1. (1) No person shall use the Identifiers adopted herein without meeting the requirements established in Rule 5H-17.005, F.A.C.

2. (2) Identifiers shall not be used on product packaging, promotional advertisements, websites, banners or business signage, that;

   1. (a) are profane, vulgar, racist, hateful or that meet the definition of obscene as set forth in Section 847.001(12), F.S.;
   2. (b) offer for sale or otherwise promote products without a lawful use in commerce;
   3. (c) offer for sale or otherwise promote products which are made from or contain as an ingredient any part of any plant of the genus Cannabis including, but not limited to hemp extract products, CBD products, THC products, loose hemp flower, and hemp pre-rolls;
   4. (d) offer for sale or otherwise promote products which are made from or contain as an ingredient any part of the plant Mitragyna speciosa or an extract, synthetic alkaloid, or synthetically derived compound of such plant;
   5. (e) offer for sale or otherwise promote products that are a dietary supplement; or
   6. (f) offer for sale or otherwise promote any food products which do not comply with Chapter 500, F.S., or rules adopted pursuant thereto.

3. (3) The department may forbid the use of Identifiers on or in connection with the sale of a product that would damage the “Fresh From Florida” brand integrity. In determining whether a product would damage brand integrity, the department will consider the following:

   1. (a) the use of unsubstantiated health claims in promoting the product;
   2. (b) the level of health risk associated with the product;
   3. (c) whether the sourcing of the product cannot be documented or verified.
4. (4) The Identifiers are eligible for use as gum labels attached to the product or product containers, printed on containers, incorporated in private product packaging, stamped directly on the products, printed on ribbons or bands attached, printed on shipping containers, displayed on business vehicles, websites, banners and signage at business locations or used on menus and in print/digital media or promotional materials and advertising.
5. (5) Reproduction of the Identifiers shall be made only from the artwork supplied by the department.
6. (6) Any Florida agricultural product which meets the criteria established in Rule 5H-17.003, F.A.C., is eligible for inclusion within the Campaign, subject to the limitations provided in this rule.
7. (7) All monies received by the department from the sale of media/promotional advertising materials that incorporate the Identifiers shall be deposited into the Florida Agricultural Promotional Campaign Trust Fund.
8. (8) Terminology that suggests endorsement by the department such as “endorsed,” “exclusive,” “certified,” and “preferred” may not be used while promoting affiliation with the “Fresh From Florida” brand.

9. (9) The purpose of the Campaign is to increase consumer awareness and expand the market for Florida’s agricultural products. Identifiers on product packaging must be prominently displayed in such a way as to actively promote the “Fresh From Florida” brand as part of the Campaign. In reviewing the placement of an Identifier on a product package the department will consider the following:

   1. (a) The size of the Identifier as compared to the rest of the package;
   2. (b) the use of color printing and surrounding colors to give prominence to the Identifier;
   3. (c) the extent to which the Identifier is distinguished from other images and information on the package;
   4. (d) the location of the Identifier and its visibility to consumers; and

   5. (e) the extent to which other images and information may affect how consumers perceive the Identifier and Campaign.

      Notwithstanding the above, a registrant who was lawfully using an Identifier on its product packaging in commerce at the time subsection (9) went into effect may continue to use the existing product packaging until registrant changes the design of its packaging or until December 31, 2027, whichever comes first. The use of the Identifier must comply with all other provisions of Chapter 5H-17, F.A.C.

10. (10) Proposed use of Identifiers on product packaging must be approved by the department prior to use to confirm compliance with Chapter 5H-17, F.A.C.

Rulemaking Authority 570.07(23), 571.24 FS. Law Implemented 571.24, 571.26 FS. History–New 6-22-92, Amended 2-8-17, 6-11-24, 4-13-26.