Page 12 - Cannabis News Florida Novemebr 2019

I Want to Get Involved in the Green Rush in Florida.

How Do I Do It?

BY PAULA SAVCHENKO taining hemp extract and CBD must employ a qualified individual who has taken the
Food Safety Preventive Control Alliance training course.
Everyone wants to get involved in the green rush of Once the DACS begins accepting applications, select “Yes” on the application when
the year – cannabis. Attorneys working in the space are it asks, “Do you manufacture, process, pack, hold, prepare or sell any food products
getting an influx of calls about hemp cultivation and intended for human consumption that contain hemp, hemp extract, CBD, or other
commercialization. In Florida, SB 1020 is the legal cannabinoids?” There are additional requirements, including what needs to be written
framework that will govern the hemp industry. Further, in to the application.
the Department of Agriculture and Consumer Services Then you will need to undergo an inspection process and pay the permit fee.
is working on finalizing their draft rules, which will
then be submitted to the USDA for approval once the Cultivation Facility
USDA has its own rules in place. The Department will Once the DACS begins accepting applications for cultivation, then submit an appli-
also release applications for hemp cultivation, process- cation including: a detailed description of each Plot location intended for the cultiva-
ing and retail once the rules are finalized. tion of hemp, including address, legal land description, tax parcel number, and GPS
The first step is to decide your business plan, mean- coordinates; a full set of fingerprints for each Control Person; an environmental con-
ing do you want to be involved in cultivation, process- tainment plan for each proposed facility location; a waste disposal plan. There are addi-
ing, packaging, labeling, and/or retail. Like any indus- tional requirements, including what needs to be written in to the application.
try, there are many ways to get involved as you can be a More information can be found at the Florida Department of Agriculture and
plant touching business or an ancillary service Paula Savchenko Consumer Services (links provided throughout article). The Department anticipates
provider. finalizing its rules soon and having an open application submission available in the
Then, you need to pick your location and obviously the location will differ based end of November to December of this year. This is an exciting time for this industry! If
on the type of business you choose to open, i.e. cultivation, processing, retail or ancil- you are interested in getting involved in the industry then call the Law Offices of Moffa,
lary. Sutton and Donnini for a free consultation.

Retail Facility Paula Savchenko, attorney at the Law Offices of Moffa, Sutton, & Donnini, P.A.,
If you choose to have an involvement with the handling of hemp that will be ingest- can be reached at PaulaSavchenko@MSDTaxLaw.com.
ed, then you will need to ensure your facility is built to code with the minimum con-
struction standards for a food establishment. You also will likely need a food permit
from the Department of Agriculture and Consumer Services, which is available for sub-
mission currently. This process includes filling out an application, having the
Department come out to inspect your facility and designating a certified food protection
manager.
Then, once the Retail Food Hemp Permits are available, which will be in the end of
November to beginning of December of this year, you will need to submit your applica-
tion. In preparation for this, you will need to draft your application so you can be one of
the first to submit your application. Several topics that are required to be covered in the
application are covered in the current draft rules.
Once you have determined that your business meets all requirements, you must apply
for a food permit no more than 14 days prior to your anticipated opening date. Then, a
field inspector will come out and do an onsite inspection within two weeks. The fee for
operation of a Hemp Food Establishment is $650.

Manufacturing/Processing Facility
For processing, all food consisting of or containing hemp extract and CBD must meet
the labeling requirements found in 21 CFR 101 including:
• The identity of the product.
• A list of ingredients (including sub-ingredients) in order of preponderance.
• The business name and street address of the responsible party (manufacturer),
including city, state and zip code or if such information is available through a website
printed on the product label.
• The net weight of the product without packaging, including the net weight expressed
in metric and U.S. customary form.
The products must also comply with the labeling requirements of Chapter 500, F.S.,
specifically Section 581.217(7), F.S., and Rule 5K-4.034, Florida Administrative Code.
All food establishments manufacturing hemp extract and CBD for food or foods con-

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