For purposes of this chapter, the following definitions apply.
"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. Limitation 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.
"Kratom leaf"means the leaf of the kratom plant, also known as mitragyna speciosa, in any form.
"Kratom product"means a product containing kratom leaf, kratom leaf extract, or both, in any amount.
"Synthesized"means an alkaloid or alkaloid derivative that has been created by chemical synthesis or biosynthetic means (including, but not limited to, fermentation, recombinant techniques, yeast derived, enzymatic techniques), rather than traditional food preparation techniques such as heating or extracting. It also includes alkaloids that has been further exposed to chemicals or processes that would confer a structural change in the alkaloids contained within the extract.
"Total kratom alkaloids"means the sum of mitragynine, speciociliatine, speciogynine, paynantheine, and 7-hydroxymitragynine in a kratom product.
(Ord. 1763, 11/12/2025