SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2084
As Amended by House Committee on Federal
and State Affairs

Brief*
HB 2084, as amended, would enact the Kratom
Consumer Protection Act (KCPA), which would permit the
Secretary of Agriculture to implement a fine on processors
and retailers that sell, prepare, manufacture, distribute, or
advertise kratom products that are adulterated with
dangerous non-kratom substances.

Definitions
The bill would define various terms to be used in the
KCPA. Among the definitions in the bill:
● “Food” would mean a food product, food ingredient,
dietary ingredient, dietary supplement, or beverage
for human consumption;
● “Kratom extract” would mean a food product or
dietary ingredient containing any part of the leaf of
the plant Mitragyna speciosa that has been
extracted or concentrated in order to provide more
standardized product content;
● “Kratom product” would mean a food product or
dietary ingredient containing any part of the leaf of
the plant Mitragyna speciosa or an extract of the
plant that is manufactured as a powder, capsule,
tablet, beverage, or other edible form;
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 ● “Processor” would mean a person who sells,
prepares, manufactures, distributes, or maintains
kratom products, or advertises, represents or holds
itself out as selling, preparing, or maintaining
kratom products;
● “Retailer” would mean any person who sells,
distributes, advertises, represents, or holds itself
out as selling or maintaining kratom products; and
● “Secretary” would mean the Secretary of
Agriculture.
Prohibited Actions
The bill would prohibit a processor from preparing,
distributing, selling, or exposing for sale a kratom product if
such product:
● Was mixed or packed with a non-kratom substance
and that substance affects the quality or strength of
the kratom product to such a degree as to render
the kratom product injurious to a consumer;
● Contains a poisonous or otherwise deleterious
non-kratom ingredient, including, but not limited to,
the substances and analogs of such listed in the
Kansas Controlled Substances Act;
● Contains levels of residual solvents higher than is
allowed in U.S. Pharmacopeia Chapter 467;
● Contains a level of 7-hydroxymitragynine in the
alkaloid fraction that is greater than 1.0 percent of
the overall alkaloid composition of such product; or
● Contains any synthetic alkaloids, including
synthetic mitragynine, synthetic
7-hydroxymitragynine, or any other synthetically
derived compounds of the kratom plant.
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 The bill would require kratom products be labeled with
the following information:
● Direction necessary for safe use by consumers,
including a recommended serving size;
● The name and address of the manufacturer; and
● The following text:
○ WARNING: The U.S. Food and Drug
Administration has not approved kratom for
medical use. If you are pregnant and nursing
a baby, seek the advice of a health care
professional before using this product.
The bill would also prohibit the sale of such products to
a consumer less than 21 years of age.

Penalties
The bill would authorize the Secretary to impose a fine
for first offense in an amount not to exceed $1,000 for
violating the KCPA, and a fine up to $2,000 for second or
subsequent violations. The bill would require a hearing be
conducted upon the request of a person to whom an
administrative fine is issued, in accordance with the Kansas
Administrative Procedure Act.
The bill would specify a retailer would not be in violation
of the KCPA if it were shown by a preponderance of the
evidence that the retailer relied in good faith upon the
representations of a manufacturer, processor, packer, or
distributor of food represented to be a kratom product.

Rules and Regulations
The bill would require the Secretary to adopt rules and
regulations to administer the KCPA.

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Background
The bill was introduced by the House Committee on
Federal and State Affairs at the request of Representative W.
Carpenter.

House Committee on Federal and State Affairs
In the House Committee hearing on February 1, 2023,
proponent testimony was provided by a representative of the
American Kratom Association. The proponent indicated the
bill would protect Kansas kratom users from adulterated
kratom products.
Written-only neutral testimony was provided by a
representative of the Kansas Department of Agriculture
(KDA), requesting the committee use caution in passing HB
2084, as kratom is not currently FDA-approved for human
consumption.
On February 14, 2023, the House Committee amended
the bill to:
● Raise the minimum age of consumption from 18
years of age to 21; and
● Require each kratom product include a warning
label.


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Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the KDA indicates that
the bill would generate $105,000 of revenue in FY 2024 and
$82,500 of revenue in all subsequent fiscal years, noting the
FY 2024 figure includes licensing fees. The KDA estimates
that the cost of implementing the bill would cost $160,000 per
year, including $140,000 per year for product testing and
$20,000 per year for administration and overhead.
The Kansas Bureau of Investigation (KBI) indicates
enactment of the bill would not have a fiscal effect on the
agency.
Any fiscal effect associated with HB 2084 is not reflected
in The FY 2024 Governor’s Budget Report.
Kratom; kratom consumer protection act; fines


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