Hemp can be processed and extracted to create a wide variety of products. With more than 25,000 uses of hemp, hemp producers can differentiate by creating varied products. Yet, all hemp producers must obtain a state license to create hemp products. Choosing the right starting material, equipment, facility, and operating procedures is the key for any hemp extractor or hemp processor to find success in Florida’s hemp market. We can help you obtain a license to create hemp products and help you prepare for operations.
- Hemp Licensing and Registration – A hemp processor/extractor must apply for a Hemp Food Establishment Permit. There are several requirements an applicant needs to submit for a Hemp Food Establishment Permit. We will assist with drafting the application to help your operation obtain a license to process and/or extract hemp.
- Company Formation – There are a lot of variables to consider when forming your company. We will assist with ownership type, ownership structure, and preparing formation documents.
- Sourcing the Hemp – The recently-passed hemp bill includes specific provisions for distribution and retail sale of hemp extract. It requires that there is a certificate of analysis prepared by an independent testing laboratory and that there is specific information on the packaging. The bill also permits the hemp to be transported across state lines consistent with federal law. We will assist you through the entire sourcing process including identifying the right source to suit your needs, complying with the legal requirements, and negotiating the supply contracts.
- Equipment Acquisitions – Purchasing equipment for your hemp operation is one of the most critical decisions of operations. Equipment to create hemp-derived products typically cost tens of thousands-hundreds of thousands in dollars. It is essential for each operator to consider the equipment that is purchased to ensure the equipment is best suited for operations and the equipment is compliant with the requirements established by Florida. We will work with you to ensure that your hemp operation purchases the best equipment to create your desired end product.
- Facility Requirements – There are several requirements each facility that processes or extracts hemp must meet before starting operations. If an operator’s facility does not comply with the facility requirements established by Florida, the operator cannot obtain a license. Further, without understanding facility maintenance requirements, you risk a penalty by FDACS and possible license revocation. We will work with you to ensure your facility meets and exceeds the minimum standards required by Florida.
- Certified Food Protection Manager – At least one Certified Food Protection Manager (CFPM) must be present at all times when there are four or more food employees on the premises that are engaged in food establishment operations. A food employee is an individual working with unpackaged food, food equipment or utensils, or food contact surfaces. An operator may need to have more than one CFPM present depending on the number of food employees working at a given time and depending on the operator’s hours of business. We can help you navigate CFPM certification to ensure your team complies with certification requirements.
- Reporting/Testing Compliance – In order for hemp to be legal, it must contain no more than 0.3% THC. This creates various requirements with reporting/testing compliance. We will assist you in setting up procedures so that your operations comply with all reporting and testing requirements.
- Packaging Compliance – The recently-passed hemp bill requires specific information on the packaging of hemp extracts, including a scannable barcode or quick response code linked to the certificate of analysis of the hemp extract by an independent testing laboratory; the batch number; the internet address of a website where batch information may be obtained; the expiration date; the number of milligrams of hemp extract; if specific cannabinoids are marketed, the milligrams per serving of the specific cannabinoid must be listed along with its corresponding serving size; and a statement that the product contains a total delta-9-tetrahydrocannabinol concentration that does not exceed 0.3% on a dry-weight basis. Moreover, each hemp-derived product must follow non-hemp-specific packaging requirements, which include, but are not limited to, a compliant Supplements Facts Panel or Nutrition Facts Panel. We will assist you with ensuring that your packaging complies with all the laws, rules, and other regulations for Florida’s hemp program.
- USFDA/USDEA Approval – One of the previous hemp bills that was filed in the 2019 Legislative Session contained certain requirements for USFDA or USDEA approval for distributing or selling extracts as a prescription drug or an over the counter drug. While such language did not make it into the final version of the hemp bill, other laws and regulations may still impact the sale of extracts as prescription drugs or over the counter drugs. We will help you navigate any USFDA and/or USDEA approval process so that you can ensure your extract sales are legal.
- Bookkeeping and Accounting– Like any business, bookkeeping and accounting are key to understanding your business as well as complying with legal requirements. We will assist you in implementing proper accounting systems to properly capture the necessary data.
- Employment Matters– Like any business, there are various employment matters that must be properly dealt with. We will assist you with various employment matters including offer letters, equity compensation, separation agreements, employee handbook, and litigating employment disputes.
- Commercial Litigation– Most businesses have to deal with some amount of litigation. But, litigating a case in the hemp industry has its own set of complications and challenges. We are experienced and aggressive litigators.
- CBD – Having a hemp-derived CBD brand comes with its own opportunities, challenges, and legal hurdles. Please see Hemp-derived CBD Business page for more information.