South Carolina S 221: Savannah River Port Enhancement Zone Act

Bill Text

2025-2026 Bill 221 Text of Previous Version (May. 06, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 221

Indicates Matter Stricken
Indicates New Matter

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

Amended

May 6, 2025

S. 221

Introduced 
by Senators Ott and Alexander 

S. Printed 5/6/25--H.

Read the first time April 30, 2025

________

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.

 Amend Title To Conform

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 
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.

SECTION 2. This act takes effect sixty days 
following approval by the Governor.

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This web page was last updated on May 06, 2025 at 06:23 PM