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. 1418 BY STATE 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, associa-33 tion, governmental subdivision or agency, or public or private organization34 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 or distributor does not violate this chapter if it45 is shown by a preponderance of the evidence that the retailer or distributor,46 in good faith, relied on the representation of a kratom processor that the47 product was a kratom product 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. (1) No person shall sell, deliver, or give5 away kratom or cause or permit kratom to be sold, delivered, or given away to6 any person under twenty-one (21) 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) It shall be an affirmative defense for a kratom retailer that re-14 quested, examined, and reasonably relied on identification establish-15 ing age pursuant to this section provided to the retailer by a person in-16 tending 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 or a QR code that informs the purchaser that the prod-42 uct:43 (a) Contains kratom;44 (b) Has not been evaluated by the U.S. food and drug administration, and45 is not intended to diagnose, treat, cure, or prevent any disease;46 (c) Is not for sale to persons under twenty-one (21) years of age; and47

4 (d) Should be kept out of reach from children.1 37-3108. ENFORCEMENT AND PENALTIES. (1) A person that knowingly vio-2 lates this chapter is subject to a civil penalty not to exceed:3 (a) One thousand dollars ($1,000) for a first violation; and4 (b) Two thousand five hundred dollars ($2,500) for each subsequent vio-5 lation.6 (2) Each batch or individually packaged product sold in violation of7 this chapter constitutes a separate offense.8 (3) The department and the Idaho state police shall jointly enforce and9 administer the provisions of this chapter to ensure compliance therewith.10 The department and state police shall have the authority to enter property11 where kratom is processed, produced, sold, stored, or handled for the pur-12 pose of inspections, sample collection, testing, or investigation to ensure13 compliance with the provisions of this chapter and rules that may be promul-14 gated pursuant thereto. Such inspections may be random and unannounced but15 shall be conducted during the establishment's standard business hours.16 (4) The attorney general or a county prosecuting attorney in which the17 alleged violation occurred shall bring a civil action to enforce this chap-18 ter.19 (a) A political subdivision of the state may request the office of the20 attorney general and the county prosecuting attorney to bring a civil21 action to enforce this chapter.22 (b) A private cause of action is prohibited, unless such action is23 brought pursuant to chapter 6, title 48, Idaho Code, or laws related24 to consumer protection or product liability. Nothing in this chapter25 shall be construed to limit civil remedies that may be available pur-26 suant to law.27 (5) Any adulterated kratom product may be seized and destroyed pursuant28 to court order.29 (6) Any retailer violating this chapter for a third or subsequent time30 within a two (2) year period may be subject to an injunction. The department31 or the prosecuting attorney may petition the district court for an injunc-32 tion to prohibit the sale of kratom products in the establishment where the33 violation occurred.34 (a) If a court finds that the retailer in the action has violated the35 provisions of this chapter for a third or subsequent time within a two36 (2) year period and may continue to violate this chapter, it may grant an37 injunction prohibiting the retailer from selling kratom products in the38 establishment where the violation occurred for a period of not more than39 one hundred eighty (180) days.40 (b) For the purposes of this subsection, multiple violations occurring41 before the petition for the injunction is filed shall be deemed part of42 the violation for which the injunction is sought.43 (c) If the person against whom the injunction is sought operates multi-44 ple geographically separate establishments, the injunction shall apply45 only to the establishment where the violation occurred.46 (d) The injunction shall prohibit all sales of kratom products in the47 establishment where the violation occurred, regardless of any change in48

5 ownership or management of the establishment that is not a bona fide,1 arms-length transaction while the injunction is in effect.2 (7) Notwithstanding the provisions of this chapter, no fine for a vi-3 olation of this chapter shall be imposed for a first offense in any twenty-4 four (24) month period if the retailer can show it has:5 (a) Adopted and enforced a written policy against selling kratom prod-6 ucts to persons under twenty-one (21) years of age;7 (b) Informed its employees of the applicable laws regarding the sale of8 kratom products to persons under twenty-one (21) years of age;9 (c) Required employees to verify the age of kratom product customers by10 way of photographic identification or by means of electronic transac-11 tion scan device; and12 (d) Established and imposed disciplinary sanctions for noncompliance.13 (8) All civil penalties collected pursuant to this chapter shall be14 distributed equally between the department and the Idaho state police.15 (a) The civil penalties collected pursuant to this chapter shall be re-16 mitted to the state treasurer for deposit into the agriculture depart-17 ment inspection fund established in section 22-104, Idaho Code, and the18 Idaho law enforcement fund established in section 67-2914, Idaho Code.19 (b) Moneys collected and deposited pursuant to this section shall be20 used by the department and Idaho state police for employee compensa-21 tion, enforcement, training, investigation, and laboratory testing22 related to the provisions of this chapter.23 (c) Moneys deposited into the funds pursuant to this chapter shall re-24 main in such funds until such time as they may be appropriated by the25 legislature to be expended by the department and Idaho state police for26 the purposes provided by this chapter.27 37-3109. RULEMAKING AUTHORITY. The department may adopt only mini-28 mal rules, subject to legislative approval, necessary to define acceptable29 contaminant limits and testing standards. No rule may impose any licensing30 requirement, registration requirement, fee, or regulatory burden not ex-31 pressly authorized in this chapter.32

SECTION 2. An emergency existing therefor, which emergency is hereby33 declared to exist, this act shall be in full force and effect on and after34 July 1, 2026.35