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FL S0994

FL S0994
Florida Kratom Consumer Protection Act


summary

Introduced
12/22/2025
In Committee
01/07/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

An act relating to the Florida Kratom Consumer Protection Act; amending s. 500.92, F.S.; defining terms; revising the definition of the term “kratom product”; 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; prohibiting specified operations; prohibiting exemptions from certain requirements; requiring certain processors to be properly registered with the United States Food and Drug Administration; requiring processors to comply with certain regulations; requiring processors to maintain product liability insurance with a specified occurrence limit; requiring processors of a finished kratom product to retain and submit a certificate of analysis from an accredited laboratory to the Department of Agriculture and Consumer Services for each batch of finished kratom product; specifying requirements for such laboratory; prohibiting processors from having any financial or economic interest in such laboratory or the body accrediting such laboratory; requiring processors to maintain their certificates of analysis for a specified amount of time after the finished kratom product’s expiration date; requiring that the certificate of analysis demonstrate that the finished kratom product is in compliance with statutory and rule concentration limits for specified substances; requiring that certain finished kratom products comply with product registration and testing requirements; providing an exception; providing nonapplicability; 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; requiring a processor or the department to submit a certain report to the United States Food and Drug Administration if a processor or the department receives a certain notice; authorizing the department to conduct an independent third-party test of a kratom product if probable cause exists that the product is adulterated; requiring the processor to pay the testing cost; authorizing the department to revoke the processor’s product registration if the processor fails to pay for such test within a specified timeframe; providing prohibitions; providing criminal penalties; providing that certain kratom products are subject to a stop-sale order; authorizing the department to revoke a processor’s finished kratom product registration under certain circumstances; providing that a processor whose kratom product contains a controlled substance or other prohibited substances is in violation of the act; authorizing the levying of administrative fines for laboratories that fail to comply with certain requirements; providing an appropriation; providing an effective date.

AI Summary

This bill establishes the Florida Kratom Consumer Protection Act, which comprehensively regulates the processing, sale, and distribution of kratom products in the state. The bill requires kratom products to meet strict standards, including specific packaging and labeling requirements, such as mandatory warnings about potential health risks, age restrictions (21 and over), and detailed consumption instructions. Processors must obtain a permit from the Department of Agriculture and Consumer Services, be registered with the FDA, maintain $3 million in product liability insurance, and submit certificates of analysis from accredited laboratories for each product batch. The bill prohibits selling kratom products to minors, combining kratom with psychoactive substances, and creating products that are attractive to children. Violations can result in misdemeanor charges, product stop-sale orders, and potential registration revocations. The legislation aims to ensure consumer safety by establishing rigorous quality control measures, mandating clear product information, and preventing sales to vulnerable populations. The bill will take effect on October 1, 2026, and includes an appropriation of over $1.9 million to support its implementation by the Department of Agriculture and Consumer Services.

Sponsors (2)

Last Action

Senate Commerce and Tourism Hearing (08:30:00 1/21/2026 110 Senate Building) (on 01/21/2026)

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