The Florida Senate
HOUSE MESSAGE SUMMARY
Prepared By: The Professional Staff of the Committee on Commerce and Tourism
[2023h00179.hms.cm]
BILL: CS/HB 179, Engrossed 1 (CS/CS/SB 136)
INTRODUCER: Regulatory Reform & Economic Development Subcommittee; Andrade and
others (Appropriations Committee on AEG; Commerce and Tourism; Senator
Gruters
SUBJECT: Florida Kratom Consumer Protection Act
DATE: May 4, 2023
I.Amendments Contained in Message:
Senate Amendment – 730292 (body with title)
II.Summary of Amendments Contained in Message:
Senate Amendment – 730292 defines the terms “kratom product” and “processor,” and
provides that a processor may not sell, prepare, manufacture, distribute, or expose for sale any
kratom product to an individual under 21 years of age. A person who violates that prohibition
commits a second degree misdemeanor. These provisions take effect upon becoming a law.
Section 2 of the substitute amendment takes effect on July 1, 2024, and substantially rewords the
act. The rewording adds a defintion for “kratom extract” and provides that a processor is
prohibited from selling, preparing, distributing, or exposing for sale a kratom product that: (1) is
adulterated with a dangerous non-kratom substance; (2) contains a poisonous or otherwise
harmful non-kratom ingredient; (3) contains a level of 7-hydroxymitragynine in the alkaloid
fraction which is greater than 1 percent of the alkaloid composition of the product; (4) contains a
synthetic alkaloid; (5) does not include directions for the safe and effect use of the product; and
(6) has a label that contains any claim that the product is intended to diagnose, treat, cure, or
prevent any medical condition or disease. Selling, preparing, distributing, or exposing for sale
kratom extract that contains levels of residual solvents higher than the standards set forth in
USP-NF chapter 467 is also prohibited. Additionally, a processor is required to annually register
with the Department of Agriculture and Consumer Services any kratom product it intends to
offer for sale to an end consumer in Florida which is in an approved kratom delivery form. The
DACS is not required to test or inspect kratom products, but may test or inspect as it deems
necessary. The rewording also provides certain reporting requirements.