Florida Cracks Down on Hemp Products

In July 2025, Florida’s Department of Agriculture and Consumer Services (FDACS) launched Operation Safe Summer, targeting hemp products sold in packaging or labels that appeal to children. Over 85,000 packages such as gummies, vape cartridges, drinks, and more were seized across 40 counties in the first three weeks  .

Retailers and manufacturers face stiff penalties, including fines, product seizures, and license suspensions. The crackdown enforces provisions in Rule 5K‑4.034, updated March 12, 2025, and backed by Senate Bill 1676, designed to reduce youth access to intoxicating hemp products.

What Florida’s Labeling Laws Require

The amended Rule 5K‑4.034 sets strict rules on labeling, packaging, and marketing hemp-derived consumables:

1. Child-resistant packaging meeting ASTM D3475‑20 standards
   
   
2. Clear labels stating total ∆‑9‑THC, serving sizes in household units, and ingredient lists
   
   
3. No packaging attractive to children e.g. candy shapes, cartoons, bright colors
   
   
4. QR codes/barcodes that link directly to Certificates of Analysis (COAs) within three clicks
   
   
5. Prohibition of certain color additives
   
   
6. COA content requirements: lab name, total ∆‑9‑THC, pathogen/pesticide absence
   
   

These rules apply statewide to ingestible hemp products meant for human consumption.

Why FDACS Is Enforcing Label Compliance

• Child safety: Products that resemble candy or toys risk accidental ingestion by children.
  
  
• Public confidence: Accurate labeling builds trust in the hemp industry.
  
  
• Fair competition: Enforcement removes noncompliant products and levels the playing field.
  
  

FDACS has been active since July 2023 over 750,000 products have been removed, and inspectors visited 700+ businesses across 67 counties  . Starting June 16, 2025, enforcement became mandatory, no more warnings.

How LumaLex Law Can Help

If FDACS wrongly confiscates products or issues penalties, we can assist you:

• Label and packaging audits: We evaluate all claims, QR codes, COA links, serving sizes, fonts, and designs to ensure full compliance with state rules.
  
  
• Regulatory defense: We help challenge improper seizures or penalties under Florida’s administrative law process.
  
  
• Preventative compliance: We draft and review label language and COAs to align with Florida and federal law.
  
  
• Guidance for hemp businesses: Whether you’re in Miami, Orlando, or Pensacola, we offer clear, calm legal advice to stay ahead.
  

A seizure can cost thousands in lost inventory. Proactive review or responsive counsel can save your bottom line and your license.

Take Action Before It’s Too Late

• Audit existing inventory for noncompliant packaging or labeling.
  
  
• Update packaging to include child-resistant features, accurate THC disclosures, and QR codes to live COAs.
  
  
• Train employees to recognize and avoid risky marketing.
  
  
• If FDACS seizes product, contact LumaLex Law to assess whether the action was proper and pursue recovery.
  

Final Notes

Florida’s crackdown shows no signs of slowing down. Hemp businesses must quickly align with labeling, packaging, and documentation standards or risk enforcement action. LumaLex Law provides the legal insight and support to protect your rights, assets, and future in this evolving market.

Reach out today to safeguard your products and avoid costly seizures.