Are you an antique and collectibles dealer with dreams of operating a hot dog stand alongside CBD products?
Probably not.
But the regulation of hemp-derived CBD in the Sunshine state makes it possible.
That’s because Florida is among a small number of states boldly recognizing hemp-derived CBD as food. And that’s a big deal. To be frank, the federal government tends to disagree.
Still, businesses across Florida are wading into murky waters for the opportunity to become a destination of sorts for CBD-infused commodities, well ahead of the national market.
FDACPS Regulations for Selling CBD
That said, potential CBD retailers would do well to be mindful of the regulatory framework that the Department of Agriculture Consumer Protection Services (FDACPS) continues to expand. See generally F.A.C. Rule 5K-4.034 and F.S. 581.217.
For now, FDACPS treats a storefront hopeful to sell ingestible CBD much like any other similarly-situated food business, but with its own special “Hemp Food Establishment Permit” at a cost of $650.
Otherwise, the process mirrors that of any other food vendor–depending on how you intend to handle and sell the CBD oil or CBD-infused product, you’ll have to sort through sanitation and wastewater needs, meet the minimum construction standards for your business type, and make sure local authorities are on board. More than likely you’ll also be subject to a few more FDACPS inspections than your non-CBD neighbors.
In practical terms then, so much as a CBD gummy bear renders your business a food retailer subject to the rules and regulations of a similarly-situated food establishment (in that case, prepackaged foods, like hot dogs!). While your storefront may already meet many of those requirements, it’s important to recognize that falling under FDACPS’ regulatory authority is much more than a fee and some inspections.
CBD products must follow certain labelling requirements and be sourced from FDACPS-approved manufacturers (CBD is very clearly excluded from Florida’s cottage laws). And, again, be sure to keep track of the ever-changing CBD landscape. Since the federal government still isn’t totally on board, watch what you say about the benefits of CBD and understand that any future financing needs may be affected by your new CBD-infused treats.
But every new hoop to jump is an opportunity to expand the business. Developing a small coffee shop, showcasing other local food products, or making room for some hot dogs, the choice is yours–if you’re going to be treated like a food establishment, you might as well act like one.
Contact Groves Law Today
Questions about ingestible CBD? Let’s chat.
CBD products have many regulations and Groves Law can help you navigate them to expand your business.
Contact us at contact@groveslaw.ag to schedule a consultation.