Food Permit Center

Food Permits and Alcohol Licenses

July 9, 2024

Any Florida business selling Hemp Extract, which is a food as provided in section 500.03(1)(m), Florida Statutes, must be permitted by the appropriate state agency.

The permitting agency for such a business may be the Department of Agriculture and Consumer Services (for food establishments such as supermarkets, grocery store, convenience stores, and whole-sale food operations), the Department of Business and Professional Regulation (for establishments such as restaurants, caterers, and public food service events), or the Department of Health (for establishments such as bars or lounges).

If a business sells alcoholic beverages and is required to obtain a license to sell alcoholic beverages from the Department of Business and Professional Regulation’s Division of Alcoholic Beverages and Tobacco, the business may also be required to have a food permit from one of the three agencies described above.

It is the responsibility of each business to determine the appropriate permitting agency.

In addition to complying with applicable permitting requirements, all businesses distributing or selling Hemp Extract must ensure the product complies with the requirements provided in section 581.217, Florida Statutes, and rule 5K-4.034, Florida Administrative Code.

Regardless of the permitting agency, the Department of Agriculture and Consumer Services may use its enforcement authority provided in sections 500.172 and 500.121, Florida Statutes, to ensure all Hemp Extract is compliant with these requirements. Section 581.217(7)(e), Florida Statutes, provides in pertinent part: “Hemp extract distributed or sold in violation of this subsection is subject to s. 500.172 and penalties as provided in s. 500.121. Hemp extract products found to be mislabeled or attractive to children are subject to an immediate stop-sale order.”

If you have any questions, please contact your local inspector or the department at (850) 245-5520.

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