Enforcement Begins for Florida’s Stricter Packaging, Labeling for Hemp Products

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In a June 24, 2025, press release, Florida’s Department of Agriculture and Consumer Services Commissioner Wilton Simpson announced results from enforcement of new hemp compliance standards for child-resistant packaging, labeling, and marketing (1). In its first week, he reported, nearly 11,000 packages were removed from retailers and manufacturers as part of “Operation Safe Summer.”

“We have drawn a hard line in Florida when it comes to protecting our children from dangerous and deceptive hemp products,” stated Simpson in the press release. “'Operation Safe Summer' is our latest effort to crack down on bad actors who think they can skirt the law, ignore public safety, and profit off high-potency, intoxicating hemp products that endanger our children. We will not tire in our commitment to cleaning up this industry, holding violators accountable, and sending a clear message: if you refuse to follow the law, you won’t be doing business in Florida.”

Products considered to be attractive to children include those resembling animal shapes, human shapes, or cartoons.

As stated in the press release, updates to the hemp and hemp extract regulations of the recently-amended Rule 5K-4.034, Florida Administrative Code include (1):

• Prohibition on specified color additives.
• Mandatory child-resistant packaging in accordance with ASTM International D 3475-20, Standard Classification of Child Resistant Packages.
• Certificates of analysis must now include laboratory information, the concentration of total delta-9 THC, and confirm the presence or absence of prohibited substances and pathogens.
• Restrictions on marketing and advertising of hemp and hemp extract intended for human consumption.
• Enhanced labeling requirements, including the use of common household measurements for serving sizes and providing the scannable barcode or QR code must link to the certificate of analysis within three or fewer steps.
• Water activity for cannabis flower or leaves must be 0.60 (±0.05).

Last month, the Commissioner had published a reminder for retailers on the upcoming enforcement of the new standards for packaging, labeling, and marketing of hemp products, which were set to begin on June 16, 2025 (2). That press release also addressed inquiries regarding aluminum beverage cans with tab tops, clarifying that the cans generally meet the required ASTM International standards, but any modifications could affect compliance.

More than 738,000 hemp packages have been found to be in violation of child-protection standards since July 1, 2023, the press release added (1). During the 2023 legislative session, SB 1676 had outlined new regulations including age requirements for purchasing hemp products, prohibiting marketing to children, and upholding safety standards. Inspections during summer of 2023 were conducted in all counties in the state and included more than 700 businesses, finding more than 83,000 hemp-extract packages that were considered to be targeting children.

References

1. Florida Department of Agriculture and Consumer Services. Commissioner Wilton Simpson Announces Nearly 11,000 Hemp Products Removed for Violations of Child-Protection Standards in First Week of 'Operation Safe Summer' https://www.fdacs.gov/News-Events/Press-Releases/2025-Press-Releases/Commissioner-Wilton-Simpson-Announces-Nearly-11-000-Hemp-Products-Removed-for-Violations-of-Child-Protection-Standards-in-First-Week-of-Operation (accessed July 1, 2025).
2. Florida Department of Agriculture and Consumer Services. Commissioner Wilton Simpson Issues Reminder to Hemp Food Establishments on Upcoming Enforcement of Amended Rule https://www.fdacs.gov/News-Events/Press-Releases/2025-Press-Releases/Commissioner-Wilton-Simpson-Issues-Reminder-to-Hemp-Food-Establishments-on-Upcoming-Enforcement-of-Amended-Rule (accessed July 1, 2025).