Chapter 500 — Chapter 500
38 sections in this chapter.
Fla. Stat. § 500.01 Florida Food Safety Act; short title
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This chapter may be cited as the “Florida Food Safety Act.”
Fla. Stat. § 500.02 Purpose of chapter
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This chapter is intended to:(1) Safeguard the public health and promote the public welfare by protecting the consuming public from injury by product use and the purchasing public from injury by merchandising deceit, flowing from intrastate commerce in food;(2) Provide legislation…
Fla. Stat. § 500.03 Definitions; construction; applicability
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(1) For the purpose of this chapter, the term:(a) “Advertisement” means any representation disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase of food.(b) “Approved lab…
Fla. Stat. § 500.032 Declaration of policy and cooperation among departments
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(1) The department shall administer and enforce this chapter in order to prevent fraud, harm, adulteration, misbranding, or false advertising in the preparation, manufacture, storage, or sale of articles of food. The department shall further enforce the provisions of this chapter…
Fla. Stat. § 500.033 Florida Food Safety and Food Defense Advisory Council
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(1) There is created the Florida Food Safety and Food Defense Advisory Council for the purpose of serving as a forum for presenting, investigating, and evaluating issues of current importance to the assurance of a safe and secure food supply to the citizens of Florida. The Florid…
Fla. Stat. § 500.04 Prohibited acts
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The following acts and the causing thereof within the state are prohibited:(1) The manufacture, sale or delivery, holding or offering for sale of any food that is adulterated or misbranded.(2) The adulteration or misbranding of any food.(3) The receipt in commerce of any food tha…
Fla. Stat. § 500.09 Rulemaking; analytical work
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(1) When in the judgment of the department such action will promote safety, honesty, and fair dealing in the interest of consumers, the department shall adopt rules for:(a) Providing food safety information, or requiring that food safety information be provided, to notify consume…
Fla. Stat. § 500.10 Food deemed adulterated
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A food is deemed to be adulterated:(1)(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of…
Fla. Stat. § 500.11 Food deemed misbranded
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(1) A food is deemed to be misbranded:(a) If its labeling is false or misleading in any particular; however, corn meal shall not be considered misbranded because of its being labeled “Water Ground,” where such corn meal so labeled has been ground on rocks having a diameter of not…
Fla. Stat. § 500.115 Advertisement of food deemed false
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An advertisement of a food is deemed to be false if it is false or misleading in any particular.
Fla. Stat. § 500.12 Food permits; building permits
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(1)(a) A food permit from the department is required of any person who operates a food establishment, except:1. Persons operating minor food outlets that sell food that is commercially prepackaged, not potentially hazardous, and not time or temperature controlled for safety, if t…
Fla. Stat. § 500.121 Disciplinary procedures
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(1) In addition to the suspension procedures provided in s. 500.12, if applicable, the department may impose an administrative fine in the Class II category pursuant to s. 570.971 against any food establishment or cottage food operation that violates this chapter, which fine, whe…
Fla. Stat. § 500.13 Addition of poisonous or deleterious substance to food
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(1) Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity, or any color additive, shall, with respect to any particular use or intended use, be deemed unsafe for the purpose of application of s. 500.10(1)(b) …
Fla. Stat. § 500.147 Inspection of food establishments, food records, and vehicles
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(1) The department or its duly authorized agent shall have free access at all reasonable hours to any food establishment, any food records, or any vehicle being used to transport or hold food in commerce for the purpose of inspecting such establishment, records, or vehicle to det…
Fla. Stat. § 500.148 Reports and dissemination of information; confidentiality
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(1)(a) Information that is deemed confidential under 21 C.F.R. s. 20.61, s. 20.62, or s. 20.88, or 5 U.S.C. s. 552(b), and that is provided to the department during a joint investigation concerning food safety or food-borne illness, as a requirement for conducting a federal-state…
Fla. Stat. § 500.149 Employment of help; expenses and salaries
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The department may employ all help necessary to carry out and enforce the provisions of this chapter relating to foods and may designate any employee of the department to perform any duties necessary to carry out such provisions. All expenses and salaries shall be paid out of the…
Fla. Stat. § 500.165 Transporting shipments of food items; rules; penalty
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(1) It is unlawful for a carrier to transport food items in a vehicle or rail car that has been or is being used to transport solid waste, hazardous substances, hazardous wastes, biohazardous wastes, or any substance that may pose a threat to human health.(2) The department may b…
Fla. Stat. § 500.166 Records of interstate shipment
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For the purpose of enforcing this chapter, carriers engaged in interstate commerce and persons receiving food in interstate commerce shall, upon the request by an officer or employee duly designated by the department, permit the officer or employee to have access to and to copy a…
Fla. Stat. § 500.167 Carriers in interstate commerce; exception
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Carriers engaged in interstate commerce are exempt from the provisions of this chapter, except ss. 500.165 and 500.166.
Fla. Stat. § 500.169 Enforcement of federal act
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The department may exercise the enforcement powers granted by, and subject to the limitations of, 21 U.S.C. s. 337(b).
Fla. Stat. § 500.171 Injunction to restrain violation
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In addition to the remedies provided in this chapter and notwithstanding the existence of any adequate remedy at law, the department may bring an action to enjoin the violation or threatened violation of any provision of this chapter, or rule adopted under this chapter, in the ci…
Fla. Stat. § 500.172 Embargoing, detaining, destroying of food, food processing equipment, or areas that are in violation
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(1) When the department, or its duly authorized agent who has received appropriate education and training regarding the legal requirements of this chapter, finds or has probable cause to believe that any food, food processing equipment, food processing area, or food storage area …
Fla. Stat. § 500.173 Causes for seizure and condemnation of foods
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Any article of food that is adulterated or misbranded under the provisions of this chapter is subject to seizure and condemnation by the department or by its duly authorized agents designated for that purpose in regard to foods.
Fla. Stat. § 500.174 Seizure; procedure; prohibition on sale or disposal of article; penalty
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(1) Whenever the department or its duly authorized agent finds cause, or has probable cause to believe that a ground exists for the seizure of any food as set out in this chapter, an agent of the department shall affix to the article a tag, stamp, or other appropriate marking, gi…
Fla. Stat. § 500.175 Condemnation and sale; release of seized article
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(1) When any article detained or seized under s. 500.174 has been found by the department to be subject to seizure and condemnation under s. 500.174, the department may petition a court for an order of condemnation or sale, as the court may direct. The proceeds of the sale of foo…
Fla. Stat. § 500.177 Penalty for violation of s. 500.04; dissemination of false advertisement
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(1) Any person who violates any provision of s. 500.04 is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; but, if the violation is committed after a conviction of such person under this section has become final, such person is gui…
Fla. Stat. § 500.178 Duty of state attorney
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Each state attorney to whom the department or its designated agent reports any violation of this chapter shall cause an appropriate proceeding to be instituted in the proper court without delay and to be prosecuted in the manner required by law.
Fla. Stat. § 500.179 Issuance of warnings for minor violations
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Nothing in this chapter shall be construed as requiring the department to report, for the institution of proceedings under this chapter, minor violations of this chapter when it believes that the public interest will be adequately served in the circumstances by a suitable written…
Fla. Stat. § 500.451 Horse meat; offenses
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(1) It is unlawful for any person to:(a) Sell in the markets of this state horse meat for human consumption unless the horse meat is clearly stamped, marked, and described as horse meat for human consumption.(b) Knowingly transport, distribute, sell, purchase, or possess horse me…
Fla. Stat. § 500.452 Cultivated meat; prohibition; penalties
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(1) It is unlawful for any person to manufacture for sale, sell, hold or offer for sale, or distribute cultivated meat in this state.(2) A person who knowingly violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.(3)…
Fla. Stat. § 500.459 Water vending machines
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(1) LEGISLATIVE INTENT.—It is the intent of the Legislature to protect the public health through licensing and establishing standards for water vending machines to ensure that consumers obtaining water through such means are given appropriate information as to the nature of such …
Fla. Stat. § 500.511 Fees; enforcement; preemption
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(1) FEES.—All fees collected under s. 500.459 shall be deposited into the General Inspection Trust Fund and shall be accounted for separately and used for the sole purpose of administering the provisions of such section.(2) ENFORCEMENT AND PENALTIES.—In addition to the provisions…
Fla. Stat. § 500.60 Regulation of meat preempted to state
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Notwithstanding any other law or local ordinance to the contrary and to ensure uniform health and safety standards, the regulation, identification, and packaging of meat, poultry, and fish is preempted to the state and the Department of Agriculture and Consumer Services.
Fla. Stat. § 500.70 Tomato food safety standards; inspections; penalties; tomato good agricultural practices; tomato best management practices
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(1) As used in this section, the term:(a) “Field packing” means the packing of tomatoes on a tomato farm or in a tomato greenhouse into containers for sale for human consumption without transporting the tomatoes to a packinghouse.(b) “Packing” or “repacking” means the packing of …
Fla. Stat. § 500.80 Cottage food operations
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(1)(a) A cottage food operation must comply with the applicable requirements of this chapter but is exempt from the permitting requirements of s. 500.12 if the cottage food operation complies with this section and has annual gross sales of cottage food products that do not exceed…
Fla. Stat. § 500.81 Healthy Food Financing Initiative
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(1) As used in this section, the term:(a) “Community facility” means a property owned by a nonprofit or for-profit entity in which health and human services are provided and space is offered in a manner that provides increased access to, or delivery or distribution of, food or ot…
Fla. Stat. § 500.90 Regulation of polystyrene products preempted to department
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The regulation of the use or sale of polystyrene products by entities regulated under this chapter is preempted to the department. This preemption does not apply to local ordinances or provisions thereof enacted before January 1, 2016, and does not limit the authority of a local …
Fla. Stat. § 500.92 Florida Kratom Consumer Protection Act
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(1) This section may be cited as the “Florida Kratom Consumer Protection Act.”(2) As used in this section, the term “kratom product” means a food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption which contains any part o…