HB5242 104TH GENERAL ASSEMBLY

LRB104 18064 BDA 31503 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5242

Introduced 2/10/2026, by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:

New Act

Creates the Illinois Kratom Consumer Protection Act. Regulates the manufacture, processing, packaging, labeling, and retail sale of kratom products. Requires registration with the Department of Public Health and compliance with federal food safety laws. Sets standards for finished kratom products, including permitted delivery forms, age restrictions, packaging requirements, and warnings on labels. Requires certificates of analysis for each batch from accredited laboratories and mandates product liability insurance. Prohibits products attractive to children and mixing kratom with psychoactive substances. Provides reporting requirements for adverse health events and authorizes independent testing by the Department. Establishes enforcement provisions, including stop-sale orders, detention and destruction of products, civil penalties, and criminal offenses. Grants rulemaking authority to the Department.

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Illinois Kratom Consumer Protection Act.

Section 5. Definitions. In this Act:

"Attractive to children" means a product manufactured:

(1) in a shape that resembles a human, a cartoon character, or an animal; or

(2) in a form that resembles an existing candy product that is a widely distributed, branded food item.

"Department" means the Department of Public Health.

"Finished kratom product" means a kratom product that is ready for sale to the end user. For purposes of registration, a finished kratom product is differentiated by its ingredients, not by its weight, volume, or size.

"Kratom" means the plant or any part of the plant Mitragyna speciosa in any form.

"Kratom beverage" means a prepackaged liquid kratom product in the form of tea, seltzer or tonic water, or tincture.

"Kratom product" means a food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption that contains any part of the leaf of the plant Mitragyna speciosa or an extract, synthetic alkaloid, or synthetically derived compound of such plant and is manufactured as a powder, capsule, pill, beverage, or other consumable edible form.

"Processor" means an entity that:

(1) refines kratom into input ingredients for the purpose of manufacturing a finished kratom product;

(2) manufactures finished kratom products; or

(3) packages finished kratom products for resale.

Section 10. Finished kratom product retail sale requirements. A finished kratom product sold to consumers at a retail establishment, including a food service establishment, convenience store, or kava or kratom bar, must:

(1) be in one of the following delivery forms:

(A) a dried leaf;

(B) a kratom beverage;

(C) a powder;

(D) a pill;

(E) a liquid dietary supplement;

(F) a gummy or food that is not attractive to children; or

(G) a capsule;

(2) have a certificate of analysis submitted to the Department as required by this Act;

(3) be registered with the Department under this Act;

(4) include directions for consumption on the product label, including:

(A) the maximum dosage of 100 milligrams of kratom alkaloids per serving;

(B) the number of servings per package;

(C) a warning advising consumers of the number of servings that may be safely consumed in a 24-hour period;

(D) a warning advising against use by individuals who are pregnant or breastfeeding;

(E) a warning advising the consumer to consult a health care professional before use, that the product may be habit-forming, and that it may cause adverse health effects;

(F) a warning stating: "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.";

(G) the expiration date; and

(H) the name and place of business of the registrant;

(5) comply with packaging and labeling requirements set forth in this Act and rules adopted under it;

(6) not be attractive to children;

(7) be in a container that:

(A) is suitable to contain products for human consumption;

(B) complies with the United States Poison Prevention Packaging Act of 1970; or

(C) contains a graduated measuring device, if applicable;

(8) not be adulterated, including containing metals, pesticides, or pathogens in excess of limits set by this Act or Department rule;

(9) only be sold in establishments that restrict entry to persons 21 years of age or older and require age verification; and

(10) not be served in a form that combines or mixes finished kratom products with psychoactive substances that impact the central nervous system, including alcohol, caffeine, kava, cannabinoids, or nicotine.

Section 15. Permit and registration requirements for processors.

(a) Kratom products may be manufactured or distributed in Illinois only by a processor that holds a permit to operate as a food service establishment.

(b) A processor must be registered with the United States Food and Drug Administration and comply with Current Good Manufacturing Practices under 21 CFR Part 210.

(c) A processor must maintain product liability insurance with an occurrence limit of $3,000,000.

(d) For each batch of a registered finished kratom product, the processor shall retain and submit, upon request, a certificate of analysis from an accredited laboratory. The certificate must demonstrate compliance with statutory and rule limits for alkaloids, residual solvents, heavy metals, and pesticides.

(e) A finished kratom product served by a kratom food service establishment must comply with this Act; however, a separate registration is not required when a kratom beverage is combined with another food or beverage for on-premises consumption. Serving kratom beverages combined with alcohol, drugs, or other kratom products is prohibited.

Section 20. Reporting and testing.

(a) If a processor or the Department receives notice of an adverse health event suspected to be related to a kratom product, the processor or the Department must submit an adverse event report under 21 U.S.C. 379aa-1(b)(1) to the United States Food and Drug Administration.

(b) If probable cause exists that a kratom product may be adulterated, the Department may require an independent third-party test by a laboratory of the Department's choice, and the processor must pay the cost of the test.

Section 25. Violations; enforcement.

(a) A violation of Section 15 is a Class C misdemeanor.

(b) A processor that manufactures, delivers, offers for sale, distributes, or sells a finished kratom product that violates paragraph (2) or (3) of Section 10 commits a Class C misdemeanor.

(c) A kratom product possessed, manufactured, delivered, offered for sale, distributed, or sold in violation of this Act by an entity regulated under this Act is subject to detention and destruction of the product or related processing equipment and to an immediate stop-sale order. The entity is subject to a civil penalty of $1,000 or an administrative fine as provided by Department rule. The Department may not authorize removal or use of finished kratom products subject to a stop-sale order, except for disposal, if the products are attractive to children, until the products comply with this Act.

(d) The State's Attorney of the county where the violation occurred or the Attorney General may bring an action to recover civil penalties and obtain relief under this Act. This Section does not limit any damages or relief available under common law or statute.

Section 30. Rules. The Department shall adopt rules to implement and administer this Act.