House File 2133 S-5215 Amend House File 2133, as passed by the House, as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 124.204, subsection 4, Code 2026, is 4 amended by adding the following new paragraph: 5 NEW PARAGRAPH . cq. 7-Hydroxymitragynine (methyl 6 (E)-2[(2S,3S,7aS,12bS)-3-ethyl-7a-hydroxy-8-methoxy-2,3,4,6,7,12b- 7 hexahydro-1H-indolo[2,3-a]quinolizin-2-yl]-3-methoxyprop-2-enoate) 8 concentrated at a level above four hundred parts per million on 9 a dry-weight basis as well as any synthetic, semisynthetic, 10 chemically altered, laboratory-produced, or otherwise 11 chemically transformed, whether by fermentation, enzymatic 12 production, or other natural processes, compound that is 13 structurally, chemically, or pharmacologically derived from 14 naturally occurring kratom alkaloids or 7-hydroxymitragynine. 15 Such substances include all salts; isomers, including optical, 16 stereo, geometric, or structural isomers; analogues, including 17 ethers, esters, and other analogues; metabolites; derivatives; 18 pro-drugs; and homologs thereof, whether or not such forms are 19 explicitly listed, when the compound does not occur naturally 20 within unadulterated kratom plant material. The following are 21 expressly excluded for purposes of this paragraph: 22 (1) Natural Mitragyna speciosa leaf. 23 (2) Naturally derived full-spectrum kratom extracts that 24 have not been adulterated with synthetic or semi-synthetic 25 substances. 26 (3) Any extract exhibiting an alkaloid profile naturally 27 achievable through traditional extraction, concentration, or 28 purification methods without chemical modification. 29 Sec. 2. NEW SECTION . 124F.1 Definitions. 30 As used in this chapter, unless the context otherwise 31 requires: 32 1. “Attractive to children” means a quality of a product 33 that is any of the following: 34 a. Manufactured in the shape of humans, cartoons, or 35 -1- HF 2133.3593 (2) 91 as/js 1/ 4 #1.

animals. 1 b. Manufactured in a form that bears any reasonable 2 resemblance to an existing candy product that is familiar to 3 the public as a widely distributed, branded food product such 4 that a product could be mistaken for the branded product, 5 especially by children. 6 c. Contains any color additives except for natural color 7 additives. 8 2. “Kratom extract” means a substance or compound 9 obtained by extraction of the kratom leaf that is intended 10 for ingestion, contains more than trace amounts of Mitragyna 11 speciosa, and does not contain any controlled substances or 12 levels of residual solvents higher than is allowed in the 13 United States pharmacopeia as publish by the United States 14 pharmacopeial convention. 15 3. “Kratom leaf” means the leaf of the kratom plant, 16 Mitragyna speciosa, in fresh or dehydrated form, and subjected 17 to no postharvest processing other than drying or size 18 reduction, and to cleaning or sterilization through application 19 of heat, steam, pressurization, irradiation, or other standard 20 treatments applied to food ingredients. 21 4. “Kratom product” means a food or dietary supplement that 22 meets all of the following conditions: 23 a. Consists of or contains kratom leaf or kratom extract. 24 b. Does not contain any synthesized kratom alkaloids 25 or other synthesized kratom constituents, or synthesized 26 metabolites of any kratom constituent. 27 c. Does not contain a level of 7-hydroxymitragynine 28 concentrated at a level above four hundred parts per million 29 on a dry-weight basis. 30 5. “Processor” means a person that manufactures, packages, 31 labels, or distributes kratom products or advertises, 32 represents, or holds itself out as manufacturing, preparing, 33 packaging, or labeling kratom products. 34 6. “Synthesized alkaloids” means alkaloids that have 35 -2- HF 2133.3593 (2) 91 as/js 2/ 4

undergone directed physical, chemical, or biosynthetic 1 processes that result in changes to the substance’s chemical 2 composition. 3 Sec. 3. NEW SECTION . 124F.2 Restrictions. 4 1. A person shall not sell, offer for sale, provide, or 5 distribute kratom leaf or a kratom product to a person under 6 twenty-one years of age. 7 2. An online retailer or marketplace of kratom leaf or a 8 kratom product shall implement an age-verification system to 9 ensure compliance with subsection 1. 10 3. An individual, business, or other entity shall 11 not produce, sell, or distribute a kratom product that is 12 attractive to children. 13 Sec. 4. NEW SECTION . 124F.3 Penalties. 14 1. The department of health and human services may assess 15 against a retailer or processor found to be in violation of 16 section 124F.2 a civil penalty of up to one thousand dollars 17 for the first offense and up to five thousand dollars for a 18 second offense. 19 2. A retailer or processor committing a third or subsequent 20 violation shall be assessed a civil penalty of at least five 21 thousand dollars but not more than twenty thousand dollars and 22 shall be prohibited from selling kratom products for up to 23 three years. 24 3. A retailer does not violate section 124F.2 if it is shown 25 by a preponderance of the evidence that the retailer relied 26 in good faith upon the representation of the manufacturer, 27 processor, packer, or distributor of food represented to be a 28 kratom product. > 29 2. Title page, by striking lines 1 through 2 and inserting 30 < An Act regulating the sale, production, and distribution of 31 kratom, providing penalties, and making penalties applicable. > 32 -3- HF 2133.3593 (2) 91 as/js 3/ 4