Florida Implements New Hemp Extract Regulations: Key Changes for 2025
By Juliana Todeschi
Mar 24, 2025
The Florida Department of Agriculture and Consumer Services (FDACS) recently finalized Rule 5K-4.034, introducing new regulations for hemp extract intended for human consumption. Effective March 12, 2025, the rule aims to ensure that hemp extract products in the state, such as consumable products and vapes, meet certain safety standards and are less attractive to children. The new rule introduces stricter regulations to address concerns surrounding hemp extract product attractiveness to children and safety precautions regarding minors. The key components of the rule are:
Prohibition of 66 Additives in Hemp Extract Products
To combat hemp extract product attractiveness to children, FDACS has enumerated 37 color additives that are outright prohibited and another 29 additives that are prohibited if used as a colorant. Among the prohibited color additives are FDA-approved color additives such as FD&C Blue No. 1 and 2, FD&C Red No. 40, and Cochineal Extract, among others. Importantly, 25 of the color additives are not Generally Recognized as Safe (GRAS) by the FDA. These types of color additives are prohibited for use in a hemp extract product manufactured, distributed or marketed in Florida.
The more shaking measure by FDACS comes with its prohibition of the other 29 additives, which are strictly prohibited for use in a hemp extract product when used as a colorant, suggesting that these additives may be permissible if used for another purpose, such as flavor. Among this list of additives are many commonly used spices and flavorings, such as beet powder, caramel, fruit juice, vegetable juice, carrot oil, paprika, saffron, spirulina extract and turmeric.
Stricter Child-Resistant Packaging Requirements
The newly finalized rule also adopts the American Society for Testing and Materials (ASTM) standard for child-resistant (CR) packaging. While there are several ASTM-approved CR packaging options that may work for edible products, such as gummies, the only “can” that has received CR approval requires a standalone tool to open, such as a soup can. Notably, the ASTM recognizes that a pull-tab can that requires “localized force” to open could qualify as CR, but no such can has been identified by the ASTM as CR at this time.
What This Means for Hemp Businesses in Florida
Manufacturers and retailers selling hemp extract products in Florida must comply with the new rule to avoid regulatory penalties. This includes reformulating products to eliminate banned additives and updating packaging to meet ASTM child-resistant standards.
Although FDACS advised in a notice that it will not begin enforcing the new rule until June 16, 2025, the department is actively enforcing the statute and existing regulations, meaning businesses should take immediate steps toward compliance.
Vicente LLP is actively monitoring hemp regulations in Florida and across the U.S. Our team provides regulatory compliance guidance, product labeling reviews, and packaging consultations to help businesses navigate evolving hemp laws. If you have questions about how these new rules affect your operations or need assistance ensuring compliance within your operations, contact our Hemp Department today!
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