Update on Veterinary Hemp Rules

by legal advisor Ed Bayó

New hemp rules were promulgated by the Florida Department of Agriculture and Consumer Services (“FDACS”). These rules went into effect on January 2, 2020. The most important rule is Rule 5E-3.003, F.A.C., which addresses hemp extract in pet food, pet treats, specialty pet food and specialty pet treats.

Pet food, pet treats, specialty pet food and specialty pet treats may contain hemp extract, but not more than 0.3% total delta- 9-tetrahydrocannabinol concentration on a dry weight basis. Veterinarians may sell the above products without obtaining any additional licenses or permits.

Veterinarians may sell the above products, as long as the products are not claimed to be “drugs.” This means that the label must not contain claims indicating the product is intended for diagnosis, cure, mitigation, treatment or prevention of disease.

Just as in the case of “Prescription Diets” the veterinarian can explain that the products “help” in certain conditions and may provide “relief” or “alleviate” certain symptoms, but that they are not medicines and not intended to cure or treat a specific condition. Just like aspirin can alleviate arthritic pain but can’t cure it.

If veterinarians sell the above products, they must make sure that the labels on the container comply with Section 581.217, Fla. Stat., as well as Rule 5E-3.005, F.A.C.: The container must include:

a. A scannable barcode or quick response code linked to the certificate of analysis of the hemp extract batch by an independent testing laboratory;

b. The batch number;

c. The Internet address of a website where batch information may be obtained;

d. The expiration date;

If specific cannabinoids are claimed, the number of milligrams of each cannabinoid per serving must be declared on the label. The serving size shall be displayed on the label of the product.

Pet food, pet treats, specialty pet food and specialty pet treats consisting of or containing hemp extract shall be labeled “Not for human consumption.”

Bottom line: Vets should only obtain these products from reputable distributors that are in compliance with Florida laws and rules.