Environmental Health Department Enforces Ban of Kratom Sales

In July, the City of Albuquerque’s Environmental Health Department notified retail food permit holders that it had been determined by the Federal Food and Drug Administration (FDA) that kratom is not recognized as safe for human consumption.  As a result, it may not be sold at retail in accordance with City ordinance and FDA guidance.

“We are enforcing the removal of kratom as a dangerous and unregulated retail product, in accordance with FDA guidance,” said Environmental Health Department Deputy Director, Dr. Mark DiMenna. “Kratom consumption has been linked to liver toxicity, seizures, substance use disorders, and occasionally death.”

Throughout July and August, EHD conducted outreach and education for impacted retailers to help identify and remove products containing kratom. After Labor Day, full enforcement began, and EHD has since visited more than 50 stores and embargoed more than 5,400 individual products containing kratom. Retailers found to have kratom products are being issued citations and civil fines along with the embargo of product. The initial fine is $250, with fines increasing thereafter up to $1000 per offense.

“Our focus here is the health and safety of our residents, especially young people who have readily been able to access these products,” said Mayor Tim Keller. “The removal of kratom from the shelves of retailers in our city is another step in that goal.”

In addition to the enforcement effort, EHD encourages parents to learn about kratom and its harmful effects.  Kratom, sometimes referred to as “gas station heroin” is sold in liquid, powder or tablet forms that are consumed directly or added to other foods.  The effects of kratom have both opioid and stimulant effects.  These products are not well-regulated, typically do not carry dosage guidelines or age restrictions, and are easily obtained by youths.  Kratom use can lead to addiction.

Side Effects of kratom consumption include:

• liver damage
• seizures, tremors, and confusion
• substance use disorder
• neonatal abstinence syndrome
• high blood pressure
• nausea and vomiting
• constipation
• muscle pain
• depression
• delusions and/or hallucinations
• breathing difficulties
• dizziness
• drowsiness

The City of Albuquerque Food Service and Retail Ordinance and promulgated rules adopts the 2022 Food Code, published by the Food and Drug Administration (FDA). To access the 2022 FDA Food Code as well as Annex, please visit: https://www.fda.gov/food/retail-food-protection/fda-food-code.  To access 21 CFR 170.30 please visit: https://www.ecfr.gov/current/title-21/section-170.30
 
Please see FDA and Kratom at https://www.fda.gov/news-events/public-health-focus/fda-and-kratom for more information.