Florida
General Regulation
Cannot exceend 0.3% on a dry-weight basis. Multi-serving containers (including cans) are being required to be resealable.
Cultivation and processing permitting via FDACS, and retail licensing as a Hemp Food Establishment. No manufacturing license specifically required.
Labeling & Packaging Requirements
N
As of 08/27/2025, the state confirmed that the proper method of labeling the expiration date is using the "EXP" abbreviation. "Expiration Date” means the month and year as determined by the processor, manufacturer, packer, or distributor based on tests or other information showing that the product, until that date, under the conditions of handling, storage, preparation, and use per label directions, will when consumed, contain not less than the quantity of each ingredient as set forth on its label. See 5K-4.034. Hemp or Hemp Extract intended for Human Consumption held beyond the Expiration Date required in section 581.217(7)(a)2., F.S., shall not be further distributed or offered for sale.
Enfocement has centered around the "attractive to children" category. There is also a call-out here for natural coloring being prohibited. The potential work-around here is to label the natural colors as natural flavors, which is not a prohibited use of the same natural ingredients.
See F.A.C. Rule 5K-4.034
The label must include:
a. A scannable barcode or quick response code linked to the certificate of analysis of the hemp extract batch by an independent testing laboratory;
b. The batch number;
c. The Internet address of a website where batch information may be obtained;
d. The expiration date; and
e. The number of milligrams of each marketed cannabinoid per serving.
Florida defines "attractive to children" as manufactured in the "shape of humans, cartoons, or animals; manufactured in a form that bears any reasonable resemblance to an existing candy product that is familiar to the public as a widely distributed, branded food product such that a product could be mistaken for the branded product, especially by children; or containing any color additives."
As of July 18, Florida proposes to define "cartoon" as:
(d) “Cartoon” means any drawing or other depiction of an object, person, animal, creature, or any similar caricature that satisfies any of the following criteria:
1. The use of comically exaggerated features;
2. The attribution of human characteristics to animals, plants, or other objects, or the similar use of anthropomorphic technique; or
3. The attribution of unnatural or extra-human abilities, such as imperviousness to pain or injury, X-ray vision, tunnelling at very high speeds, or transformation.
If specific cannabinoids are marketed, the number of milligrams of each cannabinoid per serving must be declared on the label. The serving size shall be displayed on the nutrition facts label of the product. The label and advertisement shall not contain claims indicating the product is intended for diagnosis, cure, mitigation, treatment, or prevention of disease, rendering it a drug as defined in 21 U.S.C. 321(g)(1).
(f) The label for all retail products containing Hemp or Hemp Extract intended for Human Consumption must include the serving size and servings per container expressed in Common Household Measures and the net contents expressed in both the appropriate International System of Units (SI) and United States customary units.
(i) The label of a product containing Hemp or Hemp Extract intended for Human Consumption in packaged form shall specify conspicuously the name and place of business of the processor, packer, or distributor.
(k) The scannable barcode or quick response code required in Section 581.217(7)(a)2., F.S., shall be conspicuously marked and link directly to a webpage where the required certificate of analysis may be found in three or fewer steps.
(l) The scannable barcode or quick response code required in Section 581.217(7)(a)2. F.S., shall be operational for at least 90 days after the expiration date of the product.
Hemp or Hemp Extract intended for Human Consumption may not be marketed or advertised, including business names and logos, in a manner that is attractive to children or specifically targets children. Marketing and advertising for Hemp or Hemp Extract Products intended for Human Consumption shall not contain:
(a) The use of any words, initialisms, acronyms, phrases, colors or color combinations, visual patterns, logos, images, concepts, names, or slogans that duplicate, imitate, or bear a reasonable resemblance to words, initialisms, acronyms, phrases, colors or color combinations, visual patterns, logos, images, concepts, names, or slogans used in connection with commercially available candy or food products that could be mistaken for branded products, especially by children;
(b) The use of wording, images, designs, representations, pictures, or illustrations that portray or are similar to those used in marketing or advertising of commercially available products that are intended for children; or
(c) The use of any wording that references illegal or unlawful substances or promotes the use of marijuana.
The label and advertisement shall not contain claims indicating the product is intended for diagnosis, cure, mitigation, treatment, or prevention of disease, rendering it a drug as defined in 21 U.S.C. 321(g)(1).
Container must be:
a. Is suitable to contain products for human consumption;
b. Is composed of materials designed to minimize exposure to light;
c. Mitigates exposure to high temperatures;
d. Is not attractive to children; and
e. Is compliant with the United States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without regard to provided exemptions.
FDACS confirmed cans qualify as acceptable for puproses of child-resistance: "FDACS has received inquiries regarding the acceptability of aluminum beverage cans with tab tops under the amended packaging requirements. In general, these cans meet the ASTM D 3475-20 standard for Type V unit non-reclosable packaging that is rigid. However, any modifications that make the cans easier to open may affect compliance and will be reviewed accordingly."
FDACS legal department has also taken the position that any can with multiple servings must be resealable.