No. SB 994
Filed under Agriculture.
Florida Kratom Consumer Protection Act; Requiring that finished kratom products sold to consumers at certain establishments meet certain requirements; requiring that kratom products be manufactured only by a processor who holds a certain permit issued by the Department of Agriculture and Consumer Services; providing requirements for finished kratom products produced in this state and subsequently shipped or transported out of this state for sale outside of this state; providing that a processor whose kratom product contains a controlled substance or other prohibited substances is in violation of the act, etc. APPROPRIATION: $3,711,749
Plain English Summary
AI-GENERATEDAnyone making kratom products for sale in Florida must hold a state processor permit, register with the FDA, follow federal manufacturing rules, and carry at least $3 million in product liability insurance.
Every batch needs an independent lab test confirming safe levels of alkaloids, heavy metals, and pesticides, and finished products need detailed dosage and warning labels, including a 100-milligram-per-serving alkaloid cap.
Retailers can sell kratom only in stores, bars, or counters that restrict entry to adults 21 and older and check identification, and may not serve it mixed with alcohol or other psychoactive substances.
The legal definition of a regulated 'kratom product' now covers only material containing the plant's leaf, dropping the extracts and synthetic derivatives the current law also covers.
AIFinished kratom products may be sold only in retail establishments -- including convenience stores, food establishments, and kava or kratom bars -- that themselves restrict entry to people 21 and older and require age verification before a sale.
AIKratom products may be made or distributed in Florida only by a processor holding a Department of Agriculture and Consumer Services food-establishment permit. Processors cannot use the cottage food exemption or any other small-batch food permit exemption.
AIEvery finished kratom product sold at retail must list milligrams of mitragynine and 7-hydroxymitragynine per serving, cap alkaloid dosage at 100 milligrams per serving, and carry warnings against use by minors, pregnant people, and combining with other substances.
AIEvery kratom processor must register with the U.S. Food and Drug Administration, follow the federal current-good-manufacturing-practice rules for food, and maintain product liability insurance with an occurrence limit of at least $3 million.
AIFor each batch, the processor must retain and, on request, hand the department a certificate of analysis from an independently accredited lab showing the product meets limits for alkaloids, residual solvents, heavy metals, and pesticides, kept on file for a year past expiration.
AIThe definition of a 'kratom product' drops coverage of extracts and of any synthetic or synthetically derived compound of the plant, so only items containing actual leaf material of Mitragyna speciosa still count as a kratom product under this section.
AIServing a kratom beverage combined with alcohol, other drugs, or additional kratom products is unlawful, and separately, no finished kratom product may be served mixed with alcohol, caffeine, kava, cannabinoids, or nicotine.