(a) A person shall not prepare, distribute, sell, possess, or advertise any of the following:
(1) A kratom product that is a conventional food or beverage or labeled as a conventional food or beverage product.
(2) A kratom product that contains any substance that is poisonous, harmful, or injurious to health.
(3) A kratom product that contains a substance other than a non-psychoactive substance necessary for the preparation, processing, or manufacturing of said product.
(4) A kratom extract that contains levels of residual solvents higher than is allowed in the U.S. Pharmacopeia 467.
(5) A kratom product containing any synthetic alkaloids including synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compounds of the kratom plant.
(6) A kratom product that contains a heavy metal that exceeds any of the following limits in parts per million:
(i) Arsenic <2
(ii) Cadmium <0.82
(iii) Lead <1.2
(iv) Mercury <0.4
(7) A kratom product in any form that is combustible or intended to be used for vaporization, aerosolization, or injection.
(8) A kratom product in any form that mimics a candy product or is manufactured, packaged, or advertised in a way that can be reasonably considered to appeal to individuals under twenty-one (21) years.
(9) A kratom product not contained in child-resistant packaging that meets the standards set forth in 16 C.F.R 1700.15(b) when tested in accordance with 16 C.F.R 1700.20. All persons holding valid licenses pursuant to § 21-28.12 shall ensure that kratom and/or any kratom product sold by the licensee and intended for human consumption shall meet requirements related to child-resistant packaging.
(10) A kratom product that contains a concentration ratio that is:
(i) Greater than 150 mg of mitragynine per serving;
(ii) Greater than 0.5 mg 7-hydroxymitragynine per gram; or
(iii) Greater than 1 mg 7-hydroxymitragynine per serving.
(11) A kratom product that contains more than one percent of 7-hydroxymitragynine by percentage of total kratom alkaloids.
(12) Kratom or a kratom product that does not provide clearly visible labeling including, but not limited to:
(i) A recommendation to consult a healthcare professional prior to use;
(ii) A statement that kratom may be habit forming;
(iii) A statement that kratom is not safe for use while pregnant or breastfeeding;
(iv) A warning that the product may result in dangerous medication interactions.
(v) The following statement: “These statements have not been evaluated by the United States Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.”;
(vi) The net quantity of contents declared in numerical count (e.g., thirty (30) capsules), or in volume or weight in United States Customary System terms;
(A) The amount of mitragynine and/or 7-hydroxymitragynine contained in a serving in said kratom product;
(B) A recommended amount of the kratom product per serving; and
(C) A recommended number of servings that can be safely consumed in a twenty-four-hour (24) period.
(vii) The total amount of mitragynine and 7-hydroxymitragynine contained in the kratom product;
(viii) A statement that this product should be stored safely and out of the reach of children;
(ix) The name, physical non-post office box address of the manufacturer.
(b) Kratom and kratom products sold at retail must be sold by a licensed retailer and must be obtained from a licensed manufacturer, importer, or distributor.
(c) All kratom and kratom products that do not comply with subsection (a) of this section shall be deemed contraband.