Florida Commissioner of Agriculture Wilton Simpson today is reminding all hemp food establishments of the upcoming enforcement date for recent amendments to Rule 5K-4.034, Florida Administrative Code, which governs hemp and hemp extract intended for human consumption. Hemp food establishments are strongly encouraged to review their products, labeling, and packaging practices to ensure compliance with the amended rule by the June 16, 2025, enforcement date.

TALLAHASSEE, Fla. – Florida Commissioner of Agriculture Wilton Simpson today is reminding all hemp food establishments of the upcoming enforcement date for recent amendments to Rule 5K-4.034, Florida Administrative Code, which governs hemp and hemp extract intended for human consumption. Hemp food establishments are strongly encouraged to review their products, labeling, and packaging practices to ensure compliance with the amended rule by the June 16, 2025, enforcement date.

“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,” said Commissioner of Agriculture Wilton Simpson. “Our department has already taken aggressive action to get dangerous and misleading products off store shelves — particularly those that mimic candy or target minors. With the enforcement date for the amended rule approaching, there will be zero tolerance for noncompliance. If you’re selling products that violate these rules after June 16, you should expect swift enforcement action.”

The amended rule went into effect on March 12, 2025, and FDACS previously announced on March 13, 2025, that enforcement of the new provisions will begin on June 16, 2025. Hemp food establishments are expected to ensure full compliance with these new requirements by that date.

Key updates to the rule include:

• Prohibition on specified color additives
• Enhanced labeling requirements, including the use of common household measurements for serving sizes and providing the scannable barcode or QR code must link to the certificate of analysis within three or fewer steps
• Water activity for cannabis flower or leaves must be 0.60 (±0.05)
• Mandatory child-resistant packaging in accordance with ASTM International D 3475-20, Standard Classification of Child Resistant Packages
• Certificates of analysis must now include laboratory information, the concentration of total delta-9 THC, and confirm the presence or absence of prohibited substances and pathogens
• Restrictions on marketing and advertising of hemp and hemp extract intended for human consumption

All previously existing rule requirements that were not amended on March 12, 2025, remain in effect and enforceable, including prohibitions on products and packaging that are attractive to children. Products deemed attractive to children include those shaped like, or packaged with imagery of, humans, animals, or cartoons.

Clarification on Child-Resistant Beverage Packaging

FDACS has received inquiries regarding the acceptability of aluminum beverage cans with tab tops under the amended packaging requirements. In general, these cans meet the ASTM D 3475-20 standard for Type V unit non-reclosable packaging that is rigid. However, any modifications that make the cans easier to open may affect compliance and will be reviewed accordingly.

Previous Department Enforcement Actions

Since July 1, 2023, the department has uncovered over 726,000 packages of hemp products targeting children.

During the 2023 legislative session, Commissioner Wilton Simpson worked with the Florida Legislature to reform Florida’s hemp laws to better protect consumers and children. SB 1676 added age requirements for the purchase of hemp products intended for human consumption, protected Florida’s minors by prohibiting marketing that targets children, protects consumers by mandating that products sold in Florida be packaged in a safe container, and holds hemp products that are ingested or inhaled to the same health and safety standards as other food products.

To enforce the law, the department conducted the largest-ever inspection sweep of businesses selling products that contain hemp in July and August of 2023. The statewide inspection sweeps specifically targeted the sale of hemp products that are attractive and/or marketed to children, which is prohibited by Florida law. The sweep included inspections of more than 700 businesses in all 67 Florida counties and uncovered over 83,000 packages of hemp-extract products, including euphoric, high-potency THC products, targeting children. 

For more information about Commissioner Simpson and the Florida Department of Agriculture and Consumer Services, visit FDACS.gov.

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