Any establishment that sells, holds, or inventories pre-packaged hemp products or hemp-derived compounds that will be used in food is required to have a Hemp Food Establishment Permit. There are specific facility, labeling/packing, and other operational requirements to sell pre-packaged hemp products and hemp-derived compounds. Make sure you consult an attorney if you are considering selling hemp-derived products in your retail store or through your distribution organization.
- Hemp Licensing and Registration – The Florida Department of Agriculture and Consumer Services passed rules for retailers to obtain a Hemp Food Establishment Permit. A Hemp Food Establishment Permit is required for any establishment that sells, holds, or inventories pre-packaged hemp products or hemp-derived compounds that will be used in food. There are very specific steps and documents required to obtain your Hemp Food Establishment Permit. Contact us today to learn how you can obtain your Hemp Food Establishment Permit. Furthermore, if you already have a food permit with the division and elect to sell or distribute hemp extract intended for human ingestion, then you will not need an additional permit from the Division of Food Safety. However, you will still need to notify the division of this change in status. Mr. Cannabis Law is happy to assist with this correspondence to ensure it goes smoothly.
- Intellectual Property Protection – With the recent 2018 Farm Bill, there is a rush for new brands and retailers to enter the market. It is imperative that any new retailer or existing retailers protect their brand, including the name, logo, the phrase, or the like. This is generally achieved by registering those items as trademarks. We will assist with protecting your brand to the fullest extent of the law.
- 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.
- 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.
- 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.
- 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.
- 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.
- CBD – Having a hemp-derived CBD business comes with its own opportunities, challenges, and legal hurdles. Please see Hemp-derived CBD Business page for more information.