Florida 2022 Regular Session

Florida House Bill H1071 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	HB 1071 2022
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1071-00
9	9	Page 1 of 4
10	10	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
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to kratom products; creating s. 2
16	16	500.92, F.S.; providing a short title; providing 3
17	17	definitions; prohibiting manufacturers from preparing, 4
18	18	packaging, distributing, selling, or exposing for sale 5
19	19	certain kratom products; providing a limitation on the 6
20	20	sale of kratom products; providing penalties; 7
21	21	providing that retailers are not liable for the sale 8
22	22	of unlawful kratom products under certain 9
23	23	circumstances; requiring the Department of Agriculture 10
24	24	and Consumer Services to adopt rules; providing an 11
25	25	effective date. 12
26	26	13
27	27	Be It Enacted by the Legislature of the State of Florida: 14
28	28	15
29	29	Section 1. Section 500.92, Florida Statutes, is created to 16
30	30	read: 17
31	31	500.92 Kratom products.— 18
32	32	(1) This section may be cited as the "Kratom Consumer 19
33	33	Protection Act." 20
34	34	(2) As used in this section, the term: 21
35	35	(a) "Kratom product" means a food, food ingredient, food 22
36	36	product, dietary ingredient, dietary supplement, or beverage f or 23
37	37	human consumption that contains any part of the leaf of the 24
38	38	plant Mitragyna speciosa, including any extracts, derivatives, 25
39	39
40	40	HB 1071 2022
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb1071-00
46	46	Page 2 of 4
47	47	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
48	48
49	49
50	50
51	51	or compounds thereof, which is manufactured as a powder, 26
52	52	capsule, pill, beverage, or other edible form. 27
53	53	(b) "Manufacturer" means a person who is engaged in 28
54	54	preparing, propagating, compounding, processing, packaging, 29
55	55	repackaging, or labeling of kratom products, and who advertises, 30
56	56	represents, or holds himself or herself out as distributing, 31
57	57	selling, or exposing for sale kratom produ cts. 32
58	58	(c) "Retailer" means a person who sells, distributes, 33
59	59	advertises, represents, or holds himself or herself out as 34
60	60	maintaining, selling, or exposing for sale kratom products. 35
61	61	(3) A manufacturer may not prepare, package, distribute, 36
62	62	sell, or expose for sale any of the following: 37
63	63	(a) A kratom product that is not manufactured in 38
64	64	compliance with requirements for current good manufacturing 39
65	65	practices under the Federal Food, Drug, and Cosmetics Act. 40
66	66	(b) A kratom product that is adulterated with a 41
67	67	deleterious nonkratom substance. A kratom product is adulterated 42
68	68	with a deleterious nonkratom substance if it is mixed or packed 43
69	69	with any substance, including, but not limited to, the 44
70	70	substances listed in s. 893.03, which affects the quality or 45
71	71	strength of the kratom product to such a degree as to render it 46
72	72	injurious to a consumer. 47
73	73	(c) A kratom extract that contains levels of residual 48
74	74	solvents which exceed the levels under chapter 467 of the United 49
75	75	States Pharmacopeia. 50
76	76
77	77	HB 1071 2022
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1071-00
83	83	Page 3 of 4
84	84	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
85	85
86	86
87	87
88	88	(d) A kratom product that contains a lev el of 7-51
89	89	hydroxymitragynine in the alkaloid fraction which is greater 52
90	90	than 2 percent of the overall alkaloid composition of the 53
91	91	product. 54
92	92	(e) A kratom product that contains any synthetic alkaloid, 55
93	93	including, but not limited to, synthetic mitragynine, synthetic 56
94	94	7-hydroxymitragynine, or any other synthetically derived 57
95	95	compounds of the kratom plant. 58
96	96	(f) A kratom product that does not adhere to the labeling 59
97	97	directions necessary for safe and effective consumption by 60
98	98	consumers, including a recommended serving size, under the 61
99	99	Federal Food, Drug, and Cosmetics Act. 62
100	100	(4) Kratom products may not be distributed, sold, or 63
101	101	exposed for sale in the state to a person who is younger than 18 64
102	102	years of age. 65
103	103	(5)(a) A manufacturer who violates subsection (3) is 66
104	104	subject to an administrative fine of not more than $500 for the 67
105	105	first offense and not more than $1,000 for a second or 68
106	106	subsequent offense. 69
107	107	(b) A manufacturer or retailer who violates subsection (4) 70
108	108	is subject to an administrative fine of not more than $500 for 71
109	109	the first offense and not more than $1,000 for a second or 72
110	110	subsequent offense. 73
111	111	(6) A retailer is not liable for the sale of an unlawful 74
112	112	kratom product if it is shown by a preponderance of the evidence 75
113	113
114	114	HB 1071 2022
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb1071-00
120	120	Page 4 of 4
121	121	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
122	122
123	123
124	124
125	125	that the retailer relied in good faith upon the representation 76
126	126	of a manufacturer that the product is a lawful kratom product. 77
127	127	(7) The department shall adopt rules to administer and 78
128	128	enforce this section. 79
129	129	Section 2. This act shall take effect July 1, 2022. 80