Florida Senate - 2023 SENATOR AMENDMENT Bill No. CS/HB 179, 1st Eng. Ì730292#Î730292 LEGISLATIVE ACTION Senate . House . . . Floor: 1/R/2R . Floor: RC 05/04/2023 05:03 PM . 05/03/2023 05:23 PM ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Gruters moved the following: 1 Senate Substitute for Amendment (330544) (with title 2 amendment) 3 4 Delete everything after the enacting clause 5 and insert: 6 Section 1. Section 501.9745, Florida Statutes, is created 7 to read: 8 501.9745 Kratom products; prohibition; penalties.— 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 product” means a food product, food ingredient, 13 dietary ingredient, dietary supplement, or beverage intended for 14 human consumption which contains any part of the leaf of the 15 plant Mitragyna speciosa or an extract of such plant and is 16 manufactured as a powder, capsule, pill, or beverage or any 17 other edible form. 18 (b) “Processor” means a person who sells, prepares, 19 manufactures, distributes, or maintains kratom products. 20 (3) PROHIBITIONS.—A processor may not sell, distribute, or 21 expose for sale any kratom product to an individual under 21 22 years of age. 23 (4) VIOLATIONS.—A person who violates this section commits 24 a misdemeanor of the second degree, punishable as provided in s. 25 775.082 or s. 775.083. 26 (5) RULES.—The department shall adopt rules to administer 27 this section. 28 Section 2. Effective July 1, 2024, section 501.9745, 29 Florida Statutes, as created by this act, is amended to read: 30 (Substantial rewording of section. See 31 s. 501.9745, F.S., as created by this act, 32 for present text.) 33 501.9745 Kratom products; prohibitions; registration; 34 penalties.— 35 (1) SHORT TITLE.—This section may be cited as the “Florida 36 Kratom Consumer Protection Act.” 37 (2) DEFINITIONS.—As used in this section, the term: 38 (a) “Kratom extract” means a food product or dietary 39 ingredient that contains any part of the leaf of the plant 40 Mitragyna speciosa which has been extracted and concentrated to 41 provide more standardized dosing. 42 (b) “Kratom product” means a food product, food ingredient, 43 dietary ingredient, dietary supplement, or beverage intended for 44 human consumption which contains any part of the leaf of the 45 plant Mitragyna speciosa or an extract of such plant and is 46 manufactured as a powder, capsule, pill, or beverage or any 47 other edible form. 48 (c) “Processor” means a person who sells, prepares, 49 manufactures, distributes, or maintains kratom products. 50 (3) PROHIBITIONS.— 51 (a) A processor may not sell, prepare, distribute, or 52 expose for sale: 53 1. A kratom product that: 54 a. Is adulterated with a dangerous non-kratom substance 55 that affects the quality or strength of the kratom product to 56 such a degree that it may injure a consumer. 57 b. Contains a poisonous or otherwise harmful non-kratom 58 ingredient, including, but not limited to, any substance listed 59 in s. 893.03. 60 c. Contains a level of 7-hydroxymitragynine in the alkaloid 61 fraction which is greater than 1 percent of the alkaloid 62 composition of the product. 63 d. Contains a synthetic alkaloid, including, but not 64 limited to, synthetic mitragynine, synthetic 7 65 hydroxymitragynine, or any other synthetically derived compound 66 of the plant Mitragyna speciosa. 67 e. Does not include directions for the safe and effective 68 use of the product, including, but not limited to, a suggested 69 serving size, on the product’s packaging or label. 70 f. Has a label that contains any claim that the product is 71 intended to diagnose, treat, cure, or prevent any medical 72 condition or disease. 73 2. Kratom extract that contains levels of residual solvents 74 higher than the standards set forth in USP-NF chapter 467. 75 (b) A processor may not sell, distribute, or expose for 76 sale any kratom product to an individual under 21 years of age. 77 (4) REGISTRATION.—A person who manufactures kratom products 78 shall annually register with the department any kratom product 79 intended for sale to an end consumer in this state which is in 80 an approved kratom delivery form. The registration must include 81 a certificate of analysis from an independent, certified third 82 party laboratory which shows that the kratom product is in 83 compliance with the requirements of this section for safe kratom 84 products. 85 (5) REPORTING REQUIREMENTS.— 86 (a) If the department receives a report that any kratom 87 product offered for sale in this state is not in compliance with 88 the requirements of this section for safe kratom products, the 89 department must require the manufacturer to produce an updated 90 certificate of analysis in a reasonable timeframe from an 91 independent, certified third-party laboratory which shows that 92 the kratom product is in compliance with the requirements of 93 this section for safe kratom products. 94 (b) If a manufacturer receives notice of an adverse event 95 related to the manufacturer’s kratom product, the manufacturer 96 must submit by certified mail to the department a copy of the 97 adverse event report required to be submitted to the United 98 States Food and Drug Administration under the Federal Food, 99 Drug, and Cosmetic Act, 21 U.S.C. s. 379aa-1(b)(1). 100 (c) If a manufacturer fails to provide the department with 101 an updated certificate of analysis within the specified 102 timeframe or fails to report an adverse event to the department 103 as required by this subsection, the department may revoke the 104 manufacturer’s kratom product registration. 105 (6) VIOLATIONS.— 106 (a) A person who violates this section commits a 107 misdemeanor of the second degree, punishable as provided in s. 108 775.082 or s. 775.083. 109 (b) A processor that sells kratom products at retail does 110 not violate this section if it is shown by a preponderance of 111 the evidence that the processor relied in good faith upon the 112 representations of a manufacturer, processor, packer, or 113 distributor of food represented to be a kratom product. 114 (7) RULES.—The department shall adopt rules to administer 115 this section. 116 Section 3. Except as otherwise expressly provided in this 117 act, this act shall take effect upon becoming a law. 118 119 ================= T I T L E A M E N D M E N T ================ 120 And the title is amended as follows: 121 Delete everything before the enacting clause 122 and insert: 123 A bill to be entitled 124 An act relating to the Florida Kratom Consumer 125 Protection Act; creating s. 501.9745, F.S.; providing 126 a short title; defining the terms “kratom product” and 127 “processor”; prohibiting processors from distributing, 128 selling, or exposing for sale any kratom product to an 129 individual under 21 years of age; providing criminal 130 penalties; requiring the Department of Agriculture and 131 Consumer Services to adopt rules; defining the term 132 “kratom extract”; prohibiting processors, beginning on 133 a specified date, from selling, preparing, 134 distributing, or exposing for sale certain kratom 135 products; requiring manufacturers to annually register 136 kratom products with the department; providing 137 requirements for such registration; requiring 138 manufacturers to report certain violations and adverse 139 events to the department; providing for the revocation 140 of a manufacturer’s kratom product registration under 141 certain circumstances; providing criminal penalties; 142 providing an exception; requiring the department to 143 adopt rules; providing effective dates.