Happy New Year!  Notwithstanding that Cannabidiol (“CBD”), in various forms, has been for sale in Florida for years, 2020 is bringing new Florida rules and regulation to that marketplace.

Starting in January 2020, Florida’s Department of Agriculture now has the power to regulate and inspect CBD  products and wholesale and retail facilities that prepare and/or sell prepackaged food consisting of or containing hemp extract, which includes CBD or other cannabinoids, to the end consumer or that sell that product to other businesses.

As explained by Florida’s Department of Agriculture:

“Prior to these rules being adopted and taking effect, we didn’t have regulatory authority. Now we do, and we have that up and going so that we can make sure consumers are protected.”

The new Florida regulations cover issues such as “pesticides, how packages are labeled and the inspection of products sold or produced in the state.”

Any business, online or brick and mortar, that sells CBD for ingestion must have a license and are subject to inspection and testing of their products.  CBD products, under the regulations, must limit cannabinoids to total delta-9 tetrahydrocannabinol concentration of less than 0.3% on a dry weight basis.

There is a “three-strike rule” for non-compliance:  first offense – written notice; second offense – $10,000 fine; 3rd offense your business will be prohibited from selling CBD.

Dori K. Stibolt is a partner with the law firm of Fox Rothschild LLP.  Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims.  You can contact Dori at 561-804-4417 or dstibolt@foxrothschild.com.