Kratom Processor Definitions; Annual Registration

# (1)

(1) Definitions. The definitions in Oregon Laws 2022, chapter 41, section 2 apply to the terms used in OAR 150-475-6010, OAR 150-475-6020, and OAR 150-475-6030, in addition to the following definitions.

(a) "Dangerous non-kratom substance" means any substance present in a finished kratom product formulation or unfinished kratom product that exceeds the amount allowable in OAR 150-475-6020 (3).

(b) "Department" means the Oregon Department of Revenue.

(c) "Finished kratom product" means a food, food product, food ingredient, dietary ingredient, dietary supplement, or beverage that has been produced or processed by a kratom processor in its final state as intended for sale to a consumer.

(d) "Finished kratom product formulation" means a combination of 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.

(e) "Kratom processor annual registration fee" or "annual fee" means the fee adopted by the department in this rule to be paid by kratom processors at the time the registrant submits a registration under this rule.

(f) "Registration" means the registration form and any additional documentation or information requested by the department from a kratom processor to verify compliance with this rule and includes both the initial registration and any renewal registrations submitted by a kratom processor.

(g) "Unfinished kratom product" means 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.

# (2)

(2) Kratom Processor Initial Registration

(a) Each kratom processor engaging in the sale, distribution, or exposure for sale in the state of Oregon must submit a registration form to the department on an annual basis. Beginning on and after July 1, 2023, a kratom processor may not sell, distribute, or expose for sale kratom products on a wholesale or retail basis in the state of Oregon without first receiving a certificate of registration described in subsection (d) of this section.

(b) The department will not consider a registration submitted as complete until the kratom processor has paid the kratom processor annual registration fee in full for each registration form submitted to the department.

(A) If a kratom processor submits a registration without full payment of the kratom processor annual registration fee, the department will notify the kratom processor the registration is incomplete.

(B) If the kratom processor does not remit full payment of the registration fee within 14 days of the notice, the department will consider the registration withdrawn and refund any amount paid.

(c) The department will not consider a registration submitted for review unless the kratom processor certifies that all kratom products that will be distributed, sold, or exposed for sale by the kratom processor will be third-party tested for dangerous non-kratom substances in compliance with the requirements of OAR 150-475-6020 and Oregon Laws 2022, Chapter 41, Section 3.

(d) If the department determines the registration is complete, it will provide the kratom processor a certificate of registration.

(e) Completed registrations that are received prior to July 1, 2023, will be effective from July 1, 2023, through June 30, 2024. Completed registrations received after July 1, 2023, will be effective for a one-year period from the issuance date on the certificate of registration through the end of the calendar month of the issuance date.

# (3)

(3) Kratom Processor Annual Registration Fee. The kratom processor annual registration fee for registrations effective beginning on or after July 1, 2023, is $460. The department shall review the registration fee amount annually.

# (4)

(4) Kratom Processor Registration Renewal. A kratom processor may renew its registration beginning the first day of the calendar month of expiration. A kratom processor must remit the full kratom processor annual registration fee in effect at time the kratom processor submits its registration renewal.

# (5)

(5) Kratom Processor Annual Registration Fee Nonrefundable. If the department verifies that a kratom processor's registration is complete, then any kratom processor annual registration fee submitted with the registration is nonrefundable.