Florida Senate - 2023 SENATOR AMENDMENT Bill No. CS/HB 179, 1st Eng. Ì330544ÉÎ330544 LEGISLATIVE ACTION Senate . House . . . Floor: 1/RS/2R . 04/27/2023 05:34 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Gruters moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 501.9745, Florida Statutes, is created 6 to read: 7 501.9745 Kratom products; processor prohibitions; 8 registration; fines.— 9 (1) SHORT TITLE.—This section may be cited as the “Florida 10 Kratom Consumer Protection Act.” 11 (2) DEFINITIONS.—As used in this section, the term: 12 (a) “Kratom extract” means a food product or dietary 13 ingredient that contains any part of the leaf of the plant 14 Mitragyna speciosa which has been extracted and concentrated to 15 provide more standardized dosing. 16 (b) “Kratom product” means a food product, food ingredient, 17 dietary ingredient, dietary supplement, or beverage intended for 18 human consumption which contains any part of the leaf of the 19 plant Mitragyna speciosa or an extract of such plant and is 20 manufactured as a powder, capsule, pill, or beverage or any 21 other edible form. 22 (c) “Processor” means a person who sells, prepares, 23 manufactures, distributes, or maintains kratom products. 24 (3) PROHIBITIONS.— 25 (a) A processor may not sell, prepare, distribute, or 26 expose for sale: 27 1. A kratom product that: 28 a. Is adulterated with a dangerous non-kratom substance 29 that affects the quality or strength of the kratom product to 30 such a degree that it may injure a consumer. 31 b. Contains a poisonous or otherwise harmful non-kratom 32 ingredient, including, but not limited to, any substance listed 33 in s. 893.03. 34 c. Contains a level of 7-hydroxymitragynine in the alkaloid 35 fraction which is greater than 1 percent of the alkaloid 36 composition of the product. 37 d. Contains a synthetic alkaloid, including, but not 38 limited to, synthetic mitragynine, synthetic 7 39 hydroxymitragynine, or any other synthetically derived compound 40 of the plant Mitragyna speciosa. 41 e. Does not include directions for the safe and effective 42 use of the product, including, but not limited to, a suggested 43 serving size, on the product’s packaging or label. 44 f. Has a label that contains any claim that the product is 45 intended to diagnose, treat, cure, or prevent any medical 46 condition or disease. 47 2. Kratom extract that contains levels of residual solvents 48 higher than the standards set forth in USP-NF chapter 467. 49 (b) A processor may not sell, distribute, or expose for 50 sale a kratom product to an individual under 21 years of age. 51 (4) REGISTRATION.—A processor shall annually register with 52 the department any kratom product it intendeds to offer for sale 53 to an end consumer in this state which is in an approved kratom 54 delivery form. The registration must include a certificate of 55 analysis from an independent certified third-party laboratory 56 which shows that the kratom product is in compliance with the 57 requirements of this section for safe kratom products. The 58 Department of Agriculture and Consumer Services is not required 59 to test or inspect kratom products pursuant to chapter 500; 60 however, nothing prohibits the department from performing tests 61 and conducting inspections based on consumer complaints, based 62 on agency referrals, or as the department deems necessary. 63 (5) REPORTING REQUIREMENTS.— 64 (a) If the department receives a report that any kratom 65 product offered for sale in this state is not in compliance with 66 the requirements of this section for safe kratom products, the 67 department must require the processor to produce an updated 68 certificate of analysis in a reasonable timeframe from an 69 independent certified third-party laboratory which shows that 70 the kratom product is in compliance with the requirements of 71 this section for safe kratom products. 72 (b) If a processor receives notice of an adverse event 73 related to its kratom product, the processor must submit via 74 certified mail to the department a copy of the adverse event 75 report required to be submitted to the United States Food and 76 Drug Administration under the Federal Food, Drug, and Cosmetic 77 Act, 21 U.S.C. s. 379aa-1(b)(1). 78 (c) If a processor fails to provide the department with an 79 updated certificate of analysis within the specified timeframe 80 or fails to report an adverse event to the department as 81 required by this subsection, the department may revoke the 82 processor’s kratom product registration. 83 (6) VIOLATIONS.— 84 (a) A person who violates this section commits a 85 misdemeanor of the second degree, punishable as provided in s. 86 775.082 or s. 775.083. 87 (b) A processor that sells kratom products at retail does 88 not violate this section if it is shown by a preponderance of 89 the evidence that the processor relied in good faith upon the 90 representations of a manufacturer, processor, packer, or 91 distributor of food represented to be a kratom product. 92 (7) RULES.—The department shall adopt rules to administer 93 this section. 94 Section 2. This act shall take effect July 1, 2024. 95 96 ================= T I T L E A M E N D M E N T ================ 97 And the title is amended as follows: 98 Delete everything before the enacting clause 99 and insert: 100 A bill to be entitled 101 An act relating to the Florida Kratom Consumer 102 Protection Act; creating s. 501.9745, F.S.; providing 103 a short title; defining terms; prohibiting processors 104 from selling, preparing, distributing, or exposing for 105 sale certain kratom products; prohibiting processors 106 from distributing, selling, or exposing for sale a 107 kratom product to an individual under 21 years of age; 108 requiring processors to annually register kratom 109 products with the Department of Agriculture and 110 Consumer Services; providing requirements for such 111 registration; providing construction; requiring 112 processors to report certain violations and adverse 113 events to the department; providing for the revocation 114 of a processor’s kratom product registration under 115 certain circumstances; providing criminal penalties; 116 providing an exception; requiring the department to 117 adopt rules; providing an effective date.