New Hemp Product Standards Take Effect June 16, 2025 – Are You Compliant?

As Florida’s hemp industry continues to grow, so does the responsibility of businesses to follow evolving regulations that protect public health and safety. Today, Florida Commissioner of Agriculture Wilton Simpson is issuing a critical reminder to all hemp food establishments: the enforcement date for recent amendments to Rule 5K-4.034 is right around the corner — June 16, 2025.

The amended rule, which took effect on March 12, 2025, introduces significant updates to packaging, labeling, and marketing standards for hemp and hemp extract intended for human consumption. Enforcement begins June 16, and noncompliant businesses can expect swift action from the Florida Department of Agriculture and Consumer Services (FDACS).

“There will be zero tolerance for noncompliance,” said Commissioner Simpson. “If you’re selling products that violate these rules after June 16, you should expect swift enforcement action.”

What’s Changing? Key Rule Amendments to Know

If you manufacture, distribute, or sell hemp products in Florida, it’s essential to ensure your business is fully compliant with these new standards:

Packaging & Product Safety

Child-resistant packaging is mandatory and must comply with ASTM International D 3475-20 standards.
Products attractive to children remain prohibited, including any shaped like or labeled with images of people, animals, or cartoons.
Clarification: Aluminum beverage cans with tab tops may qualify as compliant if they meet ASTM standards — but any modifications to make them easier to open will be reviewed for compliance.

Labeling Requirements

Serving sizes must be listed in common household measurements.
A scannable QR code or barcode must link to the product’s certificate of analysis (COA) in three steps or fewer.
COAs must now include:
- Lab information
- Total Delta-9 THC concentration
- Confirmation of prohibited substances or pathogens

Water Activity for Cannabis Flower or Leaves

Must be measured and maintained at 0.60 (±0.05) for safety and quality assurance.

Advertising & Marketing

Restrictions on marketing hemp products to children remain in full force.
Marketing practices should avoid mimicking candy, toys, or other products that appeal to minors.

Why This Matters

Since July 2023, FDACS has uncovered over 726,000 packages of hemp products that appeared to target children. During a statewide sweep in summer 2023, inspectors visited over 700 businesses and found more than 83,000 high-potency products marketed in ways that violated Florida law.

The state’s approach is clear: hemp businesses must align with food safety and consumer protection laws, or risk penalties, product seizures, and loss of licensure.

What You Should Do Now

Review your current inventory and remove any noncompliant products.
Reevaluate packaging and labeling practices based on the updated rule.
Work with your suppliers and testing labs to ensure all COA requirements are met.
Train your staff on what is and isn’t allowed when it comes to marketing and sales, especially to minors.

Stay Informed

This is a pivotal moment for hemp businesses across Florida. As a member of the Florida Healthy Alternatives Association, we urge you to stay proactive, informed, and in compliance. FDACS is committed to ensuring the safety of consumers — especially children — and will not hesitate to act.

For the full rule, guidance documents, or questions about compliance, visit FDACS.gov or contact the Florida Department of Agriculture and Consumer Services directly.

If you'd like help auditing your packaging, updating your marketing practices, or understanding what compliance looks like for your product line, contact us — we’re here to help.

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