Kratom businesses would face product limits, labeling, and testing requirements

People would be barred from making, processing, distributing, selling, or offering the prohibited kratom products in person or online. The rules would cover consumable products containing kratom leaf or extract. These products would not count as food under Michigan's food law. The limit on 7-hydroxymitragynine would be 2% of the product's total alkaloids, a group of chemical compounds. The ban would cover ingredients made through chemical or biological synthesis that synthetically alter kratom compounds, rather than traditional preparation such as heating or extraction. Products would need to list their amounts of mitragynine and 7-hydroxymitragynine on the package or label. The solvent ban would apply when residue exceeds United States Pharmacopeia 467 limits and the extract was not made using food-grade solvents approved by the Food and Drug Administration.

Sellers would have to put clear, easy-to-see warnings and use instructions on kratom products. The duty would apply to anyone selling a kratom product. The under-21 warning would not itself ban sales to that age group. Warnings would advise against use by people under 21, pregnant people, and people who are breastfeeding. They would also warn that use may be habit forming. Labels would say the Food and Drug Administration has not evaluated the statements and that the product is not intended to diagnose, treat, cure, or prevent disease. Directions would give serving size, recommended servings in 24 hours, servings per container, ingredients, and maximum amounts per serving of mitragynine and 7-hydroxymitragynine. Beverages, liquids, and loose powders would need clear instructions or a package mark showing the recommended serving size.

Manufacturers and processors would have to arrange independent laboratory testing and keep certificates showing that their products meet the rules. These duties would apply to people who manufacture or process kratom products. Testing would have to use an independent laboratory accredited under the stated international laboratory standard. The laboratory would issue a certificate of analysis, a document confirming compliance, if the product meets the act's requirements. Testing would be required before distribution, sale, or an offer to distribute or sell. Certificates would be kept for 10 years and provided within 30 days of a law enforcement officer's request.

People who violate the labeling, product, or testing rules could be ordered to pay civil fines. Fines would apply to violations of the labeling, product, and testing requirements in sections 5, 7, and 9. The county prosecutor where the violation occurred or Michigan attorney general could bring a court action to collect the fine. Collected fines would be used only to support public libraries and county law libraries.