FDACS Stop-Sale Orders: Attractive to Children

Frequently Asked Questions

What is an FDACS Attractive to Children stop-sale order?

An FDACS Attractive to Children stop-sale order requires a Florida food establishment to immediately stop selling or using a product that violates FS 581.217 Distribution and Retail Sale of Hemp Extract. Florida Statute 581.217(7)(e) prohibits the sale of hemp extract products packaged, named, or marketed in ways that are attractive to children. Inspectors cite products shaped like gummies, cartoon characters, or familiar candy brands; products with names referencing children's foods or toys; or products with packaging using bright colors and imagery designed to appeal to minors. A child who ingests a high-potency CBD or hemp extract product can experience serious adverse effects. FDACS has issued over 6,400 stop-sales targeting these products — each one removed from a shelf where a child could have reached it. FDACS has issued 6476 such orders across 530 Florida facilities.

What happens when FDACS issues a stop-sale order for Attractive to Children?

When FDACS issues a Attractive to Children stop-sale order, the affected products must immediately be removed from sale or use. The establishment cannot sell, distribute, or use the flagged products until FDACS approves corrective action. Violating a stop-sale order can result in additional penalties under Florida Statutes Chapter 500.

Which Florida businesses receive Attractive to Children stop-sale orders?

FDACS inspects and issues stop-sale orders to grocery stores, convenience stores, food manufacturers, bakeries, mobile food vendors, and vending machine operators. Attractive to Children stop-sale orders have been issued at 530 Florida facilities, with 159 orders in the past 12 months.

What law covers FDACS Attractive to Children stop-sale orders?

FDACS Attractive to Children stop-sale orders are issued under FS 581.217 Distribution and Retail Sale of Hemp Extract. The Florida Department of Agriculture and Consumer Services (FDACS) enforces Florida Statutes Chapter 500 and Florida Administrative Code 5K-4, which adopt FDA Food Code standards for food safety and labeling compliance.