HB 861 2024
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hb0861-00
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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; amending s. 500.92, F.S.; defining the 3
terms "kratom extract" and "processor"; prohibiting 4
processors from selling, preparing, distributing, or 5
exposing for sale certain kratom products; prohibiting 6
processors from selling, delivering, bartering, 7
furnishing, or giving a kratom product to an 8
individual under 21 years of age; revising penalties; 9
providing an exception ; providing an effective date. 10
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Be It Enacted by the Legislature of the State of Florida: 12
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Section 1. Section 500.92, Florida Statutes, is amended to 14
read: 15
500.92 Florida Kratom Consumer Protection Act. — 16
(1) This section ma y be cited as the "Florida Kratom 17
Consumer Protection Act." 18
(2) As used in this section, the term : 19
(a) "Kratom extract" means a food product or dietary 20
ingredient that contains any part of the leaf of the plant 21
Mitragyna speciosa which has been extract ed and concentrated to 22
provide more standardized dosing. 23
(b) "Kratom product" means a food product, food 24
ingredient, dietary ingredient, dietary supplement, or beverage 25
HB 861 2024
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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
intended for human consumption which contains any part of the 26
leaf of the plant Mitragyna speciosa or an extract, synthetic 27
alkaloid, or synthetically derived compound of such plant and is 28
manufactured as a powder, capsule, pill, beverage, or other 29
edible form. 30
(c) "Processor" means a person who sells, prepares, 31
manufactures, distributes , or maintains kratom products. 32
(3) A processor may not sell, prepare, distribute, or 33
expose for sale a kratom product that: 34
(a) Does not include directions for the safe and effective 35
use of the product, including, but not limited to, a suggested 36
serving size, on the product's packaging or label. 37
(b) Has a label that contains any claim that the product 38
is intended to diagnose, treat, cure, or prevent any medical 39
condition or disease. 40
(4)(3) It is unlawful for a processor to sell, deliver, 41
barter, furnish, or give, directly or indirectly, any kratom 42
product to a person who is under 21 years of age. 43
(5)(4) A processor who violates subsection (3) is subject 44
to an administrative fine of not more than $500 for the first 45
offense and not more than $1,000 for the second or subsequent 46
offense. A processor selling kratom products at retail does not 47
violate subsection (3) if it is shown by a preponderance of the 48
evidence that the processor relied in good faith upon the 49
representations of a manufacturer, processor, packer, or 50
HB 861 2024
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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
distributor of the kratom product A violation of subsection (3) 51
is a misdemeanor of the second degree, punishable as provided in 52
s. 775.082 or s. 775.083 . 53
(6)(5) The department shall adopt rules to administer this 54
section. 55
Section 2. This act shall take effect July 1, 2024. 56