HB 179 2023
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hb0179-00
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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 the Florida Kratom Consumer 2
Protection Act; creating s. 501.9745, F.S.; providing 3
a short title; defining the terms "kratom extract," 4
"kratom product," and "processor"; prohibiting 5
processors from selling, preparing, distributing, or 6
exposing for sale certain kratom products; prohibiting 7
processors from distributing, selling, or exposing for 8
sale a kratom product to an individual under 2 1 years 9
of age; providing civil penalties; providing an 10
exception; providing an effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
14
Section 1. Section 501.9745, Florida Statutes, is created 15
to read: 16
501.9745 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
HB 179 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0179-00
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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
ingredient, dietary ingredient, dietary supplement, or beverage 26
intended for human consumption which contains any part of the 27
leaf of the plant Mitragyna speciosa or an extract of such plant 28
and is manufactured as a powder, capsule, pill, beverage, or 29
other edible form. 30
(c) "Processor" means a person who sells, prepares, 31
manufactures, distributes, or ma intains kratom products. 32
(3) A processor may not sell, prepare, distribute, or 33
expose for sale: 34
(a) A kratom product that: 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 42
alkaloid fraction which is grea ter than 2 percent of the 43
alkaloid 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
HB 179 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0179-00
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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
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) A processor may not distribute, sell, or expose for 58
sale a kratom product to an individual under 21 years of age. 59
(5) A processor who violates subsection (3) is subject to 60
an administrative fine of not more than $500 for the first 61
offense and not more than $1,000 for the second or subsequent 62
offense. A processor selling kratom products at retail does not 63
violate subsection (3) if it is shown by a preponderance of the 64
evidence that the processor relied in good faith upon the 65
representations of a manufacturer, processor, packer, or 66
distributor of the kratom product . 67
Section 2. This act shall take effect July 1, 2023. 68