HCS/HB 1037 - This act creates the "Kratom Consumer Protection Act". Any dealer, as such term is defined in the act, preparing, distributing, selling, or exposing for sale kratom shall disclose the factual basis on which that representation is made. Such dealer shall not prepare, distribute, sell, or expose for sale kratom: (1) adulterated with a dangerous non-kratom substance, including a substance that affects the quality or strength of the kratom so as to render the product injurious to a consumer; (2) contaminated with a dangerous non-kratom substance, including a substance that is poisonous or otherwise deleterious; (3) containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2% of the alkaloid composition of the product; (4) containing fully any synthetic alkaloids; or (5) does not include on its package or label the amount of mitragynine and 7-hydroxymitragynine contained in the product. A dealer shall not distribute, sell, or expose for sale a kratom product to an individual under 21 years of age. A dealer who violates certain labeling provisions of this act may be assessed a fine as specified in the act and a dealer who violates other provisions, including sales to minors and sales of contaminated or adulterated kratom products, shall be guilty of a Class D misdemeanor. Such dealer may also be subject to a civil cause of action by any aggrieved person for damages incurred. This act is identical to provisions in HCS/SB 189 (2025) and similar to SB 504 (2023), SS/HB 1667 (2022), provisions in CCS/HCS/SS/SB 690 (2022), SB 774 (2022), HCS/HB 350 (2021), HB 2061 (2020), provisions in HCS/SS/SB 580 (2020), and HCS/SCS/SB 662 (2020). SARAH HASKINS
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