Florida Senate - 2024 SB 842
By Senator Perry
9-00471-24 2024842__
1 A bill to be entitled
2 An act relating to the Florida Kratom Consumer
3 Protection Act; amending s. 500.92, F.S.; defining
4 terms; prohibiting processors from selling, preparing,
5 distributing, or exposing for sale certain kratom
6 products or kratom extracts; providing civil penalties
7 for processors who violate certain provisions;
8 providing an exception; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 500.92, Florida Statutes, is amended to
13 read:
14 500.92 Florida Kratom Consumer Protection Act.—
15 (1) This section may be cited as the “Florida Kratom
16 Consumer Protection Act.”
17 (2) As used in this section, the term:
18 (a) “Kratom extract” means a food product or dietary
19 ingredient that contains any part of the leaf of the plant
20 Mitragyna speciosa which has been extracted and concentrated to
21 provide more standardized dosing.
22 (b) “Kratom product” means a food product, food ingredient,
23 dietary ingredient, dietary supplement, or beverage intended for
24 human consumption which contains any part of the leaf of the
25 plant Mitragyna speciosa or an extract, a synthetic alkaloid, or
26 a synthetically derived compound of such plant and is
27 manufactured as a powder, capsule, pill, beverage, or other
28 edible form.
29 (c) “Processor” means a person who sells, prepares,
30 manufactures, distributes, or maintains kratom products.
31 (3) A processor may not sell, prepare, distribute, or
32 expose for sale:
33 (a) A kratom product that meets any of the following
34 conditions:
35 1. Is adulterated with a dangerous non-kratom substance
36 that affects the quality or strength of the kratom product to
37 such a degree that it may injure a consumer.
38 2. Contains a poisonous or otherwise harmful non-kratom
39 ingredient, including, but not limited to, any substance listed
40 in s. 893.03.
41 3. Contains a level of 7-hydroxymitragynine in the alkaloid
42 fraction which is greater than 2 percent of the alkaloid
43 composition of the product.
44 4. Contains a synthetic alkaloid, including, but not
45 limited to, synthetic mitragynine, synthetic 7
46 hydroxymitragynine, or any other synthetically derived compound
47 of the plant Mitragyna speciosa.
48 5. Does not include directions for the safe and effective
49 use of the product, including, but not limited to, a suggested
50 serving size, on the product’s packaging or label.
51 6. Has a label that contains any claim that the product is
52 intended to diagnose, treat, cure, or prevent any medical
53 condition or disease.
54 (b) Kratom extract that contains levels of residual
55 solvents higher than the standards set forth in USP-NF chapter
56 467.
57 (4) It is unlawful to sell, deliver, barter, furnish, or
58 give, directly or indirectly, any kratom product to a person who
59 is 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 (6)(4) A violation of subsection (4) (3) is a misdemeanor
69 of the second degree, punishable as provided in s. 775.082 or s.
70 775.083.
71 (7)(5) The department shall adopt rules to administer this
72 section.
73 Section 2. This act shall take effect July 1, 2024.