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Florida Regulators Share Kratom Enforcement Warning

The following message was disseminated to Florida Department of Agriculture and Consumer Services food permit holders on October 21, 2026.

RE: Enforcement of emergency rule 5KER26-11

          On August 18, 2026, the Florida Attorney General promulgated emergency rule 2ER26-2 adding 7 - acetoxymitragynine, Dihydro - 7 - hydroxymitragynine(MGM - 15), and 9 - fluoro - 7 - hydroxymitragynine(MGM - 16) to Schedule 1, Subsection 893.03(1)(a), F.S..

          Additionally, emergency rule 2ER26-2 adds 7-Hydroxymitragynine (7-OH) to Schedule 1, Subsection 893.03(1)(a), F.S.when concentrated at a level above 1 mg / g for powders and solids or 1 mg / ml for liquids.As a result, the Department promulgated emergency rule 5KER26 - 11, providing labeling requirements for Kratom Products to disclose the concentration and alkaloid ratio for 7 - Hydroxymitragynine(7 - OH), including, when present in the Kratom Product, the isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation for each.Emergency rule 5KER26 - 11 and the labeling requirements were effective on August 24, 2026. However, the Department provided a 60 day period of enforcement discretion.

          Enforcement of the labeling requirements of 5KER26-11 will begin on October 26, 2026.

          Failure to label Kratom Products with the concentration(s) as provided in subsection 5KER26 - 11(1) or the alkaloid ratio as provided in subsection 5KER26 - 11(3) may result in administrative action. The Department may issue an inspection report notifying food establishments that a product is not compliant, and a stop sale order or administrative fine may be issued.

          The Department will continue to take action against CONTROLLED SUBSTANCES AS PROVIDED IN 2ER26 - 2 OR ADULTERATED PRODUCTS AS PROVIDED IN SUBSECTION 5KER26 - 11(5) REGARDLESS OF LABELING.In the event the Department determines a Kratom Product is a controlled substance as provided in emergency rule 2ER26-2 or otherwise, or determines a Kratom Product is adulterated, administrative action will be taken to place the product under stop sale order and administrative fines may be issued.

          Emergency Rule 2ER26-2 can be found here: 2ER26- : Emergency Rule for Year 2026 - Florida Administrative Rules, Law, Code, Register - FAC, FAR, eRulemaking

          Emergency Rule 5KER26-11 can be found here: 5KER26- : Emergency Rule for Year 2026 - Florida Administrative Rules, Law, Code, Register - FAC, FAR, eRulemaking

Sincerely,

Division of Food Safety
Florida Department of Agriculture and Consumer Services
1-800-HELP-FLA (435-7352)
FoodSafety@FDACS.gov

The Conner Building
3125 Conner Boulevard, Suite C
Tallahassee, FL 32399-1650
https://FoodPermit.FDACS.gov

Food, KratomTony GloverFDACS, kratom