Hot Dogs & CBD

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.

Because we’re attorneys: This blog post is provided on an “as is” and “as available” basis as of the date of publication. We disclaim any duty to update or correct any information contained in this blog post, including errors, even if we are notified about them. To the fullest extent permitted by law, we disclaim all representations or warranties of any kind, express or implied with respect to the information contained in this blog post, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, and timeliness. We will not be liable for damages of any kind arising from or in connection with your use of or reliance on this blog post, including, but not limited to, direct, indirect, incidental, consequential, and punitive damages. You agree to use this blog post at your own risk. Regarding your particular circumstances, we recommend that you consult your own legal counsel (hopefully Groves Law).

Kara Groves

After earning her law degree from University of Florida Levin College of Law and working as a tort defense litigator, Kara is settling down and bought some acreage out in Mount Dora. She has returned to her sustainable, regulatory background to help farmers and locally-focused businesses innovate and capitalize on direct-to-consumer movements across the state. In her off time, Kara is an avid gardener and cook. You’ll often find her in downtown Mount Dora adding to her plant collection or taking client meetings in the local brewery and marketplace.

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