Florida Senate - 2022                                    SB 1076
       By Senator Gruters
       23-01139-22                                           20221076__
    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 “kratom extract,”
    5         “kratom product,” and “processor”; prohibiting
    6         processors from selling, preparing, distributing, or
    7         exposing for sale certain kratom products; prohibiting
    8         processors from distributing, selling, or exposing for
    9         sale a kratom product to an individual under 21 years
   10         of age; providing civil penalties; providing an
   11         exception; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Section 501.9745, Florida Statutes, is created
   16  to read:
   17         501.9745 Florida Kratom Consumer Protection Act.—
   18         (1)This section may be cited as the “Florida Kratom
   19  Consumer Protection Act.”
   20         (2)As used in this section, the term:
   21         (a)“Kratom extract” means a food product or dietary
   22  ingredient that contains any part of the leaf of the plant
   23  Mitragyna speciosa which has been extracted and concentrated to
   24  provide more standardized dosing.
   25         (b)“Kratom product” means a food product, food ingredient,
   26  dietary ingredient, dietary supplement, or beverage intended for
   27  human consumption which contains any part of the leaf of the
   28  plant Mitragyna speciosa or an extract of such plant and is
   29  manufactured as a powder, capsule, pill, beverage, or other
   30  edible form.
   31         (c)“Processor” means a person who sells, prepares,
   32  manufactures, distributes, or maintains kratom products.
   33         (3)A processor may not sell, prepare, distribute, or
   34  expose for sale:
   35         (a)A kratom product that:
   36         1.Is adulterated with a dangerous non-kratom substance
   37  that affects the quality or strength of the kratom product to
   38  such a degree that it may injure a consumer.
   39         2.Contains a poisonous or otherwise harmful non-kratom
   40  ingredient, including, but not limited to, any substance listed
   41  in s. 893.03.
   42         3.Contains a level of 7-hydroxymitragynine in the alkaloid
   43  fraction which is greater than 2 percent of the alkaloid
   44  composition of the product.
   45         4.Contains a synthetic alkaloid, including, but not
   46  limited to, synthetic mitragynine, synthetic 7
   47  hydroxymitragynine, or any other synthetically derived compound
   48  of the plant Mitragyna speciosa.
   49         5.Does not include directions for the safe and effective
   50  use of the product, including, but not limited to, a suggested
   51  serving size, on the product’s packaging or label.
   52         6.Has a label that contains any claim that the product is
   53  intended to diagnose, treat, cure, or prevent any medical
   54  condition or disease.
   55         (b)Kratom extract that contains levels of residual
   56  solvents higher than the standards set forth in USP-NF chapter
   57  467.
   58         (4)A processor may not distribute, sell, or expose for
   59  sale a kratom product to an individual under 21 years of age.
   60         (5)A processor who violates subsection (3) is subject to
   61  an administrative fine of not more than $500 for the first
   62  offense and not more than $1,000 for the second or subsequent
   63  offense. A processor selling kratom products at retail does not
   64  violate subsection (3) if it is shown by a preponderance of the
   65  evidence that the processor relied in good faith upon the
   66  representations of a manufacturer, processor, packer, or
   67  distributor of the kratom product.
   68         Section 2. This act shall take effect July 1, 2022.