Orange County Municipal Code Div. 20 Kratom

This article is enacted pursuant to the County's plenary police powers to protect public safety, health and welfare. The express purpose of this article is to protect public health and safety by regulating access to kratom productions containing more than two (2) percent of 7-hydroxymitragynine in the alkaloid fraction.

(Ord. No. 25-014, § 2, 8-26-25)

For purposes of this article, the following definitions apply.

(a) 7-OH product means a product containing 7-hydroxymitragynine.

(b) 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:

(A) Cartoons, toys, or robots.

(B) Any real or fictional humans.

(C) Fictional animals or creatures.

(D) 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 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.

(c) Kratom leaf means the leaf of the kratom plant, also known as mitragyna speciosa, any form.

(d) Kratom leaf extract means the material obtained by extraction of kratom leaves by any means.

(e) Kratom product means a product consisting of kratom leaf, kratom leaf extract, or both.

(f) Total kratom alkaloids means the sum of mitragynine, speciociliatine, speciogynine, paynantheine, and 7-hydroxymitragynine in a kratom product.

(Ord. No. 25-014, § 2, 8-26-25)

(a) Except as otherwise authorized by law, an individual, business, or other entity shall not sell, attempt to sell, offer, provide, or distribute a kratom product or 7-OH product to a person under twenty-one (21) years of age.

(b) Except as otherwise authorized by law, an individual, business, or other entity shall not sell, attempt to sell, offer, provide, or distribute a kratom product or 7-OH product with a level of 7-hydroxymitragynine that is greater than two (2) percent of the total kratom alkaloids in the product.

(c) Except as otherwise authorized by law, an individual, business, or other entity shall not sell, attempt to sell, offer, provide, or distribute a kratom product or 7-OH product that is attractive to children.

(d) Any individual, business, or other entity that sells, attempts to sell, offers, provides, or distributes a kratom product or 7-OH product shall conduct age-verification to ensure compliance with subdivision (a).

(Ord. No. 25-014, § 2, 8-26-25)

(a) Packaging of a kratom product or a 7-OH product offered for retail sale shall be child resistant for the life of the product. Both of the following packages are considered child resistant for the purposes of this section:

(1) A package that has been certified as child resistant under the requirements of the Poison Prevention Packaging Act of 1970 (15 U.S.C. Sec. 1471 et seq.) and any regulations promulgated pursuant to that act.

(2) Plastic packaging that is at least four (4) mils thick and heat sealed without an easy-open tab, dimple, corner, or flap, provided that the package maintains its child resistance throughout the life of the product.

(Ord. No. 25-014, § 2, 8-26-25)

Any person who violates section 3-20-3 is guilty of a misdemeanor and upon conviction thereof may be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the County Jail for a period of not more than six (6) months or by both such fine and imprisonment. This section shall not serve to limit any other legal remedies or actions that the County may have to address violations of section 3-20-3. A violation of section 3-20-3 is grounds for a revocation of a business license, if applicable, pursuant to section 5-2-16 of the Codified Ordinances.

(Ord. No. 25-014, § 2, 8-26-25)

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. 25-014, § 2, 8-26-25)