fl-31296194: 5KER26-11 — Requirement to Label Kratom Products.

31296194, 5KER26-11 - Florida Administrative Rules, Law, Code, Register - FAC, FAR, eRulemaking Home About Us Contact Us Help Florida Department of State and Division of Library and Information Services Home Advanced Search MyFLRules Rules Open for Comments Notice: 31296194 Notice of Emergency Rule Department: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Division: Division of Food Safety Overview RULE: 5KER26-11   Requirement to Label Kratom Products. SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:   On August 18, 2026, the Attorney General of Florida adopted Emergency Rule 2ER26-2, superseding emergency rule 2ER26-1 and providing that when 7-Hydroxymitragynine is concentrated at a level above 1,000 parts per million (1 mg/g for powders and solids or 1mg/mL for liquids) or when the product contains less than 100 parts of mitragynine per 1 part of 7-Hydroxymitragynine (alkaloid ratio), it is a Schedule I Controlled Substance as provided in subsection 893.03(1)(a), Florida Statutes. Kratom Products are food products sold in Florida that may contain 7-Hydroxymitragynine, including its isomers, esters, ethers, salts, and salts of isomers, esters and ethers. In order to protect the public health, safety, and welfare, the Department is adopting the emergency rule to require labeling of Kratom Products that discloses the concentration of and alkaloid ratio for 7-Hydroxymitragynine, a compound commonly found in Kratom Products sold in Florida, and its isomers, esters, ethers, salts, and salts of isomers, esters and ethers in the product. Without this information clearly and conspicuously identified on the product label, consumers may not know how much of a potentially controlled substance they are consuming or that a product is adulterated, and businesses may not know whether they are buying and selling prohibited products. The emergency rule also reiterates that any controlled substance in a Kratom Product is an adulterant as provided in section 500.10, Florida Statutes. REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:   The Department finds the sale of Kratom Products in Florida containing 7-Hydroxymitragynine in high concentrations or imbalanced alkaloid ratios is an immediate danger to health, safety, or welfare as evidenced by the emergency scheduling of such substance as a drug by the Florida Attorney General. Adopting the emergency rule pursuant to procedures provided in section 120.54(4), Florida Statutes, is fair and justified because it provides at least the procedural protection given by other statutes, the State Constitution or the United States Constitution, takes only the actions necessary to protect public health, safety, and welfare by ensuring Kratom Products are properly labeled to put consumers on notice that the product contains certain compounds that are controlled substances in certain quantities or are adulterated, and addresses the immediate danger presented by certain Kratom Products to public health, safety and welfare by requiring disclosures on Kratom Products.

Summary

Emergency rule 2ER26-2, adopted by the Attorney General, makes certain amounts of 7-Hydroxymitragynine in Kratom Products a controlled substance. The rule provides labeling requirements for kratom products that inform consumers of the amount of 7-Hydroxymitragynine contained in the product. THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:   Darby Shaw, darby.shaw@fdacs.gov, 3125 Conner Blvd., Tallahassee, FL 32399, 850-245-5520 PRINT PUBLISH DATE: 8/25/2026   Vol. 52/165 OVERSIGHT COMMITTEE: Joint Administrative Procedures Committee Florida Administrative Law Central Online Network (F.A.L.C.O.N.) RELATED COURT CASES: Division of Administrative Hearings FEDERAL eRULEMAKING WEB PORTAL: Regulations.gov HOW TO LINK TO THIS NOTICE: http://flrules.org/gateway/ruleno.asp?id=5KER26-11&PDate=8/25/2026&Section=4 REFERENCE MATERIALS: No reference(s). Home Advanced Search MyFLRules Rules Open for Comments About Us Contact Us Help  Privacy Policies Accessibility Statement Copyright @ 2010 State of Florida Department of State Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.