Public health: kratom.

Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the manufacturing, processing, labeling, advertising, and sale of food, drugs, and cosmetics, under the administration and enforcement of the State Department of Public Health (department) and in accordance with the Federal Food, Drug, and Cosmetic Act. A violation of the act is a crime. This bill would add kratom products, as defined, to the Sherman Food, Drug, and Cosmetic Law and require processors of kratom products to register with the department. The bill would authorize the department to establish an annual fee for processors and would authorize the fee to be based on certain criteria, including annual sales in California. The bill would prescribe specified quantities of alkaloids present in kratom products and would establish labeling and packaging requirements. The bill would require that kratom products be registered with the department annually, which would include certification by a laboratory specifying that the product meets certain qualifications. The bill would prohibit the sale of kratom leaf and kratom products to those under 21 years of age and would prohibit the sale and manufacture of a kratom product that is attractive to children or an inhalable kratom product. The bill would authorize the department to take various enforcement actions, including executing interagency agreements for the implementation of these provisions, among others. The bill would authorize a kratom processor who is operating in conformance with these provisions and in good faith compliance with their responsibilities to manufacture or sell kratom or kratom products without authorization until April 1, 2025. By expanding the scope of a crime, the bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.