What AB 1088 does
An act to add Article 16 (commencing with Section 111224.8) to Chapter 5 of Part 5 of Division 104 of the Health and Safety Code, relating to public health, and making an appropriation therefor.
Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the manufacturing, processing, labeling, advertising, and sale of food, drugs, and cosmetics, under the administration and enforcement of the State Department of Public Health (department) and in accordance with the Federal Food, Drug, and Cosmetic Act. The act generally requires manufacturers, packers, and holders of processed foods to register with the department. A violation of the act is a crime.
This bill would add kratom products, as defined, to the Sherman Food, Drug, and Cosmetic Law. The bill would require a processor, as defined, to register with the department and to annually register each kratom product it manufactures, packages, distributes, or labels, which would include certification by a laboratory specifying that the product meets certain qualifications. The bill would establish labeling and packaging requirements for those products. The bill would prohibit the sale of kratom products to those under 21 years of age and would prohibit the sale or distribution of those products at a premise or on an internet website or application that permits a person under 21 years of age to enter and remain or to complete the purchase of any product. The bill would prohibit the sale or distribution of a kratom product that has a child-attractive flavor, as defined. The bill would authorize the department to deny, suspend, or revoke a registration for actions taken in violation of these provisions. By expanding the scope of a crime, the bill would create a state-mandated local program.
This bill would require a purchaser of a kratom product to pay a tax on the purchase for use in this state of a kratom product from a retailer of 15% of the sales price from the sale of a kratom product. The bill would require a retailer to collect the tax from the purchaser at the time of the retail sale. The bill would require all revenues, interest, and penalties, less refunds, collected from the tax described above to be deposited into the Kratom Products Public Health and Safety Fund, a continuously appropriated fund created by the bill, and would require all amounts in the fund to be distributed to the University of California Kern County Medical Education Endowment Fund, the Board of State and Community Corrections, the Primary Care Account, and the Specialty Care Account, among others. By creating a continuously appropriated fund and allocating additional moneys to continuously appropriated funds, the bill would make an appropriation.
The bill would provide for the administration and collection of this tax pursuant to procedures set forth in the Fee Collection Procedures Law. By expanding the application of the Fee Collection Procedures Law, the violation of which is a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Summary from the Legislative Counsel's Digest of the amended senate text, June 8, 2026. Read the full text on leginfo.
How it got here
Assemblymember Bains introduced AB 1088 on February 20, 2025. The text was amended 3 times, 2 in the Assembly and 1 in the Senate, and heard in 5 committee hearings before its final floor votes.
- Assembly Floor, June 2, 2025: 76 ayes, 0 noes.
Committee votes along the way:
- Assembly Health, April 22, 2025: Do pass and be re-referred to the Committee on [Environmental Safety and Toxic Materials], 16-0.
- Assembly Environmental Safety and Toxic Materials, April 29, 2025: Do pass and be re-referred to the Committee on [Appropriations], 7-0.
- Assembly Appropriations, May 23, 2025: Do pass., 14-0.
Who supports and opposes AB 1088
The Senate Health analysis dated June 15, 2026 lists 22 organizations in support and 12 in opposition. When Assembly Health first listed positions on April 18, 2025, the count was 23 in support and 1 opposed. By the Senate Health analysis of June 15, 2026 it was 22 to 12.
In support: Arcadia Police Officers' Association; Brea Police Association; Burbank Police Officers' Association; California Association of School Police Chiefs; California Coalition of School Safety Professionals; California Narcotic Officers' Association; California Reserve Peace Officers Association; Claremont Police Officers Association; and 14 more.
Opposed: California Retail and Distribution Fairness Association; California Statewide Law Enforcement Association (unless amended); Consumer Action for a Strong Economy; Consumer Choice Center; End It for Good; Families for America; Hispanic Leadership Fund; Holistic Alternative Recovery Trust (unless amended); and 4 more.
Read the Senate Health analysis.
What happens next
It is in the Senate, its second house. The last recorded action was on June 17, 2026.
The Governor can sign the bill, veto it, or let it become law without a signature. Until the decision, sign and veto request letters are the remaining channel, and the Department of Finance's enrolled bill report carries weight on anything with a fiscal effect. If signed, most provisions take effect January 1, and implementation moves to the agencies named in the bill.
What it means for small business organizations
This is the stage where language still changes. Amendments taken in committee are the ones that reach the Governor, so an organization with a stake in the drafting has a reason to be in that conversation now rather than after the vote.
The small business group at Capitol Axis handles that for small business clients.
Questions about AB 1088
What does AB 1088 do?
This bill would add kratom products, as defined, to the Sherman Food, Drug, and Cosmetic Law. The bill would require a processor, as defined, to register with the department and to annually register each kratom product it manufactures, packages, distributes, or labels, which would include certification by a laboratory specifying that the product meets certain qualifications. The bill would establish labeling and packaging requirements for those products. The bill would prohibit the sale of kratom products to those under 21 years of age and would prohibit the sale or distribution of those produ
Has AB 1088 passed the California Legislature?
It is in the Senate, its second house. The last recorded action was on June 17, 2026.
Who supports and opposes AB 1088?
The Senate Health analysis dated June 15, 2026 lists 22 organizations in support and 12 in opposition. Supporters include Arcadia Police Officers' Association; Brea Police Association; Burbank Police Officers' Association. Opponents include California Retail and Distribution Fairness Association; California Statewide Law Enforcement Association (unless amended); Consumer Action for a Strong Economy.
What happens next with AB 1088?
It still has committee and floor votes ahead of it. Amendments taken now are the ones that reach the Governor, so this is the stage where language changes are still possible.