On October 10, 2019, the Florida Department of Agriculture and Consumer Services (the “Department”) published the Notice of Proposed Rules for the State Hemp Program (the “Rules”). The issuance of these proposed Rules comes in the wake of the 2018 Farm Bill’s removal of hemp from the Controlled Substances Act and Gov. Ron DeSantis’ June 25, 2019 signing of Senate Bill 1020, which created an industrial hemp program in Florida with the aim to regulate statewide cultivation, transportation, sale, labeling, and quality control of hemp, as well as the introduction of hemp into food for both human and pet consumption.
The Rules state that it is unlawful for any person to cultivate hemp in Florida without a license to do so issued by the Department. Licenses will be issued for 12 month periods, will not be transferable and must be renewed on or prior to their expiration. As part of the application process, applicants must provide information to the Department, including but not limited to a detailed description of each plot location intended for the cultivation of hemp, fingerprints for “Control Persons” (as defined therein), an environmental containment plan for each plot and a transportation and movement plan that ensures all plant material is covered and moved in full containment during transport.
Cultivation requirements for licensees are also set forth in the Rules. Licensees must comply with the Hemp Waste Disposal Manual and maintain documentation of the varieties of hemp cultivated for a period of three (3) years. These records must also include plant movement records, sales receipts, and records of hemp seed sourcing. Prior to harvesting each plot, the Rules require licensees to collect a representative sample from each plot for testing and no plot may be harvested until lab results indicate that the sample does not have a THC concentration that exceeds 0.3% on a dry weight basis. Hemp on plots not in compliance must be destroyed or remediated in compliance with Department rules. However, the Rules do provide a process for harvesting before receiving lab results if necessary – but the harvested material must remain segregated from other harvested hemp until independent testing laboratory results are available.
When it comes to sourcing, the Rules state that hemp seeds may only be sourced from certified hemp cultivars or from a Florida Licensed Nursery and are required to meet a minimum standard of germination. The Rules state that seeds may be certified by a certifying agency or an institution/university conducting an industrial hemp pilot project pursuant to s. 1004.4473, F.S. The proposed Rules also set forth interstate transportation guidelines which require all hemp plant material destined for Florida to be accompanied by proof of origin with license number, or equivalent, from the jurisdiction of origin including a phytosanitary certificate of inspection. The Rules also set forth pesticide limits, as well as labeling requirements and restrictions for hemp products.
The public comment period for these rules will end on October 31st, 2019. Any public comments may be emailed to Cannabis@fdacs.gov with “Public Comment” in the subject line. In addition, the Department will be holding two public hearings to allow any members of the public to provide comments on the proposed Rules. The information for these two hearings are below:
Tallahassee Public Hearing
When: October 18th at 9:00am
Where: Capitol Cabinet Room
Tampa Public Hearing
When: October 21st at 9:00am
Where: Florida State Fairgrounds
