By: Matthew Ginder, Esq.
In its ongoing effort to ensure compliance with new child-protection standards for consumable hemp products, Florida has escalated its enforcement campaign through “Operation Safe Summer.” The statewide operation conducted by the Florida Department of Agriculture and Consumer Services (FDACS) has already resulted in the seizure of more than 155,000 illegal hemp product packages from retailers across at least 40 counties.
Recent Crackdown Part of a Broader, Ongoing Effort
This wave of enforcement follows recent amendments to Rule 5K-4.034, Florida Administrative Code, aimed at strengthening safeguards around packaging, labeling, and advertising of hemp products intended for human consumption, particularly those considered “attractive to children.” “Operation Safe Summer” follows a similar statewide sweep in July 2023, during which more than 83,000 non-compliant hemp products were found to be marketed toward children. Since initiating its aggressive oversight, FDACS reports that over 800,000 illegal or mislabeled hemp packages have been removed from the Florida market.
Key Regulatory Changes Now in Effect
Retailers and manufacturers must now comply with new standards for products containing hemp extract intended for human consumption, which include, but are not limited to, the following:
Ban on specified color additives
Child-resistant packaging compliant with ASTM International D 3475-20
Certificates of Analysis (COAs) must disclose lab identity, Delta-9 THC concentration, and contaminant screenings
Serving sizes based on household measurements
QR codes linking directly to COAs within three steps
Moisture limits for hemp flower: 0.60 (±0.05) water activity
Marketing and advertising restrictions
Defining “Cartoon” Under Florida’s Proposed Rule Amendment
To aid enforcement and compliance, FDACS has proposed a formal definition of “cartoon” in the context of products and packaging that is considered “attractive to children.” Under the proposed rule amendment, which is subject to change, a “cartoon” is broadly defined to include any drawing or other depiction of an object, person, animal, creature, or any similar caricature that satisfies any of the following criteria:
The use of comically exaggerated features;
The attribution of human characteristics to animals, plants, or other objects, or the similar use of anthropomorphic technique; or
The attribution of unnatural or extra-human abilities, such as imperviousness to pain or injury, X-ray vision, tunnelling at very high speeds, or transformation.
This clarification is consistent with FDACS strict enforcement policy against branding or visual elements designed to appeal to children, even if subtly styled or bearing no resemblance to existing candy or branded food products familiar to the public.
What This Means for Florida Manufacturers and Retailers
Hemp product manufacturers and retailers in Florida must ensure full compliance with all applicable rules or risk administrative enforcement, such as stop-sale orders and administrative penalties. To avoid administrative enforcement, manufacturers and retailers should review all product requirements, including packaging and labeling, prior to commencing sales in the state.
For questions about compliance with Florida’s hemp regulations or for assistance evaluating your product portfolio, please contact Matthew Ginder, Esq. at Matthew.Ginder@gmlaw.com .
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