The provisions of this article do not apply to any product that is specifically excepted
by, or regulated within, the Florida Comprehensive Drug Abuse Prevention and Control
Act (F.S. ch. 893) or the Federal Controlled Substances Act (21 USC-81 et seq.); is
a food product, drug, dietary supplement, cosmetic, or other substance regulated by
the Food and Drug Administration (FDA) and in compliance with that agency's requirements;
is regulated by and in compliance with the labeling requirements of the Federal Trade
Commission; is regulated by and in compliance with the Federal Fair Packaging and
Labeling Act; is regulated by and in compliance with the Federal Food, Drug, and Cosmetic
Act; is regulated by and in compliance with the regulations of the Florida Department
of Agriculture and Consumer Services; or is a tobacco product regulated by and in
compliance with the regulations governing the tobacco industry enforced by the Florida
Department of Business and Professional Regulation, Division of Alcoholic Beverages
and Tobacco. For the purposes of this section, products that are not subject to regulation
by the act or agencies listed above are not exempt unless the product is specifically
exempt from regulation; mere "non-regulation" by these acts without a specific regulatory
exemption will not render a product exempt under this section.
(Ord. No. 2013-033, § 1, 11-26-13)
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