F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 861 2024
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 the
4 terms "kratom extract" and "processor"; prohibiting
5 processors from selling, preparing, distributing, or
6 exposing for sale certain kratom products; prohibiting
7 processors from selling, delivering, bartering,
8 furnishing, or giving a kratom product to an
9 individual under 21 years of age; revising penalties;
10 providing an exception; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 500.92, Florida Statutes, is amended to
15 read:
16 500.92 Florida Kratom Consumer Protection Act.—
17 (1) This section may be cited as the "Florida Kratom
18 Consumer Protection Act."
19 (2) As used in this section, the term:
20 (a) "Kratom extract" means a food product or dietary
21 ingredient that contains any part of the leaf of the plant
22 Mitragyna speciosa which has been extracted and concentrated to
23 provide more standardized dosing.
24 (b) "Kratom product" means a food product, food
25 ingredient, dietary ingredient, dietary supplement, or beverage
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26 intended for human consumption which contains any part of the
27 leaf of the plant Mitragyna speciosa or an extract, synthetic
28 alkaloid, or synthetically derived compound 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 a kratom product that:
35 (a) Does not include directions for the safe and effective
36 use of the product, including, but not limited to, a suggested
37 serving size, on the product's packaging or label.
38 (b) Has a label that contains any claim that the product
39 is intended to diagnose, treat, cure, or prevent any medical
40 condition or disease.
41 (4)(3) It is unlawful for a processor to sell, deliver,
42 barter, furnish, or give, directly or indirectly, any kratom
43 product to a person who is under 21 years of age.
44 (5)(4) A processor who violates subsection (3) is subject
45 to an administrative fine of not more than $500 for the first
46 offense and not more than $1,000 for the second or subsequent
47 offense. A processor selling kratom products at retail does not
48 violate subsection (3) if it is shown by a preponderance of the
49 evidence that the processor relied in good faith upon the
50 representations of a manufacturer, processor, packer, or
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51 distributor of the kratom product A violation of subsection (3)
52 is a misdemeanor of the second degree, punishable as provided in
53 s. 775.082 or s. 775.083.
54 (6)(5) The department shall adopt rules to administer this
55 section.
56 Section 2. This act shall take effect July 1, 2024.
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Statutes affected:
H 861 Filed: 500.92