Download This Bill in Microsoft Word format
A35, R53, S221
STATUS INFORMATION
General Bill
Sponsors: Senator Ott
Companion/Similar bill(s): 4030
Document Path: LC-0130VR25.docx
Introduced in the Senate on January 15, 2025
Introduced in the House on April 30, 2025
Last Amended on May 6, 2025
Currently residing in the Senate
Governor's Action: May 12, 2025, Signed
Summary: South Carolina Kratom Consumer Protection Act
HISTORY OF LEGISLATIVE ACTIONS
| Date | Body | Action Description with journal page number |
|---|---|---|
| 1/15/2025 | Senate | Introduced and read first time (Senate Journal-page 10) |
| 1/15/2025 | Senate | Referred to Committee on Medical Affairs (Senate Journal-page 10) |
| 4/15/2025 | Senate | Committee report: Favorable with amendment Medical Affairs (Senate Journal-page 16) |
| 4/18/2025 | Scrivener's error corrected | |
| 4/24/2025 | Senate | Committee Amendment Adopted (Senate Journal-page 21) |
| 4/24/2025 | Senate | Read second time (Senate Journal-page 21) |
| 4/24/2025 | Senate | Roll call Ayes-39 Nays-0 (Senate Journal-page 21) |
| 4/24/2025 | Senate | Unanimous consent for third reading on next legislative day (Senate Journal-page 21) |
| 4/25/2025 | Senate | Read third time and sent to House (Senate Journal-page 1) |
| 4/30/2025 | House | Introduced and read first time (House Journal-page 108) |
| 4/30/2025 | House | Referred to Committee on Medical, Military, Public and Municipal Affairs (House Journal-page 108) |
| 5/1/2025 | House | Committee report: Favorable with amendment Medical, Military, Public and Municipal Affairs (House Journal-page 133) |
| 5/6/2025 | House | Amended (House Journal-page 53) |
| 5/6/2025 | House | Read second time (House Journal-page 53) |
| 5/6/2025 | House | Roll call Yeas-114 Nays-0 (House Journal-page 55) |
| 5/7/2025 | House | Read third time and returned to Senate with amendments (House Journal-page 9) |
| 5/7/2025 | Senate | Concurred in House amendment and enrolled (Senate Journal-page 18) |
| 5/8/2025 | Ratified R 53 | |
| 5/12/2025 | Signed By Governor | |
| 5/19/2025 | Effective date 07/11/25 | |
| 5/19/2025 | Act No. 35 |
View the latest legislative information at the website
VERSIONS OF THIS BILL
01/15/2025
04/15/2025
04/18/2025
04/24/2025
05/01/2025
05/06/2025
NOTE: THIS IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL FINAL APPROVAL BY THE LEGISLATIVE COUNCIL.
(A35, R53, S221)
AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA KRATOM CONSUMER PROTECTION ACT" BY ADDING ARTICLE 20 TO CHAPTER 53, TITLE 44 SO AS TO PROVIDE FOR THE REGULATION OF THE SALE OF KRATOM PRODUCTS BY RETAILERS AND PROCESSORS AND TO CREATE PENALTIES FOR VIOLATION OF THE PROVISIONS OF THE ARTICLE.
Be it enacted by the General Assembly of the State of South Carolina:
South Carolina Kratom Consumer Protection Act
SECTION 1. Chapter 53, Title 44 of the S.C. Code is amended by adding:
Section 44-53-2010. As used in this article:
(1) "Department" means the South Carolina Department of Public Health.
(2) "Food" means any food, food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption.
(3) "Kratom" means any part of the tropical evergreen plant mitragyna speciosa.
(4) "Kratom processor" means a person or entity that prepares, manufactures, distributes, or maintains kratom products or advertises, represents, or claims to sell, prepare, or maintain kratom products.
(5) "Kratom product" means any food or dietary ingredient, produced as a food, drink, powder, pill, capsule, or any other format intended for oral consumption that:
(a) contains any part of the leaf of the plant mitragyna speciosa, either on its native leaf or extracted form; or
(b) contains any kratom alkaloids or constituents, or synthesized metabolites of any kratom alkaloids or constituents.
(6) "Kratom retailer" means a person or entity that sells or advertises, represents, or claims to sell kratom products.
Section 44-53-2020. (A) It is unlawful for a kratom processor or kratom retailer to:
(1) distribute, dispense, or sell any kratom product to any individual under twenty-one years of age; or
(2) prepare, manufacture, distribute, dispense, or sell any kratom product that:
(a) is adulterated with a dangerous non-kratom substance that affects the quality or strength of the product to such a degree that it may injure a consumer;
(b) contains a poisonous or otherwise harmful non-kratom ingredient including, but not limited to, any substance listed in Section 44-53-190, 44-53-210, 44-53-230, 44-53-250, or 44-53-270;
(c) contains a fully synthetic alkaloid including, but not limited to, fully synthetic mitragynine, fully synthetic 7-hydroxymitragynine, or any other fully synthetically derived compound of the plant mitragyna speciosa;
(d) contains levels of residual solvents higher than the standards set forth in Chapter 467 of the U.S. Pharmacopeia-National Formulary (USP-NF); or
(e) does not meet the labeling requirements established pursuant to Section 44-53-2030 and a regulation promulgated to implement the provisions of that section.
(B) It is unlawful for a kratom retailer to display or store a kratom product in a retail location in a manner that would allow the product to be accessed by an individual under twenty-one years of age.
Section 44-53-2030. Every kratom product must be accompanied by a clear label that provides adequate information for safe and effective use by consumers including, but not limited to:
(1) a list of the ingredients used in the manufacture of the product;
(2) the amount of mitragynine and 7-hydroxymitragynine contained in the product;
(3) the recommended serving size of the product;
(4) the number of servings per container;
(5) the name and the principal street address of the vendor or the person responsible for distributing the product;
(6) any precautionary statements as to the safety and effectiveness of the product;
(7) a statement that the product is not intended to diagnose, treat, cure, or prevent any medical condition or disease; and
(8) a statement that the sale or transfer of the product to a person under twenty-one years of age is prohibited.
Section 44-53-2040. A retailer found to be in violation of Section 44-53-2020 or 44-53-2030, or a regulation promulgated pursuant to the provisions of this article, is subject to a civil penalty of not more than one thousand dollars for a first offense and a civil penalty of not more than two thousand dollars for a second or subsequent offense.
Time effective
SECTION 2. This act takes effect sixty days following approval by the Governor.
Ratified the 8th day of May, 2025.
Approved the 12th day of May, 2025.
This web page was last updated on May 19, 2025 at 1:08 PM