South Carolina H 4030: South Carolina Kratom Consumer Protection Act

Bill Text

2025-2026 Bill 4030 Text of Previous Version (Feb. 18, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4030

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

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:

SECTION 1. Chapter 53, Title 44 of the S.C. Code is amended by adding:

Article 20

South Carolina Kratom Consumer Protection Act

 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 
eighteen 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 level of 7-hydroxymitragynine in the alkaloid fraction which is 
greater than two percent of the alkaloid composition of the product;

 (d) 
contains a synthetic alkaloid including, but not limited to, synthetic 
mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived 
compound of the plant mitragyna speciosa;

 (e) 
contains levels of residual solvents higher than the standards set forth in 
Chapter 467 of the U.S. Pharmacopeia-National Formulary (USP-NF); or

 (f) 
does not meet the labelling 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 eighteen 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 eighteen 
years of age is prohibited.

 Section 
44-53-2040. A retailer found to be in violation of Section 44-53-2020 or 
44-43-2030, or a regulation promulgated pursuant to the provisions of this 
article, is subject to a civil penalty of not more than five hundred dollars 
for a first offense and a civil penalty of not more than one thousand dollars 
for a second or subsequent offense.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on February 18, 2025 at 12:50 PM