When was Botanical Brewing Co in Cape Coral last inspected?

Botanical Brewing Co in Cape Coral was last inspected by the Florida Department of Agriculture and Consumer Services (FDACS) on November 21, 2024. Inspection type: Operating Without a Valid Food Permit; Focused Inspection.

How many inspections has Botanical Brewing Co in Cape Coral had?

Botanical Brewing Co in Cape Coral has 4 FDACS food safety inspection(s) on record from January 2022 to present.

What did the most recent FDACS inspection of Botanical Brewing Co in Cape Coral find?

Botanical Brewing Co in Cape Coral was most recently inspected by FDACS on November 21, 2024 (Operating Without a Valid Food Permit; Focused Inspection).

Has Botanical Brewing Co in Cape Coral had any stop-sale or stop-use orders?

Yes, Botanical Brewing Co in Cape Coral has 22 stop-sale or stop-use enforcement action(s) on record with Florida FDACS. Most affected products were released after correction.

Botanical Brewing Co in Cape Coral

Name: Botanical Brewing Co in Cape Coral Inspection Records
Creator: Florida Department of Agriculture and Consumer Services
License: https://creativecommons.org/publicdomain/zero/1.0/

Last inspected: November 21, 2024

843 Miramar St, Cape Coral, FL 33904

Lee County · Other Perishable Processing · FDACS
Owner: Botanical Brewing Company
FDACS Estab #: 395662

Overview

Botanical Brewing Co in Cape Coral has experienced significant compliance issues centered on product labeling and adulteration. Between September and November 2024, the facility was subject to multiple stop-sale orders. On September 12, 2024, four stop-sale orders were issued for hemp extract products deemed attractive to children under FS 581.217, and four additional orders for misbranded products with labeling violations under FS 500.04/500.11 — all products were subsequently relabeled and released. On November 21, 2024, four stop-sale orders were issued for adulterated food products under FS 500.04/500.10 — all products were voluntarily destroyed by management and witnessed by the inspector. An inspection on November 21, 2024 documented that the facility was operating with an expired food permit and required a focused visit to witness voluntary disposal of Kanna product. The facility has 4 total inspections on record with 0 routine violations cited; however, the pattern of stop-sale orders across multiple product categories and the expired permit status indicate ongoing compliance challenges requiring corrective action and permit renewal.

Summary generated from Florida FDACS public inspection records.

4FDACS Insp.

4Violations

22Stop-Sale Orders

Last inspected FDACS: November 21, 2024

Botanical Brewing Co in Cape Coral: FDACS Inspection History (4)

Inspections conducted by the Florida Department of Agriculture and Consumer Services (FDACS), which oversees grocery stores, convenience stores, bakeries, food manufacturers, mobile vendors, and vending machines.

2024 — 3 inspections

Nov 21, 2024 — Operating Without a Valid Food Permit; Focused Inspection· 1 violation· 4 stop-sale orders· Operating Without Permit

Inspector: BRIAN SCHUETTLER, ENVIRONMENTAL CONSULTANT

Comments: Visit to witness voluntary disposal of Kanna product. This food establishment was found to be operating with an expired food permit. To renew a food permit, visit https://foodpermit.fdacs.gov or contact the Business Center at 850-245-5520.

Risk-Based Violations

99 Expired Permit - The food establishment is operating without a valid food permit. 500.12(1)(a) F.S., 5K-4.020(5), F.A.C.Repeat

FE found to be operating without a valid permit, failed to renew permit by 10/22/24 due date A Supplemental Report was also issued during the visit which includes important information for management.

Stop-Sale Orders & Supplemental Actions

STOP SALE ORDER

Reason: FS 500.04; FS 500.10 Adulterated.* Food Deemed Adulterated

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

Disposition: Product was voluntarily destroyed by food establishment management and witnessed by inspector.

STOP SALE ORDER

Reason: FS 500.04; FS 500.10 Adulterated.* Food Deemed Adulterated

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

Disposition: Product was voluntarily destroyed by food establishment management and witnessed by inspector.

STOP SALE ORDER

Reason: FS 500.04; FS 500.10 Adulterated.* Food Deemed Adulterated

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

Disposition: Product was voluntarily destroyed by food establishment management and witnessed by inspector.

STOP SALE ORDER

Reason: FS 500.04; FS 500.10 Adulterated.* Food Deemed Adulterated

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

Disposition: Product was voluntarily destroyed by food establishment management and witnessed by inspector.

Sep 12, 2024 — Focused Inspection· 1 violation· 10 stop-sale orders· Focused Inspection

Inspector: BRIAN SCHUETTLER, ENVIRONMENTAL CONSULTANT

Comments: The original Stop-Sale Order issued on 6/11/24 remains in effect. Food establishment can visit https://foodpermit.fdacs.gov or contact the Business Center at (850) 245-5520 when corrections have been made and/or when required documents have been obtained to request food safety inspector visit for written release of product and/or equipment. Failure to comply with the request for written release may or will result in Administrative Action. Visit to release product that is now properly labeled

Risk-Based Violations

97 Dietary supplement or its ingredients presents a significant risk of illness or injury due to: the recommended or suggested conditions of use on the product labeling, failure to provide conditions of use on the product labeling, or an ingredient for which there is inadequate information to provide reasonable assurance that such ingredient does not present a significant risk of illness or injury. 500.10(5), F.S.Repeat

You manufacture, store, and distribute Kanna Pomegranate Fusion Pure Bliss 12 oz beverage that contains Sceletium Tortusum (Kanna). This ingredient meets the definition of a dietary ingredient but does not appear to be an approved dietary ingredient. Further, this ingredient is in a conventional food and has not been approved as a food additive or be generally recognized as safe (GRAS). There is no information available to provide assurances that this ingredient does not present significant risk of illness or injury if used in food or dietary supplements. See supplements for products. A Supplemental Report was also issued during the visit which includes important information for management.

Stop-Sale Orders & Supplemental Actions

STOP SALE ORDER

Reason: FS 581.217 Distribution and Retail Sale of Hemp Extract. * Attractive to Children.

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

Disposition: Product was relabeled, checked, and released.

STOP SALE ORDER

Reason: FS 581.217 Distribution and Retail Sale of Hemp Extract. * Attractive to Children.

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

Disposition: Product was relabeled, checked, and released.

STOP SALE ORDER

Reason: FS 581.217 Distribution and Retail Sale of Hemp Extract. * Attractive to Children.

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

Disposition: Product was relabeled, checked, and released.

STOP SALE ORDER

Reason: FS 581.217 Distribution and Retail Sale of Hemp Extract. * Attractive to Children.

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

Disposition: Product was relabeled, checked, and released.

STOP SALE ORDER

Reason: FS 500.04; FS 500.11 Misbranded.* Labeling

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

Disposition: Product was relabeled, checked, and released.

STOP SALE ORDER

Reason: FS 500.04; FS 500.11 Misbranded.* Labeling

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

Disposition: Product was relabeled, checked, and released.

STOP SALE ORDER

Reason: FS 500.04; FS 500.11 Misbranded.* Labeling

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

Disposition: Product was relabeled, checked, and released.

STOP SALE ORDER

Reason: FS 500.04; FS 500.11 Misbranded.* Labeling

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

Disposition: Product was relabeled, checked, and released.

STOP SALE ORDER

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

STOP SALE ORDER

Reason: FS 500.04; FS 500.10 Adulterated.* Food Deemed Adulterated Comments: To request a Food Safety Inspector visit for written release when appropriate documentation regarding approval of water and/or sewerage has been obtained, contact the Business Center at (850) 245-5520 or [email protected]. Print Date: 9/12/2024 Page 9 of 10 When the department or its duly authorized agent finds, or has probable cause to believe, that any food or food-processing equipment is in violation of this chapter or any rule adopted under this chapter so as to be dangerous, unwholesome, fraudulent, or insanitary within the meaning of this chapter, an agent of the department may issue and enforce a stop-sale, stop-use, removal, or hold order, which order gives notice that such article or processing equipment is, or is suspected of being, in violation and has been detained or embargoed and which order warns all persons not to remove, use, or dispose of such article or processing equipment by sale or otherwise until permission for removal, use, or disposal is given by the department or the court. It is unlawful for any person to remove, use, or dispose of such detained or embargoed article or processing equipment by sale or otherwise without such permission in accordance with 500.172 (1) Florida Statutes. AN ADMINISTRATIVE HEARING IS AVAILABLE FOR ALL ORDERS, NOTICES, AND REPORTS IN THIS SUPPLEMENTAL REPORT If you wish to contest the Department's action, you have the right to request an administrative hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes and to be represented by counsel or other qualified representative. Your request for hearing must contain: 1. Your name, address, and telephone number, and facsimile number (if any). 2. The name, address, and telephone number, and facsimile number of your attorney or qualified representative (if any) upon whom service of pleadings and other papers shall be made. 3. A statement that you are requesting an administrative hearing and dispute the material facts alleged by the department, in which case you must identify the material facts that are in dispute (formal hearing), or that you request an administrative hearing and that you do not dispute the facts alleged by the department (informal hearing). 4. A statement of when (date) you received the Notice and the file number of this Notice. Your request for a hearing must be received at the address shown on this Notice within twenty-one (21) days of receipt of this Notice. If you fail to obtain a Release from this Notice or fail to request an administrative hearing within the twenty-one (21) day deadline you waive your right to a hearing and the Department may enter a Final Order imposing up to the maximum penalties as authorized by Florida Law. HEARING WAIVER AND WAIVER OF RIGHTS I, _____________________________________________________ the person in charge of Botanical Brewing Co hereby waive a notice and a hearing as provided in Chapter 120, Florida Statutes and waive all rights as provided on the last page of this report. ____________________________________________ (Signature) ACKNOWLEDGEMENT I acknowledge receipt of a copy of this document. (Signature of FDACS Representative) (Signature of Representative) BRIAN SCHUETTLER, ENVIRONMENTAL CONSULTANT THOMAS SHERIDAN, SUPERVISOR Print Name and Title FDACS-14325 Rev. 07/13 Print Date: 9/12/2024 Page 10 of 10

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

Aug 12, 2024 — Product Re-inspection Required· 2 violations· 8 stop-sale orders· Re-Inspection Required

Inspector: GRETCHEN RHODES, BIOLOGICAL SCIENTIST IV

Comments: Document receipt of product moved from Surge Distribution fe 421070

Risk-Based Violations

75 Hemp extract intended for human consumption distributed or sold in the state not labeled pursuant to s. 500 F.S., s. 581.217(7) F.S., 5K-4.034(6)(a), F.A.C.

Specifically, The Botanical Brewing Co. Lemon Pound Cake Delta-9 beverage and The Botanical Brewing Co. Perfect Pear Delta-9 beverage lacks a statement of identity on the principal display panel and % of juice declaration.

77 Distribution or sale of a hemp extract that is attractive to children in violation of s. 581.217(7)(e), F.S. The hemp extract product, or the package, label, or advertisement for the product, is in the shape of humans, cartoons, or animals; or bears any reasonable resemblance to an existing candy product that is familiar to the public as a widely distributed, branded food product such that a product could be mistaken for the branded product, especially by children; or the product contains any color additives.

Specifically, hemp extract products observed to be Attractive to Children-product and/or labels in the shape of an animal, human, or cartoon; or bears any resemblance to an existing candy product. See supplements. A Supplemental Report was also issued during the visit which includes important information for management.

Stop-Sale Orders & Supplemental Actions

STOP SALE ORDER

Reason: FS 581.217 Distribution and Retail Sale of Hemp Extract. * Attractive to Children. Comments: When corrections have been made, request a Food Safety Inspector visit for written release of product by contacting the Business Center at (850) 245-5520 or [email protected].

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

STOP SALE ORDER

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

STOP SALE ORDER

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

STOP SALE ORDER

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

STOP SALE ORDER

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

STOP SALE ORDER

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

STOP SALE ORDER

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

STOP SALE ORDER

Reason: FS 500.04; FS 500.11 Misbranded.* Labeling Comments: When corrections have been made, request a Food Safety Inspector visit for written release of product by contacting the Business Center at (850) 245-5520 or [email protected]. Print Date: 8/16/2024 Page 4 of 5 When the department or its duly authorized agent finds, or has probable cause to believe, that any food or food-processing equipment is in violation of this chapter or any rule adopted under this chapter so as to be dangerous, unwholesome, fraudulent, or insanitary within the meaning of this chapter, an agent of the department may issue and enforce a stop-sale, stop-use, removal, or hold order, which order gives notice that such article or processing equipment is, or is suspected of being, in violation and has been detained or embargoed and which order warns all persons not to remove, use, or dispose of such article or processing equipment by sale or otherwise until permission for removal, use, or disposal is given by the department or the court. It is unlawful for any person to remove, use, or dispose of such detained or embargoed article or processing equipment by sale or otherwise without such permission in accordance with 500.172 (1) Florida Statutes. AN ADMINISTRATIVE HEARING IS AVAILABLE FOR ALL ORDERS, NOTICES, AND REPORTS IN THIS SUPPLEMENTAL REPORT If you wish to contest the Department's action, you have the right to request an administrative hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes and to be represented by counsel or other qualified representative. Your request for hearing must contain: 1. Your name, address, and telephone number, and facsimile number (if any). 2. The name, address, and telephone number, and facsimile number of your attorney or qualified representative (if any) upon whom service of pleadings and other papers shall be made. 3. A statement that you are requesting an administrative hearing and dispute the material facts alleged by the department, in which case you must identify the material facts that are in dispute (formal hearing), or that you request an administrative hearing and that you do not dispute the facts alleged by the department (informal hearing). 4. A statement of when (date) you received the Notice and the file number of this Notice. Your request for a hearing must be received at the address shown on this Notice within twenty-one (21) days of receipt of this Notice. If you fail to obtain a Release from this Notice or fail to request an administrative hearing within the twenty-one (21) day deadline you waive your right to a hearing and the Department may enter a Final Order imposing up to the maximum penalties as authorized by Florida Law. HEARING WAIVER AND WAIVER OF RIGHTS I, _____________________________________________________ the person in charge of Botanical Brewing Co hereby waive a notice and a hearing as provided in Chapter 120, Florida Statutes and waive all rights as provided on the last page of this report. ____________________________________________ (Signature) ACKNOWLEDGEMENT I acknowledge receipt of a copy of this document. (Signature of FDACS Representative) (Signature of Representative) GRETCHEN RHODES, BIOLOGICAL SCIENTIST IV JAMES JONES, MASTER BREWER Print Name and Title FDACS-14325 Rev. 07/13 Print Date: 8/16/2024 Page 5 of 5

Lot: Number of Packages:

Quantity: Size of Packages: · Total Weight:

2022 — 1 inspection

Aug 4, 2022 — Met Inspection Requirements· Met Requirements

Inspector: BRITTANY SMITH, ENVIRONMENTAL SPECIALIST II

Comments: A copy of this report has been provided to the person in charge of the food establishment and will be available online at https://foodpermit.fdacs.gov/Reports/SearchFoodEntity.aspx . JAMES JONES, BREWER BRITTANY SMITH, ENVIRONMENTAL SPECIALIST II

No violations or enforcement actions recorded for this inspection.

Botanical Brewing Co in Cape Coral: Stop-Sale & Stop-Use Orders (22)

Products placed under stop-sale or stop-use order by FDACS inspectors. Stop-sale orders prohibit the sale of food that is adulterated, mislabeled, or poses a health risk.

FDACS stop-sale and stop-use orders for Botanical Brewing Co in Cape Coral
Date	Order Type	Product	Brand/Lot	Reason
Nov 21, 2024	STOP SALE ORDER	—	Number of Packages:	FS 500.04; FS 500.10 Adulterated.* Food Deemed Adulterated
Nov 21, 2024	STOP SALE ORDER	—	Number of Packages:	FS 500.04; FS 500.10 Adulterated.* Food Deemed Adulterated
Nov 21, 2024	STOP SALE ORDER	—	Number of Packages:	FS 500.04; FS 500.10 Adulterated.* Food Deemed Adulterated
Nov 21, 2024	STOP SALE ORDER	—	Number of Packages:	FS 500.04; FS 500.10 Adulterated.* Food Deemed Adulterated
Sep 12, 2024	STOP SALE ORDER	—	Number of Packages:	FS 581.217 Distribution and Retail Sale of Hemp Extract. * Attractive to Children.
Sep 12, 2024	STOP SALE ORDER	—	Number of Packages:	FS 581.217 Distribution and Retail Sale of Hemp Extract. * Attractive to Children.
Sep 12, 2024	STOP SALE ORDER	—	Number of Packages:	FS 581.217 Distribution and Retail Sale of Hemp Extract. * Attractive to Children.
Sep 12, 2024	STOP SALE ORDER	—	Number of Packages:	FS 581.217 Distribution and Retail Sale of Hemp Extract. * Attractive to Children.
Sep 12, 2024	STOP SALE ORDER	—	Number of Packages:	FS 500.04; FS 500.11 Misbranded.* Labeling
Sep 12, 2024	STOP SALE ORDER	—	Number of Packages:	FS 500.04; FS 500.11 Misbranded.* Labeling
Sep 12, 2024	STOP SALE ORDER	—	Number of Packages:	FS 500.04; FS 500.11 Misbranded.* Labeling
Sep 12, 2024	STOP SALE ORDER	—	Number of Packages:	FS 500.04; FS 500.11 Misbranded.* Labeling
Sep 12, 2024	STOP SALE ORDER	—	Number of Packages:	FS 500.04; FS 500.10 Adulterated.* Food Deemed Adulterated Comments: To request a Food Safety Inspector visit for writte…
Sep 12, 2024	STOP SALE ORDER	—	Number of Packages:	FS 500.04; FS 500.10 Adulterated.* Food Deemed Adulterated Comments: To request a Food Safety Inspector visit for writte…
Aug 12, 2024	STOP SALE ORDER	—	Number of Packages:	FS 581.217 Distribution and Retail Sale of Hemp Extract. * Attractive to Children. Comments: When corrections have been …
Aug 12, 2024	STOP SALE ORDER	—	Number of Packages:	FS 581.217 Distribution and Retail Sale of Hemp Extract. * Attractive to Children. Comments: When corrections have been …
Aug 12, 2024	STOP SALE ORDER	—	Number of Packages:	FS 581.217 Distribution and Retail Sale of Hemp Extract. * Attractive to Children. Comments: When corrections have been …
Aug 12, 2024	STOP SALE ORDER	—	Number of Packages:	FS 581.217 Distribution and Retail Sale of Hemp Extract. * Attractive to Children. Comments: When corrections have been …
Aug 12, 2024	STOP SALE ORDER	—	Number of Packages:	FS 500.04; FS 500.11 Misbranded.* Labeling Comments: When corrections have been made, request a Food Safety Inspector vi…
Aug 12, 2024	STOP SALE ORDER	—	Number of Packages:	FS 500.04; FS 500.11 Misbranded.* Labeling Comments: When corrections have been made, request a Food Safety Inspector vi…
Aug 12, 2024	STOP SALE ORDER	—	Number of Packages:	FS 500.04; FS 500.11 Misbranded.* Labeling Comments: When corrections have been made, request a Food Safety Inspector vi…
Aug 12, 2024	STOP SALE ORDER	—	Number of Packages:	FS 500.04; FS 500.11 Misbranded.* Labeling Comments: When corrections have been made, request a Food Safety Inspector vi…

Botanical Brewing Co in Cape Coral: Frequently Asked Questions

When was Botanical Brewing Co in Cape Coral last inspected?: Botanical Brewing Co in Cape Coral was last inspected by the Florida Department of Agriculture and Consumer Services (FDACS) on November 21, 2024. Inspection type: Operating Without a Valid Food Permit; Focused Inspection.
How many inspections has Botanical Brewing Co in Cape Coral had?: Botanical Brewing Co in Cape Coral has 4 FDACS food safety inspection(s) on record from January 2022 to present.
What did the most recent FDACS inspection of Botanical Brewing Co in Cape Coral find?: Botanical Brewing Co in Cape Coral was most recently inspected by FDACS on November 21, 2024 (Operating Without a Valid Food Permit; Focused Inspection).
Has Botanical Brewing Co in Cape Coral had any stop-sale or stop-use orders?: Yes, Botanical Brewing Co in Cape Coral has 22 stop-sale or stop-use enforcement action(s) on record with Florida FDACS. Most affected products were released after correction.