Commissioner Wilton Simpson urges Florida hemp food establishments to prepare for enforcement of new rule amendments by June 2025

Tallahassee, Florida – Florida Commissioner of Agriculture Wilton Simpson has issued a clear reminder to hemp food establishments across the state, urging them to review and adjust their products, labeling, and packaging to meet the updated requirements of Rule 5K-4.034, Florida Administrative Code. These amendments, which govern the sale of hemp and hemp extract intended for human consumption, will be enforced starting June 16, 2025. Commissioner Simpson emphasized the importance of full compliance, stressing that there will be “zero tolerance for noncompliance” as the enforcement deadline approaches.

“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 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 updated rule, which went into effect on March 12, 2025, introduces several significant changes aimed at improving consumer safety and restricting the marketing of hemp products that could appeal to minors. Hemp food establishments are encouraged to thoroughly review the amended rule and ensure that they are in full compliance with these changes by the enforcement date of June 16, 2025.

One of the most prominent updates in the rule includes the prohibition of certain color additives in hemp products. These changes are aimed at reducing the appeal of hemp products that may look like candy or other items typically marketed to children. In addition, the amended rule introduces enhanced labeling requirements. Products must now include common household measurements for serving sizes, and a scannable barcode or QR code must link to the product’s certificate of analysis within three or fewer steps. This change is designed to ensure consumers have easy access to vital product information.

Read also: Florida officials gather at the Eye of the Storm event to urge residents to make final preparations for hurricane season

Moreover, the updated rule now specifies that water activity for cannabis flowers or leaves must be maintained at 0.60 (±0.05), which is a key factor in preserving product quality and safety. Child-resistant packaging will also be mandatory in accordance with the ASTM International D 3475-20 standard, which defines the classification of child-resistant packages.

Another notable amendment is the requirement that certificates of analysis now must include critical information, including laboratory details, the concentration of total delta-9 THC, and confirmation of the presence or absence of prohibited substances and pathogens. The changes also include restrictions on the marketing and advertising of hemp products intended for human consumption, ensuring that they do not target minors or use misleading tactics to attract underage consumers.

While the amended rule includes these key updates, it is important to note that all previously existing rule requirements that were not amended on March 12, 2025, remain in effect and enforceable. This includes the prohibition on products and packaging that are specifically attractive to children. Products that are shaped like, or packaged with imagery of, humans, animals, or cartoons will continue to face scrutiny and enforcement action.

FDACS has also received several inquiries about the acceptability of aluminum beverage cans with tab tops under the new packaging requirements. Generally, these cans meet the ASTM D 3475-20 standard for Type V unit non-reclosable packaging, which is considered rigid. However, any modifications to these cans that make them easier to open may impact compliance. These products will be reviewed accordingly to ensure they meet the established safety standards.

Florida’s Department of Agriculture and Consumer Services has already taken significant steps to protect consumers, particularly children, from unsafe hemp products. Since July 1, 2023, the department has uncovered more than 726,000 packages of hemp products targeting children. These efforts reflect Commissioner Simpson’s commitment to protecting Florida’s minors from the risks posed by hemp products marketed to them inappropriately.

Read also: Coral Springs park to receive new playground and upgraded basketball court with help from federal grant

During the 2023 legislative session, Simpson worked closely with the Florida Legislature to reform the state’s hemp laws. The new Senate Bill 1676 (SB 1676) established age requirements for the purchase of hemp products intended for human consumption, prohibited marketing strategies targeting children, and required that hemp products be packaged in child-resistant containers. The bill also mandates that hemp products be held 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 hemp products in July and August of 2023. The statewide inspection focused on over 700 businesses in all 67 Florida counties, uncovering more than 83,000 packages of hemp-extract products, including euphoric high-potency THC products, that were found to be targeting children. This inspection highlighted the need for continued vigilance and the importance of enforcing the new regulations.

As the enforcement date of June 16, 2025, approaches, Commissioner Simpson urges all hemp food establishments to take immediate action. With the sweeping changes introduced in the amended rule, businesses must ensure they are fully compliant with the updated packaging, labeling, and advertising requirements.

The department’s focus on protecting minors and ensuring product safety has been a cornerstone of Simpson’s tenure as commissioner. He reiterated, “Mediocrity never serves anyone. Our students deserve the best facilities, the best faculty, and the belief that they belong here.”

Hemp food establishments should consider consulting with experts or legal counsel to ensure their products, packaging, and labeling meet the new standards. Failure to comply with the amended rule could result in swift enforcement actions by the Florida Department of Agriculture and Consumer Services.

For more information on the amended rule or for assistance in ensuring compliance, businesses can visit the Florida Department of Agriculture and Consumer Services website at FDACS.gov or contact the department directly.

As the hemp industry in Florida continues to grow, ensuring that these products are safe and properly marketed remains a top priority for Commissioner Simpson and the Florida Department of Agriculture and Consumer Services. The upcoming enforcement of the new rule is a critical step in protecting both consumers and the integrity of the hemp market in Florida.