On March 12, 2025, the Florida Department of Agriculture and Consumer Services’ (“FDACS”) new amendments to Rule 5K-4.034, Florida Administrative Code (“F.A.C”) went into effect. From packaging and labeling requirements to product development restrictions, Rule 5K-4.034 governs all consumable hemp products in the Sunshine State. With the amendments now in effect, it is crucial for operators to understand these changes to maintain full compliance with the state’s hemp program. Let’s explore the key updates below.
Product Packaging and Labeling
“(6)(b) Hemp or Hemp Extract intended for Human Consumption may only be distributed or sold in a container that is not attractive to children as provided in 581.217, F.S.
(6)(f) The label for all retail products containing Hemp or Hemp Extract intended for Human Consumption must include the serving size and servings per container expressed in Common Household Measures and the net contents expressed in both the appropriate International System of Units (SI) and United States customary units.
(6)(g) For single serving packages and for individually wrapped single serving products within a multi-serving package, a description of the individual container or wrapped product shall be used for the serving size.
(6)(h) If the label of any container of Hemp or Hemp Extract intended for Human Consumption is too small to accommodate all the information required by this subsection, labeling information shall be physically attached to the container.
(6)(i) The label of a product containing Hemp or Hemp Extract intended for Human Consumption in packaged form shall specify conspicuously the name and place of business of the processor, packer, or distributor.
(6)(j) Hemp or Hemp Extract intended for Human Consumption shall be sold and distributed in packaging compliant with ASTM International D3475-20, Standard Classification of Child Resistant Packages, hereby incorporated by reference, and meet one or more of the descriptions of child-resistant packages set out in Table 1 therein. It is a violation of copyright law to post the materials incorporated in this rule on the Internet for public viewing. Accordingly, the public may obtain a copy of ASTM International D 3475-20, Standard Classification of Child Resistant Packages, by purchasing a copy from: ASTM International, 100 Barr Harbor Drive, P.O. Box C 700, West Conshohocken, PA 19428-2959, or at www.astm.org. Copies of the incorporated materials are also available for viewing during regular business hours at the Florida Department of Agriculture and Consumer Services, Division of Food Safety offices located at 3125 Conner Blvd., Suite D, Tallahassee, Florida 32399-1650.”
R. 5K-4.034(6)(b), (f)-(j), Fla. Admin. Code.
a. Scannable Barcode
“(6)(k) The scannable barcode or quick response code required in Section 581.217(7)(a)2., F.S., shall be conspicuously marked and link directly to a webpage where the required certificate of analysis may be found in three or fewer steps.
(6)(l) The scannable barcode or quick response code required in Section 581.217(7)(a)2. F.S., shall be operational for at least 90 days after the expiration date of the product.”
R. 5K-4.034(6)(k)-(l), Fla. Admin. Code.
b. Certificate of Analysis
“(6)(m) The certificate of analysis shall state the name, address, and International Organization for Standardization (ISO) certification number of the independent testing laboratory that conducted the analysis.
(6)(n) The certificate of analysis shall state the name and address of the facility where the batch was processed, the current and valid permit number for the facility issued by a human health or food safety regulatory entity with authority over the facility, and that the facility meets the human health or food safety sanitization requirements of the regulatory entity as documented by the regulatory entity.
(6)(o) The certificate of analysis shall state the concentration of total delta-9 tetrahydrocannabinol and of each prohibited substance, toxicant, residual solvent, metal, and pesticide listed in subsection (5) of this rule that is contained in each batch.
(6)(p) The certificate of analysis shall state whether the pathogens listed in subsection (5)(e) are present or absent in each batch.”
R. 5K-4.034(6)(m)-(p), Fla. Admin. Code.
Advertising of Hemp Products
“(9) Hemp or Hemp Extract intended for Human Consumption may not be marketed or advertised, including business names and logos, in a manner that is attractive to children or specifically targets children. Marketing and advertising for Hemp or Hemp Extract Products intended for Human Consumption shall not contain:
(a) The use of any words, initialisms, acronyms, phrases, colors or color combinations, visual patterns, logos, images, concepts, names, or slogans that duplicate, imitate, or bear a reasonable resemblance to words, initialisms, acronyms, phrases, colors or color combinations, visual patterns, logos, images, concepts, names, or slogans used in connection with commercially available candy or food products that could be mistaken for branded products, especially by children;
(b) The use of wording, images, designs, representations, pictures, or illustrations that portray or are similar to those used in marketing or advertising of commercially available products that are intended for children; or
(c) The use of any wording that references illegal or unlawful substances or promotes the use of marijuana.”
R. 5K-4.034(9)(a)-(c), Fla. Admin. Code.
Color Additives
“(5)(i) Color additives prohibited for Hemp or Hemp Extract for Human Consumption:
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- FD&C Blue No. 1
- FD&C Blue No. 2
- FD&C Green No. 3
- Orange B
- Citrus Red No. 2
- FD&C Red No. 3
- FD&C Red No. 40 (Allura Red)
- FD&C Yellow No. 5
- FD&C Yellow No. 6
- FD&C Red No. 3
- Cochineal extract
- Carmine
- Mica-based pearlescent pigments
- Quinoline Yellow (FD&C Yellow No. 10)
- Yellow 2G
- FD&C Green No. 1
- FD&C Green No. 2
- FD&C Red No. 1
- FD&C Red No. 2, Amaranth
- FD&C Red No. 4, Ponceau SX
- FD&C Violet No. 1
- Azorubine Carmoisine
- Ponceau 4R, Ponceau Red, Cochineal Red A
- Patent Blue V
- Green S
- Brilliant Black BN, Black PN
- Brown FK
- Brown HT, Chocolate Brown
- Cuttlefish Black
- Cuttle Black
- Alkanet (Alkane)
- Carbon Black, Vegetable Carbon
- Charcoal-NF XI
- Cudbear
- Ferric Chloride
- Ferrous Sulfate
- Logwood, Chip & Extract”
R. 5K-4.034(5)(i), Fla. Admin. Code.
“(5)(j) The following substances are prohibited for use in Hemp or Hemp Extract for Human Consumption when used as a color additive:
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- Annatto extract
- Dehydrated beets (beet powder)
- Butterfly pea flower extract
- Calcium carbonate
- Canthaxanthin
- Caramel
- β-Apo-8′-carotenal
- β-Carotene
- Sodium copper chlorophyllin
- Toasted partially defatted cooked cottonseed flour
- Ferrous gluconate
- Ferrous lactate
- Grape color extract
- Grape skin extract (enocianina)
- Synthetic iron oxide
- Fruit juice
- Vegetable juice
- Carrot oil
- Paprika
- Paprika oleoresin
- Riboflavin
- Saffron
- Soy Leghemoglobin
- Spirulina extract
- Titanium dioxide
- Tomato lycopene extract
- Tomato lycopene concentrate
- Tumeric
- Tumeric oleoresin”
R. 5K-4.034(5)(j), Fla. Admin. Code.
“(5)(k) If a testing sample is found to contain levels of any pathogen, toxicant, residual solvent, metal, color additive, controlled substance, drug, or pesticide not enumerated in this rule or by Florida law, then the Hemp or Hemp Extract for Human Consumption shall be considered adulterated.” R. 5K-4.034(5)(k), Fla. Admin. Code.
Conclusion
As Florida’s hemp industry continues to evolve, staying informed and adaptable is essential for operators to maintain compliance with state regulations. Compliance is not just a legal obligation—it is a strategic necessity for sustaining trust, credibility, and growth in Florida’s expanding hemp market. If you have any questions or concerns regarding the implementation of the new amendments to Rule 5K-4.034, F.A.C., contact us today!
Disclaimer: The information provided herein is for educational purposes only and does not constitute legal advice. While efforts have been made to ensure accuracy, the legal landscape surrounding the hemp industry in Florida is subject to change and may vary based on individual circumstances. It is advisable to consult with a qualified attorney or regulatory expert familiar with the laws and regulations governing the hemp industry in Florida before making any business decisions or taking legal action. This disclaimer disclaims any liability for actions taken based on the information provided herein.