Florida Senate - 2021                                    SB 1978
       By Senator Powell
       30-01251-21                                           20211978__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Kratom Consumer
    3         Protection Act; creating s. 501.9745, F.S.; providing
    4         a short title; defining the terms “department,”
    5         “kratom product,” and “processor”; requiring a
    6         processor to register with the Department of
    7         Agricultural and Consumer Services to sell kratom
    8         products at retail; prohibiting processors from
    9         selling certain kratom products; prohibiting
   10         processors from distributing, selling, or exposing for
   11         sale a kratom product to an individual under 21 years
   12         of age; providing civil penalties; providing an
   13         exception; requiring the department to adopt rules;
   14         providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Section 501.9745, Florida Statutes, is created
   19  to read:
   20         501.9745 Florida Kratom Consumer Protection Act.—
   21         (1)This section may be cited as the “Florida Kratom
   22  Consumer Protection Act.”
   23         (2)As used in this section, the term:
   24         (a)”Department” means the Department of Agricultural and
   25  Consumer Services.
   26         (b)”Kratom product” means a food product, food ingredient,
   27  dietary ingredient, dietary supplement, or beverage that is
   28  intended for human consumption, that contains any part of the
   29  leaf of the plant Mitragyna speciosa or an extract of such
   30  plant, and that is manufactured as a powder, capsule, pill,
   31  beverage, or other edible form.
   32         (c)“Processor” means a person that sells, prepares,
   33  manufactures, distributes, or maintains kratom products.
   34         (3)A processor must be registered with the department to
   35  sell kratom products at retail.
   36         (4)A processor may not sell, prepare, distribute, or
   37  expose for sale a kratom product that:
   38         (a)Is adulterated with a dangerous non-kratom substance
   39  that affects the quality or strength of the kratom product to
   40  such a degree that it may injure a consumer.
   41         (b)Contains a poisonous or otherwise harmful non-kratom
   42  ingredient, including, but not limited to, any substance listed
   43  in s. 893.03.
   44         (c)Contains a level of 7-hydroxymitragynine in the
   45  alkaloid fraction which is greater than 2 percent of the
   46  alkaloid composition of the product.
   47         (d)Contains a synthetic alkaloid, including, but not
   48  limited to, synthetic mitragynine, synthetic 7
   49  hydroxymitragynine, or any other synthetically derived compound
   50  of the kratom plant.
   51         (e)Does not include directions for the safe and effective
   52  use of the product, including, but not limited to, a suggested
   53  serving size, on the product’s packaging or label.
   54         (f)Has a label that contains any claim that the product is
   55  intended to diagnose, treat, cure, or prevent any medical
   56  condition or disease.
   57         (5)A processor may not distribute, sell, or expose for
   58  sale a kratom product to an individual under 21 years of age.
   59         (6)A processor that violates subsection (4) is subject to
   60  an administrative fine of not more than $500 for the first
   61  offense and not more than $1,000 for the second or subsequent
   62  offense. A processor selling kratom products at retail does not
   63  violate subsection (4) if it is shown by a preponderance of the
   64  evidence that the processor relied in good faith upon the
   65  representations of a manufacturer, processor, packer, or
   66  distributor of a kratom product.
   67         (7)The department shall adopt rules for the administration
   68  and enforcement of this act, including, but not limited to,
   69  rules that:
   70         (a)Establish a procedure for a processor to register with
   71  the department to sell kratom products at retail; and
   72         (b)Require processors to provide the department, upon
   73  request, with information for each kratom product that the
   74  processor sells, prepares, manufactures, distributes, or
   75  maintains, including, but not limited to:
   76         1.The name and address of the processor and the name and
   77  address of the person whose name appears on the label, if other
   78  than the processor;
   79         2.The names of each kratom product included in the
   80  registration;
   81         3.The type of kratom product and the product’s recommended
   82  usage, including directions for use and the recommended serving
   83  size;
   84         4.The recommended method of consumption for the kratom
   85  product;
   86         5.The weights or volumes, as appropriate, of the kratom
   87  products for sale;
   88         6.A copy of the kratom product’s label;
   89         7.A written certification that the kratom product complies
   90  with subsection (4); and
   91         8.A certificate of analysis for the kratom product from an
   92  independent third-party laboratory that is accredited as a
   93  competent testing laboratory pursuant to ISO/IEC 17025:2017 of
   94  the International Organization for Standardization.
   95         Section 2. This act shall take effect July 1, 2021.