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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; amending s. 2
500.92, F.S.; including additional provisions in the 3
Florida Kratom Consumer Protection Act; providing 4
definitions; requiring the Department of Agriculture 5
and Consumer Services to certify certain laboratories; 6
providing for the distribution and retail sale of 7
kratom products; revising and providing penalties; 8
authorizing the department to take certain acti ons 9
against licensees and permittees; providing 10
jurisdiction for certain law enforcement agencies; 11
creating s. 500.93, F.S.; providing definitions; 12
providing for mail order, Internet, and remote sales 13
of kratom products; providing applicability; providing 14
penalties; creating s. 500.94, F.S.; providing for the 15
seizure and destruction of contraband kratom products; 16
creating s. 500.95, F.S.; prohibiting the ingestion of 17
kratom products near school properties; providing 18
exceptions; providing penalties; amending ss. 565.04 19
and 565.045, F.S.; authorizing specified businesses to 20
sell kratom products; amending ss. 569.006 and 569.35, 21
F.S.; conforming provisions to changes made by the 22
act; providing an effective date. 23
24
Be It Enacted by the Legislature of the Stat e of Florida: 25
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26
Section 1. Section 500.92, Florida Statutes, is amended to 27
read: 28
500.92 Florida Kratom Consumer Protection Act. — 29
(1) SHORT TITLE.—Sections 500.92-500.95 This section may 30
be cited as the "Florida Kratom Consumer Protection Act." 31
(2) DEFINITIONS.—As used in this act section, the term: 32
(a) "Attractive to children" means manufactured in the 33
shape of or packaged in containers displaying humans, cartoons, 34
animals, toys, or other features that target children; 35
manufactured in a form or p ackaged in a container that bears any 36
reasonable resemblance to an existing candy or snack product 37
that is familiar to the public; manufactured in a form or 38
packaged in a container that bears any reasonable resemblance to 39
a branded food product such that t he product could be mistaken 40
for the branded food product, especially by children; or 41
containing any color additives. 42
(b) "Contaminants unsafe for human consumption" includes, 43
but is not limited to, any microbe, fungus, yeast, mildew, 44
herbicide, pesticide, fungicide, residual solvent, metal, or 45
other contaminant found in any amount that exceeds any of the 46
accepted limitations as determined by rules adopted by the 47
Department of Health in accordance with s. 381.986, or other 48
limitation pursuant to the laws of this state, whichever amount 49
is less. 50
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(c) "Independent testing laboratory" means a laboratory 51
that: 52
1. Does not have a direct or indirect interest in the 53
entity whose product is being tested; 54
2. Does not have a direct or indirect interest in a 55
facility that processes, distributes, dispenses, or sells kratom 56
products in this state or in another jurisdiction or cultivates, 57
processes, distributes, dispenses, or sells marijuana, as 58
defined in s. 381.986(1); and 59
3. Is certified by the Department of He alth as a medical 60
marijuana testing laboratory pursuant to s. 381.988 or is 61
certified by the department as being substantially equivalent to 62
a medical marijuana testing laboratory pursuant to subsection 63
(3). 64
(d) "Kratom product" means a food product, foo d 65
ingredient, dietary ingredient, dietary supplement, or beverage 66
intended for human consumption which contains any part of the 67
leaf of the plant Mitragyna speciosa or an extract, synthetic 68
alkaloid, or synthetically derived compound of such plant and is 69
manufactured as a powder, capsule, pill, beverage, or other 70
edible form. 71
(e) "Manufacturer" means any person or entity that engages 72
in the process of manufacturing, preparing, or packaging kratom 73
products. 74
(f) "Retailer" means any person or entity that sells 75
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kratom products to consumers. 76
(g) "Wholesaler" means any person or entity located within 77
or outside this state which delivers or sells products 78
containing kratom to retailers or other persons in this state 79
for purposes of resale. 80
(3) CERTIFICATION OF LABORATORIES. — 81
(a) The department must certify any laboratory located 82
within this state or another state which meets the 83
qualifications of an independent testing laboratory. However, a 84
medical marijuana testing laboratory certified pursuant to s. 85
381.988 is not required to receive certification by the 86
department. 87
(b) The department must adopt rules establishing the 88
standards for certification of independent testing laboratories 89
and testing kratom prod ucts in accordance with this section. The 90
Department of Health must assist the department in developing 91
rules for the certification of independent testing laboratories, 92
which must include, but are not limited to: 93
1. Security standards. 94
2. Minimum standards for personnel. 95
3. Sample collection methods and process standards. 96
4. Proficiency testing for Mitragynine, 7 -97
hydroxymitragynine, and contaminants unsafe for human 98
consumption, as determined by department rule. 99
5. Reporting content, format, and f requency. 100
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6. Audits and onsite inspections. 101
7. Quality assurance. 102
8. Equipment and methodology. 103
9. Chain of custody. 104
10. Any other standard the department deems necessary. 105
(c) The department shall renew the certification 106
biennially if the labor atory meets the requirements of this 107
section or any rules adopted under this section. The department 108
shall adopt rules establishing a procedure for initial 109
certification and biennial renewal. 110
(d) The department must publish on its website a list of 111
all laboratories that have received certification. 112
(e) The department may refuse to issue or renew, or may 113
suspend or revoke, the certification of an independent testing 114
laboratory that is found to be in violation of this section or 115
any rules adopted by the d epartment. 116
(f) A laboratory that receives certification from the 117
department under this subsection agrees to random unannounced 118
audits and onsite inspections by the department or its agents. 119
(4) DISTRIBUTION AND RETAIL SALE OF KRATOM PRODUCTS. — 120
(a) Kratom products may only be distributed and sold in 121
this state if all of the following conditions are met: 122
1. The kratom product: 123
a. Is not adulterated with a dangerous non -kratom 124
substance affecting the quality or strength of the product to a 125
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degree that renders the product injurious to a consumer. 126
b. Is not contaminated with contaminants unsafe for human 127
consumption or an otherwise deleterious non -kratom substance, 128
including a controlled substance; 129
c. Contains a level of 7 -hydroxymitragynine in th e 130
alkaloid fraction that is no more than 2 percent of the overall 131
alkaloid composition of the product; and 132
d. Does not contain any synthetic alkaloids, including 133
synthetic 7-hydroxymitragynine and synthetically derived 134
compounds from a plant of the Mitra gyna speciosa. 135
2. The kratom product is tested by the manufacturer, the 136
wholesaler, and the retailer by an independent testing 137
laboratory and the laboratory's certificate of analysis states 138
the kratom product was tested for: 139
a. Synthetic alkaloids. 140
b. 7-hydroxymitragynine. 141
c. Heavy metals. 142
d. Mycotoxins. 143
e. Pesticides. 144
f. Potency. 145
g. Residual solvents. 146
h. Any other controlled substance. 147
i. Any other substance the department deems necessary. 148
3. The kratom product is distributed or sold in a 149
container that includes: 150
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a. A scannable barcode or quick response code linked to 151
the certificate of analysis of the kratom product; 152
b. The kratom product testing number; and 153
c. The expiration date of the kratom product. 154
4. The kratom product i s distributed or sold in a 155
container that: 156
a. Is suitable to contain products for human consumption; 157
b. Is composed of materials designed to minimize exposure 158
to light; 159
c. Mitigates exposure to high temperatures; 160
d. Is a single color and is not tra nsparent; however, this 161
does not apply to the universal symbol; 162
e. Does not contain any pictures or images other than a 163
single logo, which may not be attractive to children and may not 164
cover more than 20 percent of the container; 165
f. Contains a clear an d conspicuous warning developed by 166
the department that the product is a kratom product; 167
g. Contains a universal symbol developed by the department 168
which indicates the presence of kratom; 169
h. Is not attractive to children; and 170
i. Is compliant with the United States Poison Prevention 171
Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without 172
regard to provided exemptions. For purposes of this sub -173
subparagraph, a beverage in a sealed container is considered 174
compliant with the United States Poison Preventi on Packaging Act 175
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of 1970, 15 U.S.C. ss. 1471 et seq. 176
(b) A wholesaler or retailer is not required to test its 177
kratom product in accordance with paragraph (a) if the product 178
is packaged in a container in a manner that may be sold to the 179
ultimate consumer when the wholesaler or retailer receives the 180
product from the manufacturer or wholesaler, the product was 181
tested in accordance with paragraph (a) by the manufacturer or 182
wholesaler, and the wholesaler or retailer does not open the 183
container. 184
(c) The retail sale and delivery of kratom products is 185
prohibited, except: 186
1. At an establishment that has a food permit from the 187
department and prohibits the presence of persons under 21 years 188
of age on the establishment's premises; 189
2. At an establishment that has a food permit from the 190
department and a quota license issued under s. 565.02(1)(a) -(f). 191
An establishment with a quota license issued under s. 192
565.02(1)(a)-(f) which allows the presence of persons under 21 193
years of age on the establishment's premises must place kratom 194
products, not including beverages, in an area inaccessible to 195
customers. Such an establishment may place kratom products, not 196
including beverages, in an open display unit as long as the unit 197
is located in an area that is inaccessible to custom ers; or 198
3. In accordance with the mail order, Internet, and remote 199
sales of kratom products requirements in s. 500.93. 200
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(d) Kratom products may not be sold, given, bartered, 201
furnished, or delivered to consumers at festivals, fairs, trade 202
shows, farmers markets, expositions, or pop -up retail 203
establishments. 204
(5)(3) AGE RESTRICTION.—It is unlawful to sell, deliver, 205
barter, furnish, or give, directly or indirectly, any kratom 206
product to a person who is under 21 years of age. 207
(6)(4) PENALTIES.—A person who violates subsection (4) or 208
subsection (5) commits a misdemeanor of the second degree, 209
punishable as provided in s. 775.082 or s. 775.083 for the first 210
offense. A person who commits a second offense within 12 months 211
after the first offense commits a misde meanor of the first 212
degree, punishable as provided in s. 775.082 or s. 775.083. A 213
person who commits a third or subsequent offense within 12 214
months after the second offense commits a felony of the third A 215
violation of subsection (3) is a misdemeanor of the second 216
degree, punishable as provided in s. 775.082 or s. 775.083. 217
(7) DEPARTMENTAL ACTION. —In addition to any other 218
penalties provided by law, the department may take any of the 219
following actions against any person licensed or permitted by 220
the department for a violation of this section: 221
(a) Place on probation or reprimand the licensee or 222
permitee; 223
(b) Revoke, suspend, or deny the issuance or renewal of 224
the license or permit; or 225
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(c) Impose an administrative fine not to exceed $5,000 per 226
violation and assess costs associated with investigation and 227
prosecution. 228
(8) ENFORCEMENT.—The department shall enforce this 229
section. Every state attorney, sheriff, police officer, and 230
other appropriate county or municipal officer shall enforce, or 231
assist any agent of the department in enforcing, this section 232
and rules adopted by the department. 233
(9)(5) RULES.—The department shall adopt rules to 234
administer this section. 235
Section 2. Section 500.93, Florida Statutes, is created to 236
read: 237
500.93 Mail order, Internet, and remote sales of kratom 238
products; age verification. — 239
(1) As used in this section, the term: 240
(a) "Consumer" means a person in this state who comes into 241
possession of any kratom products and who, at the time of 242
possession, does not inte nd to sell or distribute the kratom 243
products and is not a retailer. 244
(b) "Delivery sale" means any sale of kratom products to a 245
consumer in this state for which: 246
1. The consumer submits the order for the sale by 247
telephonic or other voice transmission, m ail, delivery service, 248
or the Internet or other online service; or 249
2. The kratom products are delivered by use of mail or a 250
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delivery service. 251
(c) "Delivery service" means any person engaged in the 252
commercial delivery of letters, packages, or other cont ainers. 253
(d) "Legal minimum purchase age" means the minimum age at 254
which a person may legally purchase kratom products in this 255
state. 256
(e) "Shipping container" means a container in which kratom 257
products are shipped in connection with a delivery sale. 258
(f) "Shipping document" means a bill of lading, airbill, 259
United States Postal Service form, or any other document used to 260
verify the undertaking by a delivery service to deliver letters, 261
packages, or other containers. 262
(2)(a) A sale of kratom products cons tituting a delivery 263
sale under paragraph (1)(b) is a delivery sale regardless of 264
whether the person accepting the order for the delivery sale is 265
located within or outside this state. 266
(b) A retailer must obtain a food permit from the 267
department under chap ter 500 before accepting an order for a 268
delivery sale. 269
(c) A person may not make a delivery sale of kratom 270
product to any person who is not 21 years of age or older. 271
(d) Each person accepting an order for a delivery sale 272
must comply with each of the fo llowing: 273
1. The age verification requirements set forth in 274
subsection (3). 275
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2. The notice requirements set forth in subsection (4). 276
3. The shipping requirements set forth in subsection (5). 277
(3) A person may not mail, ship, or otherwise deliver 278
kratom products in connection with an order for a delivery sale 279
unless, before the first delivery to the consumer, the person 280
accepting the order for the delivery sale: 281
(a) Obtains from the person submitting the order a 282
certification that includes: 283
1. Reliable confirmation that the person is 21 years of 284
age or older; and 285
2. A statement signed by the person in writing and under 286
penalty of perjury which: 287
a. Certifies the address and date of birth of the person; 288
and 289
b. Confirms that the person wants to receive delivery 290
sales from a kratom product retailer and understands that, under 291
the laws of the state, the following actions are illegal: 292
(I) Signing another person's name to the certification; 293
(II) Selling kratom products to persons who are not 21 294
years of age or older; and 295
(III) Purchasing kratom products if the person making the 296
purchase is not 21 years of age or older. 297
(b) Makes a good faith effort to verify the information 298
contained in the certification provided by the person under 299
paragraph (a) against a commercially available database that may 300
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be reasonably relied upon for accurate age information or 301
obtains a photocopy or other image of a valid government -issued 302
identification card stating the date of birth or age of the 303
person. 304
(c) Provides to the person, by e -mail or other means, a 305
notice meeting the requirements of subsection (4). 306
(d) If an order for kratom products is made pursuant to an 307
advertisement on the Internet, receives payment for the delivery 308
sale from the consumer by a cred it or debit card issued in the 309
name of the consumer, or by personal or company check of the 310
consumer. 311
(e) Submits, to each credit card acquiring company with 312
which the person has credit card sales, identification 313
information in an appropriate form and fo rmat so that the words 314
"kratom product" may be printed in the purchaser's credit card 315
statement when a purchase of kratom products is made by credit 316
card payment. 317
(f) Makes a telephone call after 5 p.m. to the purchaser 318
confirming the order before shippi ng the kratom products. The 319
telephone call may be a person -to-person call or a recorded 320
message. The person accepting the order for delivery sale is not 321
required to speak directly with a person and may leave a 322
recorded message. 323
324
In addition to the requirem ents of this subsection, a person 325
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accepting an order for a delivery sale may request that a 326
consumer provide an e -mail address. 327
(4) The notice described in paragraph (3)(c) must include 328
prominent and clearly legible statements that sales of kratom 329
products are: 330
(a) Illegal if made to persons who are not 21 years of age 331
or older. 332
(b) Restricted to those persons who provide verifiable 333
proof of age in accordance with subsection (3). 334
(5) Each person who mails, ships, or otherwise delivers 335
kratom products in connection with an order for a delivery sale 336
must: 337
(a) Ship the kratom products in a container that complies 338
with the container requirements in s. 500.92. 339
(b) Include as part of the shipping documents, in a clear 340
and conspicuous manner, the following statement: "Kratom 341
product: Florida law prohibits shipping to persons under 21 342
years of age." 343
(c) Use a method of mailing, shipping, or delivery which 344
obligates the delivery service to require proof that the person 345
accepting the order for the d elivery sale is 21 years of age or 346
older and resides at the address listed on the order label, by 347
reviewing a valid government -issued identification card bearing 348
a photograph of the person who signs to accept delivery of the 349
shipping container. 350
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351
If the person accepting a purchase order for a delivery sale 352
delivers the kratom products without using a delivery service, 353
the person must comply with all of the requirements of this 354
section which apply to a delivery service. Any failure to comply 355
with a requirement of this section constitutes a violation 356
thereof. 357
(6) This section does not apply to delivery sales of 358
kratom products to a retailer or wholesaler. 359
(7) A person 21 years of age or older who knowingly 360
violates any provision of this section commits a mi sdemeanor of 361
the second degree, punishable as provided in s. 775.082 or s. 362
775.083. 363
(8) The Attorney General, the Attorney General's designee, 364
or a state attorney may bring an action in the appropriate court 365
in the state to prevent or restrain violations of this section 366
by any person. 367
Section 3. Section 500.94, Florida Statutes, is created to 368
read: 369
500.94 Seizure and destruction of contraband kratom 370
products.—All kratom products sold, offered for sale, delivered, 371
or distributed contrary to any provi sion of s. 500.92 or s. 372
500.93 are declared to be contraband, are subject to seizure and 373
confiscation under the Florida Contraband Forfeiture Act by any 374
person whose duty it is to enforce those sections, and must be 375
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disposed of as follows: 376
(1) A court having jurisdiction shall order such kratom 377
products forfeited upon a showing that, by a preponderance of 378
the evidence, such products were sold, offered for sale, 379
delivered, or distributed contrary to any provision of s. 500.92 380
or s. 500.93. Upon completion of any chapter 120 proceedings 381
related to such products, the court shall order any seized 382
kratom products destroyed, except as provided by applicable 383
court orders. The officer who destroys such products shall keep 384
a record of the place at which such produc ts were seized, the 385
kinds and quantities of such products destroyed, and the time, 386
place, and manner of the destruction of such products and shall 387
make a return under oath reporting such destruction. 388
(2) The department or seizing law enforcement agency s hall 389
keep a full and complete record of all products seized under 390
this section showing: 391
(a) The exact kinds, quantities, and forms of such 392
products; 393
(b) The persons from whom such products were seized and to 394
whom such products were delivered; 395
(c) By whose authority such products were seized, 396
delivered, and destroyed; and 397
(d) The dates of the seizure, disposal, or destruction of 398
such products. 399
400
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Such record must be open to inspection by all persons charged 401
with the enforcement of ss. 500.92 and 500.93 . 402
(3) The cost of seizure, confiscation, and destruction of 403
contraband kratom products is borne by the person from whom such 404
products are seized. 405
(4) Except as otherwise provided in this section, the 406
procedures of the Florida Contraband Forfeiture Act apply to 407
this section. 408
Section 4. Section 500.95, Florida Statutes, is created to 409
read: 410
500.95 Ingesting kratom products prohibited near school 411
property; penalty.— 412
(1) A person may not ingest kratom products in, on, or 413
within 1,000 feet of the real property comprising a public or 414
private elementary, middle, or secondary school between the 415
hours of 6 a.m. and midnight. This section does not apply to any 416
person in a moving vehicle or within a private residence. 417
(2) A law enforcement officer may issu e a citation in such 418
form as prescribed by a county or municipality to any person who 419
violates this section. Such citation must contain: 420
(a) The date and time of issuance. 421
(b) The name and address of the person cited. 422
(c) The date and time the civil infraction was committed. 423
(d) The statute violated. 424
(e) The facts constituting the violation. 425
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(f) The name and authority of the law enforcement officer. 426
(g) The procedure for the person to follow to pay the 427
civil penalty, to contest the citation, o r to appear in court. 428
(h) The applicable civil penalty if the person elects not 429
to contest the citation. 430
(i) The applicable civil penalty if the person elects to 431
contest the citation. 432
(3) Any person issued a citation pursuant to this section 433
is charged with a civil infraction, punishable by a civil 434
penalty of up to $25, 50 hours of community service, or, if 435
available, successful completion of a school -approved, anti-436
drug, alternative-to-suspension program. 437
(4) Any person who fails to comply with the directions on 438
the citation waives his or her right to contest the citation, 439
and an order to show cause may be issued by the court. 440
Section 5. Subsection (1) of section 565.04, Florida 441
Statutes, is amended to read: 442
565.04 Package store restrictions. — 443
(1) Vendors licensed under s. 565.02(1)(a) shall not in 444
said place of business sell, offer, or expose for sale any 445
merchandise other than such beverages, and such places of 446
business shall be devoted exclusively to such sales; provided, 447
however, that such vendors shall be permitted to sell bitters; 448
grenadine; nonalcoholic mixer -type beverages, not to include 449
fruit juices produced outside this state; fruit juices produced 450
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in this state; home bar and party supplies and equipment, 451
including but not limited t o glassware and party -type foods; 452
miniatures of no alcoholic content; nicotine products; and 453
tobacco products. Such places of business shall have no openings 454
permitting direct access to any other building or room, except 455
to a private office or storage room of the place of business 456
from which patrons are excluded. Vendors licensed under 457
565.02(1)(a) may sell kratom products in accordance with the 458
Florida Kratom Consumer Protection Act. 459
Section 6. Paragraph (a) of subsection (2) of section 460
565.045, Florida Statutes, is amended to read: 461
565.045 Regulations for consumption on premises; penalty; 462
exemptions.— 463
(2)(a) There shall not be sold at such places of business 464
anything other than the beverages permitted, home bar and party 465
supplies and equipment (inc luding, but not limited to, glassware 466
and party-type foods), cigarettes, kratom products in accordance 467
with the Florida Kratom Consumer Protection Act, and what is 468
customarily sold in a restaurant. 469
Section 7. Section 569.006, Florida Statutes, is amend ed 470
to read: 471
569.006 Retail tobacco products dealers; administrative 472
penalties.—The division may suspend or revoke the permit of the 473
dealer upon sufficient cause appearing of the violation of any 474
of the provisions of s. 500.92, s. 500.93, or this chapter, 475
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including part II of this chapter if the dealer deals, at 476
retail, in nicotine products within the state or allows a 477
nicotine products vending machine to be located on its premises 478
within the state, by a dealer or by a dealer's agent or 479
employee. The division may also assess and accept administrative 480
fines of up to $1,000 against a dealer for each violation. The 481
division shall deposit all fines collected into the General 482
Revenue Fund as collected. An order imposing an administrative 483
fine becomes effective 1 5 days after the date of the order. The 484
division may suspend the imposition of a penalty against a 485
dealer, conditioned upon the dealer's compliance with terms the 486
division considers appropriate. 487
Section 8. Section 569.35, Florida Statutes, is amended to 488
read: 489
569.35 Retail nicotine product dealers; administrative 490
penalties.—The division may suspend or revoke the permit of a 491
dealer, including the retail tobacco products dealer permit of a 492
retail tobacco products dealer as defined in s. 569.002(4), upo n 493
sufficient cause appearing of the violation of any of the 494
provisions of s. 500.92, s. 500.93, or this part, by a dealer, 495
or by a dealer's agent or employee. The division may also assess 496
and accept an administrative fine of up to $1,000 against a 497
dealer for each violation. The division shall deposit all fines 498
collected into the General Revenue Fund as collected. An order 499
imposing an administrative fine becomes effective 15 days after 500
CS/HB 1489 2025
CODING: Words stricken are deletions; words underlined are additions.
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the date of the order. The division may suspend the imposition 501
of a penalty against a dealer, conditioned upon the dealer's 502
compliance with terms the division considers appropriate. 503
Section 9. This act shall take effect July 1, 2025. 504