Adds to existing law to establish the Idaho Kratom Consumer Protection and Safety Act.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1282 BY AGRICULTURAL AFFAIRS COMMITTEE AN ACT1 RELATING TO KRATOM; AMENDING TITLE 37, IDAHO CODE, BY THE ADDITION OF A NEW2 CHAPTER 31, TITLE 37, IDAHO CODE, TO ESTABLISH THE KRATOM CONSUMER PRO-3 TECTION AND SAFETY ACT; AND DECLARING AN EMERGENCY AND PROVIDING AN EF-4 FECTIVE DATE.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. That Title 37, Idaho Code, be, and the same is hereby amended7 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-8 ter 31, Title 37, Idaho Code, and to read as follows:9 CHAPTER 3110 Kratom Consumer Protection and Safety11 37-3101. SHORT TITLE. This chapter shall be known and may be cited as12 the "Idaho Kratom Consumer Protection and Safety Act."13 37-3102. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature finds14 that:15 (a) Kratom is legally sold in Idaho and used by adults for a variety of16 personal purposes;17 (b) Public health risks arise primarily from adulterated or chemically18 enhanced kratom products, particularly those containing artificially19 elevated levels of 7-hydroxymitragynine (7-OH); and20 (c) Kratom's natural alkaloid profile contains only trace amounts of21 7-OH, while potentially dangerous products often include synthetic or22 spiked levels of 7-OH.23 (2) It is the intent of the legislature:24 (a) To preserve adult access to natural kratom while preventing the25 sale of unsafe, adulterated, or synthetic products;26 (b) That regulation of natural kratom products be limited, minimal, and27 fiscally neutral, and not include the imposition of licensing fees nor28 registration requirements; and29 (c) To occupy the whole field of regulation regarding natural kratom30 products such that no political subdivision of the state shall adopt31 or enact any standard or other requirement that is inconsistent with,32 varies from, exceeds, or imposes additional burdens than the provisions33 of this chapter. Any such standard or requirement that now exists, or34 that may hereinafter exist, is hereby declared to be unenforceable.35 37-3103. DEFINITIONS. As used in this chapter:36 (1) "Adulterated kratom product" means a kratom product that:37 (a) Contains any synthesized material, semisynthetic alkaloid, or syn-38 thetic kratom-like compound;39

2 (b) Contains added or artificially increased 7-hydroxymitragynine1 (7-OH);2 (c) Contains 7-OH that exceeds two percent (2%) of its total alkaloid3 content;4 (d) Contains more than one (1) milligram per serving of 7-OH;5 (e) Contains heavy metals exceeding applicable federal limits;6 (f) Contains microbial contamination, mold, salmonella, E. coli, or7 other harmful adulterants; or8 (g) Contains any controlled substance listed under chapter 27, title9 37, Idaho Code.10 (2) "Alkaloid" means a compound found in the mitragyna speciosa leaf,11 including but not limited to mitragynine, paynantheine, speciociliatine, or12 speciogynine.13 (3) "Department" means the Idaho department of agriculture.14 (4) "Kratom" means the mitragyna speciosa plant or any part of that15 plant.16 (5) "Kratom distributor" means a person that sells, transports,17 stores, or wholesales a finished kratom product that the person did not manu-18 facture, process, extract, alter, repackage, or relabel.19 (6) "Kratom extract" means a substance or compound obtained by extrac-20 tion from the mitragyna speciosa leaf that contains kratom alkaloids and21 that does not contain any controlled substances or levels of residual sol-22 vents higher than is allowed in the U.S. pharmacopoeia (USP) 467.23 (7) "Kratom product" means a finished product containing kratom or24 kratom extract that is intended for human consumption that contains any part25 of the mitragyna speciosa plant in any form.26 (8) "Kratom processor" means a person that:27 (a) Manufactures, distributes, or warehouses a kratom product; or28 (b) Advertises, represents, or holds itself out as manufacturing, dis-29 tributing, or warehousing a kratom product.30 (9) "Kratom retailer" means a person that sells or advertises itself as31 selling kratom products directly to consumers for human consumption.32 (10) "Person" means any individual, partnership, corporation, associ-33 ation, governmental subdivision or agency, or public or private organiza-34 tion or entity of any character.35 37-3104. PROHIBITED CONDUCT. (1) A kratom processor or retailer shall36 not:37 (a) Sell, prepare, or distribute an adulterated kratom product;38 (b) Add, introduce, or apply any substance intended to increase the39 concentration or potency of 7-OH in a kratom product;40 (c) Sell a synthetic product falsely represented as a kratom product;41 and42 (d) Mislabel or intentionally misrepresent the alkaloid content of a43 kratom product.44 (2) A kratom retailer does not violate this chapter if it is shown by a45 preponderance of the evidence that the retailer, in good faith, relied on the46 representation of a kratom processor that the product was a kratom product47 and not an adulterated kratom product.48

3 (3) This chapter shall not be construed to prohibit the production or1 sale of kratom products that include other substances, such as vitamins,2 minerals, botanicals, concentrates, metabolites, extracts, or combinations3 thereof, that are not otherwise prohibited by law.4 37-3105. AGE RESTRICTION. No person shall sell, deliver, or give away5 kratom or cause or permit kratom to be sold, delivered, or given away to any6 person under eighteen (18) years of age.7 (2) Proof of age shall be a validly issued state, district, territo-8 rial, possession, provincial, national, or other equivalent government9 driver's license, identification card, or military identification card10 bearing a photograph and date of birth, or a valid passport.11 (3) Any person who knowingly misrepresents age for the purpose of ob-12 taining kratom shall be guilty of a misdemeanor.13 (4)(a) An affirmative defense shall be available for a kratom retailer14 that requested, examined, and reasonably relied on identification es-15 tablishing age pursuant to this section provided to the retailer by a16 person intending to purchase a kratom product.17 (b) A kratom retailer's failure to request and examine identification18 from a person intending to purchase a kratom product prior to the sale19 of such product to such person shall be construed against the retailer20 and shall form a conclusive basis for the retailer's violation of this21 section.22 37-3106. TESTING REQUIREMENTS. (1) A kratom processor shall keep, and23 make available upon request by the department, a certification that the pro-24 cessor's operations are consistent with applicable federal regulations and25 guidelines, including:26 (a) 21 CFR 111 and 117;27 (b) Requirements related to the processor establishing limits and con-28 trols for contaminants reasonably likely to occur; and29 (c) Other such requirements that apply to kratom products made avail-30 able pursuant to the provisions of this chapter for facilities that man-31 ufacture, process, pack, or store a kratom product that is being offered32 for sale in the state of Idaho.33 (2) A kratom retailer or distributor may rely, in good faith, on the34 kratom processor's certification and shall not be subject to penalty for35 violations resulting solely from inaccurate or fraudulent information pro-36 vided by a kratom processor.37 37-3107. LABELING REQUIREMENTS. A kratom product offered for sale in38 Idaho shall include on its package:39 (1) The name and business address of the processor or retailer;40 (2) A batch number; and41 (3) A statement that the product:42 (a) Contains kratom;43 (b) Has not been evaluated by the U.S. food and drug administration, and44 is not intended to diagnose, treat, cure, or prevent any disease; and45 (c) Is not for sale to persons under eighteen (18) years of age.46

4 37-3108. ENFORCEMENT AND PENALTIES. (1) A person that knowingly vio-1 lates this chapter is subject to a civil penalty not to exceed:2 (a) One thousand dollars ($1,000) for a first violation; and3 (b) Two thousand five hundred dollars ($2,500) for each subsequent vio-4 lation.5 (2) Each batch or individually packaged product sold in violation con-6 stitutes a separate offense.7 (3) The attorney general or a county prosecuting attorney in which the8 alleged violation occurred shall bring a civil action to enforce this chap-9 ter.10 (a) A political subdivision of the state may request the office of the11 attorney general and the county prosecuting attorney to bring a civil12 action to enforce this chapter.13 (b) A private cause of action is prohibited.14 (4) Any adulterated kratom product may be seized and destroyed pursuant15 to court order.16 37-3109. RULEMAKING AUTHORITY. The department may adopt only mini-17 mal rules, subject to legislative approval, necessary to define acceptable18 contaminant limits and testing standards. No rule may impose any licensing19 requirement, registration requirement, fee, or regulatory burden not ex-20 pressly authorized in this chapter.21

SECTION 2. An emergency existing therefor, which emergency is hereby22 declared to exist, this act shall be in full force and effect on and after23 July 1, 2026.24