Bill Text: FL S0842 | 2024 | Regular Session | Introduced
Bill Title: Florida Kratom Consumer Protection Act
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-08 - Died in Appropriations Committee on Agriculture, Environment, and General Government [S0842 Detail]
Download: Florida-2024-S0842-Introduced.html
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.