The legislature approved House Bill 4010, (HB 4010), during the 2022 legislative session. HB 4010 requires processors of kratom, or kratom products, to register with the Department of Revenue to distribute, sell, or offer Kratom products for sale beginning July 1, 2023.
The annual registration fee is $460, and the registration must be renewed annually.
Who must register?
If you are a processor and are engaging in the sale, distribution, or
exposing kratom products for sale in the state of Oregon, you must register
with the department. A processor is defined as a person that sells,
distributes, or exposes for sale kratom products on a wholesale basis to a
retailer. If you have a question about whether your activities make you a
processor, please contact us at kratom.help@dor.oregon.gov.
What constitutes a kratom product?
A “kratom product" is a food, food product, food ingredient, dietary ingredient, dietary supplement or beverage for human consumption containing any part of the leaf of the plant Mitragyna speciosa. An unfinished kratom product is any part of the plant Mitragyna speciosa that has not been processed into a finished kratom product or kratom product formulation and that is intended to be sold, distributed, or exposed for sale to a consumer in its original state. A finished kratom product means a combination unfinished kratom products with another substance or unfinished kratom products altered from their original state into a final form to be sold to a consumer such as an extract.
Registration process
The legislation requires all processors to register with the Department of Revenue for sales occurring after July 1, 2023.
The registration will be completed and submitted electronically on Revenue Online.
What information will I need to apply?
The name, mailing address, and federal tax identifier of the business entity for which you are applying. The identifier may be a federal employer identification number (FEIN) or, if you are a sole proprietor, it may be a Social Security number (SSN).
Testing process
To register as a kratom processor in Oregon, HB 4010 requires that a registrant must certify that all kratom products that the registrant will sell, distribute, or expose for sale are third-party tested to satisfy industry standards for adulteration. The department has adopted OAR 150-475-6020 that allows processors to test batches of unfinished or finished kratom products for contaminants. A processor is required to retain the test results for those batch samples. Special rules apply for wholesalers who purchase kratom products for resale that have already been tested by Oregon registered kratom processors.
Wholesalers
Wholesalers who are registered Oregon kratom processors who are selling kratom products in the state that they acquired from another registered Oregon Kratom processor need to ensure those products have been tested. If the first kratom processor has tested the products and the wholesaler has not altered the products, then the wholesaler may satisfy the testing requirement by obtaining an invoice with the registration number of the initial Oregon kratom processor on the invoice along with a statement that the products have been testing in accordance with OAR 150-475-6020.
Frequently Asked Questions
No. There is no requirement to utilize an Oregon testing facility. You can choose any facility that can test the product in accordance with OAR 150-475-6020.
If the product you purchased was already tested in accordance with OAR 150-475-6020 and the product is not altered in any way, you do not need to retest it.
If the product is altered in any way, such as a flavoring being added or the kratom powder was used to make a food product or tea, then the product would need to be retested in accordance with OAR 150-475-6020.
No. As long as the kratom powder was not altered in any way, such as a flavor being added or the powder being used to make a food product or tea, it does not need to be retested when it is packaged.
You do not need to retest the products if you retain copies of the test results that conform with the batch size and standards listed in OAR 150-475-6020, and you can just test for the standards that were not completed initially. If you alter the products in any way, such as a flavoring being added or the products are used to make food products or tea, then the products would need to be retested in accordance with OAR 150-475-6020.