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