Packaging Isn’t Just Aesthetic Anymore—It’s the Law

In Florida's evolving hemp industry, your packaging does more than represent your brand. As of June 16, 2025, it determines whether your products can legally stay on the shelves. Recent amendments to Rule 5K-4.034 make child-resistant, clearly labeled, and responsibly marketed packaging not just important—but mandatory.

Why Packaging Is Now a Legal Priority Commissioner Wilton Simpson and the Florida Department of Agriculture and Consumer Services (FDACS) are cracking down on hemp products that pose a risk to children. With over 726,000 noncompliant hemp products already removed from the market, enforcement is no longer theoretical. Florida businesses must align with strict packaging guidelines or risk product seizures and legal penalties.

The Legal Standard: ASTM D 3475-20 All hemp products intended for human consumption must now use child-resistant packaging that meets the ASTM International D 3475-20 standard. This standard defines the classification of child-resistant packages based on how difficult they are for children under five to open.

Key Packaging Requirements:

• Child-Resistant: Your product must not be easily opened by a child, whether it’s a tincture, edible, or beverage.

• Not Attractive to Children: Packaging can’t mimic candy, cartoons, or include imagery of humans or animals.

• Secure for Ingestion/Inhalation: Any consumable product must be treated with the same packaging seriousness as traditional food-grade items.

Aluminum Beverage Cans: A Common Question FDACS clarified that most aluminum cans with standard tab tops do comply with ASTM D 3475-20 as non-reclosable, rigid packaging. However, if your can has modifications to make it easier to open, you may be out of compliance.

How to Get Your Packaging in Check

• Consult your manufacturer about ASTM compliance

• Remove colorful, cartoon-style, or candy-lookalike labels

• Audit each SKU for packaging and labeling risks

Bottom Line: This is not just about staying compliant—it’s about earning long-term trust. The hemp industry is maturing, and so must our practices. Your packaging isn’t just a design element anymore. It’s a regulatory requirement.