SB 891 — Kratom products; modifying certain definitions; removing certain packing and labeling requirements. Effective date.

ENGROSSEDAn Act ENROLLED SENATE BILL NO.

Murdock and Prieto of the Senate and Pae of the House 6 An Act relating to kratom products;

2021, SectionSections 1-1432.2,1-1432.2 and 1-1432.4, as amended by SectionSections 1,1 and 2, Chapter 278, O.S.L.

2024, SectionSections 1-1432.2),1-1432.2 whichand relates1-1432.4), towhich definitionsrelate usedto in the Oklahoma Kratom Consumer Protection Act;

modifying and adding definitions;

updatingremoving statutorycertain reference;packaging and labeling requirements;

requiring inclusion of certain statement on labels;

directing vendors to provide test results from independent testing laboratories upon request;

BESUBJECT: IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

Kratom products BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

“Food”"Food" means a food, food product, food ingredient, dietary ingredient, dietary supplement or beverage for human consumption;

“Kratom"Independent leaf”testing laboratory" means thea leaflaboratory ofthat: the kratom plant, Mitragyna speciosa, in fresh or dehydrated or dried form that undergoes no post-harvest processing other than drying or size reduction by cutting, milling, or similar procedure, and may be cleaned or ENGR.

S.a.

B.does not have a direct or indirect interest in the entity whose product is being tested, b.

NO.does not have a direct or indirect interest in a facility that processes, distributes, dispenses, or sells kratom products in this state or in another jurisdiction, and c.

891is Pagenationally 1accredited sterilizedby usingan standardaccrediting treatmentsbody applied to food ingredients, such as heat,defined steam,by pressurization,Section or150.37 irradiationof orTitle other74 standardof treatmentsthe appliedOklahoma toStatutes; food ingredients.

The2. total alkaloid content of kratom leaf material used in the kratom product shall not exceed three and one-half percent (3.5%) measured on a dried weight- to-weight basis;

“Kratom"Kratom leafleaf" extract” means the materialleaf obtainedof the kratom plant, Mitragyna speciosa, in fresh or dehydrated or dried form that undergoes no post-harvest processing other than drying or size reduction by extractingcutting, kratommilling, or similar procedure, and may be cleaned or sterilized using astandard solventtreatments consistingapplied of:to food ingredients, such as heat, steam, pressurization, or irradiation or other standard treatments applied to food ingredients.

The total alkaloid content of kratom leaf material used in the kratom product shall not exceed three and one-half percent (3.5%) measured on a dried weight-to-weight basis;

3.

4.

"Kratom leaf extract" means the material obtained by extracting kratom using a solvent consisting of:

“Kratom5. product” means a food or dietary supplement that consists of or contains kratom leaf or kratom leaf extract that does not contain any synthesized kratom alkaloids, other synthesized kratom constituents, or synthesized metabolites of any kratom constituent in which the level of 7-hydroxymitragynine, on a percent weight basis, is not greater than one percent (1%) of the amount of total kratom alkaloids, as confirmed with a high-performance liquid ENGR.

"Kratom product" means a food or dietary supplement that consists of or contains kratom leaf or kratom leaf extract that does not contain any synthesized kratom alkaloids, other synthesized kratom constituents, or synthesized metabolites of any kratom constituent in which the level of 7-hydroxymitragynine, on a percent weight basis, is not greater than one percent (1%) of the amount of ENR.

891 Page 2 total kratom alkaloids, as confirmed with a high-performance liquid chromatography testing method.

For purposes of this paragraph, “synthesized”"synthesized" refers to substances produced using directed synthetic or biosynthetic chemistry, as opposed to traditional food preparation techniques such as heating or extracting;

“Total6. kratom alkaloids” means the sum of mitragynine, speciociliatine, speciogynine, paynantheine, and 7- hydroxymitragynine;

"Total kratom alkaloids" means the sum of mitragynine, speciociliatine, speciogynine, paynantheine, and 7- hydroxymitragynine;

“Vendor”7. means a person or entity that sells, prepares or maintains kratom products or that advertises, represents or holds himself, herself, or itself out as selling, preparing or maintaining kratom products and includes a manufacturer, wholesaler, store, restaurant, hotel, catering facility, camp, bakery, delicatessen, supermarket, grocery store, convenience store, nursing home or food or drink company.

"Vendor" means a person or entity that sells, prepares or maintains kratom products or that advertises, represents, or holds himself, herself, or itself out as selling, preparing or maintaining kratom products and includes a manufacturer, wholesaler, store, restaurant, hotel, catering facility, camp, bakery, delicatessen, supermarket, grocery store, convenience store, nursing home, or food or drink company.

AMENDATORY 63 O.S.

2021, Section 1-1432.4, as amended by Section 2, Chapter 278, O.S.L.

2024 (63 O.S.

Supp.

2024, Section 1-1432.4), is amended to read as follows:

Section 1-1432.4.

A.

A vendor shall not prepare, distribute, sell, or expose for sale any of the following:

1.

A kratom product that does not meet the definition for a kratom product pursuant to Section 1-1432.2 of this title;