Fresno County Municipal Code Ch. 10.72 Sale and Distribution of Kratom to Minors Prohibited

This Chapter is enacted pursuant to the County's plenary police powers under California Constitution, Article XI, Section 7, to protect public safety, health, and welfare. The express purpose of this Chapter is to protect public health and safety by regulating access to kratom and other products containing more than 2% of 7-hydroxymitragynine in the alkaloid fraction and prohibit the sale of all kratom products to persons under 21 years of age in unincorporated areas of Fresno County.

(Ord. No. 25-031, § 1, 12-9-2025)

For purposes of this Chapter, the following definitions apply.

A. "Attractive to children" means any of the following:

1. Use of images that are attractive to children, including, but not limited to, images of any of the following, except as part of required health warnings:

i. Cartoons, toys, or robots.

ii. Any real or fictional humans.

iii. Fictional animals or creatures.

iv. Fruits or vegetables, except when used to accurately describe ingredients or flavors contained in a product.

2. Likeness to images, characters, or phrases that are popularly used to advertise to children.

3. Imitation of candy packaging or labeling, or other packaging and labeling of cereals, sweets, chips, or other food products typically marketed to children.

4. The terms "candy" or "candies" or variants in spelling of such terms such as "kandy" or "kandee."

5. Brand names or close imitations of brand names of candies, cereals, sweets, chips, or other food products typically marketed to children.

6. Any other image or packaging that is easily confused with commercially available foods that do not contain kratom and are typically marketed to children.

7. Any other packaging used that is attractive to children considering all relevant facts and circumstances.

B. "Kratom leaf" means the leaf of the kratom plant, also known as Mitragyna speciosa, in fresh, whole, dehydrated, or dried form, not concentrated, modified (other than cutting and packaging), nor contained in or combined with any other substance or solution.

C. "Kratom leaf extract" means the material obtained by extraction of kratom leaves by any means.

D. "Kratom product" means a product consisting of or labeled as consisting of any part of a leaf of the plant Mitragyna speciosa in fresh, dehydrated, or dried form, or a kratom extract, or any product that contains any kratom alkaloid or metabolite.

E. "Total kratom alkaloids" means the sum of mitragynine, speciociliatine, speciogynine, paynantheine, and 7-hydroxymitragynine in a kratom product or product described as containing 7-hydroxymitragynine or Mitragyna speciosa.

F. "Synthesized" means an alkaloid or alkaloid derivative that has been created by chemical synthesis or biosynthetic means (including but not limited to: fermentation, recombinant techniques, yeast derived, enzymatic techniques), rather than traditional food preparation techniques such as heating or extracting. It also includes alkaloids that has been further exposed to chemicals or processes that would confer a structural change in the alkaloids contained within the extract.

(Ord. No. 25-031, § 1, 12-9-2025)

A. Except as otherwise expressly authorized by law, an individual, business, or other entity shall not sell, attempt to sell, offer, provide, or distribute a kratom product in unincorporated areas of Fresno County to a person under 21 years of age.

B. Except as otherwise expressly authorized by law, an individual, business, or other entity shall not sell, attempt to sell, offer, provide, or distribute to any person any product in unincorporated areas of Fresno County with a level of 7-hydroxymitragynine that is greater than 2 percent of the total alkaloids in the product.

C. Except as otherwise expressly authorized by law, an individual, business, or other entity shall not sell, attempt to sell, offer, provide, or distribute a kratom product in unincorporated areas of Fresno County that is attractive to a person under 21 years of age.

D. Except as otherwise expressly authorized by law, an individual, business, or other entity shall not sell, attempt to sell, offer, provide, or distribute a kratom product in unincorporated areas of Fresno County if such kratom product contains a label from the manufacturer or distributor that has been removed or altered to conceal or modify the existence of kratom as an ingredient or component of the product.

E. Any individual, business, or other entity that sells, attempts to sell, offers, provides, or distributes a kratom product in unincorporated areas of Fresno County shall conduct age verification to ensure compliance with this Chapter.

F. Any individual, business, or other entity that sells, attempts to sell, offers, provides, or distributes a kratom product in unincorporated areas of Fresno County shall cause all kratom products to be placed behind the counter of a retail establishment and available only upon request of a lawful purchaser.

G. No person or entity shall offer for sale in unincorporated areas of Fresno County any kratom product that contains or is adulterated with synthesized or semi-synthesized kratom alkaloids or kratom constituents.

H. No person or entity shall offer for sale in unincorporated areas of Fresno County any kratom product if such person or entity is not also authorized to offer for sale tobacco products.

I. This ordinance does not prohibit offering for sale to those persons at least 21 years of age in unincorporated areas of Fresno County "kratom leaf," as defined in section 10.72.020 B or a kratom product with a level of 7-hydroxymitragynine that is less than 2 percent of the total alkaloids in the product, provided there is compliance with all other regulations set forth in this ordinance.

(Ord. No. 25-031, § 1, 12-9-2025)

A. Administrative Citation. The County may, at its discretion, issue an administrative citation for any violation of section 10.72.030. The administrative penalty to be assessed for each violation of section 10.72.030 shall be as follows: (i) First violation, one thousand dollars ($1000.00); (ii) Second occurrence of the same violation within one year of the first violation, two thousand dollars ($2,000.00); (iii) Third or subsequent occurrence of the same violation within one year of the first violation, three thousand dollars ($3,000.00).

B. Injunctive Relief. In addition, the County Counsel may institute a civil action to ensure compliance with section 10.72.030, including an action for injunctive relief and/or to recover damages incurred as a result of any violation.

C. Business License Revocation. A violation of this Chapter is also grounds for a revocation of a business license, if applicable, pursuant to Title 6 of the Ordinance Code of the County of Fresno.

D. This Chapter may be enforced by the County Health Officer, as consistent with Health and Safety Code 101030, the County Health Officer is responsible for enforcing County ordinances adopted by the Board of Supervisors; therefore, County staff enforcing County ordinance Chapter 10.72 of Title 10 are an extension of the County Health Officer's authority and are acting as an extension to the County Health Officer.

E. Private Right of Action. Any aggrieved person may enforce the provisions of this Chapter by means of a civil lawsuit. In addition to any other available remedy, any person who violates the provisions of this Chapter shall be liable for the actual damages with regard to each and every such violation, or $1,000, whichever is greater, and shall be liable for reasonable attorneys' fees and costs of litigation. In addition, a jury or a court may award punitive damages where warranted.

(Ord. No. 25-031, § 1, 12-9-2025)

If any section, paragraph, sentence, clause, phrase or portion of this article is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable, and such holding shall not affect the validity of the remaining portions hereof. The Board of Supervisors hereby declares that it would have adopted this article irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the article be enforced.

(Ord. No. 25-031, § 1, 12-9-2025)