FDACS Stop-Sale Orders: Distribution/Retail Sale and Advertising/Marketing

Frequently Asked Questions

What is an FDACS Distribution/Retail Sale and Advertising/Marketing stop-sale order?

An FDACS Distribution/Retail Sale and Advertising/Marketing stop-sale order requires a Florida food establishment to immediately stop selling or using a product that violates 581.217(7)(e), F.S. Florida Statute 581.217 governs the distribution, retail sale, and marketing of hemp extract products. Violations include selling hemp products through unlicensed channels, marketing hemp extract with unapproved health claims, distributing products without required testing documentation, or advertising hemp in ways that violate Florida's consumer protection standards. Products subject to these stop-sales are pulled from shelves immediately — they cannot be sold, transferred, or given away until FDACS approves a release. FDACS has issued 16540 such orders across 742 Florida facilities.

What happens when FDACS issues a stop-sale order for Distribution/Retail Sale and Advertising/Marketing?

When FDACS issues a Distribution/Retail Sale and Advertising/Marketing 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 Distribution/Retail Sale and Advertising/Marketing 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. Distribution/Retail Sale and Advertising/Marketing stop-sale orders have been issued at 742 Florida facilities, with 8,512 orders in the past 12 months.

What law covers FDACS Distribution/Retail Sale and Advertising/Marketing stop-sale orders?

FDACS Distribution/Retail Sale and Advertising/Marketing stop-sale orders are issued under 581.217(7)(e), F.S. 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.