April 8, 2020 

The Honorable Sonny Perdue 

Secretary of Agriculture 

U.S. Department of Agriculture 

1400 Independence Ave., S.W. 

Washington, DC 20250 

Dear Secretary Perdue: 

Thank you for the important work that you are doing to promote and restore economic 

opportunities in our rural communities. As public servants representing farmers, it is vital that we 

address the impacts that climate change, unfair trade practices, and declining farm income have 

had on our constituents. Providing farmers with a new, alternative crop is a strong step in that 

endeavor. 

Since the passage of the Agriculture Improvement Act of 2018, the Florida Department of 

Agriculture and Consumer Services (“Department”) has worked to create a plan that not only 

meets congressional requirements but one that works for Florida farmers. I believe this plan does 

both. Florida’s plan consists of section 581.217, Florida Statutes, and rule 5B-57.014, Florida 

Administrative Code. Section 297B(a)(2)(A) of the Agriculture Improvement Act of 2018 

outlines seven main requirements that each state plan must include. Below are those 

requirements along with the responsive statute and/or rule: 

(1) Inventory of land used for the cultivation of hemp. 

The following citations demonstrate the state’s plan “to maintain relevant information 

regarding land on which hemp is produced in the State ... including a legal description of the 

land, for a period of not less than 3 calendar years[.]” See Sec. 297B(a)(2)(A)(i). 

See sections 581.217(5)(d), (8), and (9), Florida Statutes. 

See rule 5B-57.014(4)(b), Florida Administrative Code. 

See rule 5B-57.014(5)(d), Florida Administrative Code. 
The Honorable Sonny Perdue 

April 8, 2020 

Page Two 

(2) Testing Procedures. 

The following citations demonstrate the state’s “procedure[s] for testing, using 

postdecarboyxlation or other similarly reliable methods, delta-9 tetrahydrocannabinol 

concentration levels of hemp produced in the State. See Sec 297B(a)(2)(A)(ii). 

See section 581.217(12)(a), Florida Statutes. 

See rule 5B-57.014(1)(f), Florida Administrative Code. 

See rule 5B-57.014(2)(c)3., Florida Administrative Code. 

See the Designated Laboratory Compliance Agreement, FDACS-08121, 12/19. 

(3) Disposal procedures for plants and plant products. 

The following citations demonstrate the state’s "procedure for the effective disposal of 

plants, whether growing or not, that are produced in violation of this subtitle, and products 

derived from those plants[.]" See Sec. 297B(a)(2)(A)(iii)(l)-(II). 

See section 581.217(12), Florida Statutes 

See rule 5B-57.013(6)(b), Florida Administrative Code. 

See rule 5B-57.014(12)(b), Florida Administrative Code. 

(4) Enforcement procedures. 

The following citations demonstrate the state’s ''procedure[s] to comply with the enforcement 

procedures under subsection (e) ... " regarding negligent and other violations in Florida. See 

297B(a)(2)(A)(iv). 

See sections 581.217(10), (11), (13)(c), Florida Statutes 

See rule 5B-57.014(13), Florida Administrative Code. 

(5) Annual Inspections. 

The following citations demonstrate the state’s "procedure for conducting annual inspections 

of, at a minimum, a random sample of hemp producers to verify that hemp is not produced in 

violation of this subtitle[.]." See 2978(a)(2)(A)(v). 
The Honorable Sonny Perdue 

April 8, 2020 

Page Three 

See section 581.217(11)(c), Florida Statutes. 

See rule 5B-57.014(10), Florida Administrative Code. 

(6) Information Sharing. 

The following citations demonstrate the state’s "procedure[s] for submitting the information 

described in section 297C(d)(2), as applicable, to the Secretary not more than 30 days after 

the date on which the information is received," See 2978(a)(2)(A)(vi). 

See section 581.217(9), Florida Statutes. 

See rule 5B-57.014(4), Florida Administrative Code. 

See attached document titled “Application for License to Cultivate Hemp, FDACS-08112, 

12/19.” 

See rule 5B-57.014(5), Florida Administrative Code. 

(7) State certification. 

See section 581.217(1), Florida Statutes. 

See attached document titled “State Plan Certification.” 

To assist the United State Department of Agriculture in its review, the Department has also 

included the “State and Tribal Government Plan Requirements” published on USDA’s website in 

italicized text along with the responsive statute(s) and/or rule(s). 

I look forward to our continued partnership with USDA and appreciate your consideration of 

Florida’s plan to regulate the domestic production of hemp. 

Sincerely, 

Nicole Fried 

Commissioner of Agriculture 
The Honorable Sonny Perdue 

April 8, 2020 

Page Four 

Attachments: 

Requirements for State and Tribal Hemp Plans 

Hemp Program Certification 

Laws of Florida Chapter 2019-132 

Rule 5B-57.014, Florida Administrative Code 

Rule 5E-4.006, Florida Administrative Code 

Rule 5E-4.007, Florida Administrative Code 

Rule 5E-4.016, Florida Administrative Code 

Designated Laboratory Compliance Agreement, FDACS-08121 

Pre-Harvest Sampling Manual, FDACS-08127 

Post-Harvest Sampling Manual, FDACS-08129 

Cannabis Sample Submission Form, FDACS-08114 

Application for License to Cultivate Hemp, FDACS-08112 

Hemp Waste Disposal Manual, FDACS-08115 

Notice of Disposal, FDACS-08116 
TABLE OF CONTENTS 

Requirements for State and Tribal Hemp Plans ........................................................1-7 

Hemp Program Certification.................................................................................8 

Laws of Florida Chapter 2019-132 (section 581.217, Florida Statutes)...........................9-16 

Rule 5B-57.014, Florida Administrative Code.......................................................17-25 

Designated Laboratory Compliance Agreement, FDACS-08121.................................26-29 

Pre-Harvest Sampling Manual, FDACS-08127......................................................30-32 

Cannabis Sample Submission Form, FDACS-08114...................................................38 

Rule 5E-4.006, Florida Administrative Code............................................................48 

Post-Harvest Sampling Manual, FDACS-08129.....................................................33-37 

Application for License to Cultivate Hemp, FDACS-08112.......................................39-43 

Hemp Waste Disposal Manual, FDACS-08115......................................................44-46 

Notice of Disposal, FDACS-08116........................................................................47 

Rule 5E-4.007, Florida Administrative Code.........................................................49-50 

Rule 5E-4.016, Florida Administrative Code.........................................................51-52 
 

 

 

Requirements for State and Tribal Hemp Plans 

1. Plans to maintain relevant producer and land information 

• Collect, maintain and provide to USDA contact and real-time information for 

each hemp producer licensed or authorized in the state or territory of the tribal 

government (whichever applicable) 

FDACS Response: The Department will require applicants to complete the document 

titled “Application for License to Cultivate Hemp FDACS-08112.” The 

Department has software capabilities to generate custom reports and provide those 

reports to USDA on recurring schedules or upon request. 

• Provide contact information for each hemp producer covered under the plan 

including name, address, telephone number, and email address (if available). If 

the producer is a business entity, the information must include the full name of the 

business, address of the principal business location, full name and title of the key 

participants, an email address if available, and EIN number of the business entity. 

This information can be provided via mail, fax, or email. 

FDACS Response: The Department will require applicants to complete the document 

titled “Application for License to Cultivate Hemp FDACS-08112.” All the above 

information is required for licensure. 

• A legal description collected and forwarded for land where hemp is produced in 

the state or tribal territory. 

FDACS Response: The Department will require applicants to complete the document 

titled “Application for License to Cultivate Hemp FDACS-08112.” The 

Department requires applicants to provide a detailed description of each location 

intended for the cultivation of hemp, including the address, legal land description, 

tax parcel number, and GPS coordinates. Additionally, pursuant to rule 5B57.014(5)(d), F.A.C., Licensees are required to notify the Department sixty (60) 

days before any changes to cultivation location’s approved on the initial 

application. 
 

 

• Maintain and report to USDA status of licensed producers (and any changes) and 

license or authorization numbers of producers 

FDACS Response: The Department has software capabilities to generate custom reports 

that include this information and will provide those reports to USDA on recurring 

schedules or upon request. 

2. Plans for accurate and effective sampling testing using post decarboxylation or similar 

reliable methods 

• Procedures for collecting samples from the flower material of plants 

FDACS Response: The Department has adopted a procedure for collecting floral hemp 

material prior to harvest in rule 5B-57.014(8), F.A.C. The sample collection will 

be done by the Department or its agent and will be done in accordance with the 

documents titled, “Pre-Harvest Sampling Manual FDACS-08127” or “PostHarvest Sampling Manual, FDACS-08129,” as applicable.

• Procedures to conduct sampling and testing 15 days prior to the harvest date 

anticipated 

FDACS Response: The Department has adopted a procedure for collecting floral hemp 

material prior to harvest in rule 5B-57.014(8), F.A.C. and a procedure for 

harvesting hemp in rule 5B-57.014(9), F.A.C. 

• Procedures to ensure the method used for sampling represents a homogenous 

composition of the lot 

FDACS Response: The Department’s sampling ratios are included in both the “PreHarvest Sampling Manual FDACS-08127” and the Post-Harvest Sampling 

Manual FDACS-08129” these manuals are adopted by reference in rules 5B57.014(2)(c)3. and 5B-57.014(8)(f), F.A.C., respectively. The ratios in both 

mirror USDA’s ratios.

• Procedure/statement/allowance to require the producer or an authorized 

representative of the producer to be present at the growing site during sample 

collection 

FDACS Response: The Department has adopted a procedure for collecting floral hemp 

material prior to harvest in rule 5B-57.014(8), F.A.C. Pursuant to rule 5B57.014(8), F.A.C., the licensee or its agent must be present during sample 

collection. 

• Procedures to allow for representatives of the sampling agency to have complete 

and unrestricted access during business hours to all hemp and other cannabis 

plants and all land, buildings, etc. used for cultivation and/or handling 

2 

Rev. 6/20 
 

 

 

FDACS Response: Pursuant to section 581.217(11), Florida Statutes, the Department, or 

its agent, is authorized to enter any public or private premises during regular 

business hours in the performance of its duties relating to hemp cultivation. 

• Procedures to ensure that a producer does not harvest any cannabis prior to 

samples being taken 

FDACS Response: The Department has adopted a procedure for collecting hemp 

samples prior to harvest in rule 5B-57.014(8), F.A.C. and a procedure for 

harvesting hemp in rule 5B-57.014(9), F.A.C. Among other things, Licensees are 

not permitted to harvest any hemp prior to the collection of samples. 

• Procedures to require testing for delta-9 THC concentration. The procedures 

must require accurate identification of the acceptable hemp THC level. Testing 

methods must include but are not limited to: 1) Post decarboxylation or other 

similarly reliable method (*if “similarly reliable,” verify with AMS S&T); 2)

Consideration of potential conversion of delta-9 THCA into THC and test result 

measure total available THC (THC + THCA); 3) Use of gas or liquid 

chromatography with detection; 4) Procedures to determine total THC 

concentration on a dry weight basis 

FDACS Response: The Department has adopted a procedure for testing of hemp 

material prior to harvest in rule 5B-57.014(8), F.A.C. Under the Department rule, 

Licensees will be required to use a Designated laboratory for any 

Tetrahydrocannabinol concentration sampling. Both the Department laboratory 

and a Designated laboratory must test for Total delta-9 concentration in 

accordance with the “Designated Laboratory Compliance Agreement FDACS08121.” Article 7 of this Compliance Agreement addresses post decarboxylation, 

the consideration of the potential conversion of delta-9 THCA into THC, and the 

use of gas chromatography and high-performance liquid chromatography. 

• Procedures that prohibit handling, processing, or entering the stream of 

commerce of any hemp grown in a lot where the acceptable hemp THC level is 

noncompliant 

FDACS Response: The Department has adopted a procedure for testing of hemp 

material prior to harvest in rule 5B-57.014(8), F.A.C. Among other things, if the 

laboratory report indicates that the Total delta-9 tetrahydrocannabinol exceeds 

0.3% on a dry weight basis, the Department will notify the licensee that the 

licensee has produced cannabis that exceeds the acceptable Total delta-9 

tetrahydrocannabinol concentration and that the licensee must arrange for the 

collection of the non-compliant Lot by a DEA-registered reverse distributor, or a 

duly authorized Federal, State, or local law enforcement officer. Licensees are 

also provided the opportunity to dispose of the non-compliant Lot in accordance 

with the Hemp Waste Disposal Manual, FDACS-08115. Regardless of the option 

3 

Rev. 6/20 
 

 

 

 

 

 

chosen, the Licensee must notify the Department of using the form titled, “Notice 

of Disposal FDACS-08116” upon collection or destruction of the non-compliant 

Lot. 

• Procedures to ensure the hemp plant material from one lot not be commingled 

with hemp plant material from other lots 

FDACS Response: The Department has adopted a procedure for the harvesting of hemp 

in rule 5B-57.014(9), F.A.C. The Department allows for a Lot to be harvested 

once the pre-harvest laboratory results indicate that the sample does not have a 

Total delta-9-tetrahydrocannabinol concentration that exceeds 0.3 % on a dry 

weight basis. Additionally, the Department allows for a Lot to be harvested after 

sampling, but before per-harvest laboratory results are available if the Licensee 

complies with certain enumerated criteria. 

• Procedures to require hemp testing laboratories to adhere to standards of 

performance for detecting THC concentration, including Measurement of 

Uncertainty (MU); must use DEA registered labs. 

FDACS Response: The Department has adopted a procedure for testing of hemp 

material by Designated Laboratories prior to harvest in rule 5B-57.014(8), F.A.C., 

Laboratories must be ISO 17025:2017-accredited including for Cannabinoid 

Analysis, be registered with the DEA1, provide all proficiency sampling 

documentation to the Department, and, use JCGM 100:2008, Evaluation of 

Measurement Data-Guide to the expression of uncertainty in measurement 

(GUM) or the laboratory’s ISO17025:2017 approved procedure.

3. Plan for disposal procedures 

• Procedures for plants that do not meet the requirements of this part 

FDACS Response: The Department has adopted a procedure for testing of hemp 

material prior to harvest in rule 5B-57.014(8), F.A.C. If the laboratory report 

indicates that the Total delta-9 tetrahydrocannabinol exceeds 0.3% on a dry 

weight basis, the Department will notify the licensee that the licensee has 

produced cannabis that exceeds the acceptable Total delta-9 tetrahydrocannabinol 

concentration and that the licensee must arrange for the collection of the noncompliant Lot by a DEA-registered reverse distributor, or a duly authorized 

Federal, State, or local law enforcement officer. Licensees are also provided the 

opportunity to dispose of the non-compliant Lot in accordance with the Hemp 

Waste Disposal Manual, FDACS-08115. Regardless of the option chosen, the 

1 Pursuant to section 120.542, Florida Statutes and to maintain consistency with USDA guidance in Release No.: 

032-20, laboratories may petition the Department for a variance or waiver to the requirement to be registered with 

the Drug Enforcement Administration in accordance with 21 CFR 1301.13. Any grant of a variance or waiver shall 

be limited in duration not to exceed October 31, 2021, or the USDA’s final hemp rules are published, whichever 

comes first. 

4 

Rev. 6/20 
Licensee must notify the Department via the form titled, “Notice of Disposal 

FDACS-08116” upon collection or destruction of the non-compliant Lot. 

• Procedures to notify USDA of non-compliant plants and disposal of those plants 

from the lot where representative samples were taken. Test results must be 

included. 

FDACS Response: Licensees must notify the Department using the form titled, “Notice 

of Disposal FDACS-08116” upon collection or destruction of the non-compliant 

Lot. The Department has software capabilities to generate custom reports that 

include this information and will provide those reports to USDA on recurring 

schedules or upon request. 

4. Plan for inspection procedures 

• Procedure for conducting annual inspections of random sample of licensed 

producers to verify that hemp is not produced in violation of this part 

FDACS Response: Pursuant to section 581.217(11), Florida Statutes, the Department 

shall conduct random inspections, at least annually, of each licensee to ensure that 

only certified hemp seeds are being used and that hemp is being cultivated in 

compliance with this section. 

5. Plan for collection of information 

• Procedure for submitting the information described in 990.70 to the Secretary not 

more than 30 days after the date on which the information is received. 

FDACS Response: The Department has software capabilities to generate custom reports 

that include this information and will provide those reports to USDA on recurring 

schedules or upon request. 

• Procedure for producers licensed under state and tribal government plans to 

share information with USDA, Agricultural Marketing Service (AMS), or Farm 

Service Agency (FSA) including: 1) hemp crop acreage; 2) reporting total 

acreage of hemp planted, harvested, and disposed; 3) license or authorization 

number; 4) street address; 5) geospatial location(s) of each lot or greenhouse 

where hemp will be produced; 6) acreage of greenhouse or indoor square footage 

dedicated to the production of hemp. 

FDACS Response: The Department has adopted cultivation requirements in rule 5B57.014(6), F.A.C. Among other things, Licensees must report the hemp crop 

acreage to the USDA Farm Service Agency in accordance with 7 CFR 990.23 7 

CFR 990.23 (Revised October 31, 2019). The remaining information referenced 

5 

Rev. 6/20 
 

above will be collected by the Department and reported to USDA on recurring 

schedules or upon request. 

6. Plan to comply with enforcement procedures 

• Provides for corrective action plan for negligent violations: 1) failure to provide 

legal description of land; 2) failure to obtain a license; 3) produces cannabis with 

THC exceeding the acceptable hemp THC level 

FDACS Response: Section 581.217(10), Florida Statutes addresses the states plan to 

comply with enforcement procedures for negligent violations. 

• Procedures to provide for the correction of negligent violations: 1) a reasonable 

date to correct the violation; 2) reporting requirements for 2 years from date of 

the negligent violation; 3) violations are not subject to federal, state, tribal, or 

local government criminal enforcement action; 4) provides that a negligent 

violation 3 times within a 5-year period is ineligible to produce hemp for a period 

of 5 years from the date of the 3rd violation; 5) state or tribal government shall 

conduct inspections to determine if corrective action plan has been implemented. 

FDACS Response: Section 581.217(10), Florida Statutes addresses the states plan to 

comply with enforcement procedures for negligent violations. 

• Procedures for producer violations made with a culpable mental state greater 

than negligence: Producer shall be reported to the U.S. Attorney General and the 

chief law enforcement officer of the state or tribal government. 

FDACS Response: Section 581.217(10), Florida Statutes addresses the states plan to 

comply with enforcement procedures for negligent violations. 

• Procedures for addressing felonies: 1) provides for a 10-year ineligibility 

restriction for persons with a State or Felony conviction relating to a controlled 

substance; 2) provides for controlled substance felony conviction exception for 

participants in state hemp pilot program authorized under the 2014 Agricultural 

Act after December 2018; 3) procedures for business entities to determine which 

participants are considered to be “key,” or have executive managerial control.

FDACS Response: Section 581.217(5), Florida Statutes prohibits the Department from 

issuance of a hemp license to an applicant that has been convicted of a felony 

relating to a controlled substance under state or federal law. Pursuant to rule 5B57.014(4), F.A.C., any person seeking to cultivate hemp must submit to the 

Department a full set of fingerprints for each Control person and the Responsible 

person submitted through a Livescan service provider evaluated by the Florida 

Department of Law Enforcement for state and national processing to Department 

ORI number FL925080Z. If the fingerprint processing identifies criminal charges 

or convictions related to a controlled substance violation under state or federal 

6 

Rev. 6/20 
law, the Department will notify the applicant that additional information is needed 

to complete the application. Applicants with a controlled substance conviction 

that occurred prior to December 20, 2018, who participated in a state hemp pilot 

program authorized under the 2014 Agricultural Act would be allowed to submit 

documentation proving participation in a state hemp pilot program for this 

exception to apply. 

• Procedures stating that any persons who materially falsify any information in 

their application shall be deemed ineligible to participate in the program. 

FDACS Response: Pursuant to section 581.217(5), Florida Statutes, the Department 

shall deny the issuance of a hemp license to an applicant, or refuse to renew the 

hemp license of a licensee, if the Department finds that the applicant or licensee 

has falsified any information contained in an application for a hemp license or 

hemp license renewal. 

7. Certification that the state or tribal government (whichever applicable) has resources 

and personnel to carry out required Farm Bill practices and procedures\ 

FDACS Response: Pursuant to section 581.217(1), Florida Statutes, the state hemp 

program is created within the Department to regulate the cultivation of hemp in 

the state. This section constitutes the state plan for the regulation of the 

cultivation of hemp for purposes of 7 U.S.C. s. 1639p. For fiscal year 2019-20, 

the Department intends to implement this program with existing resources. For 

Fiscal 2020-21, the Department is seeking additional legislative funding to 

implement the program, as well as, statutory authority to charge license fees to 

hemp cultivators. 

Plan may include other practices or procedures as long as consistent with this part and the Act. 

Plan may include requirements more stringent than this part or the Act. 

FDACS Response: All practices or procedures not discussed above are provided for in 

section 581.217, Florida Statutes, or adopted in rules 5B-57.014 and 5E-4.006, 5E-4.007, 

and 5E-4.016, F.A.C. 

License Numbering Schemes for State and Tribal Hemp Production Plans States must use the 

following format when assigning license or authorization numbers: 

FDACS Response: Florida will issue licenses using the following format: 

12_1000, 12_1001, 12_1002, etc. 

7 

Rev. 6/20 
April 8, 2020 

The Honorable Sonny Perdue 

Secretary of Agriculture 

U.S. Department of Agriculture 

1400 Independence Ave., S.W. 

Washington, DC 20250 

Dear Secretary Perdue: 

Pursuant to Section 297B(a)(2)(A)(vii) of the Agricultural Improvement Act of 2018, I certify 

that the state of Florida has the resources and personnel necessary to carry out each of the 

practices and procedures identified in Section 297B(a)(2) of the Act. For FY2019-20, the Florida 

Department of Agriculture and Consumer Services has received legislative funding to implement 

the program. 

Sincerely, 

Nicole Fried 

Commissioner of Agriculture 

8
 

CHAPTE 2019-132

Committee Substitute for

Committee Substitute for Senate Bill No. 1020

An act relating to the state hemp program; creating s. 581.217, F.S.; creating

the state hemp program within the Department of Agriculture and

Consumer Services; providing legislative findings; providing definitions;

directing the department to submit a plan for the state program to the

United States Secretary of Agriculture for approval; providing licensure

requirements; requiring licensees to use specified hemp seeds and

cultivars; providing requirements for the distribution and sale of hemp

extract; directing the department to maintain a land registry and submit

monthly reports to the United States Secretary of Agriculture; providing

for violations and corrective measures; providing for enforcement of the

state hemp program; directing the department, in consultation with the

Department of Health and the Department of Business and Professional

 egulation, to adopt specified rules; providing applicability; establishing,

adjunct to the department, the Industrial Hemp Advisory Council;

providing for council purpose, membership, and meetings; amending s.

893.02, F.S.; revising the definition of the term “cannabis”; amending s.

1004.4473, F.S.; revising the colleges and universities at which the

department is required to authorize and oversee the development of

industrial hemp pilot projects; removing a condition for the implementation of industrial hemp commercialization projects; providing an effective

date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 581.217, Florida Statutes, is created to read:

581.217 State hemp program.—

(1) C EATION AND PU POSE.—The state hemp program is created

within the department to regulate the cultivation of hemp in the state. This

section constitutes the state plan for the regulation of the cultivation of

hemp for purposes of 7 U.S.C. s. 1639p.

(2) LEGISLATIVE FINDINGS.—The Legislature finds that:

(a) Hemp is an agricultural commodity.

(b) Hemp-derived cannabinoids, including, but not limited to, cannabidiol, are not controlled substances or adulterants.

(3) DEFINITIONS.—As used in this section, the term:

(a) “Certifying agency” has the same meaning as in s. 578.011(8).

9

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Ch. 201 -132 LAWS OF FLORIDA Ch. 201 -132

(b) “Contaminants unsafe for human consumption” includes, but is not

limited to, any microbe, fungus, yeast, mildew, herbicide, pesticide,

fungicide, residual solvent, metal, or other contaminant found in any

amount that exceeds any of the accepted limitations as determined by

rules adopted by the Department of Health in accordance with s. 381.986, or

other limitation pursuant to the laws of this state, whichever amount is less.

(c) “Cultivate” means planting, watering, growing, or harvesting hemp.

(d) “Hemp” means the plant Cannabis sativa L. and any part of that

plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether growing or

not, that has a total delta-9 tetrahydrocannabinol concentration that does

not exceed 0.3 percent on a dry-weight basis.

(e) “Hemp extract” means a substance or compound intended for

ingestion that is derived from or contains hemp and that does not contain

other controlled substances.

(f) “Independent testing laboratory” means a laboratory that:

1. Does not have a direct or indirect interest in the entity whose product

is being tested;

2. Does not have a direct or indirect interest in a facility that cultivates,

processes, distributes, dispenses, or sells hemp or hemp extract in the state

or in another jurisdiction or cultivates, processes, distributes, dispenses, or

sells marijuana, as defined in s. 381.986; and

3. Is accredited by a third-party accrediting body as a competent testing

laboratory pursuant to ISO/IEC 17025 of the International Organization for

Standardization.

(4) FEDE AL APP OVAL.—The department shall seek approval of the

state plan for the regulation of the cultivation of hemp with the United

States Secretary of Agriculture in accordance with 7 U.S.C. s. 1639p within

30 days after adopting rules. If the state plan is not approved by the United

States Secretary of Agriculture, the Commissioner of Agriculture, in

consultation with and with final approval from the Administration Commission, shall develop a recommendation to amend the state plan and submit

the recommendation to the Legislature.

(5) LICENSU E.—

(a) It is unlawful for a person to cultivate hemp in this state without a

license issued by the department.

(b) A person seeking to cultivate hemp must apply to the department for

a license on a form prescribed by the department and must submit a full set

of fingerprints to the department along with the application.

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Ch. 201 -132 LAWS OF FLORIDA Ch. 201 -132

1. The department shall forward the fingerprints to the Department of

Law Enforcement for state processing and the Department of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation

for national processing.

2. Fingerprints submitted to the Department of Law Enforcement

pursuant to this paragraph must be retained by the Department of Law

Enforcement as provided in s. 943.05(2)(g) and (h) and must be retained as

provided in s. 943.05(4) when the Department of Law Enforcement begins

participation in the Federal Bureau of Investigation’s national retained

fingerprint arrest notification program.

3. Any arrest record identified shall be reported to the department.

(c) The department shall adopt rules establishing procedures for the

issuance and annual renewal of a hemp license.

(d) A person seeking to cultivate hemp must provide to the department

the legal land description and global positioning coordinates of the area

where hemp will be cultivated.

(e) The department shall deny the issuance of a hemp license to an

applicant, or refuse to renew the hemp license of a licensee, if the

department finds that the applicant or licensee:

1. Has falsified any information contained in an application for a hemp

license or hemp license renewal; or

2. Has been convicted of a felony relating to a controlled substance under

state or federal law. A hemp license may not be issued for 10 years following

the date of the conviction.

(6) HEMP SEED.—A licensee may only use hemp seeds and cultivars

certified by a certifying agency or a university conducting an industrial

hemp pilot project pursuant to s. 1004.4473.

(7) DIST IBUTION AND ETAIL SALE OF HEMP EXT ACT.—

Hemp extract may only be distributed and sold in the state if the product:

(a) Has a certificate of analysis prepared by an independent testing

laboratory that states:

1. The hemp extract is the product of a batch tested by the independent

testing laboratory;

2. The batch contained a total delta-9-tetrahydrocannabinol concentration that did not exceed 0.3 percent on a dry-weight basis pursuant to the

testing of a random sample of the batch; and

3. The batch does not contain contaminants unsafe for human consumption.

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Ch. 201 -132 LAWS OF FLORIDA Ch. 201 -132

(b) Is distributed or sold in packaging that includes:

1. A scannable barcode or quick response code linked to the certificate of

analysis of the hemp extract by an independent testing laboratory;

2. The batch number;

3. The Internet address of a website where batch information may be

obtained;

4. The expiration date;

5. The number of milligrams of hemp extract; and

6. A statement that the product contains a total delta-9-tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis.

(8) LAND EGIST Y.—The department shall maintain a registry of

land on which hemp is cultivated or has been cultivated within the past 3

calendar years, including the global positioning coordinates and legal land

description for each location.

(9) DEPA TMENT EPO TING.—The department shall submit

monthly to the United States Secretary of Agriculture a report of the

locations in the state where hemp is cultivated or has been cultivated within

the past 3 calendar years. The report must include the contact information

for each licensee.

(10) VIOLATIONS.—

(a) A licensee must complete a corrective action plan if the department

determines that the licensee has negligently violated this section or

department rules, including negligently:

1. Failing to provide the legal land description and global positioning

coordinates pursuant to subsection (5);

2. Failing to obtain a proper license or other required authorization from

the department; or

3. Producing Cannabis sativa L. that has a total delta-9 tetrahydrocannabinol concentration that exceeds 0.3 percent on a dry-weight basis.

(b) The corrective action plan must include:

1. A reasonable date by which the licensee must correct the negligent

violation; and

2. A requirement that the licensee periodically report to the department

on compliance with this section and department rules for a period of at least

2 calendar years after the date of the violation.

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Ch. 201 -132 LAWS OF FLORIDA Ch. 201 -132

(c) A licensee who negligently violates the corrective action plan under

this subsection three times within 5 years is ineligible to cultivate hemp for 5

years following the date of the third violation.

(d) If the department determines that a licensee has violated this section

or department rules with a culpable mental state greater than negligence,

the department shall immediately report the licensee to the Attorney

General and the United States Attorney General.

(11) ENFO CEMENT.—

(a) The department shall enforce this section.

(b) Every state attorney, sheriff, police officer, and other appropriate

county or municipal officer shall enforce, or assist any agent of the

department in enforcing, this section and rules adopted by the department.

(c) The department, or its agent, is authorized to enter any public or

private premises during regular business hours in the performance of its

duties relating to hemp cultivation.

(d) The department shall conduct random inspections, at least annually,

of each licensee to ensure that only certified hemp seeds are being used and

that hemp is being cultivated in compliance with this section.

(12) ULES.—By August 1, 2019, the department, in consultation with

the Department of Health and the Department of Business and Professional

 egulation, shall initiate rulemaking to administer the state hemp program.

The rules must provide for:

(a) A procedure that uses post-decarboxylation or other similarly reliable

methods for testing the delta-9 tetrahydrocannabinol concentration of

cultivated hemp.

(b) A procedure for the effective disposal of plants, whether growing or

not, that are cultivated in violation of this section or department rules, and

products derived from those plants.

(13) APPLICABILITY.—Notwithstanding any other law:

(a) This section does not authorize a licensee to violate any federal or

state law or regulation.

(b) This section does not apply to a pilot project developed in accordance

with 7 U.S.C. 5940 and s. 1004.4473.

(c) A licensee who negligently violates this section or department rules is

not subject to any criminal or civil enforcement action by the state or a local

government other than the enforcement of violations of this section as

authorized under subsection (10).

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Ch. 201 -132 LAWS OF FLORIDA Ch. 201 -132

(14) INDUST IAL HEMP ADVISO Y COUNCIL.—An Industrial

Hemp Advisory Council, an advisory council as defined in s. 20.03, is

established to provide advice and expertise to the department with respect to

plans, policies, and procedures applicable to the administration of the state

hemp program.

(a) The advisory council is adjunct to the department for administrative

purposes.

(b) The advisory council shall be composed of all of the following

members:

1. Two members appointed by the Commissioner of Agriculture.

2. Two members appointed by the Governor.

3. Two members appointed by the President of the Senate.

4. Two members appointed by the Speaker of the House of epresentatives.

5. The dean for research of the Institute of Food and Agricultural

Sciences of the University of Florida or his or her designee.

6. The president of Florida Agricultural and Mechanical University or

his or her designee.

7. The executive director of the Department of Law Enforcement or his or

her designee.

8. The president of the Florida Sheriffs Association or his or her

designee.

9. The president of the Florida Police Chiefs Association or his or her

designee.

10. The president of the Florida Farm Bureau Federation or his or her

designee.

11. The president of the Florida Fruit and Vegetable Association or his or

her designee.

(c) The advisory council shall elect by a two-thirds vote of the members

one member to serve as chair of the council.

(d) A majority of the members of the advisory council constitutes a

quorum.

(e) The advisory council shall meet at least once annually at the call of

the chair.

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Ch. 201 -132 LAWS OF FLORIDA Ch. 201 -132

(f) Advisory council members shall serve without compensation and are

not entitled to reimbursement for per diem or travel expenses.

Section 2. Subsection (3) of section 893.02, Florida Statutes, is amended

to read:

893.02 Definitions.—The following words and phrases as used in this

chapter shall have the following meanings, unless the context otherwise

requires:

(3) “Cannabis” means all parts of any plant of the genus Cannabis,

whether growing or not; the seeds thereof; the resin extracted from any part

of the plant; and every compound, manufacture, salt, derivative, mixture, or

preparation of the plant or its seeds or resin. The term does not include

“marijuana,” as defined in s. 381.986, if manufactured, possessed, sold,

purchased, delivered, distributed, or dispensed, in conformance with s.

381.986. The term does not include hemp as defined in s. 581.217 or

industrial hemp as defined in s. 1004.4473.

Section 3. Paragraph (a) of subsection (2) and subsections (3) through (7)

of section 1004.4473, Florida Statutes, are amended to read:

1004.4473 Industrial hemp pilot projects.—

(2)(a) The department shall authorize and oversee the development of

industrial hemp pilot projects for the Institute of Food and Agricultural

Sciences at the University of Florida, Florida Agricultural and Mechanical

University, and any land grant university in the state that has a college of

agriculture, and any Florida College System institution or state university

that has an established agriculture, engineering, or pharmacy program. The

department shall adopt rules as required under the Agricultural Act of 2014,

7 U.S.C. s. 5940, to implement this section, including rules for the

certification and registration of sites used for growth or cultivation. The

purpose of the pilot projects is to cultivate, process, test, research, create,

and market safe and effective commercial applications for industrial hemp

in the agricultural sector in this state.

(3) An institution or a university must obtain the authorization of its

board of trustees before implementing an industrial hemp pilot project. A

pilot project authorized by an institution or a university must be registered

with the department and must comply with rules adopted by the department.

(4) An institution or a university that implements an industrial hemp

pilot project shall develop partnerships with qualified project partners to

attract experts and investors experienced with agriculture and may develop

the pilot project in partnership with public, nonprofit, and private entities in

accordance with this section and all applicable state and federal laws.

(5) The research office of an institution or a university that implements

an industrial hemp pilot project shall oversee the pilot project and ensure

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Ch. 201 -132 LAWS OF FLORIDA Ch. 201 -132

compliance with rules adopted by the department. The office must identify a

contact person who is responsible for oversight of the pilot project and shall

adopt procedures and guidelines to ensure the proper operation of the pilot

project, the proper handling of hemp material and products, compliance with

state and federal law, and the safety and security of the pilot project facility.

At a minimum, the guidelines must:

(a) Designate the physical location, global positioning system position,

and map of the pilot project facility. Areas within the facility must be

designated as general access or limited access. An area where hemp material

is cultivated, processed, stored, or packaged or where industrial hemp

research is conducted must be designated as limited access. Limited-access

areas must be restricted to entry by qualified program personnel and

authorized visitors accompanied at all times by qualified program personnel.

All other areas of the facility may be designated as general access and are

open to authorized visitors, regardless of whether accompanied by qualified

program personnel.

(b) Identify the qualified program personnel involved in the pilot project

who meet the requirements of 21 CF s. 1301.18 pursuant to the

Agricultural Act of 2014, 7 U.S.C. s. 5940.

(c) Authorize the qualified program personnel to handle, grow, cultivate,

process, and manufacture hemp materials.

(d) Establish a testing program and protocols to ensure the proper

labeling of hemp material.

(6) An industrial hemp commercialization project may only be conducted

after an industrial hemp pilot project has been in place for 2 years to

determine if there are any adverse impacts of hemp cultivation on current

indigenous crops in the state.

(6)(7) An institution or a university that implements an industrial hemp

pilot project shall submit a report to the Governor, the President of the

Senate, and the Speaker of the House of epresentatives on the status of its

pilot project and any research related to the cultivation, harvesting,

processing, and uses of industrial hemp. The report must be prepared and

submitted within 2 years after the pilot project is implemented project’s

creation.

Section 4. This act shall take effect July 1, 2019.

Approved by the Governor June 25, 2019.

Filed in Office Secretary of State June 25, 2019.

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Rule 5B-57.014 - State Hemp Program 

(1) Pursuant to s. 581.217, F.S., and in accordance with 7 U.S.C. Section 1639p, the Department shall authorize 

and oversee the development of the State Hemp Program to regulate the cultivation of hemp in the state, which is a 

potentially invasive plant species and is a threat to the plant life of this state if not properly controlled. Hemp cultivated 

pursuant to this rule is considered an agricultural commodity. 

(2) Definitions. The definitions provided in ss. 581.011, 581.217, F.S., and the following shall apply to this rule: 

(a) “Acceptable THC level” means that the representative sample has a Total delta-9 tetrahydrocannabinol 

concentration that does not exceed 0.3% on a dry-weight basis. 

(b) “Control person” means an individual, partnership, corporation, trust, or other organization that possesses the 

power, directly or indirectly, to direct the management or policies of a company, whether through ownership of 

securities, by contract, or otherwise. The term includes: 

1. A company’s executive officers, including the president, chief executive officer, chief financial officer, chief 

operations officer, chief legal officer, chief compliance officer, director, and other individuals having similar status or 

functions. 

2. For a corporation, a shareholder who, directly or indirectly, owns 10 percent or more or that has the power to 

vote 10 percent or more, of a class of voting securities unless the applicant is a publicly traded company. 

3. For a partnership, all general partners and limited or special partners who have contributed 10 percent or more 

or that have the right to receive, upon dissolution, 10 percent or more of the partnership’s capital. 

4. For a trust, each trustee. 

5. For a limited liability company, all elected managers and those members who have contributed 10 percent or 

more or that have the right to receive, upon dissolution, 10 percent or more of the partnership’s capital. 

(c) “Designated laboratory” means a laboratory that: 

1. Holds an ISO 17025 accreditation; and 

2. Is registered with Drug Enforcement Administration (DEA) in accordance with 21 CFR 1301.13; and 

3. Has entered into a compliance agreement with the Department to conduct Tetrahydrocannabinol concentration 

sampling and testing. The Designated Laboratory Compliance Agreement, FDACS – 08121, 12/19, is incorporated 

herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-11882. The PreHarvest Sampling Manual, FDACS – 08127, 02/20, is incorporated herein by reference and available online at 

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https://www.flrules.org/Gateway/reference.asp?No=Ref-11886. The Cannabis Sample Submission Form, FDACS08114, 02/20, is incorporated herein by reference and available online at 

https://www.flrules.org/Gateway/reference.asp?No=Ref-11881. JCGM 100:2008, Evaluation of Measurement Data -

Guide to the expression of uncertainty in measurement (September 2008) is incorporated herein by reference. Copies 

may be obtained from http://www.bipm.org and are also available for public inspection during regular business hours 

at the Florida Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL 

32399-0250 and at the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, 1911 

SW 34th Street, Gainesville, FL 32608-1201. Posting of the aforementioned document on the internet for purposes of 

public examination would violate federal copyright law. 

(d) “Person” means individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, 

business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. 

(e) “Lot” means a contiguous area in a field, greenhouse, or indoor growing structure used for cultivation of the 

same variety or strain of hemp. 

(f) “Processed hemp plant material” means plant matter, including stalks, seed hulls, woody biomass, hemp 

flowers, or other foliar material that has been processed in such a manner that makes it an ineffective host of plant 

pests or disease. 

(g) “Responsible person” means a natural person who controls or manages the day to day operations of the hemp 

cultivation. 

(h) “Total delta-9 tetrahydrocannabinol concentration” means [delta-9 tetrahydrocannabinol] + (0.877 x 

[tetrahydrocannabinolic acid]). 

(i) “Unprocessed hemp plant material” means plant matter, including stalks, seed hulls, woody biomass, hemp 

flowers, or other foliar material that has been harvested but has not been processed in such a manner that makes it an 

ineffective host of plant pests or disease. 

(3) It is unlawful for any Person to introduce into this state or move through this state the propagative parts of 

hemp, live hemp plants, Processed hemp plant material, or Unprocessed hemp plant material unless introduced or 

moved in compliance with this rule. This prohibition does not apply to products containing Hemp extract purchased, 

sold, and transported in retail packaging. 

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(4) Application. It is unlawful for a Person to cultivate hemp in this state without a License to Cultivate Hemp 

issued by the Department. A Person seeking a license to cultivate hemp shall submit the following to the Department: 

(a) A completed Application for License to Cultivate Hemp, FDACS-08112, 12/19, incorporated herein by 

reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-11887. 

(b) A detailed description of each location intended for the cultivation of hemp, including address, legal land 

description, tax parcel number, and GPS coordinates. 

(c) A full set of fingerprints for each Control person and the Responsible person submitted through a Livescan 

service provider evaluated by the Florida Department of Law Enforcement for state and national processing to 

Department ORI number FL925080Z. The Livescan service provider receipt for payment and process reference 

number must be provided with the Application For License to Cultivate Hemp, FDACS-08112, 12/19. If the 

fingerprint processing identifies criminal charges or convictions related to a controlled substance violation under state 

or federal law, the Department will notify the applicant that additional information is needed to complete the 

application. The applicant must provide to the Department a certified copy of the final disposition concerning the 

matter which the Department requested additional information pursuant to this section within ninety (90) days of 

receipt of the notification. 

(d) An environmental containment plan for each Lot. An environmental containment plan must include the 

following: 

1. A containment system of silt fences, berms, or fallow areas consisting of bare earth or ground cover to prevent 

the hemp from spreading beyond the Lot. 

2. A plan to clean any equipment used on the Lot of all debris before it is moved from the property. 

3. A transportation and movement plan that ensures that the propagative parts of hemp, live hemp plants, 

Processed hemp plant material, and Unprocessed hemp plant material is covered and moved in full containment during 

transport from noncontiguous locations. 

(5) License. 

(a) A License to Cultivate Hemp expires twelve months after the date of issuance. 

(b) A License must be renewed by following the application procedures outlined in Rule 5B-57.014(4), F.A.C. 

The License must be renewed on or before the expiration date of the current license. 

(c) A License to Cultivate Hemp is not transferable. 

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(d) A licensee must notify the Department before changing the cultivation location(s) approved on the licensee’s 

application. This notification must be made to DPIHemp@FDACS.gov sixty (60) days before any changes. 

(6) Cultivation requirements. The licensee must: 

(a) Comply with the licensee’s environmental containment plan. 

(b) Comply with the Hemp Waste Disposal Manual. The Hemp Waste Disposal Manual, FDACS-08115, 12/19, 

is incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref11883. Code of Federal Regulations Title 40 – Protection of Environment, Parts 261.3 and 273, Subpart A, revised as 

of July 1, 2019, is incorporated herein by reference and available online at 

http://www.flrules.org/Gateway/reference.asp?No=Ref-11888 and 

http://www.flrules.org/Gateway/reference.asp?No=Ref-11889. 

(c) Maintain documentation describing the varieties of hemp cultivated for three (3) years from the date of harvest. 

These documents must be provided to the Department upon request. 

(d) Maintain the label and receipts for all Certified hemp seed, Pilot project hemp cultivars, or Pilot project hemp 

seed used in the cultivation of hemp for three (3) years from the date of harvest. These documents must be provided 

to the Department upon request. 

(e) Use only Certified hemp seed, Pilot project hemp cultivars, or Pilot project hemp seed as defined in Rule 5E4.016, F.A.C., or nursery stock that was grown from Certified hemp seed, Pilot project hemp cultivars, or Pilot project 

hemp seed. 

(f) Only cultivate hemp on lands that are used primarily for bona fide agricultural purposes pursuant to s. 193.461, 

F.S., lands located within an area zoned for agricultural or industrial use, or at a nursery as defined in s. 581.011, F.S. 

(g) Post signage at every cultivation location access point which contains the following information: the 

Department issued license number, the address of the cultivation location, and the following statement, “Hemp is 

being cultivated under a license issued by the Florida Department of Agriculture and Consumer Services.” 

(h) Each Lot must be identified separately using a numeric designation. 

(i) Report the hemp crop acreage to the USDA Farm Service Agency in accordance with 7 CFR 990.23. 

(j) Only use Designated laboratories that qualify as Independent testing laboratories pursuant to section 

581.217(3)(f), Florida Statutes. 

(7) Nurseries. Nurseries propagating hemp plants for distribution shall: 

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(a) Register with the Department pursuant to s. 581.031(21), F.S. 

(b) Hold a License to Cultivate Hemp issued by the Department. 

(c) Only distribute hemp plants for cultivation to Persons who are authorized to cultivate Hemp. 

(d) Maintain copies of hemp plant movement records or sales invoices including Department-issued license 

numbers for three (3) years from the date of sale or the date of movement and provide copies to the Department upon 

request. 

(8) Tetrahydrocannabinol concentration sampling. 

(a) Within fifteen (15) days prior to the harvest date, the Department or its agent shall collect a representative 

sample from each Lot to be tested for Total delta-9 tetrahydrocannabinol concentration. Any sampling by the 

Department or its agent shall be done in accordance with the Pre-Harvest Sampling Manual, FDACS – 08127, 02/20. 

The licensee shall be responsible for any fees or costs to conduct sampling or laboratory testing. The licensee or its 

agent must be present during any sample collection. 

(b) The Department or its agent will place the sealed representative sample in the mail or deliver to the Designated 

laboratory of the licensee’s choosing within one business day of collection. A Cannabis Sample Submission Form, 

FDACS-08114, 02/20, must be submitted with each representative sample. 

(c) The Designated laboratory’s initial report must be issued to DPIHemp@FDACS.gov within one business day 

after completion of the analysis. Within one business day of receipt, the Department will notify the licensee if the 

representative sample has an Acceptable THC level. If the representative sample has an Acceptable THC level, the 

Lot may be harvested. 

(d) If the Department notifies the licensee that the representative sample has an unacceptable THC level, the 

licensee must: 

1. Request that the Designated laboratory retest the retained sample held pursuant to the Designated Laboratory 

Compliance Agreement, FDACS – 08121, 12/19. A request to retest the retained sample must be made to the 

Designated laboratory within one business day of receipt of the notification provided in paragraph (d) of this 

subsection. The licensee shall be responsible for any fees or costs to conduct laboratory testing; or 

2. Arrange for the collection or destruction of the non-compliant Lot by a DEA-registered reverse distributor, or 

a duly authorized Federal, State, or local law enforcement officer; or 

3. Dispose of the Lot in accordance with the Hemp Waste Disposal Manual, FDACS-08115, 12/19. 

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(e) If a retest report is issued and the Department again notifies the licensee that the representative sample has an 

unacceptable THC level, the licensee must: 

1. Arrange for the collection or destruction of the non-compliant Lot by a DEA-registered reverse distributor, or 

a duly authorized Federal, State, or local law enforcement officer; or 

2. Dispose of the Lot in accordance with the Hemp Waste Disposal Manual, FDACS-08115, 12/19; or 

3. Request that the Department collect a confirmatory sample and perform a confirmatory test of the Lot. This 

request must be made to DPIHemp@FDACS.gov within one business day of receipt of the notification provided in 

paragraph (e) of this subsection. 

(f) Any confirmatory sampling by the Department of unharvested hemp shall be done in accordance with the PreHarvest Sampling Manual, FDACS – 08127, 02/20. Any confirmatory sampling by the Department of harvested hemp 

shall be done in accordance with the Post-Harvest Sampling Manual, FDACS – 08129, 02/20, which is incorporated 

herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-11885. Any 

confirmatory testing by the Department shall be done in accordance with the procedures outlined in the Designated 

laboratory Compliance Agreement, FDACS – 08121, 12/19. The expense of the confirmatory sampling and the 

confirmatory testing shall be assessed, collected, and enforced against the licensee by the Department. The licensee 

or its agent must be present during any sample collection. 

(g) If the Department’s confirmatory report indicates that the Lot has an Acceptable THC level, the Lot may be 

harvested. If the Department’s confirmatory test indicates that the Lot has an unacceptable THC level, the director of 

Plant Industry or her or his designee shall notify the licensee and the licensee shall within 10 days after the notice: 

1. Arrange for the collection or destruction of the non-compliant Lot by a DEA-registered reverse distributor, a 

duly authorized Federal, State, or local law enforcement officer; or 

2. Dispose of the Lot in accordance with the Hemp Waste Disposal Manual, FDACS-08115, 12/19. 

(h) If the licensee refuses or neglects to comply with the terms of the notice in paragraph (g) of this subsection, 

the director or her or his authorized representative may, under authority of the Department, proceed to destroy the 

plants. The expense of the treatment or destruction shall be assessed, collected, and enforced against the licensee by 

the Department. No damages shall be awarded to the licensee for the destruction of the plants under the provisions of 

this rule. 

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(i) The licensee shall notify the Department within one business day of the collection or destruction of a noncompliant Lot. This notification must be made via Notice of Disposal, FDACS-08116, 12/19, which is incorporated 

herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-11884. 

(9) Harvest. 

(a) The licensee must notify the Department no fewer than thirty (30) days prior to each intended harvest date by 

email at DPIHemp@FDACS.gov or by phone at 1-888-397-1517. The licensee shall not harvest the Lot until the 

Department notifies the licensee that the representative sample has an Acceptable THC level unless authorized under 

paragraph (b) of this subsection. 

(b) If a representative sample has been collected, the licensee may harvest the Lot before the Designated 

laboratory results are available if the licensee complies with the following: 

1. At least 48 hours prior to harvest, the licensee must report to the Department its revised harvest date and the 

anticipated harvest tonnage. 

2. Within 24 hours of harvest, the licensee must report to the Department the harvested tonnage. 

3. The harvested material must remain unprocessed in a securely locked building or fixed container on the licensed 

address or the storage location identified on the licensee’s application. For the purposes of this subparagraph, drying 

or freezing to prevent spoilage is not considered processing. 

4. The harvested material must remain segregated from other harvested hemp until the Designated laboratory 

results are available. 

(10) Inspections. The Department shall conduct random annual inspections of each licensee to ensure compliance 

with the following: 

(a) The Licensee’s environmental containment plan. 

(b) Maintenance of Certified hemp seed, Pilot project hemp cultivars, or Pilot project hemp seed documentation 

required under paragraphs 5B-57.014(6)(c)-(d), F.A.C. 

(c) Hemp plants have a Total delta-9 tetrahydrocannabinol concentration that does not exceed 0.3% on a dry 

weight basis. 

(d) Hemp plants are found to be free from plant pests or disease not known to be established in this state. 

(e) Compliance with s. 581.217, F.S., and rules promulgated therefrom. 

(11) Transportation Requirements. 

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(a) Intrastate movement. Any Person transporting propagative parts of hemp, live hemp plants, Processed hemp 

plant material, and Unprocessed hemp plant material within the state of Florida shall: 

1. Transport in a fully enclosed vehicle or container when being moved between noncontiguous locations. 

2. Have in their possession a bill of lading or proof of ownership, documentation showing the name, physical 

address, Lot designation number, and license number of the originating licensed cultivator, and the name and physical 

address of the recipient of the delivery when transporting between non-contiguous locations. 

3. Stop and submit for inspection while passing any official agricultural inspection station pursuant to s. 570.15, 

F.S. 

(b) Interstate movement. Any Person outside the State of Florida who desires to ship into this state propagative 

parts of hemp, live hemp plants, Processed hemp plant material, and Unprocessed hemp plant material from any state, 

U.S. possession, territory, or district of the United States, or foreign jurisdiction, shall comply with the following 

regulations: 

1. The movement of propagative parts of hemp or live hemp plants into the State of Florida is prohibited unless: 

a. Maintained and shipped in a soilless growing media, sterile growing media, or sterile environment; and 

b. Accompanied by proof of origin with hemp cultivation license number, or equivalent, from the jurisdiction of 

origin and an original phytosanitary certificate of inspection issued by a state or country plant protection governmental 

agency. 

2. The movement of any Unprocessed hemp plant material into the State of Florida is prohibited unless: 

a. Accompanied by proof of origin with a hemp cultivation license number, or equivalent, from the jurisdiction 

of origin; and 

b. Accompanied by a certificate of analysis showing that the Unprocessed hemp plant material has an Acceptable 

THC level; and 

c. Transported frozen or dried. 

3. The movement of any Processed hemp plant material into the state of Florida is prohibited unless: 

a. The Processed hemp plant material has been rendered non-viable through processing; and 

b. Accompanied by proof of origin with a hemp cultivation license number, or equivalent, from the jurisdiction 

of origin; and 

c. Accompanied by a certificate of analysis showing that the Processed hemp plant material has an Acceptable 

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THC level. 

4. Upon entry in the state, all persons transporting propagative parts of hemp, live hemp plants, Processed hemp 

plant material, and Unprocessed hemp plant material must comply with the intrastate movement requirements outlined 

in this rule. 

(12) Abandoned operations. It is the responsibility of the licensee to completely destroy all hemp plant material, 

rendering the plants non-viable in accordance with the Hemp Waste Disposal Manual FDACS-08115, 12/19, prior to 

vacating the property or stopping hemp cultivation. 

(13) Violations. A licensee must complete a corrective action plan if the Department determines that the licensee 

has negligently violated s. 581.217, F.S. or this rule. A licensee who negligently violates the corrective action plan 

under this rule three times within five (5) years is ineligible to cultivate hemp for five (5) years following the date of 

the third violation. If the Department determines that a licensee has violated s. 581.217, F.S., or Department rules with 

a culpable mental state greater than negligence, the Department shall immediately report the licensee to the Attorney 

General and the United States Attorney General. A determination that a licensee has negligently violated s. 581.217, 

F.S. or this rule shall be subject to the process outlined in ss. 120.569 and 120.57-120.595, F.S. A determination that 

a licensee has violated s. 581.217, F.S., or Department rule with a culpable mental state greater than negligence shall 

be reported to the Attorney General, the state attorney for the judicial circuit where the violation occurred, and the 

United States Attorney General notwithstanding ss. 120.569 and 120.57-120.595, F.S. 

(14) Final Order. The Department may issue an order directing the licensee to destroy any hemp cultivated in 

violation of s. 581.217, F.S., or Department rule. 

Rulemaking Authority 570.07(23), 581.031(4), (5), 581.217(5), FS. Law Implemented 581.031, 581.083, 581.217, FS. 

History–New . 

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Florida Department of Agriculture and Consumer Services 

Division of Plant Industry 

DESIGNATED LABORATORY COMPLIANCE AGREEMENT 

NICOLE “NIKKI” FRIED Section 581.217, F.S. 

COMMISSIONER 5B-57.014(2), F.A.C. 

Post Office Box 147100, Gainesville, FL 32614-7100 / (352)395-4700 

This AGREEMENT, made and entered into on______________________, by and between the 

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES 

(“DEPARTMENT”), and _____________________ (“LABORATORY”). 

LABORATORY wishes to be placed on DEPARTMENT’S designated laboratory list. 

In consideration of the mutual covenants set forth, the parties agree as follows: 

ARTICLE 1: TERM 

1.1 The term of this Agreement shall commence on the Effective Date and shall continue for a 

period of one (1) year, subject to termination provision(s). 

1.2 Extension of this agreement shall be in writing for a single period only not to exceed six (6) 

months and shall be subject to the same terms and conditions set forth in the initial contract. 

There shall be only one extension of a contract unless the failure to meet the criteria set forth 

in the contract for completion of the contract is due to events beyond the control of the 

LABORATORY. 

ARTICLE 2: SAMPLE COLLECTION AND TESTING 

2.1 Sample Collection. LABORATORY agrees to collect samples in accordance with the PreHarvest Sampling Manual, FDACS – 08127, 02/20. 

ARTICLE 3: GENERAL PROVISIONS 

To determine the Total delta-9 tetrahydrocannabinol concentration in hemp samples the 

LABORATORY agrees to the following: 

3.1 LABORATORY shall be accredited to the International Organization for Standardization 

(ISO) 17025:2017. 

3.2 LABORATORY shall be registered with Drug Enforcement Administration (DEA) in 

accordance with 21 CFR 1301.13. 

3.3 The Cannabinoid Analysis method utilized for Total delta-9 tetrahydrocannabinol 

concentration must be included within the ISO17025:2017 scope of accreditation. 

3.4 LABORATORY shall notify the Department in writing within three (3) business days if 

there is a change in its accreditation status or scope of accreditation. This notification must 

be made to DPIHemp@FDACS.gov. 

FDACS-08121 12/19 

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3.5 LABORATORY shall use its best efforts to ensure that its turn around time for delivering 

laboratory results to the DEPARTMENT shall not exceed two business days from the time 

of sample receipt at the LABORATORY’S location. 

3.6 LABORATORY shall provide documentation to DEPARTMENT identifying that it has 

adequate redundancy in equipment and resources to meet the sample turnaround time 

specified above. 

3.7 LABORATORY shall maintain copies of all proficiency testing program sample results for 

three (3) years from the date the results are finalized and provide to the DEPARTMENT 

upon request. 

3.8 LABORATORY shall notify DEPARTMENT within 3 (three) business days if it will not be 

able to meet the sample turnaround time identified in this agreement. 

ARTICLE 4: Sample Custody and Records 

4.1 Upon receipt by LABORATORY, the sample collection bag seal must be inspected for 

tampering or damage. 

4.2 LABORATORY must notify DEPARTMENT if the sample collection bag seal is damaged 

as resampling will be required for any samples that do not have an intact seal. This 

notification must be made to DPIHemp@FDACS.gov. 

4.3 LABORATORY must sign and date the Cannabis Sample Submission Form FDACS – 

08114, 02/20 upon receipt. A copy of the signed form must accompany the laboratory 

report. 

4.4 LABORATORY must assign a unique identification number to each sample which links it 

to Cannabis Sample Submission Form, FDACS-08114, 02/20. 

4.5 LABORATORY must maintain all records associated with the receipt, preparation, analysis, 

reporting, and disposal of the samples for three (3) years from the date of disposal of the 

samples and provide to the DEPARTMENT upon request. 

4.6 LABORATORY must maintain, and provide to the DEPARTMENT upon request, standard 

operating procedures (SOPs) that accurately reflect all procedures utilized, including 

the testing requirements specified in this document. 

ARTICLE 5: Drying and Homogenization 

5.1 After LABORATORY receipt and login, the samples must be dried at a temperature not to 

exceed 85°C until brittle or a consistent weight is achieved. 

5.2 Samples must then be homogenized in a manner that produces homogeneous particle sizes 

that fit through a wire screen no larger than 1.5 x 1.5mm. 

5.3 After homogenization, the sample must be separated into test and retain portions. 

ARTICLE 6: Extraction 

6.1 A portion of the homogenized sample must be extracted in an organic solvent that is suitable 

for recovering cannabinoids. 

6.2 The preparation method utilized must be the one specified in the ISO17025:2017 scope of 

accreditation for cannabinoid analysis. 

6.3 A hemp Certified Reference Material (CRM) should be processed with each analytical 

batch. 

FDACS-08121 12/19 

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ARTICLE 7: Analysis 

7.1 At a minimum, analytical testing of samples for Total delta-9 tetrahydrocannabinol 

concentration levels must use post-decarboxylation or other similarly reliable methods 

approved by the USDA. The testing methodology must consider the potential conversion of 

delta-9 tetrahydrocannabinolic acid (THCA) in hemp into delta-9 tetrahydrocannabinol 

(THC) and the test result reflect the total available THC derived from the sum of the THC 

and THCA content. Testing methodologies meeting these requirements include, but are not 

limited to, gas chromatography and high-performance liquid chromatography. 

Total delta-9 tetrahydrocannabinol concentration = [delta-9 tetrahydrocannabinol] + (0.877 

x [tetrahydrocannabinolic acid]). 

7.2 The analysis method must also be the one specified in the ISO17025:2017 scope of 

accreditation for cannabinoid analysis. The method must be sensitive enough to be able to 

report delta-9 THC and THCA at a minimum of 0.30%. 

7.3 BAEL methods PREP 240 (sample preparation) and METHOD 711 (analysis method) are 

hereby listed as reference methods. 

7.4 Retest. Any hemp program licensee may request that the laboratory retest the retained 

samples if the initial report indicates the sample did not have an Acceptable THC level. If 

this occurs, the laboratory shall follow the same procedures that were followed to conduct 

the initial test. The licensee requesting the retest of the second sample will pay the cost of 

the test. The retest shall be done on the retain portion described in the Drying and 

Homogenization section above. 

ARTICLE 8: Reporting 

8.1 The Total delta-9 tetrahydrocannabinol concentration level shall be determined and reported 

on a dry weight basis. 

8.2 The percent Total delta-9 tetrahydrocannabinol concentration shall be reported to two 

decimal places (example: 0.XX%). Results below the method detection limit shall be 

reported as not detected or <MDL. The MDL shall be listed on the laboratory report. 

8.3 The testing measurement of uncertainty shall be reported as a ± value in the same units as 

the result on each laboratory report. LABORATORY’s measurement uncertainty shall 

be calculated following JCGM 100:2008, Evaluation of Measurement Data-Guide to the 

expression of uncertainty in measurement (GUM) or the LABORATORY’S ISO17025:2017 

approved procedure. 

8.4 Laboratory reports must be issued to DPIHemp@FDACS.gov within one business day after 

the completion of the analysis. 

8.5 Any modifications to LABORATORY’S SOPs must be documented and included on the 

laboratory report. 

ARTICLE 9: Termination 

7.1 For Convenience. DEPARTMENT or LABORATORY may terminate this AGREEMENT 

in whole or in part for its convenience by giving at least forty-five (45) days written notice 

by electronic or registered mail to the other party, specifying the effective date of 

termination. 

FDACS-08121 12/19 

28 
 

 

 

7.2 For Cause. DEPARTMENT may terminate this AGREEMENT for cause; provided, 

however, no right of default shall accrue until thirty (30) days after the defaulting party is 

notified in writing of the reason(s) for termination and has failed to cure or give adequate 

assurances of performance within the thirty (30) day period after notice of termination. 

7.2.1 For cause termination shall be defined as default, breach or failure of the 

LABORATORY to fulfill any of its obligations hereunder. 

7.2.2 Opportunity to cure. Prior to the exercise of any remedy provided for herein, 

DEPARTMENT shall provide thirty (30) calendar days written notice of default 

and shall provide LABORATORY the opportunity to cure such failure or default 

within said thirty (30) day period. Upon the failure or inability to cure, 

DEPARTMENT shall have all rights and remedies provided at law or in equity. 

Signed by parties to this AGREEMENT: 

LABORATORY FLORIDA DEPARTMENT OF 

AGRICULTURE AND CONSUMER 

SERVICES 

Signature Signature 

Title Title 

Date Date 

FDACS-08121 12/19 

29 
 

 

 

 

 

 

 

 

Florida Department of Agriculture and Consumer Services 

Division of Plant Industry 

PRE-HARVEST SAMPLING MANUAL 

NICOLE “NIKKI” FRIED Section 581.217, F.S. 

COMMISSIONER 5B-57.014(2), F.A.C. 

Post Office Box 147100, Gainesville, FL 32614-7100 / (352)395-4700 

Under the authority of the Agriculture Improvement Act of 2018, the Florida legislature has 

created a program to regulate the cultivation of Hemp. Pursuant to section 581.217, Florida 

Statutes, the Department of Agriculture and Consumer Services (“Department”) is charged with 

the responsibility to manage that program. 

Among other requirements, persons cultivating hemp must collect pre-harvest samples to ensure 

that the Total delta-9 tetrahydrocannabinol does not exceed 0.3% on a dry weight basis. This 

manual outlines the sample collection procedures that must be followed prior to harvest. 

I. Definitions. 

1. “Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds 

thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers 

thereof, whether growing or not, that has a Total delta-9-tetrahydrocannabinol concentration that 

does not exceed 0.3 percent on a dry-weight basis. 

2. “Lot” means a contiguous area in a field, greenhouse, or indoor growing structure used for 

cultivation of the same variety or strain of Hemp. 

II. Preparation/Supplies 

Disposable gloves 

Sheers or single use scalpel 

Alcohol wipes 

Paper bags 

Tamper resistant tape 

Ruler or measuring tape 

Stapler 

Cannabis Sample Submission Form, FDACS-08114, 02/20 

III. Collection Protocols. 

1. No earlier than fifteen (15) days prior to harvest, collect a representative sample from 

the Lot to be harvested. 

2. Assemble all necessary forms, Personal Protective Equipment (PPE), supplies and 

FDACS-08127 02/20 

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sampling equipment. Make sure sampling equipment is clean, dry, and in good working 

condition. 

3. Identify Lot of Hemp to be sampled. 

4. First divide the Lot into four (4) equal quadrants. 

5. Refer to the table below for the total clippings required from each Lot. The total 

clippings required below must be taken evenly among the four quadrants1: 

Lot size in 

harvested acres 

Total number of plant 

clippings for each 

representative sample 

Lot size 

in harvested acres 

Total number of plant 

clippings for each 

representative sample 

< 5 Four (one from each quadrant) ≥80 but <82 64 

≥ 5 but < 19 1 per acre ≥82 but <83 65 

≥19 but <20 18 ≥83 but <85 66 

≥20 but <21 19 ≥85 but <87 67 

≥21 but <22 20 ≥87 but <88 68 

≥22 but <23 21 ≥88

but <90 

69 

≥23 but <24 22 ≥90 but <92 70 

≥24 but <25 23 ≥92 but <93 71 

≥25 but <27 24 ≥93 but <95 72 

≥27 but <28 25 ≥95 but <97 73 

≥28 but <29 26 ≥97 but <99 74 

≥29 but <30 27 ≥99 but <100 75 

≥30 but <31 28 ≥100 but <102 76 

≥31 but <33 29 ≥102 but <104 77 

≥33 but <34 30 ≥104 but <106 78 

≥34 but <35 31 ≥106 but <108 79 

≥35 but <36 32 ≥108 but <109 80 

≥36 but <37 33 109 but <111 81 

≥37 but <39 34 111 but <113 82 

≥39 but <40 35 ≥113 but <115 83 

≥40 but <41 36 ≥115 but <117 84 

≥41 but <43 37 ≥117 but <119 85 

≥43 but <44 38 ≥119 but <121 86 

≥44 but <45 39 ≥121 but <123 87 

≥45 but <47 40 ≥123 but <125 88 

≥47 but <48 41 ≥125 but <127 89 

≥48 but <49 42 ≥127 but <129 90 

≥49 but <51 43 ≥129 but <131 91 

≥51 but <52 44 ≥131 but <133 92 

≥52 but <53 45 ≥133 but <135 93 

≥53 but <55 46 ≥135 but <137 94 

≥55 but <56 47 ≥137 but <139 95 

≥56 but <57 48 ≥139 but <141 96 

≥57 but <59 49 ≥141 but <144 97 

≥59 but <60 50 ≥144 but <146 98 

≥60 but <62 51 ≥146 but <148 99 

≥62 but <63 52 ≥148 but <150 100 

≥63 but <65 53 ≥150 but <153 101 

≥65 but <66 54 ≥153 but <155 102 

≥66 but <68 55 ≥155 but <157 103 

≥68 but <69 56 ≥157 but <159 104 

≥69 but <71 57 ≥159 but <162 105 

≥71 but <72 58 ≥162 but <164 106 

≥72 but <74 59 ≥164 but <167 107 

≥74 but <75 60 ≥167 but <169 108 

≥75 but <77 61 ≥169 but <171 109 

≥77 but <78 61 ≥171 but <173 110 

≥78 but <80 63 Please contact 

1 Where the total number of plant clippings cannot be evenly divided by four, the remainder may be taken from 

anywhere in the Lot. 

FDACS-08127 02/20 

31 
 

 

 

 

 

 

 

 

DPIHemp@FDACS.gov if your 

Lot exceeds 173 acres in size. 

6. Each plant clipping must be eight (8) inches long, and must be taken from the plant’s 

primary stem, including floral material. Do not remove any stalks, stems, flowers, seeds, 

or leaves from the clipping. 

7. Place the plant clippings collected from the Lot into a paper bag. This is the 

representative sample. 

8. Staple a completed Cannabis Sample Submission Form, FDACS-08114, 02/20, to 

the paper bag containing the representative sample. 

9. Seal the paper bag with tamper resistant tape. 

10. Each representative sample with the attached Cannabis Sample Submission 

Form, FDACS-08114, 02/20, must be placed in the mail or delivered to lab for 

analysis within one business day of collection. Please note, Designated 

laboratories will not accept damaged or torn bags and it is recommended that 

paper bags be shipped in boxes or padded envelopes. 

11. Use single use/disposable equipment or thoroughly clean sampling equipment 

and change disposable gloves after taking each representative sample collection. 

FDACS-08127 02/20 

32 
 

 

 

 

 

 

 

Florida Department of Agriculture and Consumer Services 

Division of Plant Industry 

POST-HARVEST SAMPLING MANUAL 

NICOLE “NIKKI” FRIED Section 581.217, F.S. 

COMMISSIONER 5B-57.014(8), F.A.C. 

Post Office Box 147100, Gainesville, FL 32614-7100 / (352)395-4700 

Under the authority of the Agriculture Improvement Act of 2018, the Florida legislature has 

created a program to regulate the cultivation of Hemp. Pursuant to Section 581.217, Florida 

Statutes, the Department of Agriculture and Consumer Services (“Department”) is charged with 

the responsibility to manage that program. 

Among other requirements, hemp must have a Total delta-9 tetrahydrocannabinol that does not 

exceed 0.3% on a dry weight basis. This manual outlines the regulatory sample collection 

procedures that must be followed for sampling hemp post-harvest. 

I. Definitions. 

1. “Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds 

thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers 

thereof, whether growing or not, that has a Total delta-9-tetrahydrocannabinol concentration that 

does not exceed 0.3 percent on a dry-weight basis. 

2. “Lot” means hemp harvested from a contiguous area in a field, greenhouse, or indoor growing 

structure used for cultivation of the same variety or strain of Hemp. 

3. “Post-harvest sample” means a sample representative of a harvested Lot. The entire Lot’s 

harvest must be in the same form (e.g., intact-plant, flowers, ground materials, etc.), 

representative of the Lot, and not mixed with non-hemp materials or hemp materials from 

another Lot. 

II. Preparation/Supplies. 

Disposable gloves 

Sterile probe/scoop 

Sheers or single use scalpel 

Alcohol wipes 

Paper bags 

Tamper resistant tape 

Ruler or measuring tape 

Stapler 

“Sample by FDACS” stickers and packaging tape (in case the stickers do not seal) 

Cannabis Sample Submission Form, FDACS-08114, 02/20 

Tyvek or similar disposable sleeves 

FDACS-08129 02/20 

33 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

III. Collection Protocols. 

A Post-harvest sample should be collected for each Lot identified. 

1. Assemble all necessary forms, Personal Protective Equipment (PPE), supplies and 

sampling equipment. Make sure sampling equipment is clean, dry, and in good working 

condition. 

2. Identify Lot of hemp to be sampled. 

NOTE: Check for “FDACS Sampled By” sticker(s) to determine if Lot was previously sampled. 

3. Documentation 

a. Obtain shipping documents. 

NOTE: If shipping documents cannot be obtained, document from whom the 

hemp was purchased/shipped, identifying lot number/code and brand name, date 

shipped, and how much was in the original shipment. 

b. Obtain certificate of analysis, if the firm has previously had the lot tested for Total 

delta-9-tetrahydrocannabinol concentration. 

c. Review label and obtain a copy (if applicable). 

4. For Intact-Plant Post-Harvest Samples: 

a. If the plant is intact, a representative sample would consist of clippings from 

non-adjacent plants within the storage or drying area. Each clipping consists of 

the top eight (8) inches of hemp plant, taken from the plant’s primary stem, 

including floral material. Do not remove any stalks, stems, flowers, seeds, or 

leaves from the clipping. 

b. First divide the Lot into four (4) equal quadrants. 

c. Refer to the table below for the total clippings required from each Lot. The total 

clippings required below must be taken evenly among the four quadrants:1 

1 Where the total number of plant clippings cannot be evenly divided by four, the remainder may be taken from 

anywhere in the Lot. 

FDACS-08129 02/20 

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Lot size in 

harvested acres 

Total number of plant 

clippings for each 

representative sample 

Lot size 

in harvested acres 

Total number of plant 

clippings for each 

representative sample 

< 5 Four (one from each quadrant) ≥80 but <82 64 

≥ 5 but < 19 1 per acre ≥82 but <83 65 

≥19 but <20 18 ≥83 but <85 66 

≥20 but <21 19 ≥85 but <87 67 

≥21 but <22 20 ≥87 but <88 68 

≥22 but <23 21 ≥88but <90 69 

≥23 but <24 22 ≥90 but <92 70 

≥24 but <25 23 ≥92 but <93 71 

≥25 but <27 24 ≥93 but <95 72 

≥27 but <28 25 ≥95 but <97 73 

≥28 but <29 26 ≥97 but <99 74 

≥29 but <30 27 ≥99 but <100 75 

≥30 but <31 28 ≥100 but <102 76 

≥31 but <33 29 ≥102 but <104 77 

≥33 but <34 30 ≥104 but <106 78 

≥34 but <35 31 ≥106 but <108 79 

≥35 but <36 32 ≥108 but <109 80 

≥36 but <37 33 109 but <111 81 

≥37 but <39 34 111 but <113 82 

≥39 but <40 35 ≥113 but <115 83 

≥40 but <41 36 ≥115 but <117 84 

≥41 but <43 37 ≥117 but <119 85 

≥43 but <44 38 ≥119 but <121 86 

≥44 but <45 39 ≥121 but <123 87 

≥45 but <47 40 ≥123 but <125 88 

≥47 but <48 41 ≥125 but <127 89 

≥48 but <49 42 ≥127 but <129 90 

≥49 but <51 43 ≥129 but <131 91 

≥51 but <52 44 ≥131 but <133 92 

≥52 but <53 45 ≥133 but <135 93 

≥53 but <55 46 ≥135 but <137 94 

≥55 but <56 47 ≥137 but <139 95 

≥56 but <57 48 ≥139 but <141 96 

≥57 but <59 49 ≥141 but <144 97 

≥59 but <60 50 ≥144 but <146 98 

≥60 but <62 51 ≥146 but <148 99 

≥62 but <63 52 ≥148 but <150 100 

≥63 but <65 53 ≥150 but <153 101 

≥65 but <66 54 ≥153 but <155 102 

≥66 but <68 55 ≥155 but <157 103 

≥68 but <69 56 ≥157 but <159 104 

≥69 but <71 57 ≥159 but <162 105 

≥71 but <72 58 ≥162 but <164 106 

≥72 but <74 59 ≥164 but <167 107 

≥74 but <75 60 ≥167 but <169 108 

≥75 but <77 61 ≥169 but <171 109 

≥77 but <78 61 ≥171 but <173 110 

≥78 but <80 63 Please contact 

DPIHemp@FDACS.gov if your 

Lot exceeds 173 acres in size. 

d. Place the sample in a paper bag, close and seal the bag with tamper resistant 

tape. 

e. Staple a completed Cannabis Sample Submission Form, FDACS-08114, 

02/20, to the paper bag containing the representative sample. 

f. The paper bags should be shipped in boxes. 

g. Use single use/disposable equipment or thoroughly clean sampling equipment 

and change disposable gloves after taking each representative sample 

collection. 

FDACS-08129 02/20 

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5. For Chopped or Ground Hemp Material 

a. Divide the Lot evenly into four (4) quadrants. A representative sample would 

consist of draws from non-adjacent areas. Each draw should consist of a 

handful or sterile scoop of biomass (approximately one cup by volume). The 

draws should be taken evenly from each quadrant according to the table below 

Note: Draws should not just be from the top of bulk containers, depths should 

vary. Utilize Tyvek or similar disposable sleeves if reaching deep into a 

container. 

Note: Take care not to spill or drop portions of the sample. If spillage does occur 

return all spillage to the container being sampled - do not include spillage into the 

sample itself. 

Lot size in tons Total number of draws for 

each representative sample 

Lot size in tons Total number of draws for 

each representative sample 

< 5 Four (one from each quadrant) ≥80 but <82 64 

≥ 5 but < 19 1 per acre ≥82 but <83 65 

≥19 but <20 18 ≥83 but <85 66 

≥20 but <21 19 ≥85 but <87 67 

≥21 but <22 20 ≥87 but <88 68 

≥22 but <23 21 ≥88but <90 69 

≥23 but <24 22 ≥90 but <92 70 

≥24 but <25 23 ≥92 but <93 71 

≥25 but <27 24 ≥93 but <95 72 

≥27 but <28 25 ≥95 but <97 73 

≥28 but <29 26 ≥97 but <99 74 

≥29 but <30 27 ≥99 but <100 75 

≥30 but <31 28 ≥100 but <102 76 

≥31 but <33 29 ≥102 but <104 77 

≥33 but <34 30 ≥104 but <106 78 

≥34 but <35 31 ≥106 but <108 79 

≥35 but <36 32 ≥108 but <109 80 

≥36 but <37 33 109 but <111 81 

≥37 but <39 34 111 but <113 82 

≥39 but <40 35 ≥113 but <115 83 

≥40 but <41 36 ≥115 but <117 84 

≥41 but <43 37 ≥117 but <119 85 

≥43 but <44 38 ≥119 but <121 86 

≥44 but <45 39 ≥121 but <123 87 

≥45 but <47 40 ≥123 but <125 88 

≥47 but <48 41 ≥125 but <127 89 

≥48 but <49 42 ≥127 but <129 90 

≥49 but <51 43 ≥129 but <131 91 

≥51 but <52 44 ≥131 but <133 92 

≥52 but <53 45 ≥133 but <135 93 

≥53 but <55 46 ≥135 but <137 94 

≥55 but <56 47 ≥137 but <139 95 

≥56 but <57 48 ≥139 but <141 96 

≥57 but <59 49 ≥141 but <144 97 

≥59 but <60 50 ≥144 but <146 98 

≥60 but <62 51 ≥146 but <148 99 

≥62 but <63 52 ≥148 but <150 100 

≥63 but <65 53 ≥150 but <153 101 

≥65 but <66 54 ≥153 but <155 102 

≥66 but <68 55 ≥155 but <157 103 

≥68 but <69 56 ≥157 but <159 104 

FDACS-08129 02/20 

36 
 

 

 

 

 

 

 

 

 

≥69 but <71 57 ≥159 but <162 105 

≥71 but <72 58 ≥162 but <164 106 

≥72 but <74 59 ≥164 but <167 107 

≥74 but <75 60 ≥167 but <169 108 

≥75 but <77 61 ≥169 but <171 109 

≥77 but <78 61 ≥171 but <173 110 

≥78 but <80 63 Please contact 

DPIHemp@FDACS.gov if your 

Lot exceeds 173 acres in size. 

b. Place the sample in a paper bag, close and seal the bag with tamper resistant 

tape. 

c. Staple a completed Cannabis Sample Submission Form FDACS-08114, 

02/20, to the paper bag containing the representative sample. 

d. The paper bags should be shipped in boxes. 

e. Re-seal bags where the sample was taken, as applicable, and mark as sampled 

using “Sampled by FDACS” adhesive labels. 

f. Thoroughly clean sampling equipment and change disposable gloves after 

taking each representative sample collection (e.g., using alcohol wipes). 

IV. Sample Shipping/Transport 

1. Samples must be transported to the laboratory or shipped using the United States Postal 

Service to the address below within one business day of collection: 

Bureau of Agricultural Environmental Laboratories 

3125 Conner Blvd. Lab #7 

Tallahassee, FL 32399-1650 

FDACS-08129 02/20 

37 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Florida Department of Agriculture and Consumer Services 

Division of Plant Industry 

CANNABIS SAMPLE SUBMISSION FORM 

NICOLE “NIKKI” FRIED Section 581.217, F.S., 5B-57.014(2), F.A.C 

COMMISSIONER Post Office Box 147100, Gainesville, FL 32614-7100 / (352)395-4700 

This form is to be submitted with each representative hemp sample collected for THC analysis. A

separate form is required for each representative sample. Sampling must be done in accordance with 

Rule 5B-57.014(8), F.A.C. 

License Number: Date Sample Collected: 

Collector: Date Sample Submitted to Lab: 

Lot Planting Date: Anticipated Harvest Date: 

Responsible Person Information: 

Name: 

Address: 

Email Address: 

First 

Street or PO Box 

Middle 

City 

Phone: 

Last 

State Zip Code 

Variety and Growing Location: 

Numeric Lot designation: Variety: 

Growing Address: 

Street or Parcel Number or GPS City

Acreage or Square Footage Sampled: 

Number of clippings included in this representative sample: _______ 

Sample Type: □ Field Hemp □ Nursery Stock □ Post Harvest Material 

 State Zip Code 

Responsible Person Signature: 

Relinquished by Signature: 

Lab Receiver Signature: 

Laboratory Sample Number: _____________ 

Date: 

Date: 

Date: 

For Department Use Only 

Purpose of Collection: □ Confirmatory □ Investigative □ Other____________________________________ 

Container Type: □ Bulk □ Bag/Small Container □ Other__________ Number of Packages sampled______

Number of Packages on Hand _______________ Net Weight per Package ______________ 

Remarks: 

38 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Florida Department of Agriculture and Consumer Services 

Division of Plant Industry 

APPLICATION FOR LICENSE TO CULTIVATE HEMP 

NICOLE “NIKKI” FRIED Section 581.217, F.S., 5B-57.014(4), F.A.C 

COMMISSIONER Post Office Box 147100, Gainesville, FL 32614-7100 / (352)395-4700 

Return This Form: 

DPIHemp@FDACS.gov 

or 

FDACS - DIVISION OF PLANT 

INDUSTRY 

P.O. BOX 147100 

GAINESVILLE, FLORIDA 

32614-7100 

THIS SECTION TO BE COMPLETED BY STATE OFFICIAL 

License Number: [ ] Approved [ ] Disapproved 

Signature: 

Title: 

Date: 

Conditions: 

Expiration Date: 

[ ] New Application [ ] Renewal Application 

Hemp License Number 

Applicant Information: 

Business Name and EIN (if applicable): 

Responsible Person Name: First Middle Last 

Responsible Person Address: 

Street or PO Box City State Zip Code 

Responsible Person Email Address: 

Responsible Person Phone: 

Check All That Apply: 

[ ] HEMP PLANT CULTIVATION FOR COMMERCIAL PRODUCTION AND HARVESTING 

Intended marketable part of the plant [ ] 

[ ] 

[ ] 

Seed 

Fiber 

Oil 

[ ] HEMP NURSERY PLANT CULTIVATION FOR PLANT DISTRIBUTION TO HEMP GROWERS 

Nursery Registration number: 

FDACS-08112 12/19 

39 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cultivation Location(s): 

Provide the address, legal land description, tax parcel number, and GPS coordinates for each location where hemp will be 

cultivated. Use ADDITIONAL CULTIVATION LOCATION section on page 4 for each additional cultivation location. 

Address: 

Street City State Zip Code 

Legal Land Description: 

Tax Parcel Number: 

GPS coordinates: 

Outside planting (acres): 

Inside planting (square feet): 

Cultivation Location is (check all that apply): 

☐ Classified Agricultural pursuant to s. 193.461, F.S. 

☐ Zoned for Agricultural Use 

☐ Zoned for Industrial Use 

☐ A Nursery as defined in s. 581.011, F.S. 

Storage Location for Harvested Hemp:

Provide the address and GPS coordinates where any harvested hemp will be stored for inspection. 

Address: 

Street City State Zip Code 

GPS coordinates: 

The applicant must submit a full set of fingerprints for the Responsible person and each Control person(s) 

submitted through a Livescan services provider evaluated by the Florida Department of Law Enforcement for

state and national processing to the Department ORI number FL925080Z. 

DISCLOSURE OF CRIMINAL CONVICTIONS Pursuant to s. 581.217, F.S., and Rule 5B-57.014, F.A.C., providing the

Department with false or misleading information subjects an applicant to revocation or denial of a license to

cultivate hemp. 

[ ] The Responsible person and any Control person(s) has not been convicted of a felony relating to a controlled 

substance under state or federal law within the previous ten years. 

The applicant must submit an environmental containment plan for each Lot. 

[ ] Included with this application is a copy of my environmental containment plan for each Lot. 

Sign Your Application:

I certify that I will comply with all conditions above and with the requirements of s. 581.217, F.S., and Rule 5B-57.014, 

F.A.C. 

Responsible person signature: Date: 

Print Name: 

Responsible person and Control person(s):

Provide the following information for the Responsible person and each Control person(s) as defined in Rule 5B-57.014, 

F.A.C. Submit multiple copies of this page if more space is needed. 

FDACS-08112 12/19 

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Responsible person Name: 

First Middle Last 

Responsible person Address: 

Street or PO Box City State Zip Code 

Email Mailing Address: 

Phone: 

Livescan Information: 

Date submitted 

(MM/DD/YYYY): 

Livescan 

Reference Number: 

Date of Birth 

(MM/DD/YYYY): 

Control person Name: First Middle Last 

Control person Address: 

Street or PO Box City State Zip Code 

Email Mailing Address: 

Phone: 

Livescan Information: 

Date submitted 

(MM/DD/YYYY): 

Livescan 

Reference Number: 

Date of Birth 

(MM/DD/YYYY): 

Control person Name: First Middle Last 

Control person Address: 

Street or PO Box City State Zip Code 

Email Mailing Address: 

Phone: 

Livescan Information: 

Date submitted 

(MM/DD/YYYY): 

Livescan 

Reference Number: 

Date of Birth 

(MM/DD/YYYY): 

Control person Name: First Middle Last 

Control person Address: 

Street or PO Box City State Zip Code 

Email Mailing Address: 

Phone: 

Livescan Information: 

Date submitted 

(MM/DD/YYYY): 

Livescan 

Reference Number: 

Date of Birth 

(MM/DD/YYYY): 

FDACS-08112 12/19 

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Return This Form: 

DPIHemp@FDACS.gov 

or 

FDACS - DIVISION OF PLANT 

INDUSTRY 

P.O. BOX 147100 

GAINESVILLE, FLORIDA 

32614-7100 

ADDITIONAL CULTIVATION LOCATION(S) 

Additional Cultivation Location(s): 

Provide the address, legal land description, tax parcel number, and GPS coordinates for each location where hemp will be 

cultivated. Each additional growing location must include the required information below. Submit multiple copies of this page 

if more space is needed. 

Business Name (if applicable): 

Address: 

Street City State Zip Code 

Legal Land Description: 

Tax Parcel Number: 

GPS coordinates: 

Outside planting (acres): 

Inside planting (square feet): 

Cultivation Location is (check all that apply): 

☐ Classified Agricultural pursuant to s. 193.461, F.S. 

☐ Zoned for Agricultural Use 

☐ Zoned for Industrial Use 

☐ A Nursery as defined in s. 581.011, F.S. 

Storage Location for Harvested Hemp:

Provide the address and GPS coordinates where any harvested hemp will be stored for inspection. 

Address: 

Street City State Zip Code 

GPS coordinates: 

Address: 

Street City State Zip Code 

Legal Land Description: 

Tax Parcel Number: 

GPS coordinates: 

Outside planting (acres): 

Inside planting (square feet): 

Cultivation Location is (check all that apply): 

☐ Classified Agricultural pursuant to s. 193.461, F.S. 

☐ Zoned for Agricultural Use 

☐ Zoned for Industrial Use 

FDACS-08112 12/19 

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☐ A Nursery as defined in s. 581.011, F.S. 

Storage Location for Harvested Hemp:

Provide the address and GPS coordinates where any harvested hemp will be stored for inspection. 

Address: 

Street City State Zip Code 

GPS coordinates: 

Sign Your Application:

I certify that I will comply with all conditions above and with the requirements of s. 581.217, F.S., and Rule 5B-57.014, 

F.A.C. 

Responsible person signature: Date: 

Print Name: 

FDACS-08112 12/19 

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Florida Department of Agriculture and Consumer Services 

Division of Plant Industry 

HEMP WASTE DISPOSAL MANUAL 

NICOLE “NIKKI” FRIED Section 581.217, F.S., 5B-57.014(6) F.A.C 

COMMISSIONER Post Office Box 147100, Gainesville, FL 32614-7100 / (352)395-4700 

I. Introduction. Pursuant to the Agriculture Improvement Act of 2018, the Florida Legislature has 

created the state Hemp Program within the Department of Agriculture and Consumer Services 

(“Department”). In section 581.217, F.S., the Florida Legislature instructed the Department to 

provide a procedure for the effective disposal of hemp plants, whether growing or not, that are 

cultivated in violation of section 581.217, F.S., or Department rules, and products derived from 

those plants. This manual outlines the waste disposal procedures that licensees, registrants, and 

permittees must follow. 

II. Definitions. The definitions provided in ss. 500.03, 578.011, 580.031, 581.011, 581.217, F.S., 

and the following shall apply to this manual: 

1. “Hazardous Waste” means any waste generated by a Possessor that constitutes a hazardous 

waste as defined in 40 C.F.R. Part 261.3 (Rev. 07/19). 

2. “Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds 

thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers 

thereof, whether growing or not, that has a Total delta-9-tetrahydrocannabinol concentration that 

does not exceed 0.3 percent on a dry-weight basis. 

3. “Hemp extract” means a substance or compound intended for ingestion that is derived from or 

contains Hemp and that does not contain other controlled substances. 

4. “Licensee” means a person with a valid license to cultivate Hemp, as issued by the Department. 

5. “Lot” means a contiguous area in a field, greenhouse, or indoor growing structure used for the 

cultivation of the same variety or strain of Hemp. 

6. “Permittee” means a person with a valid food permit for a Hemp Food Establishment and a paid 

associated fee as required in rule 5K-4.020, F.A.C. 

7. “Possessor” means a Licensee, Permittee, or Registrant as defined in this manual. 

8. “Post-harvest plant material waste” means any part of the Hemp plant, such as leaves, stalks, 

and stems, that has been harvested and that is not processed with solvent or used in the processing 

of Hemp to generate derivative product; 

FDACS-08115, 12/19 

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9. “Pre-harvest plant material waste” means any part of the Hemp plant, such as leaves, stalks, and 

stems, that has not been harvested. 

10. “Registrant” means any person issued a master registration by the Department. 

11. “Total delta-9 tetrahydrocannabinol concentration” means [delta-9 tetrahydrocannabinol + 

(0.877 x tetrahydrocannabinolic acid)]. 

12. “Universal Waste” means any waste generated by a Possessor that constitutes a universal 

waste, as defined in 40 C.F.R. Part 273, Subpart A (Rev. 07/19). 

13. “Waste,” as used in this rule, means the following: 

(a) Processing waste, including spent solvents, and similar materials used in the processing 

of Hemp; 

(b) Derivative product waste, including Hemp that is unusable or unfit for sale or 

consumption. Product waste includes unused, returned, surplus, contaminated, recalled, 

and expired Hemp or Hemp product; and 

(c) Other contaminated materials, which is defined to include any substance, item or 

material that, at any time while in possession of the Possessor contained or came in 

contact with Hemp or Hemp-infused product. 

14. “Waste Disposal Plan” means a detailed plan outlining the process the Possessor will use to 

destroy Hemp or products containing Hemp extract. 

III. Disposal. 

1. A Possessor shall store, handle, transport, manage, and dispose of any solid or liquid waste, 

generated during any activity related to acquisition, cultivation, possession, processing, 

manufacturing, transferring, transporting, sale, distribution, dispensation, and 

administration of Hemp and products containing Hemp extract in compliance with 

applicable federal, state, and local statutes, ordinances, and regulations. 

2. Waste Disposal. Waste that does not meet the definition of hazardous or universal must be 

rendered unusable, unrecognizable, and non-retrievable before it leaves the control of the 

Possessor. Waste must be rendered unusable by grinding and mixing the waste with, at 

least, an equal amount of other compostable materials (e.g. food waste, yard waste, 

vegetable-based grease or oils) or non-compostable materials (e.g. paper waste, cardboard 

waste, plastic waste, or oil). Waste is rendered unusable and unrecognizable if all 

components are homogenous, indistinguishable, and incapable of being inhaled, ingested, 

swallowed, injected, or otherwise used or consumed. Waste must be rendered nonretrievable by permanently altering its condition and thereby rendering the waste unusable 

for all practical purposes. 

(a) Until such time that the waste is rendered unusable, unrecognizable, and nonretrievable, the waste must be stored in waste receptacles that are: 

1. Securely locked, enclosed container; 

FDACS-08115, 12/19 

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2. Securely fastened to a permanent structure such that it cannot be removed; and 

3. Located in a secured area of the facility 

(b) A Possessor shall maintain, and provide to the Department upon request, policies and 

procedures identifying employees of the Possessor with access to the waste storage 

area(s) of its facility. 

(c) After the waste is rendered unusable, unrecognizable, and non-retrievable, the waste 

shall be collected by a waste hauler along with other non-Hemp waste generated by the 

Possessor and delivered to a solid waste management facility, as that term is defined in 

section 403.703(39), F.S., for final disposition. 

3. Hazardous Waste Disposal. Chapter 62-730, F.A.C., governs the methods in which 

hazardous waste may be disposed. 

4. Universal Waste Disposal. Any waste generated by a Possessor that constitutes a universal 

waste shall be managed and disposed of in compliance with all applicable requirements of 

40 C.F.R. Part 273, Subpart A (Rev. 07/19). 

5. Plant material waste. Pre-harvest plant material waste or Post-harvest plant material waste 

which does not meet the definition of Hazardous or Universal waste must be disposed of 

by the Possessor in one of the following ways: 

a. Plowing the plant material waste into the field; 

b. Burying the plant material waste at a depth of at least 12” on-site; 

c. Disposing the plant material waste in a landfill; 

d. Burning the plant material waste on-site; 

e. Composting the plant material waste. 

6. The Possessor is responsible for all costs associated with the disposal of the Hazardous 

waste, Pre-harvest plant material waste, Post-harvest plant material waste, Waste, and 

Universal waste. 

FDACS-08115, 12/19 

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Florida Department of Agriculture and Consumer Services

Division of Plant Industry 

NOTICE OF DISPOSAL 

Send completed form to:

DPIHemp@FDACS.gov 

Or 

FDACS - Division of Plant Industry 

PO BOX 147100 

Gainesville, FL 32614-7100 NICOLE “NIKKI” FRIED 

COMMISSIONER 

Section 581.217, F.S. 

Rule 5B-57.014(8), F.A.C. 

Telephone: (850) 245-5520 

Non-Compliant Lot Disposal: 

License #: Lot #: 

Number of Hemp 

plants/Acreage 

collected or volume 

destroyed: 

Strain or Variety: 

Lab report #: 

On _______________, the licensee was notified by the Department to: arrange for the collection or destruction of the Lot 

by a DEA-registered reverse distributor, or a duly authorized Federal, State, or local law enforcement officer; or to dispose 

of the Lot in accordance with the Hemp Waste Disposal Manual, FDACS-08115, 12/19. On _______________, the noncompliant Lot identified above was: 

☐ Collected or destroyed by a DEA-registered reverse distributor, or a duly authorized Federal, State, or local law 

enforcement officer. 

☐ Disposed of in accordance with the Hemp Waste Disposal Manual, FDACS-08115, 12/19. 

(Licensee Name) 

By: 

(Responsible Person Signature) 

(Title) 

FDACS-08116, 12/19 

47 
 

 

5E-4.006 Seed Standards. 

The minimum standard for agricultural seeds shall be 60% (including hard seed or dormant seed) except hybrid field corn seed 

which shall be 90%, and hemp seed, which shall be 80% (including hard or dormant seed). For hemp seed which germinates less 

than the standard established by the department, the words “Below Standard” shall be prominently displayed on the label. Hemp 

seed below 60% germination may not be sold. The minimum standards for vegetable seeds are set forth in the documents 

incorporated herein. The Federal Seed Act Regulation specified in 7 CFR 201 (Revised January 1, 2018), are hereby incorporated by 

reference. Copies of this document may be obtained online at https://www.flrules.org/Gateway/reference.asp?No=Ref-10660. Also 

incorporated by reference are the State Noxious-Weed Seed Requirements Recognized in the Administration of the Federal Seed 

Act, October 2018 publication. Copies of this document may be obtained online at 

http://www.flrules.org/Gateway/reference.asp?No=Ref-10675. 

Rulemaking Authority 570.07(23), 578.11(2) FS. Law Implemented 578.11(2) FS. History–New 5-30-63, Amended 1-1-65, 11-21-69, Formerly 5E4.06, Amended 2-7-89, 6-14-95, 6-9-98, 7-7-19, 1-28-20. 

48 
 

 

 

5E-4.007 Commercial Tests and Consumer Request Samples. 

(1) The department will make commercial tests and perform analysis of consumer request samples of seed when such will not 

interfere with prescribed duties of the department. 

(2) Definitions. As used in this rule, the following definitions shall apply: 

(a) Consumer means individuals who purchase and use seed for plant production purposes. 

(b) Consumer request seed samples means an official seed sample taken and analyzed by the department at the request of the 

consumer. 

(3) Schedule of charges for the collection, packaging, shipment and analysis of consumer request seed samples and commercial 

tests is listed below: 

Type Test and Charge 

Product Purity Germination 

(a) Aeschynomene $10.50 $15.75 

(b) Alfalfa 15.75 15.75 

(c) Austrian Winter Pea 10.50 15.75 

(d) Bahiagrass, All Varieties 21.00 21.00 

(e) Beggarweed 10.50 15.75 

(f) Bentgrass 15.75 15.75 

(g) Bermudagrass 21.00 15.75 

(h) Bluegrass 21.00 15.75 

(i) Buckwheat 15.75 15.75 

(j) Carpetgrass 21.00 15.75 

(k) Centipedegrass 21.00 15.75 

(l) Chufa 10.50 21.00 

(m) Clovers 15.75 15.75 

(n) Corn, Field or Sweet 10.50 21.00 

(o) Cowpeas 10.50 15.75 

(p) Fescue 21.00 15.75 

(q) Flowers 15.75 15.75 

(r) Flowers, Mixed 26.25 31.50 

(s) Hairy Indigo 15.75 15.75 

(t) Hemp 21.00 21.00 

(u) Herbs 15.75 15.75 

(v) Lespedeza 15.75 15.75 

(w) Lovegrass 21.00 15.75 

(x) Lupine 10.50 15.75 

(y) Millets 15.75 15.75 

(z) Mixed Grasses 36.75 36.75 

(aa) Oats 15.75 15.75 

(bb) Partridge Pea 10.50 15.75 

(cc) Peanuts, Hulled 10.50 15.75 

(dd) Rye 15.75 15.75 

(ee) Ryegrass 21.00 15.75 

(ff) Rice 15.75 15.75 

(gg) Sesame 10.50 15.75 

(hh) Sesbania 10.50 15.75 

(ii) Sorghum 15.75 15.75 

(jj) Soybeans 10.50 15.75 

(kk) Sunflower 10.50 15.75 

(ll) Timothy 15.75 15.75 

49 
(mm) Tobacco 15.75 15.75 

(nn) Tree or Shrub Seed 15.75 21.00 

(oo) Triticale 15.75 15.75 

(pp) Vegetables 10.50 15.75 

(qq) Velvet bean 10.50 15.75 

(rr) Vetch 10.50 15.75 

(ss) Wheat 15.75 15.75 

(4) The Cold Test for corn is $5.00. 

(5) Seed not listed will be charged according to other seed of similar size. 

(6) An additional charge of $5.00 is required for testing germination of uncleaned seed. 

(7) The charge for noxious weed test is equal to one-half of the charge of the purity test. 

Rulemaking Authority 578.11(2) FS. Law Implemented 578.11(2)(h) FS. History–New 6-29-62, Amended 9-29-83, Formerly 5E-4.07, Amended 8-

17-92, 7-7-19, 1-28-20. 

50 
 

 

 

 

 

 

 

 

 

 

5E-4.016 Hemp Seed and Cultivars. 

(1) Definitions. The definitions provided in Sections 578.011, 581.217, F.S., and the following shall apply to Section 581.217, 

F.S., and this rule: 

(a) “Certified hemp seed” means a class of hemp seed which is the progeny of breeder, foundation, or registered hemp seed 

certified by a certifying agency. 

(b) “Pilot project hemp cultivar” is a clone or propagule of hemp approved by an institution or university conducting an 

industrial hemp pilot project pursuant to Section 1004.4473, F.S. 

(c) “Pilot project hemp seed” is hemp seed approved by an institution or university conducting an industrial hemp pilot project 

pursuant to Section 1004.4473, F.S. 

(d) “Total delta-9-tetrahydrocannabinol concentration” means [delta-9-tetrahydrocannabinol] + (0.877 

[tetrahydrocannabinolic acid)]. 

(2) Pilot project hemp cultivars. 

(a) An institution or university conducting an industrial hemp pilot project pursuant to Section 1004.4473, F.S., may approve 

pilot project hemp cultivars by complying with the following: 

1. Obtain a sample of the hemp cultivar and documentation evidencing the identity and origin of the hemp cultivar to be 

approved; and 

2. Following at least one growth cycle of a minimum of twelve (12) weeks, harvest all viable plants from the sample hemp 

cultivars, and perform testing on a representative sample to ensure the total delta-9-tetrahydrocannabinol concentration does not 

exceed 0.3 percent on a dry-weight basis. If the total delta-9-tetrahydrocannabinol concentration of the representative sample does 

not exceed 0.3 percent on a dry-weight basis, it may be approved by the institution or university. Collection of the representative 

sample must be done in accordance with the Hemp Field Sampling Manual, FDACS-08119, 12/19, incorporated herein by reference 

and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-11493. The Hemp Sample Submission Form 

FDACS-08113 rev. 12/19 is incorporated herein by reference and available online at 

http://www.flrules.org/Gateway/reference.asp?No=Ref-11492; and 

3. Maintain records of all pilot project hemp cultivars approved by the institution or university for a minimum of two years. 

(b) Approved pilot project hemp cultivars must be labeled as “Pilot Project Hemp Cultivar” and clearly identify the university or 

institution that granted the approval. 

(3) Pilot project hemp seed. 

(a) An institution or university conducting an industrial hemp pilot project pursuant to Section 1004.4473, F.S., shall follow all 

requirements found in Chapter 578, F.S., and Rule Chapter 5E-4, F.A.C., when approving pilot project hemp seed. 

(b) An institution or university conducting an industrial hemp pilot project pursuant to Section 1004.4473, F.S., may approve 

pilot project hemp seed by complying with the following: 

1. Obtain a sample of the hemp seed and documentation evidencing the identity and origin of the hemp seed to be approved; and 

2. Perform testing to determine purity, germination, and noxious weed seed content as set forth in Rules 5E-4.003 and 5E-4.006, 

F.A.C. The manner of sampling, laboratory testing, and the tolerances to be applied to the results shall be the same as that set forth 

in the “2019 AOSA Rules for Testing Seed” published by The Association of Official Seed Analysts which is hereby incorporated 

by reference. Copies may be obtained from AOSA, 653 Constitution Avenue N.E., Washington, DC 20002, USA or 

https://www.analyzeseeds.com/publications/, and are also available for public inspection during regular business hours at the Florida 

Administrative Code and Register, R.A. Gray Building, 500 South Bronough Street, Tallahassee, FL 32399-0250 and at the Florida 

Department of Agriculture and Consumer Services, Division of Agricultural Environmental Services, 3125 Conner Boulevard, 

Tallahassee, FL 32399-1650. Posting of the aftermentioned materials on the internet for purposes of public examination would 

violate federal copyright law; and 

3. Following at least one growth cycle of a minimum of twelve (12) weeks, harvest all viable plants from the sample hemp seed, 

and perform testing on a representative sample of the plants to ensure the total delta-9-tetrahydrocannabinol concentration does not 

exceed 0.3 percent on a dry-weight basis. If the total delta-9-tetrahydrocannabinol concentration of the representative sample does 

not exceed 0.3 percent on a dry-weight basis, it may be approved by the institution or university. Collection of the representative 

sample must be done in accordance with the Hemp Field Sampling Manual, FDACS-08119, 12/19; and 

4. Maintain records of all pilot project hemp seed approved by the institution or university pursuant to Section 578.23, F.S. 

(c) Approved pilot project hemp seed must be labeled according to Rule 5E-4.002, F.A.C., include the statement “Pilot Project 

51 

x 
Hemp Seed” and clearly identify the university or institution that granted the approval. 

Rulemaking Authority 570.07(23), 578.11(2), 581.217(12) FS. Law Implemented 578.011(8), 578.23, 581.217(6), 581.217(12) FS. History–New 1-

28-20. 

52