California AB 1088: Courts: staffing: juries: FAIR program.

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 Bill Text - AB-1088 Public health: kratom.

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 |Add To My Favorites |Track Bill | Version: 06/08/26 - Amended Senate
 04/21/25 - Amended Assembly
 04/10/25 - Amended Assembly
 02/20/25 - Introduced

 AB-1088 Public health: kratom.(2025-2026)

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 Date Published: 06/08/2026 09:00 PM

AB1088:v96#DOCUMENTBill Start

 Amended
 IN 
 Senate
 June 08, 2026

 Amended
 IN 
 Assembly
 April 21, 2025

 Amended
 IN 
 Assembly
 April 10, 2025

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Assembly Bill

No. 1088

Introduced by Assembly Member Bains

February 20, 2025

An act to add Article 16 (commencing with Section 111224.8) to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, relating to public health. health, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

AB 1088, as amended, Bains.
 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. The act generally requires manufacturers, packers, and holders of processed foods to register with the department. A violation of the act is a crime.

This bill would add kratom products and products containing 7-hydroxymitragynine (7-OH products), products, as defined, to the Sherman Food,
 Drug, and Cosmetic Law. The bill would prescribe specified quantities of alkaloids present in kratom products and 7-OH products and
 require a processor, as defined, to register with the department and to annually register each kratom product it manufactures, packages, distributes, or labels, which would include certification by a laboratory specifying that the product meets certain qualifications. The bill would establish labeling and packaging requirements for those products. The bill would prohibit the sale of kratom products and 7-OH products to those under 21 years of age. The bill would require the packaging of kratom products and 7-OH products to be child resistant and would prohibit the sale and manufacture of a kratom product or 7-OH product that is attractive to children.
 to those under 21 years of age and would prohibit the sale or distribution of those products at a premise or on an internet website or application that permits a person under 21 years of age to enter and remain or to complete the purchase of any product. The bill would prohibit the sale or distribution of a kratom product that has a child-attractive flavor, as defined. The bill would authorize the department to deny, suspend, or revoke a registration for actions taken in violation of these provisions. By expanding the scope of a crime, the bill would create a state-mandated local program.

This bill would require a purchaser of a kratom product to pay a tax on the purchase for use in this state of a kratom product from a retailer of 15% of the sales price from the sale of a kratom product. The bill would require a retailer to collect the tax from the
 purchaser at the time of the retail sale. The bill would require all revenues, interest, and penalties, less refunds, collected from the tax described above to be deposited into the Kratom Products Public Health and Safety Fund, a continuously appropriated fund created by the bill, and would require all amounts in the fund to be distributed to the University of California Kern County Medical Education Endowment Fund, the Board of State and Community Corrections, the Primary Care Account, and the Specialty Care Account, among others. By creating a continuously appropriated fund and allocating additional moneys to continuously appropriated funds, the bill would make an appropriation.

The bill would provide for the administration and collection of this tax pursuant to procedures set forth in the Fee Collection Procedures Law. By expanding the application of the Fee Collection Procedures Law, the violation of which is a crime, this bill would impose 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 reim