Holy Smoke and Vape Establishment # in Port Charlotte

Last inspected:

2300 Tamiami Trl Unit 12, Port Charlotte, FL 33952
Overview

Holy Smoke And Vape, a health food store in Port Charlotte, received multiple stop-sale orders on July 8, 2025 for controlled substances under Florida Statutes 500.10(1)(a), 581.217(3)(e), and 893.03(1)(c). The orders required immediate removal of products from sale. Additional stop-sale orders were issued the same date for distribution, retail sale, and advertising violations under 581.217(7)(e), F.S. A subsequent focused inspection on September 17, 2025 found no violations and documented that required product was not available at the time of the visit.

Summary generated from Florida FDACS public inspection records.

3FDACS Insp.
6Violations
42Stop-Sale Orders

Last inspected FDACS:

Holy Smoke and Vape Establishment # in Port Charlotte: FDACS Inspection History (3)

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.

— 3 inspections
— Focused Inspection· Focused Inspection

Inspector: SCOTT RAPRAGER, ENVIRONMENTAL SPECIALIST II

Comments: Visit made for sample collection. Required product not available

No violations or enforcement actions recorded for this inspection.

— Product Re-inspection Required· 6 violations· 42 stop-sale orders· Re-Inspection Required

Inspector: MICHELLE MADDOX, ENVIRONMENTAL SPECIALIST II

Comments: Stop Sale Order issued. Food establishment may visit https://foodpermit.fdacs.gov or contact the Business Center at (850) 245-5520 to request a written release of the Stop Sale Order. If the product contains a controlled substance, a court order obtained by a law enforcement agency may be required before the Department may release the product for destruction. Failure to obtain a written release from the Department prior to moving the stopped product or failure to comply with the terms of the Department's written release will result in Administrative Action. Hemp extract products for human consumption must meet requirements as per 5K-4.034, F.A.C. and s. 581.217, F.S. which have been provided via email. Request #5134770. Trainee present during inspection. All violations verified by primary inspector.

Risk-Based Violations

71 Hemp or Hemp Extract intended for Human Consumption sold or distributed in a container that is not compliant with ASTM International D3475-20, Standard Classification of Child Resistant Packages, because the container does not meet one or more of the descriptions of child-resistant packages set out in Table 1 therein. 5K-4.034(6)(j), F.A.C.
Retail Area - Hemp Extract products for human consumption observed to be Attractive to Children - product observed does not meet ASTM International D3475-20, Standard Classification of Child Resistant Packages. FE putting noncompliant product into Child Resistant Packaging at point of sale. Provided a copy of 5K-4.034, F.A.C. and Resource Guide for Child Resistant Packaging Requirements to Food Establishment. Check-back for full compliance will be conducted. See Stop-sale order. o
75 Hemp or Hemp Extract intended for human consumption is distributed or sold 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. s. 581.217(7)(a)2. a. - e., F.S. and 5K-4.034(6)(a), F.A.C.
Retail Area - Hemp extract products found without a scannable barcode/quick response code, a batch number, an expiration date, an internet address, and/or the number of milligrams of each marketed cannabinoid on product packaging. See Stop-sale order. o
75 The label of a product containing Hemp or Hemp Extract intended for Human Consumption in packaged form does not specify conspicuously the name and place of business of the processor, packer, or distributor. 5K-4.034(6)(i), F.A.C.
Retail Area - Hemp extract products found without name and place of business of manufacturer or distributor on product packaging. See Stop-sale order. o
75 The scannable barcode or quick response code as required in Section 581.217(7) (a)2., F.S., does not link directly to a webpage where the required certificate of analysis may be found in three or fewer steps. 5K-4.034(6)(k), F.A.C.
Retail Area - Hemp extract products does not link to a certificate of analysis from scannable barcode or quick response code on product packaging. See Stop-sale order. o Print Date: 7/8/2025 Page 1 of 2 76 Citation Description: Pursuant to Section 500.03(1)(n)4., hemp or hemp extract for human consumption is misbranded. The label or advertisement for hemp or hemp extract intended for human consumption contains claims indicating the product is intended for diagnosis, cure, mitigation, treatment, or prevention of disease, rendering it a drug as defined in 21 U.S.C. 321(g)(1). 5K-4.034(6)(d), F.A.C. Observation: Retail Area - Modus Presidential Blend Peach Freeze Hemp Gummies NO4645 Exp.10/26 24309A 396414 Analyzed and identified as 60% below label claim for D8 and 44% below label claim for THCV. Modus Presidential Blend Cherry Cola Hemp Gummies NO4646 Exp.10/26 24309B Analyzed and identified as 40% below label claim for THCV. See Stop-sale Order. o
77 Hemp or hemp extract for human consumption is attractive to children, containing color additives. 581.217(3)(a) F.S., 5K-4.034(5), F.A.C.
Retail Area - Hemp Extract products for human consumption observed to be Attractive to Children - product contains color additives. See Stop Sale Order. o INSPECTION: CONTROLLED SUBSTANCE Violation No.
98 The product intended for human consumption contains a total delta-9 tetrahydrocannabinol concentration of more than 0.3% on a wet-weight basis and therefore does not meet the definition of hemp or hemp extract. The product is considered adulterated pursuant to s. 500.10(1)(a), and s. 581.217(3)(e), F.S. and contains a controlled substance pursuant to s. 893.03(1)(c)190.a., F.S.Repeat
Retail Area - Hemp Extract products observed to be over the 0.3% total delta 9 THC concentration according to product package labeling or Certificate of Analysis. See 581.217(3)(e), F.S., and Rule 5K-4.034(2)(m). See Stop Sale Order. A Supplemental Report was also issued during the visit which includes important information for management.

Stop-Sale Orders & Supplemental Actions

STOP SALE ORDER

Reason: 500.10(1)(a), 581.217(3)(e), F.S., 893.03(1)(c)190.a., F.S.* Controlled Substance Comments: Print Date: 7/8/2025 Page 1 of 23

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STOP SALE ORDER

Reason: 500.10(1)(a), 581.217(3)(e), F.S., 893.03(1)(c)190.a., F.S.* Controlled Substance Comments:

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STOP SALE ORDER

Reason: 500.10(1)(a), 581.217(3)(e), F.S., 893.03(1)(c)190.a., F.S.* Controlled Substance Comments: Print Date: 7/8/2025 Page 2 of 23

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STOP SALE ORDER

Reason: 500.10(1)(a), 581.217(3)(e), F.S., 893.03(1)(c)190.a., F.S.* Controlled Substance Comments:

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STOP SALE ORDER

Reason: 500.10(1)(a), 581.217(3)(e), F.S., 893.03(1)(c)190.a., F.S.* Controlled Substance Comments: Print Date: 7/8/2025 Page 3 of 23

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STOP SALE ORDER

Reason: 500.10(1)(a), 581.217(3)(e), F.S., 893.03(1)(c)190.a., F.S.* Controlled Substance Comments:

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STOP SALE ORDER

Reason: 500.10(1)(a), 581.217(3)(e), F.S., 893.03(1)(c)190.a., F.S.* Controlled Substance Comments: Print Date: 7/8/2025 Page 4 of 23

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STOP SALE ORDER

Reason: 500.10(1)(a), 581.217(3)(e), F.S., 893.03(1)(c)190.a., F.S.* Controlled Substance Comments:

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STOP SALE ORDER

Reason: 581.217(7)(e), F.S.* Distribution/Retail Sale and Advertising/Marketing Comments: Print Date: 7/8/2025 Page 5 of 23

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STOP SALE ORDER

Reason: 581.217(7)(e), F.S.* Distribution/Retail Sale and Advertising/Marketing Comments:

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STOP SALE ORDER

Reason: 581.217(7)(e), F.S.* Distribution/Retail Sale and Advertising/Marketing Comments: Print Date: 7/8/2025 Page 6 of 23

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STOP SALE ORDER

Reason: 581.217(7)(e), F.S.* Distribution/Retail Sale and Advertising/Marketing Comments:

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STOP SALE ORDER

Reason: 581.217(7)(e), F.S.* Distribution/Retail Sale and Advertising/Marketing Comments: Print Date: 7/8/2025 Page 7 of 23

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STOP SALE ORDER

Reason: 581.217(7)(e), F.S.* Distribution/Retail Sale and Advertising/Marketing Comments:

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STOP SALE ORDER

Reason: 581.217(7)(e), F.S.* Distribution/Retail Sale and Advertising/Marketing Comments: Print Date: 7/8/2025 Page 8 of 23

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STOP SALE ORDER

Reason: 581.217(7)(e), F.S.* Distribution/Retail Sale and Advertising/Marketing Comments:

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments: Print Date: 7/8/2025 Page 9 of 23

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments:

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments: Print Date: 7/8/2025 Page 10 of 23

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments:

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments: Print Date: 7/8/2025 Page 11 of 23

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments:

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments: Print Date: 7/8/2025 Page 12 of 23

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments:

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments: Print Date: 7/8/2025 Page 13 of 23

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments:

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments: Print Date: 7/8/2025 Page 14 of 23

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments:

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments: Print Date: 7/8/2025 Page 15 of 23

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments:

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments: Print Date: 7/8/2025 Page 16 of 23

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments:

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments: Print Date: 7/8/2025 Page 17 of 23

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments:

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments: Print Date: 7/8/2025 Page 18 of 23

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments:

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments: Print Date: 7/8/2025 Page 19 of 23

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments:

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Claims Comments: Print Date: 7/8/2025 Page 20 of 23

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Claims Comments:

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Container Requirements Comments: Print Date: 7/8/2025 Page 21 of 23

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STOP SALE ORDER

Reason: FS 500; FAC 5K-4 Violation of Florida Food Law.* Container Requirements Comments: Print Date: 7/8/2025 Page 22 of 23 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 Linda Herrera I, _____________________________________________________ the person in charge of HOLY 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. (Signature of FDACS Representative) (Signature of Representative) MICHELLE MADDOX, ENVIRONMENTAL SPECIALIST II LINDA HERRERA, PERSON IN CHARGE Print Name and Title FDACS-14325 Rev. 07/13 Print Date: 7/8/2025 Page 23 of 23

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— Focused Inspection· Focused Inspection

Inspector: SCOTT RAPRAGER

Comments: Focused Inspection - Sample Collection.

No violations or enforcement actions recorded for this inspection.

Holy Smoke and Vape Establishment # in Port Charlotte: Stop-Sale & Stop-Use Orders (42)

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 Holy Smoke and Vape Establishment #. 396414 in Port Charlotte
DateOrder TypeProductBrand/LotReason
STOP SALE ORDER Number of Packages: 500.10(1)(a), 581.217(3)(e), F.S., 893.03(1)(c)190.a., F.S.* Controlled Substance Comments: Print Date: 7/8/2025 Page 1…
STOP SALE ORDER Number of Packages: 500.10(1)(a), 581.217(3)(e), F.S., 893.03(1)(c)190.a., F.S.* Controlled Substance Comments:
STOP SALE ORDER Number of Packages: 500.10(1)(a), 581.217(3)(e), F.S., 893.03(1)(c)190.a., F.S.* Controlled Substance Comments: Print Date: 7/8/2025 Page 2…
STOP SALE ORDER Number of Packages: 500.10(1)(a), 581.217(3)(e), F.S., 893.03(1)(c)190.a., F.S.* Controlled Substance Comments:
STOP SALE ORDER Number of Packages: 500.10(1)(a), 581.217(3)(e), F.S., 893.03(1)(c)190.a., F.S.* Controlled Substance Comments: Print Date: 7/8/2025 Page 3…
STOP SALE ORDER Number of Packages: 500.10(1)(a), 581.217(3)(e), F.S., 893.03(1)(c)190.a., F.S.* Controlled Substance Comments:
STOP SALE ORDER Number of Packages: 500.10(1)(a), 581.217(3)(e), F.S., 893.03(1)(c)190.a., F.S.* Controlled Substance Comments: Print Date: 7/8/2025 Page 4…
STOP SALE ORDER Number of Packages: 500.10(1)(a), 581.217(3)(e), F.S., 893.03(1)(c)190.a., F.S.* Controlled Substance Comments:
STOP SALE ORDER Number of Packages: 581.217(7)(e), F.S.* Distribution/Retail Sale and Advertising/Marketing Comments: Print Date: 7/8/2025 Page 5 of 23
STOP SALE ORDER Number of Packages: 581.217(7)(e), F.S.* Distribution/Retail Sale and Advertising/Marketing Comments:
STOP SALE ORDER Number of Packages: 581.217(7)(e), F.S.* Distribution/Retail Sale and Advertising/Marketing Comments: Print Date: 7/8/2025 Page 6 of 23
STOP SALE ORDER Number of Packages: 581.217(7)(e), F.S.* Distribution/Retail Sale and Advertising/Marketing Comments:
STOP SALE ORDER Number of Packages: 581.217(7)(e), F.S.* Distribution/Retail Sale and Advertising/Marketing Comments: Print Date: 7/8/2025 Page 7 of 23
STOP SALE ORDER Number of Packages: 581.217(7)(e), F.S.* Distribution/Retail Sale and Advertising/Marketing Comments:
STOP SALE ORDER Number of Packages: 581.217(7)(e), F.S.* Distribution/Retail Sale and Advertising/Marketing Comments: Print Date: 7/8/2025 Page 8 of 23
STOP SALE ORDER Number of Packages: 581.217(7)(e), F.S.* Distribution/Retail Sale and Advertising/Marketing Comments:
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments: Print Date: 7/8/2025 Page 9 of 23
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments:
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments: Print Date: 7/8/2025 Page 10 of 23
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments:
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments: Print Date: 7/8/2025 Page 11 of 23
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments:
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments: Print Date: 7/8/2025 Page 12 of 23
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments:
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments: Print Date: 7/8/2025 Page 13 of 23
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments:
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments: Print Date: 7/8/2025 Page 14 of 23
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments:
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments: Print Date: 7/8/2025 Page 15 of 23
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments:
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments: Print Date: 7/8/2025 Page 16 of 23
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments:
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments: Print Date: 7/8/2025 Page 17 of 23
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments:
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments: Print Date: 7/8/2025 Page 18 of 23
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments:
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments: Print Date: 7/8/2025 Page 19 of 23
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Comments:
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Claims Comments: Print Date: 7/8/2025 Page 20 of 23
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Labeling Claims Comments:
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Container Requirements Comments: Print Date: 7/8/2025 Page 21 of 23
STOP SALE ORDER Number of Packages: FS 500; FAC 5K-4 Violation of Florida Food Law.* Container Requirements Comments: Print Date: 7/8/2025 Page 22 of 23 …

Holy Smoke and Vape Establishment # in Port Charlotte: Frequently Asked Questions

When was Holy Smoke and Vape Establishment # in Port Charlotte last inspected?
Holy Smoke and Vape Establishment #. 396414 in Port Charlotte was last inspected by the Florida Department of Agriculture and Consumer Services (FDACS) on September 17, 2025. Inspection type: Focused Inspection.
How many inspections has Holy Smoke and Vape Establishment # in Port Charlotte had?
Holy Smoke and Vape Establishment #. 396414 in Port Charlotte has 3 FDACS food safety inspection(s) on record from January 2022 to present.
What did the most recent FDACS inspection of Holy Smoke and Vape Establishment # in Port Charlotte find?
Holy Smoke and Vape Establishment #. 396414 in Port Charlotte was most recently inspected by FDACS on September 17, 2025 (Focused Inspection).
Has Holy Smoke and Vape Establishment # in Port Charlotte had any stop-sale or stop-use orders?
Yes, Holy Smoke and Vape Establishment #. 396414 in Port Charlotte has 42 stop-sale or stop-use enforcement action(s) on record with Florida FDACS.

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