Dept. of Agriculture and Consumer Services

Notice of Proposed Rule Change

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Food Safety

RULE NO.: RULE TITLE: 

5K-4.034 Hemp Extract for Human Consumption

PURPOSE AND EFFECT: The purpose of the rulemaking is to clarify the term “cartoon” as it is used in section 

581.217, Florida Statutes. Hemp products for human may not be “attractive to children” as provided in section 581.217(7), Florida Statutes. Under the statute, hemp products are attractive to children if they are in the shape of a cartoon or display cartoons on the packaging. The rule will clarify what is meant by the term “cartoon.”

SUMMARY: The rule will define the term “cartoon” as used in section 581.217, Florida Statutes.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: 

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency. 

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied on the Division’s experience and knowledge of the industry. Hemp products for human consumption may not be “attractive to children” as provided in section 581.217(7), Florida Statutes. Under the statute, hemp products are attractive to children if they are in the shape of a cartoon or display cartoons on the packaging. The rule will clarify what is meant by the term “cartoon.” The definition does not impose additional regulatory requirements but clarifies the existing prohibition on hemp extract products being attractive to children. Additionally, no interested party submitted additional information regarding the economic impact.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 500.09, 500.12, 570.07(23), 581.217(12) FS.

LAW IMPLEMENTED: 500.03, 500.04, 500.09, 500.10, 500.11, 500.12, 500.121, 500.13, 500.172, 581.217 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Brenda Noble at Brenda.Noble@fdacs.gov or at (850)245-5520, 3125 Conner Blvd., Tallahassee, Florida 32399

THE FULL TEXT OF THE PROPOSED RULE IS:

5K-4.034 Hemp Extract for Human Consumption.

(1) No change.

(2) Definitions. The definitions provided in Sections 500.03 and 581.217, F.S., and the following shall apply to this rule:

(a) through (c) No change.

(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.

(d) through (r) re-lettered (e) through (s) No change.

(3) through (10) No change.

Rulemaking Authority 500.09, 500.12, 570.07(23), 581.217(12) FS. Law Implemented 500.03, 500.04, 500.09, 500.10, 500.11, 500.12, 500.121, 500.13, 500.172, 581.217 FS. History–New 1-1-20, Amended 9-27-21, 3-12-25,_____.

NAME OF PERSON ORIGINATING PROPOSED RULE: Matthew D. Curran, Ph.D., Director, Division of Food Safety

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Wilton Simpson

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 15, 2025

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 18, 2025