HB 1489 — Kratom Products

(a) "Attractive to children" means amanufactured productin manufactured:the shape of or packaged in containers displaying humans, cartoons, animals, toys, or other features that target children;

1.manufactured in a form or packaged in a container that bears any reasonable resemblance to an existing candy or snack product that is familiar to the public;

Inmanufactured in a shapeform thator resemblespackaged in a human,container that bears any reasonable resemblance to a cartoonbranded character,food orproduct ansuch animal;that the product could be mistaken for the branded food product, especially by children;

2.or containing any color additives.

In(b) a"Contaminants formunsafe thatfor resembleshuman anconsumption" existingincludes, candybut productis not limited to, any microbe, fungus, yeast, mildew, herbicide, pesticide, fungicide, residual solvent, metal, or other contaminant found in any amount that isexceeds aany widelyof distributed,the brandedaccepted foodlimitations item;as determined by rules adopted by the Department of Health in accordance with s.

381.986, or 3.other limitation pursuant to the laws of this state, whichever amount is less.

UsingPage any2 colorof additives.21 CODING:

(b) "Finished kratom product" means a kratom product that is ready for sale to the end user.

For purposes of registration, a finished kratom product is differentiated by its ingredients, not by its weight, volume, or size.

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hb1489-00hb1489-01-c1 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 HBCS/HB 1489 2025 (c) "Kratom""Independent meanstesting thelaboratory" plantmeans ora anylaboratory partthat: of the plant Mitragyna speciosa.

(d) "Kratom beverage" means a prepackaged liquid kratom product in the form of a tea, seltzer or tonic water, or tincture.

(e) "Kratom food service establishment" means any public food service establishment licensed as provided in chapter 509 which sells finished kratom products.

(f) "Kratom product" means a food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption which contains any part of the leaf of the plant Mitragyna speciosa or an extract, synthetic alkaloid, or synthetically derived compound of such plant and is manufactured as a powder, capsule, pill, beverage, or other edible form.

(g) "Processor" means a person who manufactures, delivers, holds or offers for sale, distributes, or sells kratom products.

(3) PRODUCT REQUIREMENTS.—A processor may not manufacture, deliver, hold or offer for sale, distribute, or sell a finished kratom product that:

(a) Is not one of the following approved delivery forms:

DriedDoes leaf;not have a direct or indirect interest in the entity whose product is being tested;

KratomDoes beverage;not have a direct or indirect interest in a facility that processes, distributes, dispenses, or sells kratom products in this state or in another jurisdiction or cultivates, processes, distributes, dispenses, or sells marijuana, as defined in s.

3.381.986(1);

Powder;and 3.

4.Is certified by the Department of Health as a medical marijuana testing laboratory pursuant to s.

Pill;381.988 or is certified by the department as being substantially equivalent to a medical marijuana testing laboratory pursuant to subsection (3).

(d) "Kratom product" means a food product, food ingredient, dietary ingredient, dietary supplement, or Pagebeverage 4intended for human consumption which contains any part of 11the CODING:leaf of the plant Mitragyna speciosa or an extract, synthetic alkaloid, or synthetically derived compound of such plant and is manufactured as a powder, capsule, pill, beverage, or other edible form.

(e) "Manufacturer" means any person or entity that engages in the process of manufacturing, preparing, or packaging kratom products.

(f) "Retailer" means any person or entity that sells Page 3 of 21 CODING:

hb1489-00hb1489-01-c1 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 HBCS/HB 1489 2025 5.kratom products to consumers.

Capsule.(g) "Wholesaler" means any person or entity located within or outside this state which delivers or sells products containing kratom to retailers or other persons in this state for purposes of resale.

(b)(3) ContainsCERTIFICATION aOF levelLABORATORIES.— of(a) 7-hydroxymitragynineThe indepartment themust alkaloidcertify fractionany whichlaboratory islocated greaterwithin thanthis 2state percentor ofanother thestate alkaloidwhich compositionmeets the qualifications of thean kratomindependent product.testing laboratory.

(c)However, Isa notmedical registeredmarijuana withtesting thelaboratory departmentcertified pursuant to thiss. section.

(d)381.988 Doesis not haverequired a certificate of analysis submitted to thereceive departmentcertification as required by thisthe section.department.

(e)(b) DoesThe notdepartment includemust directionsadopt rules establishing the standards for consumptioncertification of theindependent kratomtesting productlaboratories onand thetesting product'skratom label,products including,in butaccordance notwith limitedthis to:section.

The Department of Health must assist the department in developing rules for the certification of independent testing laboratories, which must include, but are not limited to:

MaximumSecurity dosagestandards. of 40 milligrams of mitragynine per serving;

NumberMinimum ofstandards servingsfor perpersonnel. package;

MilligramsSample ofcollection 7-hydroxymitragyninemethods and mitragynineprocess andstandards. total per serving;

AProficiency warningtesting advisingfor consumersMitragynine, of7- thehydroxymitragynine, numberand ofcontaminants servingsunsafe thatfor mayhuman beconsumption, safelyas consumeddetermined inby adepartment 24-hourrule. period;

AReporting warningcontent, prohibitingformat, useand byfrequency. individuals who are under 21 years of age;

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A warning advising against use by individuals who are pregnant or breastfeeding;

7.

A warning advising the consumer to consult a health care professional before use, that the product may be habit- forming, and that it may cause adverse health effects;

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hb1489-00hb1489-01-c1 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 HBCS/HB 1489 2025 8.6.

AAudits warningand statingonsite theinspections. following:

"These7. statements have not been evaluated by the United States Food and Drug Administration.

ThisQuality productassurance. is not intended to diagnose, treat, cure, or prevent any disease.";

8.

Equipment and methodology.

TheChain expirationof date;custody.

and 10.

TheAny nameother andstandard placethe ofdepartment businessdeems ofnecessary. the registrant.

(f)(c) DoesThe notdepartment complyshall withrenew the packagingcertification andbiennially labelingif requirementsthe setlaboratory forthmeets inthe requirements of this chaptersection andor theany rules adopted pursuantunder thereto.this section.

SuchThe kratomdepartment productsshall areadopt consideredrules misbranded.establishing a procedure for initial certification and biennial renewal.

(g)(d) IsThe extracteddepartment usingmust solventspublish otheron thanits waterwebsite ora Classlist 3of solventsall setlaboratories forththat inhave USP-NFreceived chaptercertification. 467.

(h)(e) ContainsThe levelsdepartment ofmay Classrefuse 3to solventsissue greateror thanrenew, or may suspend or revoke, the limitscertification setof forthan independent testing laboratory that is found to be in USP-NFviolation chapterof 467.this section or any rules adopted by the department.

(i)(f) IsA attractivelaboratory that receives certification from the department under this subsection agrees to children.random unannounced audits and onsite inspections by the department or its agents.

(j)(4) IsDISTRIBUTION AND RETAIL SALE OF KRATOM PRODUCTS.— (a) Kratom products may only be distributed and sold in athis containerstate that:if all of the following conditions are met:

IsThe notkratom suitableproduct: to contain products for human consumption;

ora. 2.

Is not compliantadulterated with thea Uniteddangerous Statesnon-kratom Poisonsubstance Preventionaffecting Packagingthe Actquality or strength of 1970,the 15product U.S.C.to a Page 5 of 21 CODING:

ss.

1471 et seq.

3.

Does not contain a graduated measuring device, if applicable.

(k) Is adulterated, including containing metals, pesticides, or pathogens in excess of the limits set by this section or department rule.

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hb1489-00hb1489-01-c1 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 HBCS/HB 1489 2025 (4)(3)degree AGEthat RESTRICTION.—Itrenders isthe unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, any kratom product injurious to a personconsumer. who is under 21 years of age.

(5)b. PERMIT AND FEDERAL REGISTRATION REQUIREMENTS FOR PROCESSORS.— (a) Kratom products may only be manufactured by, delivered to, offered for sale, distributed by, or sold by a processor who holds a permit to operate as a food establishment as defined in s.

500.03.Is not contaminated with contaminants unsafe for human consumption or an otherwise deleterious non-kratom substance, including a controlled substance;

Ac. processor may not operate as a cottage food operation pursuant to s.

500.80Contains anda level of 7-hydroxymitragynine in the alkaloid fraction that is notno exemptmore fromthan food2 permitpercent requirementsof pursuantthe tooverall s.alkaloid composition of the product;

500.12(1)(a)1.and d.

(b)Does Anot processorcontain thatany manufactures,synthetic processes,alkaloids, packs,including orsynthetic holds7-hydroxymitragynine orand offerssynthetically forderived salecompounds kratom,from kratoma products,plant orof finished kratom products must be properly registered with the UnitedMitragyna Statesspeciosa. Food and Drug Administration.

Processors exclusively selling finished kratom products at retail are not required to register with the United States Food and Drug Administration.

(6) REGISTRATION.— (a) A processor shall certify by sworn statement that any finished kratom product it manufactures, delivers, offers for sale, distributes, or sells in this state is registered with the department and does not contain dangerous or harmful substances, including, but not limited to, red-OH, synthetic 7-OH, synthetic 7-hydroxymitragynine, synthetic mitragynine, pseudoindoxyl, super alkaloid, or any other synthetically derived compound, Page 7 of 11 CODING:

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words underlined are additions.

hb1489-00 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 HB 1489 2025 synthetic alkaloids, or controlled substances.

Such registration must be renewed annually.

(b) A processor shall assume all responsibility and liability for its kratom, kratom product, or finished kratom product.

(c) For each batch of a registered finished kratom product, the processor shall submit a certificate of analysis to the department from an independent, third-party, accredited laboratory.

The laboratory must be accredited under the International Organization for Standardization (ISO)/International Electrotechnical Commission (IEC) 17025:2017 General Requirements for Competence of Testing and Calibration Laboratories standard by an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement.

The processor may not have any direct or indirect financial or economic interest in the laboratory or accrediting body.

The processor shall maintain the certificates of analysis for a minimum of 1 year after the finished kratom product's expiration date.

The certificate of analysis must demonstrate that the finished kratom product is in compliance with the statutory and rule concentration limits for:

1.

Alkaloid and alkaloid metabolites;

ResidualThe solvents;kratom product is tested by the manufacturer, the wholesaler, and the retailer by an independent testing laboratory and the laboratory's certificate of analysis states the kratom product was tested for:

a.

Synthetic alkaloids.

b.

7-hydroxymitragynine.

c.

Heavy metals.

d.

Mycotoxins.

e.

Pesticides.

f.

Potency.

g.

Residual solvents.

h.

Any other controlled substance.

i.

Any other substance the department deems necessary.

HeavyThe metals,kratom includingproduct cadmium,is arsenic,distributed mercury,or andsold Pagein 8a ofcontainer 11that CODING:includes:

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hb1489-00hb1489-01-c1 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 HBCS/HB 1489 2025 lead;a.

A scannable barcode or quick response code linked to the certificate of analysis of the kratom product;

b.

The kratom product testing number;

and c.

The expiration date of the kratom product.

Pesticides;The kratom product is distributed or sold in a container that:

anda. 5.

AnyIs substancesuitable limitedto bycontain departmentproducts rule.for human consumption;

(d)b. A finished kratom product served by a kratom food service establishment must comply with the requirements of this section;

however,Is acomposed separateof registrationmaterials underdesigned thisto subsectionminimize isexposure notto requiredlight; when a kratom beverage is combined with another food or beverage by the kratom food service establishment for consumption on premises.

Servingc. kratom beverages combined with alcohol, drugs, or other kratom products is prohibited.

(7)Mitigates REPORTINGexposure AND TESTING.— (a) If a processor or the department receives notice of any adverse health event suspected to behigh relatedtemperatures; to the processor's kratom product, the processor or the department must submit an adverse event report as set out in chapter IX of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.

s.d.

379aa-1(b)(1)Is toa thesingle Unitedcolor States Food and Drugis Administration.not transparent;

(b)however, Ifthis probabledoes causenot existsapply thatto a kratom product may be adulterated, the departmentuniversal maysymbol; require an independent third- party test of the kratom product by a laboratory of the department's choice, and the processor must pay the cost of the test.

Ife. the processor does not make such payment to the department within 30 days after receiving the invoice for the testing fee, the department must revoke the registration for that product.

PageDoes 9not contain any pictures or images other than a single logo, which may not be attractive to children and may not cover more than 20 percent of 11the CODING:container;

f.

Contains a clear and conspicuous warning developed by the department that the product is a kratom product;

g.

Contains a universal symbol developed by the department which indicates the presence of kratom;

h.

Is not attractive to children;

and i.

Is compliant with the United States Poison Prevention Packaging Act of 1970, 15 U.S.C.

ss.

1471 et seq., without regard to provided exemptions.

For purposes of this sub- subparagraph, a beverage in a sealed container is considered compliant with the United States Poison Prevention Packaging Act Page 7 of 21 CODING:

hb1489-00hb1489-01-c1 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 HBCS/HB 1489 2025 (8)(4) VIOLATIONS.— (a) A violation of subsection1970, (4)15 (3)U.S.C. is a misdemeanor of the second degree, punishable as provided in s.

ss.

1471 et seq.

(b) A wholesaler or retailer is not required to test its kratom product in accordance with paragraph (a) if the product is packaged in a container in a manner that may be sold to the ultimate consumer when the wholesaler or retailer receives the product from the manufacturer or wholesaler, the product was tested in accordance with paragraph (a) by the manufacturer or wholesaler, and the wholesaler or retailer does not open the container.

(c) The retail sale and delivery of kratom products is prohibited, except:

1.

At an establishment that has a food permit from the department and prohibits the presence of persons under 21 years of age on the establishment's premises;

2.

At an establishment that has a food permit from the department and a quota license issued under s.

565.02(1)(a)-(f).

An establishment with a quota license issued under s.

565.02(1)(a)-(f) which allows the presence of persons under 21 years of age on the establishment's premises must place kratom products, not including beverages, in an area inaccessible to customers.

Such an establishment may place kratom products, not including beverages, in an open display unit as long as the unit is located in an area that is inaccessible to customers;

or 3.

In accordance with the mail order, Internet, and remote sales of kratom products requirements in s.

500.93.

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hb1489-01-c1 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 CS/HB 1489 2025 (d) Kratom products may not be sold, given, bartered, furnished, or delivered to consumers at festivals, fairs, trade shows, farmers markets, expositions, or pop-up retail establishments.

(5)(3) AGE RESTRICTION.—It is unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, any kratom product to a person who is under 21 years of age.

(6)(4) PENALTIES.—A person who violates subsection (4) or subsection (5) commits a misdemeanor of the second degree, punishable as provided in s.

775.083 for the first offense.

A person who commits a second offense within 12 months after the first offense commits a misdemeanor of the first degree, punishable as provided in s.

775.082 or s.

(b) A processorperson thatwho manufactures,commits delivers,a holdsthird or offerssubsequent foroffense sale,within distributes,12 ormonths sellsafter athe finishedsecond kratomoffense productcommits thata violatesfelony paragraphof (3)(b)the orthird paragraphA (3)(c)violation commitsof subsection (3) is a felonymisdemeanor of the thirdsecond degree, punishable as provided in s.

(c)(7) KratomDEPARTMENTAL productsACTION.—In possessed,addition manufactured,to delivered,any offeredother forpenalties sale,provided distributed,by orlaw, soldthe indepartment violationmay take any of thisthe sectionfollowing byactions anagainst entityany regulatedperson underlicensed thisor chapterpermitted areby subjectthe todepartment s.for a violation of this section:

500.172(a) andPlace anon immediateprobation stop-saleor order,reprimand and the entitylicensee isor subjectpermitee; to penalties as provided in s.

500.121.(b) Revoke, suspend, or deny the issuance or renewal of the license or permit;

The department may not grant permission to remove or use,Page except9 forof disposal,21 finishedCODING: kratom products subject to a stop-sale order which are attractive to children until the finished kratom products comply with this section.

(d) If a processor fails to provide the department with a certificate of analysis within 2 days after receiving a request from the department or fails to immediately report an adverse health event to the department as required by this section, the department may revoke the processor's finished kratom product registration.

(e) A processor that manufactures, delivers, offers for Page 10 of 11 CODING:

hb1489-00hb1489-01-c1 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 HBCS/HB 1489 2025 sale,(c) distributes,Impose oran sellsadministrative afine kratomnot productto thatexceed contains$5,000 anyper controlledviolation substanceand listedassess incosts s.associated with investigation and prosecution.

893.03(8) orENFORCEMENT.—The andepartment alkaloidshall notenforce naturally present in kratom, a synthetic alkaloid or a synthetic alkaloid metabolite, including, but not limited to, red-OH, synthetic 7-OH, synthetic 7-hydroxymitragynine, synthetic mitragynine, pseudoindoxyl, super alkaloid, or any other synthetically derived compound of the plant Mitragyna speciosa or that contains a level of 7-hydroxymitragynine in the alkaloid fraction which is greater than 2 percent is in violation of this section.

(f)Every Astate laboratoryattorney, thatsheriff, failspolice toofficer, ensureand theother accuracyappropriate ofcounty itsor certificatesmunicipal ofofficer analysisshall issuedenforce, pursuantor toassist thisany sectionagent isof subjectthe todepartment anin administrativeenforcing, finethis assection providedand rules adopted by departmentthe rule.department.

ForSection the500.93, 2025-2026Florida fiscalStatutes, year,is thecreated sums of $1,920,141.22 in recurring funds and $1,791,608 in nonrecurring funds from the General Inspection Trust Fund are appropriated to theread: Department of Agriculture and Consumer Services, and 24 full-time equivalent positions with associated salary rate of 1,508,152.18 are authorized, for the purpose of implementing this act.

500.93 Mail order, Internet, and remote sales of kratom products;

age verification.— (1) As used in this section, the term:

(a) "Consumer" means a person in this state who comes into possession of any kratom products and who, at the time of possession, does not intend to sell or distribute the kratom products and is not a retailer.

(b) "Delivery sale" means any sale of kratom products to a consumer in this state for which:

1.

The consumer submits the order for the sale by telephonic or other voice transmission, mail, delivery service, or the Internet or other online service;

or 2.

The kratom products are delivered by use of mail or a Page 10 of 21 CODING:

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hb1489-01-c1 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 CS/HB 1489 2025 delivery service.

(c) "Delivery service" means any person engaged in the commercial delivery of letters, packages, or other containers.

(d) "Legal minimum purchase age" means the minimum age at which a person may legally purchase kratom products in this state.

(e) "Shipping container" means a container in which kratom products are shipped in connection with a delivery sale.

(f) "Shipping document" means a bill of lading, airbill, United States Postal Service form, or any other document used to verify the undertaking by a delivery service to deliver letters, packages, or other containers.

(2)(a) A sale of kratom products constituting a delivery sale under paragraph (1)(b) is a delivery sale regardless of whether the person accepting the order for the delivery sale is located within or outside this state.

(b) A retailer must obtain a food permit from the department under chapter 500 before accepting an order for a delivery sale.

(c) A person may not make a delivery sale of kratom product to any person who is not 21 years of age or older.

(d) Each person accepting an order for a delivery sale must comply with each of the following:

1.

The age verification requirements set forth in subsection (3).

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hb1489-01-c1 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 CS/HB 1489 2025 2.

The notice requirements set forth in subsection (4).

3.

The shipping requirements set forth in subsection (5).

(3) A person may not mail, ship, or otherwise deliver kratom products in connection with an order for a delivery sale unless, before the first delivery to the consumer, the person accepting the order for the delivery sale:

(a) Obtains from the person submitting the order a certification that includes:

1.

Reliable confirmation that the person is 21 years of age or older;

and 2.

A statement signed by the person in writing and under penalty of perjury which:

a.

Certifies the address and date of birth of the person;

and b.

Confirms that the person wants to receive delivery sales from a kratom product retailer and understands that, under the laws of the state, the following actions are illegal:

(I) Signing another person's name to the certification;

(II) Selling kratom products to persons who are not 21 years of age or older;

and (III) Purchasing kratom products if the person making the purchase is not 21 years of age or older.

(b) Makes a good faith effort to verify the information contained in the certification provided by the person under paragraph (a) against a commercially available database that may Page 12 of 21 CODING:

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hb1489-01-c1 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 CS/HB 1489 2025 be reasonably relied upon for accurate age information or obtains a photocopy or other image of a valid government-issued identification card stating the date of birth or age of the person.

(c) Provides to the person, by e-mail or other means, a notice meeting the requirements of subsection (4).

(d) If an order for kratom products is made pursuant to an advertisement on the Internet, receives payment for the delivery sale from the consumer by a credit or debit card issued in the name of the consumer, or by personal or company check of the consumer.

(e) Submits, to each credit card acquiring company with which the person has credit card sales, identification information in an appropriate form and format so that the words "kratom product" may be printed in the purchaser's credit card statement when a purchase of kratom products is made by credit card payment.

(f) Makes a telephone call after 5 p.m.

to the purchaser confirming the order before shipping the kratom products.

The telephone call may be a person-to-person call or a recorded message.

The person accepting the order for delivery sale is not required to speak directly with a person and may leave a recorded message.

In addition to the requirements of this subsection, a person Page 13 of 21 CODING:

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hb1489-01-c1 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 CS/HB 1489 2025 accepting an order for a delivery sale may request that a consumer provide an e-mail address.

(4) The notice described in paragraph (3)(c) must include prominent and clearly legible statements that sales of kratom products are:

(a) Illegal if made to persons who are not 21 years of age or older.

(b) Restricted to those persons who provide verifiable proof of age in accordance with subsection (3).

(5) Each person who mails, ships, or otherwise delivers kratom products in connection with an order for a delivery sale must:

(a) Ship the kratom products in a container that complies with the container requirements in s.

500.92.

(b) Include as part of the shipping documents, in a clear and conspicuous manner, the following statement:

"Kratom product:

Florida law prohibits shipping to persons under 21 years of age." (c) Use a method of mailing, shipping, or delivery which obligates the delivery service to require proof that the person accepting the order for the delivery sale is 21 years of age or older and resides at the address listed on the order label, by reviewing a valid government-issued identification card bearing a photograph of the person who signs to accept delivery of the shipping container.

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hb1489-01-c1 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 CS/HB 1489 2025 If the person accepting a purchase order for a delivery sale delivers the kratom products without using a delivery service, the person must comply with all of the requirements of this section which apply to a delivery service.

Any failure to comply with a requirement of this section constitutes a violation thereof.

(6) This section does not apply to delivery sales of kratom products to a retailer or wholesaler.

(7) A person 21 years of age or older who knowingly violates any provision of this section commits a misdemeanor of the second degree, punishable as provided in s.

775.082 or s.

775.083.

(8) The Attorney General, the Attorney General's designee, or a state attorney may bring an action in the appropriate court in the state to prevent or restrain violations of this section by any person.

Section 500.94, Florida Statutes, is created to read:

500.94 Seizure and destruction of contraband kratom products.—All kratom products sold, offered for sale, delivered, or distributed contrary to any provision of s.

500.92 or s.

500.93 are declared to be contraband, are subject to seizure and confiscation under the Florida Contraband Forfeiture Act by any person whose duty it is to enforce those sections, and must be Page 15 of 21 CODING:

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hb1489-01-c1 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 CS/HB 1489 2025 disposed of as follows:

(1) A court having jurisdiction shall order such kratom products forfeited upon a showing that, by a preponderance of the evidence, such products were sold, offered for sale, delivered, or distributed contrary to any provision of s.

500.92 or s.

500.93.

Upon completion of any chapter 120 proceedings related to such products, the court shall order any seized kratom products destroyed, except as provided by applicable court orders.

The officer who destroys such products shall keep a record of the place at which such products were seized, the kinds and quantities of such products destroyed, and the time, place, and manner of the destruction of such products and shall make a return under oath reporting such destruction.

(2) The department or seizing law enforcement agency shall keep a full and complete record of all products seized under this section showing:

(a) The exact kinds, quantities, and forms of such products;

(b) The persons from whom such products were seized and to whom such products were delivered;

(c) By whose authority such products were seized, delivered, and destroyed;

and (d) The dates of the seizure, disposal, or destruction of such products.

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hb1489-01-c1 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 CS/HB 1489 2025 Such record must be open to inspection by all persons charged with the enforcement of ss.

500.92 and 500.93.

(3) The cost of seizure, confiscation, and destruction of contraband kratom products is borne by the person from whom such products are seized.

(4) Except as otherwise provided in this section, the procedures of the Florida Contraband Forfeiture Act apply to this section.

Section 4.

Section 500.95, Florida Statutes, is created to read:

500.95 Ingesting kratom products prohibited near school property;

penalty.— (1) A person may not ingest kratom products in, on, or within 1,000 feet of the real property comprising a public or private elementary, middle, or secondary school between the hours of 6 a.m.

and midnight.

This section does not apply to any person in a moving vehicle or within a private residence.

(2) A law enforcement officer may issue a citation in such form as prescribed by a county or municipality to any person who violates this section.

Such citation must contain:

(a) The date and time of issuance.

(b) The name and address of the person cited.

(c) The date and time the civil infraction was committed.

(d) The statute violated.

(e) The facts constituting the violation.

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hb1489-01-c1 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 CS/HB 1489 2025 (f) The name and authority of the law enforcement officer.

(g) The procedure for the person to follow to pay the civil penalty, to contest the citation, or to appear in court.

(h) The applicable civil penalty if the person elects not to contest the citation.

(i) The applicable civil penalty if the person elects to contest the citation.

(3) Any person issued a citation pursuant to this section is charged with a civil infraction, punishable by a civil penalty of up to $25, 50 hours of community service, or, if available, successful completion of a school-approved, anti- drug, alternative-to-suspension program.

(4) Any person who fails to comply with the directions on the citation waives his or her right to contest the citation, and an order to show cause may be issued by the court.

Section 5.

Subsection (1) of section 565.04, Florida Statutes, is amended to read:

565.04 Package store restrictions.— (1) Vendors licensed under s.

565.02(1)(a) shall not in said place of business sell, offer, or expose for sale any merchandise other than such beverages, and such places of business shall be devoted exclusively to such sales;

provided, however, that such vendors shall be permitted to sell bitters;

grenadine;

nonalcoholic mixer-type beverages, not to include fruit juices produced outside this state;

fruit juices produced Page 18 of 21 CODING:

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hb1489-01-c1 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 CS/HB 1489 2025 in this state;

home bar and party supplies and equipment, including but not limited to glassware and party-type foods;

miniatures of no alcoholic content;

nicotine products;

and tobacco products.

Such places of business shall have no openings permitting direct access to any other building or room, except to a private office or storage room of the place of business from which patrons are excluded.

Vendors licensed under 565.02(1)(a) may sell kratom products in accordance with the Florida Kratom Consumer Protection Act.

Section 6.

Paragraph (a) of subsection (2) of section 565.045, Florida Statutes, is amended to read:

565.045 Regulations for consumption on premises;

penalty;

exemptions.— (2)(a) There shall not be sold at such places of business anything other than the beverages permitted, home bar and party supplies and equipment (including, but not limited to, glassware and party-type foods), cigarettes, kratom products in accordance with the Florida Kratom Consumer Protection Act, and what is customarily sold in a restaurant.

Section 7.

Section 569.006, Florida Statutes, is amended to read:

569.006 Retail tobacco products dealers;

administrative penalties.—The division may suspend or revoke the permit of the dealer upon sufficient cause appearing of the violation of any of the provisions of s.

500.92, s.

500.93, or this chapter, Page 19 of 21 CODING:

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hb1489-01-c1 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 CS/HB 1489 2025 including part II of this chapter if the dealer deals, at retail, in nicotine products within the state or allows a nicotine products vending machine to be located on its premises within the state, by a dealer or by a dealer's agent or employee.

The division may also assess and accept administrative fines of up to $1,000 against a dealer for each violation.

The division shall deposit all fines collected into the General Revenue Fund as collected.

An order imposing an administrative fine becomes effective 15 days after the date of the order.

The division may suspend the imposition of a penalty against a dealer, conditioned upon the dealer's compliance with terms the division considers appropriate.

Section 8.

Section 569.35, Florida Statutes, is amended to read:

569.35 Retail nicotine product dealers;

administrative penalties.—The division may suspend or revoke the permit of a dealer, including the retail tobacco products dealer permit of a retail tobacco products dealer as defined in s.

569.002(4), upon sufficient cause appearing of the violation of any of the provisions of s.

500.92, s.

500.93, or this part, by a dealer, or by a dealer's agent or employee.

The division may also assess and accept an administrative fine of up to $1,000 against a dealer for each violation.

The division shall deposit all fines collected into the General Revenue Fund as collected.

An order imposing an administrative fine becomes effective 15 days after Page 20 of 21 CODING:

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words underlined are additions.

hb1489-01-c1 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 CS/HB 1489 2025 the date of the order.

The division may suspend the imposition of a penalty against a dealer, conditioned upon the dealer's compliance with terms the division considers appropriate.

Section 9.

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