Florida’s Commissioner of Agriculture, Wilton Simpson, has issued a reminder to hemp food establishments regarding the upcoming enforcement of amendments to Rule 5K-4.034 in the Florida Administrative Code. These changes, which affect packaging, labeling, and marketing standards for hemp products intended for human consumption, will be enforced starting June 16, 2025.
Commissioner Simpson emphasized the importance of compliance with these new regulations. “The Florida Department of Agriculture and Consumer Services has made it clear: manufacturers and retailers of hemp products must comply with the law, especially when it comes to protecting children,” he said. He further warned that there would be “zero tolerance for noncompliance” after the enforcement date.
The amended rule became effective on March 12, 2025. Key updates include prohibitions on certain color additives and enhanced labeling requirements. This includes using common household measurements for serving sizes and ensuring scannable barcodes or QR codes link to certificates of analysis within three steps or fewer. Additionally, child-resistant packaging must meet ASTM International D 3475-20 standards.
Other requirements involve restrictions on marketing hemp products to children and maintaining water activity levels for cannabis flower or leaves at specified limits. Certificates of analysis must now detail laboratory information and THC concentrations while confirming the presence or absence of prohibited substances.
FDACS clarified inquiries about aluminum beverage cans with tab tops under new packaging rules. Generally compliant with ASTM standards as Type V unit non-reclosable packaging, any modifications affecting ease of opening may impact compliance.
Since July 1, 2023, over 726,000 packages targeting children have been identified by FDACS. During the 2023 legislative session, Commissioner Simpson collaborated with lawmakers to reform hemp laws through SB 1676. This legislation introduced age requirements for purchasing hemp products and mandated safe packaging standards.
In response to these changes, FDACS conducted extensive inspections across Florida in July and August 2023. The inspections focused on businesses selling hemp products marketed towards children, uncovering over 83,000 packages deemed attractive to minors.
For further details about Commissioner Simpson and FDACS initiatives, visit FDACS.gov.
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