Bill Caption

Relating to the processing and sale of kratom and kratom products; providing civil penalties. 

Fiscal Notes

No significant fiscal implication to the State is anticipated. 

Bill Analysis

HB 1097 would require processors of the legal herbal supplement kratom to label each kratom product with the product use directions necessary to ensure safe and effective use of the product. Kratom retailors would be prevented from selling kratom products that are not labeled properly.

HB 1097 would prohibit kratom processors or retailers from preparing, distributing, selling, or offering to sell a kratom product that is adulterated with a dangerous non-kratom substance affecting the quality of the product, is contaminated with a poisonous or otherwise deleterious non-kratom substance, has a level of 7-hydroxymitragynine in the alkaloid fracture that is greater than two-percent, or contains any synthetic alkaloids. The sale of kratoms to a person younger than the age of 18 years old would constitute a Class C misdemeanor.

HB 1097 would establish a civil penalty for a person who violates this bill of $250 for the first, $500 for the second, and $1,000 for each subsequent violation. Each day the violation continues or occurs is a separate violation. A kratom retailor is not liable if it proves by a preponderance of evidence that the violation was unintentional and due to the retailer's good faith reliance on the representation of another kratom processor.

Vote Recommendation Notes

Kratom is a controversial but legal herbal supplement that is used by some to treat chronic pain, assist as an additional treatment for opioids, and as a diet supplement. According to news reports there have been a number of kratom related deaths in recent years, most of which appear to have been the result of mixing kratom with other substances.

Generally we oppose new regulations on private industry, however we recognize that the state has a legitimate interest in imposing basic minimum safety guidelines for commercial products intended for human consumption. This bill appears to set reasonable standards that do not constitute overregulation, therefore Texas Action remains neutral on HB 1097.