Wholesale Distributor of Va**ng Products, Smoke Shop Products, Head Shop Products, and C-Store Products.
04/03/2025
April 3, 2025
NOTICE TO ALL H**P FOOD ESTABLISHMENTS
As provided in the Department’s Notice to industry on March 13, 2025, Rule 5K-4.034, Florida Administrative Code, was amended and the changes to the rule went into effect on March 12, 2025.
Enforcement of the new requirements in the amended portions of the rule only will not commence until June 16, 2025. The new requirements for h**p and h**p extract for human consumption provided in the amended rule include:
• Prohibition on listed color additives
• Labeling requirements, including the use of common household measurements for serving sizes and inclusion of a scannable bar code or quick response code that links to the certificate of analysis in three or fewer steps
• Water activity for cannabis flower or leaves must be 0.60 (±0.05)
• Packaging shall be child resistant and comply with ASTM International D 3475-20, Standard Classification of Child Resistant Packages
• Certificate of analysis shall include laboratory information, the concentration of total delta-9 tetrahydrocannabinol, and whether each prohibited substance and pathogen listed in the rule is present or absent
• Limitations on marketing and advertising of h**p and h**p extract for human consumption
ALL PRIOR RULE REQUIREMENTS SET FORTH IN 5K-4.034, FLORIDA ADMINISTRATIVE CODE, THAT WERE NOT AMENDED ON MARCH 12, 2025, REMAIN IN EFFECT AND ENFORCEABLE, INCLUDING REQUIREMENTS PROHIBITING PRODUCTS AND PACKAGING THAT ARE ATTRACTIVE TO CHILDREN. AS A REMINDER, PRODUCTS THAT ARE ATTRACTIVE TO CHILDREN INCLUDE THOSE THAT ARE MANUFACTURED IN THE SHAPE OF, OR PACKAGED IN CONTAINERS THAT DISPLAY, HUMANS, CARTOONS, OR ANIMALS.
NOTICE REGARDING THE SALE OR DISTRIBUTION OF H**P BEVERAGES
H**p food establishments will be required to ensure all containers of h**p or h**p extract for human consumption are child resistant as provided in the new provisions of Rule 5K-4.034(6)(j), Florida Administrative Code, and the ASTM International D 3475-20, Standard Classification of Child Resistant Packages, Table 1, adopted therein.
A number of businesses have inquired as to whether aluminum beverage cans with a tab top are child resistant in compliance with the rule. Generally, an aluminum beverage can with a tab top will meet the ASTM International D 3475-20, Standard Classification of Child Resistant Packages, Table 1, requirements for Type V unit non-reclosable packaging that is ridged. However, modifications to the aluminum beverage can that make it easier to open may affect the Department’s analysis of child resistance.
Sincerely,
Division of Food Safety
Florida Department of Agriculture and Consumer Services
