30005512, 5KER25-4 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 30005512

Notice of Emergency Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Food Safety

Overview

RULE:

5KER25-4

Requirement to Label the Concentration of 7-Hydroxymitragynine on Kratom Products

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

On August 20, 2025, the Attorney General of Florida adopted Emergency Rule 2ER25-2 adding 7-Hydroxymitragynine (methyl (E)-2[(2S,3S,7aS,12bS)-3-ethyl-7a-hydroxy-8-methoxy-2,3,4,6,7,12b-hexahydro-1H-indolo[2,3-a]quinolizin-2-yl]-3-methoxyprop-2-enoate) concentrated at a level above four hundred parts per million on a dry-weight basis, to list of Schedule I Controlled Substances in subsection 893.03(1)(a), F.S., and excluded mitragynine from the declaration. Kratom Products are food products sold in Florida that commonly contain 7-Hydroxymitragynine, its isomers, esters and ethers. In order to protect the public health, safety, and welfare, the Department is adopting this emergency rule to require that the concentration of 7-Hydroxymitragynine, its isomers, esters, and ethers, be declared on the label of Kratom Products.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

This rule is fair and justified because it 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 a substance that is a controlled substance in certain concentrations.

SUMMARY:

This rule adopts labeling requirements for Kratom Products.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Brenda Noble, at Brenda.Noble@fdacs.gov or at (850)245-5520, 3125 Conner Blvd., Tallahassee, Florida 32399

PRINT PUBLISH DATE:

9/19/2025 Vol. 51/183

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=5KER25-4&PDate=9/19/2025&Section=4

REFERENCE MATERIALS:

No reference(s).

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.