O.C.G.A. § 16-13-122 (2019)
(Effective January 1, 2025.) Content of kratom; required labeling
(a) All kratom products sold in, or delivered to, this state shall be derived from the natural kratom plant, and any manufactured or processed kratom product, including kratom extracts, shall not be modified, chemically or otherwise, processed, synthesized, or otherwise treated in any way that increases the levels of mitragynine or 7-hydroxymitragynine, beyond those described in subsection (b) of this Code section.
(b) No kratom product sold in, or delivered to, this state shall have a concentration ratio that is:
(1) Greater than 150 mg of mitragynine per serving;
(2) Greater than 0.5 mg 7-hydroxymitragynine per gram; or
(3) Greater than 1 mg 7-hydroxymitragynine per serving.
(c) A processor or retailer shall not prepare, distribute, sell, or expose for sale any of the following:
(1) A kratom product that is adulterated;
(2) A kratom product that contains or uses in its processing or manufacturing a food substance that is not generally recognized as safe in food products;
(3) A kratom product containing any synthetic alkaloids or metabolite including synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compounds of the kratom plant; or
(4) A kratom product in a form that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor in a solution or other form, including, but not limited to, any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of kratom in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.
(d) A processor shall maintain a registered agent in this state for service of process for the entire duration of such entity’s engagement in the business of a processor.
(e) Kratom packaging shall be accompanied by a label bearing the following information prior to its sale in this state:
(1) Clearly labeled ingredients;
(2) That the sale or transfer possession of kratom to another person under 21 years of age is prohibited;
(3) The amount of mitragynine and 7-hydroxymitragynine contained in such product;
(4) The total amount of mitragynine and 7-hydroxymitragynine contained in the packaging for such product;
(5) The common or usual name of each ingredient used in the manufacture of such product, listed in descending order of predominance;
(6) The name, physical address, and principal mailing address of the manufacturer or the person responsible for distributing such product;
(7) Clear and adequate directions for the consumption of such product, including the recommended serving size and the time frame within which safe consumption should occur;
(8) Any precautionary statements as to the safety and effectiveness of such product, including a warning that a consumer should consult their physician on questions about use of kratom, and state that the kratom product is not intended to “diagnose, treat, cure or prevent any disease”; and
(9) A statement that a kratom product label is prohibited from making any therapeutic claims unless approved by the United States Food and Drug Administration.
(f)(1) A processor who knowingly or with criminal negligence commits an act in violation of this Code section shall, upon a first conviction thereof, be guilty of a misdemeanor of a high and aggravated nature, and upon a subsequent conviction, be guilty of a felony, and shall be punished by imprisonment for not less than one year nor more than 15 years, by a fine not to exceed $100,000.00, or both.
(2) A processor who negligently commits an act in violation of this Code section shall be guilty of a misdemeanor and subject to a fine not to exceed $1,000.00.
(g)(1) A retailer who knowingly or with criminal negligence commits an act in violation of subsection (a), (b), (c), or (e) of this Code section shall, upon a first conviction thereof, be guilty of a misdemeanor of a high and aggravated nature, and upon a subsequent conviction, be guilty of a felony, and shall be punished by imprisonment for not less than one year nor more than 15 years, by a fine not to exceed $100,000.00, or both.
(2) A retailer who negligently commits an act in violation of subsection (a), (b), (c), or (e) of this Code section shall be guilty of a misdemeanor; provided, however, that, for a conviction of a first offense, such individual shall be punished by a fine not to exceed $250.00; for a conviction of a second offense, such individual shall be punished by a fine of up to $500.00; and for a conviction of a third offense, such individual shall be punished by a fine of up to $1,000.00; provided, further, that upon each subsequent conviction after a third conviction, such individual shall be guilty of a high and aggravated misdemeanor and shall be imprisoned for not less than ten days nor more than 12 months and punished by a fine of not less than $1,000.00 nor more than $5,000.00.
(3) A retailer shall have a defense to prosecution under this subsection if such retailer proves by a preponderance of the evidence that the retailer relied in good faith upon the representations of a processor that the kratom, kratom product, or kratom extract and labeling complied with the provisions of this Code section.
History
Code 1981, § 16-13-122, enacted by Ga. L. 2019, p. 273, § 1/HB 551; Ga. L. 2024, p. 544, § 3/HB 181, effective January 1, 2025. Delayed effective date. Code Section 16-13-122 is set out twice in this Code. This version is effective January 1, 2025. For version effective until January 1, 2025, see the preceding version. Amendments. The 2024 amendment, effective January 1, 2025, rewrote this Code section, which read: “Kratom packaging shall be accompanied by a label bearing the following information prior to its sale in this state: “(1) Clearly labeled ingredients; “(2) That the sale or transfer possession of kratom to another person under 18 years of age is prohibited; “(3) The amount of mitragynine and 7-hydroxymitragynine contained in such product;
“(4) The amount of mitragynine and 7-hydroxymitragynine contained in the packaging for such product; “(5) The common or usual name of each ingredient used in the manufacture of such product, listed in descending order of predominance; “(6) The name and the principal mailing address of the manufacturer or the person responsible for distributing such product; “(7) Clear and adequate directions for the consumption and safe and effective use of such product; and “(8) Any precautionary statements as to the safety and effectiveness of such product.” See Editor’s notes for applicability.
Annotations
Editor’s notes. Ga. L. 2024, p. 544, § 4/HB 181, not codified by the General Assembly, makes the amendment of this Code section applicable to offenses committed on or after January 1, 2025.
CHAPTER 14 RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS Sec.
Short title. Findings and intent of General Assembly. Definitions. Prohibited activities. Criminal penalties for violation of Code Section 16-14-4. Civil remedies. Civil forfeiture proceedings. Period of limitations as to criminal proceedings or civil actions under this chapter.
Cross references. National Crime Prevention and Privacy Compact; ratification; criminal history records repository, § 35-3-39.1. Law reviews. For article, “Private RICO Litigation Based Upon Fraud in the Sale of Securities,” see 18 Ga. L. Rev. 43 (1983). For article, “Georgia Racketeer Influenced & Corrupt Organizations Act,” see 20 Ga. St. B.J. 34 (1983). For article, “The Money Laundering Control Act of 1986: Will Attorneys Be Taken to The Cleaners?,” see 24 Ga. St. B.J. 186 (1988). For article, “Georgia’s Baby RICO
Sec.
Civil remedies as supplemental and not mutually exclusive. Recognition and enforcement of judgments of other states; reciprocal agreements with other states. Venue. Cases of special public importance.
Comes of Age,” see 25 Ga. St. B.J. 153 (1989). For comment, “The Pattern Requirement of Civil RICO: H. J. Inc. v. Northwestern Bell Telephone Co.,” see 7 Georgia St. U.L. Rev. 111 (1990). For article on the Traps of Federal and Georgia RICO, see 28 Ga. St. B.J. 134 (1992). For annual survey article on the law of torts, see 45 Mercer L. Rev. 403 (1993). For annual survey article discussing developments in construction law, see 51 Mercer L. Rev. 181 (1999). For annual survey of criminal law, see 71 Mercer L. Rev. 967 (2020).
JUDICIAL DECISIONS Sufficient showing of predicate facts. - Testimony by defendant’s cousin that the cousin saw defendant deliver packages to defendant’s mother on several occasions corroborated defendant’s mother’s testimony that defendant supplied cocaine for sale by family members and was sufficient to sustain defendant’s conviction under the Georgia Racketeer Influenced and Corrupt Organization Act, O.C.G.A. § 16-14-1 et seq. McGee v. State, 255 Ga. App. 708, 566 S.E.2d 431, 2002 Ga. App. LEXIS 745 (2002), cert. denied, No. S02C1566, 2002
Ga. LEXIS 802 (Ga. Sept. 6, 2002), cert. denied, 537 U.S. 1058, 123 S. Ct. 633, 154 L. Ed. 2d 539, 2002 U.S. LEXIS 8872 (2002). Insufficient showing of predicate acts. - Predicate acts alleged by plaintiffs were so vaguely and ambiguously recited as to fail to demonstrate even a factual relationship to one another, much less a threat of continuing activity. The plaintiff failed to satisfy the pattern-of-activity element by failing to allege facts sufficient to fulfill the “continuity plus relationship”
requirement between the predicate acts pleaded in the complaint. Mills v. Fitzgerald, 668 F. Supp. 1554, 1987 U.S. Dist. LEXIS 7938 (N.D. Ga. 1987). Defendant, county school superintendent, correctly argued that trial court erred in denying defendant’s motion for directed verdict as to two predicate acts of
theft by taking committed by defendant’s two assistants because insufficient evidence was presented from which the jury could find defendant guilty of these two acts. Purvis v. State, 208 Ga. App. 653, 433 S.E.2d 58, 1993 Ga. App. LEXIS 563 (1993), cert. denied, No. S93C1348, 1993 Ga. LEXIS 980 (Ga. Oct. 8, 1993).
RESEARCH REFERENCES Am. Jur. 2d. 31A Am. Jur. 2d, Extortion, Blackmail and Threats, § 104 et seq. Am. Jur. Proof of Facts. “Pattern of Racketeering Activity” Under the Racketeer Influenced and Corrupt Organizations Act (RICO), 10 POF3d 289. ALR. Civil action for damages under state Racketeer Influenced and Corrupt Organizations Act (RICO) for losses from racketeering activity, 62 A.L.R.4th 654. Recovery of damages for personal injuries in civil action for damages under Racketeer Influenced and Corrupt Organizations Act (18 USCS § 1964(c)), 96 A.L.R. Fed. 881.
Liability, under Racketeer Influenced and Corrupt Organizations Act (RICO) (18 USCS §§ 1961-1968), for retaliation against employee for disclosing or refusing to commit wrongful act, 100 A.L.R. Fed. 667. Construction and application of § 2J1.3 of United States sentencing guidelines (18 USCS Appx 1.3 § 2J), pertaining to sentencing for perjury, subornation of perjury, witness bribery, and departures therefrom, 131 A.L.R. Fed. 269. Extraterritorial Application of Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C.A. §§ 1961 et seq., 20 A.L.R. Fed. 3d 2.