With just two weeks until new, stricter regulations take effect, Florida Commissioner of Agriculture Wilton Simpson is issuing a forceful reminder to all hemp food establishments: get compliant or face swift enforcement.
As of June 16, 2025, amended Rule 5K-4.034, governing hemp and hemp extract for human consumption, will be fully enforced, promising a “zero tolerance” approach to noncompliance.
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“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,” stated Commissioner Simpson. He emphasized the department’s aggressive stance against “dangerous and misleading products,” particularly those designed to mimic candy or appeal to minors, which have been a significant concern.
The amended rule, which officially went into effect on March 12, 2025, with an announced enforcement delay until June 16, 2025, introduces several critical updates aimed at bolstering consumer safety and preventing youth access. Key changes include:
- Prohibition on Specific Color Additives: Eliminating certain artificial colors to make products less appealing to children.
- Enhanced Labeling Requirements: Mandating the use of common household measurements for serving sizes and requiring scannable QR or barcodes that link to a certificate of analysis (COA) within three or fewer steps.
- Moisture Control: Setting a water activity standard of 0.60 (±0.05) for cannabis flower or leaves.
- Mandatory Child-Resistant Packaging: Requiring packaging to meet ASTM International D 3475-20 standards for child resistance.
- Comprehensive Certificates of Analysis: COAs must now include detailed laboratory information, the concentration of total delta-9 THC, and confirm the presence or absence of prohibited substances and pathogens.
- Marketing and Advertising Restrictions: Imposing limitations on how hemp and hemp extract products intended for human consumption can be marketed and advertised.
It’s crucial to note that all existing rule requirements not amended on March 12, 2025, remain in full effect, including the strict prohibition on products and packaging attractive to children, such as those shaped like humans, animals, or cartoons.
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In response to industry inquiries, FDACS clarified that aluminum beverage cans with tab tops generally meet the ASTM D 3475-20 standard for Type V unit non-reclosable rigid packaging. However, any modifications that compromise the ease of opening will be subject to review for compliance.
The department’s heightened enforcement efforts are not new. Since July 1, 2023, FDACS has uncovered over 726,000 packages of hemp products specifically designed to target children. Commissioner Simpson played a pivotal role in the 2023 legislative session, collaborating with the Florida Legislature to reform hemp laws.
This resulted in Senate Bill 1676, which established age requirements for purchasing hemp products for human consumption, prohibited marketing aimed at children, mandated safe packaging, and subjected ingested or inhaled hemp products to the same health and safety standards as other food products.
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In July and August of 2023, the department conducted the largest-ever inspection sweep of businesses selling hemp products, covering over 700 businesses in all 67 Florida counties. This sweep specifically targeted products attractive to and/or marketed to children, leading to the discovery of over 83,000 packages of hemp-extract products, including high-potency THC products, aimed at minors.
With the June 16 deadline fast approaching, hemp food establishments in Florida are strongly urged to ensure their products, labeling, and packaging practices are in complete alignment with the amended rule to avoid enforcement action from the state.
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