Proposal would restrict kratom sales and require safety warnings

Processors and retailers would have to follow product safety rules. Kratom packages would need ingredients, serving directions, and health warnings. The rules would cover kratom products meant for people to consume. Processors would keep certification that their operations meet applicable federal standards and provide it to the Idaho Department of Agriculture on request. Products could not contain synthetic ingredients, harmful contamination, or controlled substances. Other lawful ingredients could be included. Products could not contain added or artificially increased 7-OH, a chemical found in kratom. Its amount could not exceed 2% of total alkaloids, the plant's chemical compounds, or one milligram per serving. Processors and retailers could not falsely present synthetic products as kratom, mislabel chemical content, or intentionally misrepresent it. Retailers and distributors could avoid liability for product claims they relied on in good faith. They would also be protected from penalties caused solely by inaccurate or fraudulent processor certifications. If enacted, these requirements would apply on and after January 1, 2027.

No one could sell, deliver, or give kratom to anyone under 21, or allow others to do so. The restriction would cover sales and free transfers. Accepted identification would include government photo identification showing a birth date or a valid passport. Knowingly lying about age to obtain kratom would be a misdemeanor, a criminal offense. Retailers could defend against an age violation if they requested, examined, and reasonably relied on accepted identification. Failing to request and examine identification before a sale would establish a retailer's violation. If enacted, these age rules would apply on and after January 1, 2027.

The Idaho Department of Agriculture and Idaho State Police would enforce the rules. The attorney general or local county prosecutor would bring civil enforcement cases. Knowing violations would carry fines up to $1,000 for a first violation and $2,500 for later violations. Each batch or individually packaged product sold in violation would count separately. Inspections could be unannounced during normal business hours. A retailer would avoid a fine for its first offense in any 24-month period if it enforced a written policy against sales to people under 21, informed employees of the law, required photo identification or electronic age checks, and disciplined failures. Courts could order prohibited products seized and destroyed. A retailer with at least three violations within two years could face a sales ban of up to 180 days at the violating location if the court found it might continue violating the rules. For a sales ban, multiple violations before the court request would count together. The ban would continue through ownership or management changes unless the business underwent a genuine sale between independent parties. Private lawsuits under this chapter would be barred, except under consumer protection or product liability laws. Other available civil remedies would remain. If enacted, these enforcement rules would apply on and after January 1, 2027.

Local governments could not impose different or stricter rules on natural kratom products. The local restriction would cover natural kratom products. Existing and future local requirements that differed from or added to these statewide rules would be unenforceable. The Idaho Department of Agriculture could adopt only minimal rules needed to define acceptable contaminant limits and testing standards, with legislative approval. Those rules could not impose licensing, registration, fees, or other burdens that the chapter did not expressly allow. If enacted, these limits would apply on and after January 1, 2027.