS, AND RETAILERS OF KRATOM PRODUCTS ARE SUBJECT TO THE
6:
7 (A)$10,000, DISTRIBUTOR, OR RETAILER FOR THE SALE OF EACH
821;
9 (B)$15,000, DISTRIBUTOR, OR THE RETAILER FOR A SECOND VIOLATION OF
1021 YEARS OF AGE; OR
11 (C)
1221 YEARS OF AGE, THE PROCESSOR, DISTRIBUTOR
132 YEARS.
14 (3) KRATOM PRODUCTS THAT ARE INTENDED FOR HUMAN INGESTION MAY NOT BE SOLD IN THIS STATE TO A
1521.
16
17 (4) A PERSON WHO PURPOSELY OR KNOWINGLY VIOLATES [SECTIONS 1 THROUGH 7] COMMITS A
18, PUNISHABLE AS PROVIDED UNDER TITLE 45.
19
20 (5) A PERSON WHO PURPOSELY OR KNOWINGLY COMMITS A SECOND OR SUBSEQUENT VIOLATION OF
21 [SECTIONS 1 THROUGH 7] WITHIN 1 YEAR AFTER THE INITIAL VIOLATION COMMITS A MISDEMEANOR
22TITLE 45.
23 (6) A REGISTRANT THAT PURPOSELY OR KNOWINGLY MANUFACTURES, DELIVERS, HOLDS, OFFERS FOR
24,, OR SELLS A KRATOM PRODUCT THAT CONTAINS ANY CONTROLLED SUBSTANCE LISTED IN STATE OR
25TITLE 45.
26 (7) A REGISTRANT THAT PURPOSELY OR KNOWINGLY MANUFACTURES, DELIVERS, HOLDS, OFFERS FOR
27,, OR SELLS A KRATOM PRODUCT THAT CONTAINS SYNTHETIC MITRAGYNINE, SYNTHETIC 7-
28,MITRAGYNA SPECIOSA - 2025
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1, PUNISHABLE AS PROVIDED IN T45.
2
3 (8) UPON RECEIPT OF A VIOLATION REPORT ON ANY KRATOM PRODUCT OFFERED FOR SALE, THE
4
5-PARTY LABORATORY SHOWING COMPLIANCE WITH THE
6[17] FOR SAFE KRATOM PRODUCTS. I
7, THE REGISTRATION
8
9.
10
11 (9) IF THE DEPARTMENT HAS A REASONABLE BASIS TO REQUIRE AN INDEPENDENT THIRD-PARTY TEST OF A
12’S CHOICE,
13. IF THE REGISTRANT DOES NOT
1430 DAYS OF RECEIPT OF THE INVOICE FOR THE TESTING,
15
16
17 (10) THE DEPARTMENT MAY SEIZE OR DESTROY ANY KRATOM PRODUCT THAT DOES NOT COMPLY WITH THE
18[SECTIONS 1 THROUGH 7].THE DEPARTMENT MAY ACT ON ANY COMPLAINT AND HAS THE AUTHORITY
19[SECTIONS 1
207].
21 (11) A RETAILER DOES NOT VIOLATE THIS SECTION IF IT IS SHOWN BY A PREPONDERANCE OF THE EVIDENCE
22, PROCESSOR, PACKER,
23.
24 (12) DEPARTMENT PROCEEDINGS UNDER [SECTIONS 17] ARE SUBJECT TO THE MONTANA
25 ADMINISTRATIVE PROCEDURE ACT,TITLE 2, CHAPTER 4.
26
27
28 NEW SECTION. SECTION 7. ULEMAKING -- DEPARTMENT FUND. (1) THE DEPARTMENT SHALL ADOPT - 2025
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1[SECTIONS 1 THROUGH 7].THE RULES MUST PROVIDE FOR:
2
3 (A)
4 (B), KRATOM DISTRIBUTOR, OR KRATOM
5[4];
6 (C)
721 YEARS OF AGE;
8 (D)[SECTION 4], INCLUDING
9, CONTACT INFORMATION, AND CERTIFICATIONS FROM QUALIFIED
10;
11
12 (E)[SECTIONS 17];
13 (F)
14;
15
16 (G)[SECTION 3];
17 (H);
18
19 (I)'S WEBSITE LISTING PRODUCTS AND ENTITIES REGISTERED UNDER [SECTIONS 1
207]; AND
21 (J)[SECTIONS 1 THROUGH 7].
22 (2) (A) THERE IS A DEDICATED KRATOM STATE SPECIAL REVENUE ACCOUNT WITHIN THE STATE SPECIAL
2317-2-102, TO BE ADMINISTERED BY THE DEPARTMENT.
24 (B) T:
25 (I)[SECTIONS 17];
26 (II)[4];
27 (III)[SECTION 4]; AND
28 - 2025
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1 (IV)[1 THROUGH 7].
2 (C) E(2)(D), MONEY IN THE ACCOUNT IS STATUTORILY APPROPRIATED,
317-7-502, TO THE DEPARTMENT AND MAY BE USED ONLY FOR THE PURPOSES OF THIS ADMINISTERING
4 [SECTIONS 1 THROUGH 7].
5
6 (D) A, THE DEPARTMENT SHALL TRANSFER FUNDS IN EXCESS OF A 3-
7
8.
9
10ECTION 8. SECTION 17-7-502,MCA, IS AMENDED TO READ:
11 "17-7-502. (1) A statutory
12 appropriation is an appropriation made by permanent law that authorizes spending by a state agency without
13 the need for a biennial legislative appropriation or budget amendment.
14 (2) Except as provided in subsection (4), to be effective, a statutory appropriation must comply with
15 both of the following provisions:
16 (a) The law containing the statutory authority must be listed in subsection (3).
17 (b) The law or portion of the law making a statutory appropriation must specifically state that a
18 statutory appropriation is made as provided in this section.
19 (3) The following laws are the only laws containing statutory appropriations: 2-17-105; 5-11-120; 5-
20 11-407; 5-13-403; 5-13-404; 7-4-2502; 7-4-2924; 7-32-236; 10-1-108; 10-1-1202; 10-1-1303; 10-2-603; 10-2-
21 807; 10-3-203; 10-3-310; 10-3-312; 10-3-314; 10-3-316; 10-3-802; 10-3-1304; 10-4-304; 10-4-310; 15-1-121;
22 15-1-142; 15-1-143; 15-1-218; 15-1-2302; 15-31-165; 15-31-1004; 15-31-1005; 15-35-108; 15-36-332; 15-37-
23 117; 15-39-110; 15-65-121; 15-70-128; 15-70-131; 15-70-132; 15-70-433; 16-11-119; 16-11-509; [section 7];
24 17-3-106; 17-3-212; 17-3-222; 17-3-241; 17-6-101; 17-6-214; 17-7-133; 17-7-215; 18-11-112; 19-3-319; 19-3-
25 320; 19-6-410; 19-9-702; 19-13-604; 19-17-301; 19-18-512; 19-19-305; 19-19-506; 19-20-604; 19-20-607; 19-
26 21-203; 20-3-369; 20-7-1709; 20-8-107; 20-9-250; 20-9-534; 20-9-622; [ 20-15-328]; 20-26-617; 20-26-1503;
27 22-1-327; 22-3-116; 22-3-117; [ 22-3-1004]; 23-4-105; 23-5-306; 23-5-409; 23-5-612; 23-7-301; 23-7-402; 30-
28 10-1004; 37-43-204; 37-50-209; 37-54-113; 39-71-503; 41-5-2011; 42-2-105; 44-4-1101; 44-4-1506; 44-12- - 2025
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1 213; 44-13-102; 50-1-115; 53-1-109; 53-6-148; 53-9-113; 53-24-108; 53-24-206; 60-5-530; 60-11-115; 61-3-
2 321; 61-3-415; 67-1-309; 69-3-870; 69-4-527; 75-1-1101; 75-5-1108; 75-6-214; 75-11-313; 75-26-308; 76-13-
3 150; 76-13-151; 76-13-417; 76-17-103; 77-1-108; 77-2-362; 80-2-222; 80-4-416; 80-11-518; 80-11-1006; 81-1-
4 112; 81-1-113; 81-2-203; 81-7-106; 81-7-123; 81-10-103; 82-11-161; 85-20-1504; 85-20-1505; [ 85-25-102];
5 87-1-603; 87-5-909; 90-1-115; 90-1-205; 90-1-504; 90-6-331; and 90-9-306.
6 (4) There is a statutory appropriation to pay the principal, interest, premiums, and any costs or fees
7 associated with issuing, paying, securing, redeeming, or defeasing all bonds, notes, or other obligations, as due
8 in the ordinary course or when earlier called for redemption or defeased, that have been authorized and issued
9 pursuant to the laws of Montana. Agencies that have entered into agreements authorized by the laws of
10 Montana to pay the state treasurer, for deposit in accordance with 17-2-101 through 17-2-107, as determined
11 by the state treasurer, an amount sufficient to pay the principal and interest as due on the bonds or notes have
12 statutory appropriation authority for the payments. (In subsection (3): pursuant to sec. 10, Ch. 360, L. 1999, the
13 inclusion of 19-20-604 terminates contingently when the amortization period for the teachers' retirement
14 system's unfunded liability is 10 years or less; pursuant to sec. 73, Ch. 44, L. 2007, the inclusion of 19-6-410
15 terminates contingently upon the death of the last recipient eligible under 19-6-709(2) for the supplemental
16 benefit provided by 19-6-709; pursuant to sec. 5, Ch. 383, L. 2015, the inclusion of 85-25-102 is effective on
17 occurrence of contingency; pursuant to sec. 6, Ch. 423, L. 2015, the inclusion of 22-3-116 and 22-3-117
18 terminates June 30, 2025; pursuant to sec. 4, Ch. 122, L. 2017, the inclusion of 10-3-1304 terminates
19 September 30, 2025; pursuant to sec. 1, Ch. 213, L. 2017, the inclusion of 90-6-331 terminates June 30, 2027;
20 pursuant to sec. 10, Ch. 374, L. 2017, the inclusion of 76-17-103 terminates June 30, 2027; pursuant to secs.
21 11, 12, and 14, Ch. 343, L. 2019, the inclusion of 15-35-108 terminates June 30, 2027; pursuant to sec. 1, Ch.
22 408, L. 2019, the inclusion of 17-7-215 terminates June 30, 2029; pursuant to secs. 1, 2, 3, Ch. 139, L. 2021,
23 the inclusion of 53-9-113 terminates June 30, 2027; pursuant to sec. 8, Ch. 200, L. 2021, the inclusion of 10-4-
24 310 terminates July 1, 2031; pursuant to secs. 3, 4, Ch. 404, L. 2021, the inclusion of 30-10-1004 terminates
25 June 30, 2027; pursuant to sec. 5, Ch. 548, L. 2021, the inclusion of 50-1-115 terminates June 30, 2025;
26 pursuant to secs. 5 and 12, Ch. 563, L. 2021, the inclusion of 22-3-1004 is effective July 1, 2027; pursuant to
27 sec. 1, Ch. 20, L. 2023, sec. 2, Ch. 20, L. 2023, and sec. 3, Ch. 20, L. 2023, the inclusion of 81-1-112, 81-1-
28 113, and 81-7-106 terminates June 30, 2029; pursuant to sec. 9, Ch. 44, L. 2023, the inclusion of 15-1-142 - 2025
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1 terminates December 31, 2025; pursuant to sec. 10, Ch. 47, L. 2023, the inclusion of 15-1-2302 terminates
2 June 30, 2025; pursuant to sec. 2, Ch. 374, L. 2023, the inclusion of 10-3-802 terminates June 30, 2031;
3 pursuant to sec. 12, Ch. 558, L. 2023, the inclusion of 20-9-250 terminates December 31, 2029; pursuant to
4 sec. 4, Ch. 621, L. 2023, the inclusion of 22-1-327 terminates July 1, 2029; pursuant to sec. 24, Ch. 722, L.
5 2023, the inclusion of 17-7-133 terminates June 30, 2027; pursuant to sec. 10, Ch. 758, L. 2023, the inclusion
6 of 44-4-1506 terminates June 30, 2027; and pursuant to sec. 10, Ch. 764, L. 2023, the inclusion of 15-1-143
7 terminates December 31, 2025.)"
8
9 NEW SECTION. SECTION 9. ODIFICATION INSTRUCTION. [SECTIONS 1 THROUGH 7] ARE INTENDED TO BE
10TITLE 16, AND THE PROVISIONS OF T16 APPLY TO [SECTIONS 17].
11
12 NEW SECTION. SECTION 10. FFECTIVE DATE. [THIS ACT]JANUARY 1, 2026.
13 - END -