Federal Regulation & Florida Hemp Compliance

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Florida hemp flower testing compliance

ISO 17025 accredited | DEA registered | PJLA certified | CLIA accredited

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For
Cultivators

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For Manufacturers
& Processors

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Laboratory requirements

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ADDITIONAL RESOURCES

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R+D
TESTING

FLORIDA Compliance: What you need to know

In 2020 Florida created a state hemp program that regulates plant cultivation and ingestible products. Florida’s hemp program does not cover  smokable hemp yet. However this has been added to a recent House bill that will be signed into law in the near future.

FOR HEMP CULTIVATORS

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Licensing
process

Growers who want to cultivate hemp in Florida must submit a FREE application to the FDACS and adhere to all requirements.

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THC POtency
testing

According to Florida law, cultivators must ensure their crops contain no more than 0.3% THC on a dry weight basis

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Sample collection
& testing

Hemp cultivators must coordinate sample collection with their Laboratory and share the results with FDACS in accordance with the Pre Harvest Sampling Manual.

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Remediation
& Retesting

Cultivators have two chances to retest Plots that exceed the 0.3% THC limit before the Plots must be destroyed. 

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Rule 5B-57.014
State Hemp Program

The complete 9-page document from the Florida Department of  Agriculture and Consumer Services is available for download here.

Licensing Process

Hemp farming hopefuls in Florida must submit a free application to the FDACS to be officially designated in the state. Licensee applicants must: 

  • Pass a background check + submit fingerprints
  • Submit an environmental containment & transportation plan
  • Ensure they are using certified seeds & identify the land for cultivation
  • Follow all guidelines by FDACS.gov

THC Potency & Testing

In order to prove their Plot is below the legal limit of 0.3% THC, hemp growers must follow a precise sampling protocol and test with a state designated, DEA licensed, ISO Certified third party laboratory. 

  • Plants must be tested 15 days prior to harvest by a designated laboratory
  • The testing laboratory must submit results to the Department within two days of receipt 
  • If a crop exceeds the legal THC limit, cultivators can dispose, destroy, or re-test
  • Licensees must wait for Department approval before they can harvest the Lot
  • Learn more from Florida’s Hemp Plan

Safety Tests

Hemp cultivators are not responsible for contamination testing. Such safety tests are required by processors and manufacturers who produce ingestible hemp products. Learn more.

Sample Collection & Testing

15 days prior to harvest, hemp licensees must complete a sample submission form and work with an FDACS agent to collect a representative sample from each lot. Growers must:

  • Assemble sanitized sampling equipment and protective gear
  • Identify the Lot of hemp & divide into 4 equal parts 
  • Assemble 8 inch-long clippings from the primary stem, including floral material 
  • Submit the sample to a DEA-registered independent laboratory.  
  • Learn more on page 30 of the hemp program rules.

PRE-HARVEST SAMPLE SIZE CHART

 
FDACS hemp volume chart

REMEDIATION & RETESTING

Cultivators whose samples contain more than 0.3% THC can retest up to two times before they must dispose of the entire Plot in accordance with the following guidelines.  

  • Licensee must request a retest within one day of receiving the results
  • If the retest fails, the cultivator can request the FDACS perform a confirmatory test within one day 
  • If the confirmatory test fails, the crop must be destroyed and the cultivator must notify the Department via Notice of Disposal
  • Learn more pages 21-23 of the state hemp program

FOR HEMP PROCESSORS & MANUFACTURERS

Florida Department of Agriculture and Consumer Services Division of Food Safety (FDACS/DFS) oversees rules related to ingestible hemp products, which includes CBD. Hemp extract can only be sold if the product has a certificate of analysis (COA) prepared by an independent testing laboratory and sold in approved packaging. 

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Licensing
process

Companies who want to process hemp extract in the state must submit an application to the Department’s Division of Food Safety.

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THC POtency
testing

According to Florida law, hemp processors must ensure their products contain no more than 0.3% THC and are free from harmful contaminants.

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REMEDIATION 
& REtesting

Processors may remediate and retest products, but they can only sell extracts that are proven safe and compliant.

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LABELING &
PACKAGING

Hemp food products must adhere to generic food labeling requirements and specific hemp packaging rules.

Licensing Process

Hemp establishments–which includes any company that manufactures, processes, packs, holds, prepares, or sells food consisting of hemp or hemp extract–must be licensed in the state. 

  • Food establishments that already have a permit do not need a new one for hemp, but they should contact the FDACS about the change
  • Hemp companies who are not already licensed food establishments in Florida, must submit a $650 application

THC & Safety Testing

Processors must prove their hemp extracts are safe to ingest and non-psychoactive through a Certificate of Analysis (COA) from a designated laboratory. Here are the rules:

  • Processors must test every batch of hemp Extract they produce
  • Foods cannot contain hemp with more than 0.3% THC on a dry weight basis 
  • Hemp products must test below Florida’s acceptable safety limits for contaminants 

FLORIDA’S CONTAMINANT LIMITS

Pesticides

1. Abamectin, 300 parts per billion.

2. Acephate, 3,000 parts per billion.

3.Acequinocyl, 2,000 parts per billion.

4. Acetamiprid, 3,000 parts per billion.

5. Aldicarb, 100 parts per billion.

6. Azoxystrobin, 3,000 parts per billion.

7. Bifenazate, 3,000 parts per billion.

8. Bifenthrin, 500 parts per billion.

9. Boscalid, 3,000 parts per billion.

10. Captan, 3,000 parts per billion.

11. Carbaryl, 500 parts per billion.

12. Carbofuran, 100 parts per billion.

13. Chlorantraniliprole, 3,000 parts per billion.

14. Chlordane, 100 parts per billion.

15. Chlorfenapyr, 100 parts per billion.

16. Chlormequat chloride, 3,000 parts per billion

17. Chlorpyrifos, 100 parts per billion.

18. Clofentezine, 500 parts per billion.

19. Coumaphos, 100 parts per billion.

20. Cyfluthrin, 1,000 parts per billion.

21. Cypermethrin, 1,000 parts per billion.

22. Daminozide, 100 parts per billion.

23. DDVP (Dichlorvos), 100 parts per billion.

24. Diazinon, 200 parts per billion.

25. Dimethoate, 100 parts per billion.

26. Dimethomorph, 3,000 parts per billion.

27. Ethoprop(hos), 100 parts per billion.

28. Etofenprox, 100 parts per billion.

29. Etoxazole, 1,500 parts per billion.

30. Fenhexamid, 3,000 parts per billion.

31. Fenoxycarb, 100 parts per billion.

32. Fenpyroximate, 2,000 parts per billion.

33. Fipronil, 100 parts per billion.

34. Flonicamid, 2,000 parts per billion.

35. Fludioxonil, 3,000 parts per billion.

36. Hexythiazox, 2,000 parts per billion.

37. Imazalil, 100 parts per billion.

38. Imidacloprid, 3,000 parts per billion.

39. Kresoxim-methyl, 1,000 parts per billion.

40. Malathion, 2,000 parts per billion.

41. Metalaxyl, 3,000 parts per billion.

42. Methiocarb, 100 parts per billion.

43. Methomyl, 100 parts per billion.

44. Methyl parathion, 100 parts per billion.

45. Mevinphos, 100 parts per billion.

46. Myclobutanil, 3,000 parts per billion.

47. Naled, 500 parts per billion.

48. Oxamyl, 500 parts per billion.

49. Paclobutrazol, 100 parts per billion.

50. Pentachloronitrobenzene, 200 parts per billion.

51. Permethrin, 1,000 parts per billion.

52. Phosmet, 200 parts per billion.

53. Piperonyl butoxide, 3,000 parts per billion.

54. Prallethrin, 400 parts per billion.

55. Propiconazole, 1,000 parts per billion.

56. Propoxur, 100 parts per billion.

57. Pyrethrins, 1,000 parts per billion.

58. Pyridaben, 3,000 parts per billion.

59. Spinetoram, 3,000 parts per billion.

60. Spinosad A & D, 3,000 parts per billion.

61. Spiromesifen, 3,000 parts per billion.

62. Spirotetramat, 3,000 parts per billion.

63. Spiroxamine, 100 parts per billion.

64. Tebuconazole, 1,000 parts per billion.

65. Thiacloprid, 100 parts per billion.

66. Thiamethoxam, 1,000 parts per billion.

67. Trifloxystrobin, 3,000 parts per billion.

 

(Related Services: Pesticide Testing)

 

 

 

RESIDUAL SOLVENTS

1. 1,2-Dichloroethene, 5 parts per million

2. 1,1-Dichloroethene, 8 parts per million

3. Acetone, 5,000 parts per million

4. Acetonitrile, 410 parts per million

5. Benzene, 2 parts per million

6. Butane, 2,000 parts per million

7. Chloroform, 60 parts per million

8. Ethanol, 5,000 parts per million

9. Ethyl Acetate, 5,000 parts per million

10. Ethyl Ether, 5,000 parts per million

11. Ethylene Oxide, 5 parts per million

12. Heptane, 5,000 parts per million

13. Hexane, 290 parts per million

14. Isopropyl Alcohol, 500 parts per million

15. Methanol, 3,000 parts per million

16. Methylene Chloride, 600 parts per million

17. Pentane, 5,000 parts per million

18. Propane, 2,100 parts per million

19. Toluene, 890 parts per million

20. Trichloroethylene (1,1,2-Trichloroethene), 80 parts per million

21. Xylenes, Total (ortho-, meta-, para-), 2170 parts per million

 

(Related Services: Residual Solvents Testing)

 

METALS

1. Cadmium, 0.5 micrograms/gram.

2. Lead, 0.5 micrograms/gram.

3. Arsenic, 1.5 micrograms/gram.

4. Mercury, 3.0 micrograms/gram

 

(Related Services: Heavy Metals Testing)

 

BIOLOGICAL

1. Shiga toxin-producing Escherichia coli (STEC E. coli) and other pathogenic E. coli, none present.

2. Listeria monocytogenes, none present. 3. Salmonella, none present

 

(Related Services: Microbiology Testing)

 

MYCOTOXINS

1. Total Aflatoxin (B1, B2, G1, G2), 20 parts per billion.
2. Ochratoxin, 20 parts per billion.
 

(Related Services: Mycotoxins Testing)

REMEDIATION & RETESTING

Hemp processors and manufacturers whose products fail a safety or THC test can work with their laboratory to investigate remediation strategies and request a retest. If the company is unable to successfully remediate, its products are ineligible for sale. According to Florida’s Hemp Program:

 

  • “If a testing sample is found to contain unsafe levels of any pathogen, toxicant, residual solvent, metal, or pesticide, the food shall be considered adulterated.”

  • “If a lab sample contains more than 0.3% THC on a dry weight basis, processors must arrange to dispose or destroy the products as though it were a “controlled substance.”

 

Packaging requirements

All hemp extract packaging must contain a QR code that links to a Certificate of Analysis published by the designated testing laboratory. These products must also be labeled with:
  1. Statement of identity 

  2. Product weight and measurement

  3. Manufacturer details

  4. Nutrition facts & warnings

  5. Batch number & website

  6. Expiration date

  7. Required statement


Get full details from the ACS blog.

LABORATORY REQUIREMENTS

Florid hemp cultivators, processors and food establishments must work with designated independent testing laboratories. Designated laboratories, like ACS must meet the following requirements:

 

  • Accredited to the International Organization for Standardization (ISO) 17025:2017.

  • Registered with Drug Enforcement Administration (DEA) in accordance with 21 CFR 1301.13.

  • Utilize a Cannabinoid Analysis method included within the ISO 17025:2017 scope of accreditation.

  • The ability to deliver results within two days of sample collection. 

ACS Laboratory is the largest ISO accredited, DEA licensed, CLIA licensed Hemp/CBD and Cannabis testing facility in the Eastern United States. USDA compliant and officially a “designated laboratory” by the Florida Department of Agriculture and Consumer Services Division of Plant Industry (FDACS/DPI); ACS is the ONLY DEA licensed laboratory that performs all hemp testing in Florida.

 

State Hemp Compliance Resources:

 

R&D TESTING

In addition to compliance, ACS also conducts R+D tests for manufacturers and cultivators who want to utilize the results to improve the process of product development. R&D tests are conducted using the same process and procedures as compliance tests.

The only difference is R+D tests are available on an ad hoc basis and their results are not reported to the Department. R+D tests help provide invaluable insight for growers and processors, but their results will not make a product eligible for sale in the state. 

**Disclaimer: This content is current as of 06/22/2020. It is meant to be a guiding resource and should not be used to replace legal counsel. Please speak to a lawyer to confirm all questions related to compliance testing.

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