Inspector: ROBERT SMITH, ENVIRONMENTAL SPECIALIST II
Risk-Based Violations
No written procedures for vomit and diarrhea events. Industry handout provided.
Retail: Hemp and/or hemp extract products intended for human consumption observed to
be sold or distributed in packaging that is not compliant with ASTM International D3475-20, Standard
Classification of Child Resistant Packages. See: 5k-4.034(6)(i), F.A.C.. Please see the comments section
of the Food Safety Inspection Report and the Food Safety Inspection Supplemental Report.
o
Retail: Hemp and/or hemp extract products intended for human consumption observed to
be sold or distributed in packaging that does not include: 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 each marketed cannabinoid per serving. See: 5k-4.034(6)(b), F.A.C..
Please see the comments section of the Food Safety Inspection Report and the Food Safety Inspection
Supplemental Report.
o
Retail: Hemp and/or hemp extract products intended for human consumption observed to
be in a manner that is attractive to children or specifically targets children. See: 5k-4.034(9), F.A.C..
Please see the comments section of the Food Safety Inspection Report and the Food Safety Inspection
Supplemental Report.
o
No handwash sign supplied at handwash sink in unisex employee restroom.
Good Retail Practice Violations
No light provided inside of unisex employee restroom. COS: Manager changed the light
bulb.
Retail: Hemp and/or hemp extract products intended for human consumption observed to
be a controlled substance according to the product's certificate of analysis. See: s. 500.10(1)(a) and s.
581.217(3)(e), F.S., as well as s. 893.03(1)(c)190.a., F.S. and Rule 5K-4.034. Please see the comments
section of the Food Safety Inspection Report and the Food Safety Inspection Supplemental Report.
o
Retail: Hemp and/or hemp extract products intended for human consumption observed to
be a controlled substance according to the product's certificate of analysis. See: s. 581.217(3)(f), F.S., as
well as s. 893.03(1)(c)190., F.S.. Please see the comments section of the Food Safety Inspection Report
and the Food Safety Inspection Supplemental Report.
o
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; FAC 5K-4 Violation of Florida Food Law.* Labeling
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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 VOLUSIA SMOKE AND VAPE 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.
Ethan PIC
(Signature of FDACS Representative)
(Signature of Representative)
ROBERT SMITH, ENVIRONMENTAL SPECIALIST II
CHRIS MARGARITO, PERSON IN CHARGE
Print Name and Title
FDACS-14325 Rev. 07/13
Neal Wohltman Senior Sanitation and Safety Specialist
Alisha Morash-Fowler Sanitation and Safety Specialist
Alexander Zehr, Sanitation & Safety Specialist
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