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Florida Department of Agriculture Begins Regulating Hemp Extract Intended for Inhalation

On September 27, 2021, the Florida Department of Agriculture and Consumer Services (FDACS) revised Rule 5K-4.034, titled "Hemp Extract for Human Consumption." The revised Rule requires a permit from FDACS' Division of Food Safety to sell not only hemp extract intended for ingestion via eating or drinking, but also to sell hemp extract intended for inhalation.


Additional changes include new labeling requirements, signage requirements, and setting a minimum age of 21 to purchase hemp extract for inhalation -- violating the sales age limit results in a hefty administrative fine of $5,000.00. There is currently no age limit for sales of hemp extract intended solely for ingestion, but this will likely change soon.


Florida Statute 581.217 lays out the State hemp program's statutory scheme and has included hemp extract intended for inhalation in its definition of "Hemp extract" since its creation. However, until September 27, 2021, the State was only issuing retail permits for ingestible hemp extract. Thus, shop owners who previously were not permitted may now need to obtain a permit under the revised Rule.


Contact Baker Law, P.A. today for any questions about hemp/CBD licensing, liquor licensing, food service licensing, tobacco licensing and much more.


About the Author

Jonathon W. Baker, Esq., President of Baker Law, P.A., has extensive experience in business, licensing and regulatory law at the local, state and federal levels. He routinely represents clients in all stages of business formation and licensing for alcoholic beverages, food service, hemp/CBD and many other varieties of licensing and permitting. He has years of experience representing borrowers and lenders in liquor license financing and foreclosure litigation. Outside of his law practice, Jonathon is a trained musician who has played multiple styles of guitar for over 20 years and also enjoys exercising and spending time on Florida's sunny beaches.

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