Page 13 - CANNABIS NEWS FLORIDA DECEMBER 2019

Can Florida Restaurants, Coffee Shops, and Other Non-Packaged

Food Suppliers Legally Sell CBD Under Florida Law?

With the tremendous growth in CBD demand, my phone has been So, under Florida Statute Section 581.217, it appears that food establish-
ringing non-stop with calls from different business-owners looking ments are not allowed to sell non-packaged cbd-infused food products.
to cash in while also remaining compliant with the law. But there is When I called FDACS several weeks ago, I was surprised to hear that I am
one group of businesses in particular that do not have clear legal pretty much the only individual asking for guidance regarding this issue.
guidance on how to legally sell CBD products in Florida: non-pack- This leads me to believe that restaurants, coffee shops, and other non-pack-
aged food suppliers. aged food suppliers are simply unaware or ignoring the Florida Statute (not
Florida Statute Section 581.217, effective June 2019, delegates to mention being out of compliance with FDA law). Through my numerous
authority to the Florida Department of Agriculture and Consumer calls with FDACS, FDACS has confirmed that coffee shops planning to sell
Services (“FDACS”) to create a framework for legally growing, pro- non-packaged cbd-infused coffee and restaurants planning to sell non-pack-
cessing, and selling hemp-derived products. Pursuant to that aged cbd-infused meals will need to take the appropriate steps to remain
authority, FDACS has taken a position in the Proposed Hemp Rules compliant. My correspondence with the Florida Department of Business and
that is contrary to federal law by allowing food establishments to Professional Regulation (“DBPR”), the agency responsible for regulating
sell CBD- infused foods. While FDACS has broad authority with BY DUSTIN restaurants and temporary events, also confirmed that restaurants planning
respect to the hemp program, there are certain provisions in Florida ROBINSON, ESQ. CPA to sell cbd-infused food and temporary events planning to sell cbd- infused
Statute Section 581.217 that put certain limitations on FDACS’s food will need to take the appropriate steps to remain compliant.
authority. The provision that has received the most attention is the requirement in To assist with a compliant footprint for non-packaged cbd-infused food suppliers, I
Florida Statute Section 581.217 that a grower “only use hemp seeds and cultivars cer- have partnered with my client Regulated Solutions, which is a company that special-
tified by a certifying agency or a university conducting an industrial hemp pilot proj- izes in throwing events with legal on- site cannabis consumption in states that allow
ect.” FDACS has openly expressed its frustration with not being able to draft a hemp it. With Regulated Solutions’ long history of throwing huge events where legal
seed program that does not require certified seed from a certifying agency; with only cannabis consumption was taking place and with my knowledge of the cannabis law,
10 companies in the country selling certified seed, this legislative overreach will we are creating some creative SOP’s and strategies that non-packaged food suppliers
undoubtedly be a huge obstacle for the Florida hemp industry. can implement to remain as compliant as possible with state law.
However, an issue that has received much less attention is the requirement in Unfortunately, these SOP’s and strategies are not bullet-proof; and the only way a
Florida Statute Section 581.217 that any hemp extract sold in Florida be “distributed non-packaged cbd-infused supplier can be 100% confident that they are compliant
or sold in packaging” (emphasis added). Florida Administrative Rule 5k-4 explicitly with state law is through an amendment to Florida Statute Section 581.217 in the next
adopts the Federal Code relating to Food and Drugs. The Federal Code defines “pack- legislative session. For all of you non-packaged food suppliers, I implore you to let
aged” as follows: your voice be heard at the next legislative session so that we can have clear guidance
“(1) ‘Packaged’ means bottled, canned, cartoned, bagged, or wrapped, whether to keep you compliant. While the packaging requirement may not be as important as
PACKAGED in a FOOD ESTABLISHMENT or a FOOD PROCESSING PLANT. the certified seed requirement, both issues are extremely ripe for a legislative revision!
(2) ‘Packaged’ does not include wrapped or placed in a carry-out container to pro-
tect the FOOD during service or delivery to the CONSUMER, by a FOOD EMPLOY- Dustin Robinson, Esq. CPA, Founding Partner, Mr. Cannabis Law, can be reached at
EE, upon CONSUMER request.” drobinson@mrcannabislaw.com or (954) 258-6084 or visit www.mrcannabislaw.com.

Back Cover Story: Quality Analytical Cannabis Testing: A Family Legacy

Continued from Back Page and FDA audit compliance, assures con- utilize state-of-the-art technology and “We have partnered with scientific
sistent, precise and accurate methods to equipment to certify potency, safety, agencies within the industry and validat-
lytical testing to cultivators, dispen-
saries, inhalable formulators, nutritional detect cannabinoid levels, pesticides, and purity and cleanliness of the regulated ed our methods with peers presenting
and herbal supplement manufacturers. other contaminants, and a rigorous qual- cannabis product and insure homogene- white papers and webinars to help stan-
Americanna partnered with Agilent ity management system. ity and efficacy of product dosage. The dardize methods within the industry,”
Technologies, a global leader in instru- “Our COA delivers clients a premiere result is a certified end-product free of Steven Perez noted.
mentation for life sciences, diagnostics testing investment in their brand reputa- contaminants, including pesticides, As for the future, the Perez family sees
and applied chemical markets using tion,” David Perez commented, “and an microbiological agents, chemicals and that cultivators will demand real time
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collaboration to give clients the highest user.” accurate professionals are at the core of entail mobile laboratories to monitor and
confidence in test results. Additionally, they also participate in earning accreditation. report THC levels and contaminants on a
“Americanna, a DEA registered lab, is The Emerald Test™ an Inter-Laboratory In 2018, Florida elected a new weekly basis.
dedicated to using the right instrumenta- Comparison and Proficiency Test Commissioner of Agriculture who “The consequences of a contaminated
tion to get the job done, on time and effi- (ILC/PT) program for cannabis testing recently announced the creation of a product could lead to serious health
ciently. Accordingly, in 2019, facilities. It brings to the cannabis indus- Director of Cannabis position to share implications to an immune-compro-
Americanna achieved ISO/IEC try a well-established standard for testing knowledge, highlight issues and partici- mised patient or a consumer using hemp
17025:2017 accreditation, the world’s found in the environmental, food, phar- pate in solutions to insure a safe market. and CBD final products; thus, early
highest level of quality standards and the maceutical, water, and petrochemical Americanna Laboratories founders fore- immediate access to results will be
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“We provide comprehensive cannabis helps establish an industry benchmark Because Americanna has a global client will pursue all avenues for research and
testing for potency, homogeneity, micro- for cannabis testing. base they maintain a continually updated delivery of information to our clients,”
bial contamination, heavy metals, myco- Accreditation also requires personnel knowledge base of rules and regulations he noted.
toxins, residual solvents, and pesticides to be deemed competent to perform all which vary from state to state and coun-
on all forms of cannabis from flowers to testing on the scope of accreditation in try to country. As a pharma-grade labora-
oils and tinctures to edibles,” he compliance with differing state and fed- tory with review and approvals from a For more information,
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32 December 2019 cannabisnewsflorida.com Cannabis News Florida