Hemp Food Establishment Permit

Pursuant to Section 581.217, Florida Statutes (F.S.), and Rule 5K-4.034, Florida Administrative Code (F.A.C.), the Florida Department of Agriculture and Consumer Services’ Division of Food Safety is authorized to issue food permits for the manufacturing, processing, packing, holding, preparing or selling of hemp extract intended for human consumption at wholesale or retail.

What Is a Hemp Food Establishment?

Facilities selling hemp extract intended for human consumption are required to obtain a food permit from the Division of Food Safety. The designation “hemp food establishment” signifies that the food establishment sells products consisting of or containing hemp extract intended for human consumption.

Retail hemp food establishments are food establishments that prepare and/or sell prepackaged hemp extract intended for human consumption, which includes CBD or other cannabinoids, to the end consumer.

Wholesale hemp food establishments are food establishments that manufacture, process, pack, hold or prepare hemp extract intended for human consumption, which includes CBD or other cannabinoids, and sell that product to other businesses.

What Permits Do I Need?

Any establishment that manufactures, processes, packs, holds, prepares or sells hemp extract intended for human consumption is considered a hemp food establishment and is required to have a food establishment permit from the Division of Food Safety to operate in Florida.

The manufacturing, selling and distribution of consumables with or without hemp extract are covered under a single permit with the Division of Food Safety. A food establishment that is currently permitted with the division and elects to begin manufacturing, selling or distributing hemp extract intended for human consumption will not need an additional permit from the Division of Food Safety. However, the establishment should contact the division and provide notification of this change in status. Holding a food permit with the Division of Food Safety does not preclude the necessity for additional permits or registrations with FDACS’s other divisions and/or other state agencies for non-food-related activities. 

Sanitation Requirements

The sanitation requirements for a hemp food establishment and a food establishment are identical and based on the nature of the processes used by the establishment. 

Other Permitting Requirements

Hemp extract, which includes cannabidiol (CBD), intended for human consumption has been incorporated into existing Division of Food Safety requirements. Rule 5K-4.034, F.A.C., allowing for the sale of hemp extract intended for human consumption pursuant to Section 581.217, F.S., went into effect January 1, 2020. 

The counterpart for dairy products exists in Rule 5K-10.006, F.A.C., and provides additional guidance for the manufacturing of dairy products containing hemp extract intended for human consumption along with the production requirements for the base dairy and/or frozen dessert products to which hemp extract will be added.

How to Apply for a Food Establishment Permit

To learn how to apply for a food establishment permit, select the appropriate permit type for your business model.

Retail Food Establishment Permit

Wholesale Food Establishment Permit