[Adopted 12-10-2025 by Ord. No. 25-063]
For purposes of this article, the following words and phrases shall have the meanings set forth below:
ATTRACTIVE TO MINORS
Means products manufactured in the shape of humans, cartoons, or animals; manufactured in a form that bears any reasonable resemblance to an existing candy product that is familiar to the public as a widely distributed, branded food product such that a product could be mistaken for the branded product, especially by children.
KRATOM
A. 
Any parts of the plant Mitragyna speciosa, whether growing or not, and any compound, manufacture, salt, derivative mixture, or preparation of that plant, including but not limited to mitragynine and 7-hydroxymitragynine, as defined in Section 5(a) of the Kratom Control Act, 720 ILCS 642/5(a), as may be amended.
B. 
Specifically, "Kratom leaf" means the leaf of the kratom plant (Mitragyna speciosa) in fresh or dehydrated (dried) form, and subjected to no post-harvest processing other than drying or size reduction (e.g., by cutting, milling, or similar procedure), and to cleaning or sterilization through application of heat, steam, pressurization, irradiation, or other standard treatments applied to food ingredients;
C. 
"Kratom extract" means the material obtained by extracting kratom leaves with a solvent consisting of water, ethanol, or food grade carbon dioxide, or any other solvent allowed by federal or state regulation to be used in the manufacturing of a food ingredient;
D. 
"Kratom product" means a food or dietary supplement: that consist of or contains kratom leaf or kratom leaf extract. Does not contain any synthesized kratom alkaloids or other synthesized kratom constituents, or synthesized metabolites of any kratom constituent. Containing a level of 7-hydroxymitragynine in the alkaloid fraction that is not greater than 2% of the alkaloid composition of the Kratom product.
E. 
"Synthetic Kratom" means any substance and/or material comprised of the 7-Hydroxymitragynine (7-OH) compound.
F. 
The above definitions of "Kratom leaf," "Kratom extract," "Kratom product," and "synthetic Kratom," shall constitute the definition of "Kratom, in any of its forms," for purposes of this article.
PROCESSOR
Means a person that manufacturers, packages, labels, or distributes kratom products or advertises, represents, or holds itself out as manufacturing, preparing, packaging, or labeling kratom products.
It shall be unlawful for any person, firm, corporation or association to:
A. 
Sell, offer for sale, distribute or give away Kratom, in any of its forms, to a person under 21 years of age; or
B. 
Sell, offer for sale, distribute or give away Kratom, in any of its forms, that is adulterated with a dangerous non-Kratom substance.
C. 
For definitive purposes within the above provision, Kratom, in any of its forms, is adulterated with a dangerous non-Kratom substance, if the substance containing Kratom, in any of its forms, contains a poisonous or otherwise deleterious non-Kratom ingredient.
Any person, firm, corporation or association that sells, offers to sell, distributes or gives away Kratom, in any of its forms, shall have a sign posted indicating that "You must be 21 years of age to purchase Kratom."
It shall be unlawful for any person, firm, corporation or association to market Kratom, in any of its forms, in any manner that is "attractive to minors."
A. 
Any person or business that violates any provision of this article shall be subject to a minimum fine of $100 and a maximum fine of $1,000.
B. 
The Village may elect to suspend or revoke the business license for any person or company found in violation of any provision of this article, that had previously been found liable for any provision hereof.
The various portions of this article are hereby expressly declared to be severable, and the invalidity of any such portion of this article shall not affect the validity of any other portions of this article, which shall be enforced to the fullest extent possible.
All ordinances or portions of ordinances previously passed or adopted by the Village of Homer Glen that conflict with or are inconsistent with the provisions of this article are hereby repealed.