On March 12, 2025, amended Rule 5K-4.034 governing hemp and hemp extract products for human consumption takes effect (the “Hemp Extract Rule”). These updates implement statutory changes enacted during the 2023 Legislative Session and primarily impact how hemp extract products are advertised, marketed, labeled, and packaged.
Key Changes in the Hemp Extract Rule:
- Stricter Guidelines on “Attractive to Children” – Existing law prohibits marketing and packaging that appeal to children. The amended rule provides more specific criteria defining what is considered attractive to children.
- Restrictions on wording, marketing and advertising cannot reference illegal substances or promote marijuana use.
- Expanded List of Prohibited Color Additives – The rule specifies numerous banned color additives and substances intended for use as color additives for hemp extract products.
- New Child-Resistant Packaging Requirements – Packaging must now meet updated child-resistant standards to enhance safety.
- Enhanced Labeling Requirements – Additional information must be displayed on product labels and packaging.
- Updated QR Code Regulations – The scannable barcode or QR code required on each product must now meet new regulatory criteria.
- Expanded Certificate of Analysis (COA) Requirements – COAs must now include additional testing and product information.
For questions about compliance with Florida’s updated hemp regulations or how Greenspoon Marder LLP can assist, please email Matthew Ginder, Esq. ([email protected]).