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       Florida Senate - 2010                                     SB 350
       By Senator Dean
       3-00291-10                                             2010350__
    1                        A bill to be entitled                      
    2         An act relating to agriculture; amending s. 500.03,
    3         F.S.; redefining the term “food establishment” to
    4         include tomato repackers for purposes of the Florida
    5         Food Safety Act; creating s. 500.70, F.S.; defining
    6         the terms “field packing,” “packing” or “repacking,”
    7         and “producing”; requiring that the Department of
    8         Agriculture and Consumer Services adopt minimum food
    9         safety standards for the producing, harvesting,
   10         packing, and repacking of tomatoes; authorizing the
   11         department to inspect tomato farms, greenhouses, and
   12         packinghouses or repackers for compliance with the
   13         standards and certain provisions of the Florida Food
   14         Safety Act; providing penalties; authorizing the
   15         department to publish guidance for the state’s tomato
   16         industry; providing a presumption that tomatoes
   17         introduced into commerce are safe for human
   18         consumption under certain circumstances; authorizing
   19         the department to adopt rules; amending s. 570.07,
   20         F.S.; authorizing the department to adopt best
   21         management practices for agricultural production and
   22         food safety; amending s. 570.48, F.S.; revising duties
   23         of the Division of Fruit and Vegetables for tomato
   24         food safety inspections to conform to changes made by
   25         the act; amending ss. 570.53 and 570.54, F.S.;
   26         revising duties of the Division of Marketing and
   27         Development and its director to conform to changes
   28         made by the act; providing an effective date.
   30  Be It Enacted by the Legislature of the State of Florida:
   32         Section 1. Paragraph (n) of subsection (1) of section
   33  500.03, Florida Statutes, is amended to read:
   34         500.03 Definitions; construction; applicability.—
   35         (1) For the purpose of this chapter, the term:
   36         (n) “Food establishment” means any factory, food outlet, or
   37  any other facility manufacturing, processing, packing, holding,
   38  or preparing food, or selling food at wholesale or retail. The
   39  term does not include any business or activity that is regulated
   40  under chapter 509 or chapter 601. The term includes tomato
   41  packinghouses and repackers but does not include any other
   42  establishments that pack fruits and vegetables in their raw or
   43  natural states, including those fruits or vegetables that are
   44  washed, colored, or otherwise treated in their unpeeled, natural
   45  form before they are marketed.
   46         Section 2. Section 500.70, Florida Statutes, is created to
   47  read:
   48         500.70Tomato food safety standards; inspections;
   49  penalties; tomato good agricultural practices; tomato best
   50  management practices.—
   51         (1)As used in this section, the term:
   52         (a)“Field packing” means the packing of tomatoes on a
   53  tomato farm or in a tomato greenhouse into containers for sale
   54  for human consumption without transporting the tomatoes to a
   55  packinghouse.
   56         (b)“Packing” or “repacking” means the packing of tomatoes
   57  into containers for sale for human consumption. The term
   58  includes the sorting or separating of tomatoes into grades and
   59  sizes. The term also includes field packing.
   60         (c)“Producing” means the planting, growing, or cultivating
   61  of tomatoes on a tomato farm or in a tomato greenhouse for sale
   62  for human consumption.
   63         (2)The department may adopt rules establishing food safety
   64  standards to safeguard the public health and promote the public
   65  welfare by protecting the consuming public from injury caused by
   66  the adulteration or the microbiological, chemical, or
   67  radiological contamination of tomatoes. The rules must be based
   68  on federal requirements, available scientific research,
   69  generally accepted industry practices, and recommendations of
   70  food safety professionals. The rules shall apply to the
   71  producing, harvesting, packing, and repacking of tomatoes for
   72  sale for human consumption by a tomato farm, tomato greenhouse,
   73  or tomato packinghouse or repacker in this state. The rules may
   74  include, but are not limited to, standards for:
   75         (a)Registration with the department of a person who
   76  produces, harvests, packs, or repacks tomatoes in this state and
   77  does not hold a food permit issued under s. 500.12.
   78         (b)Proximity of domestic animals and livestock to the
   79  production areas for tomatoes.
   80         (c)Food-safety-related use of water for irrigation during
   81  production and washing of tomatoes after harvest.
   82         (d)Use of fertilizers.
   83         (e)Cleaning and sanitation of containers, materials,
   84  equipment, vehicles, and facilities, including storage and
   85  ripening areas.
   86         (f)Health, hygiene, and sanitation of employees who handle
   87  tomatoes.
   88         (g)Training and continuing education for a person who
   89  produces, harvests, packs, or repacks tomatoes in this state,
   90  and employees who handle tomatoes.
   91         (h)Labeling and recordkeeping, including standards for
   92  identifying and tracking the location of tomatoes for sale for
   93  human consumption.
   94         (3)(a)The department may inspect tomato farms, tomato
   95  greenhouses, tomato packinghouses, repacking locations, or any
   96  vehicle being used to transport or hold tomatoes to ensure
   97  compliance with the applicable provisions of this chapter and
   98  the rules adopted under this chapter.
   99         (b)The department may impose an administrative fine not to
  100  exceed $5,000 per violation, or issue a written notice or
  101  warning under s. 500.179, against a person who violates any
  102  applicable provision of this section or any rule adopted under
  103  this section.
  104         (4)(a)The department may adopt rules establishing good
  105  agricultural practices and best management practices for the
  106  state’s tomato industry based on applicable federal
  107  requirements, available scientific research, generally accepted
  108  industry practices, and recommendations of food safety
  109  professionals.
  110         (b)A person who documents compliance with the department’s
  111  rules, good agricultural practices, and best management
  112  practices for the tomato industry is presumed to introduce
  113  tomatoes into the stream of commerce which are safe for human
  114  consumption, unless the department identifies noncompliance
  115  through inspections.
  116         (5)The department may adopt rules pursuant to ss.
  117  120.536(1) and 120.54 to administer this section.
  118         Section 3. Subsection (10) of section 570.07, Florida
  119  Statutes, is amended to read:
  120         570.07 Department of Agriculture and Consumer Services;
  121  functions, powers, and duties.—The department shall have and
  122  exercise the following functions, powers, and duties:
  123         (10) To act as adviser to producers and distributors, when
  124  requested, and to assist them in the economical and efficient
  125  distribution of their agricultural products, and to encourage
  126  cooperative effort among producers to gain economical and
  127  efficient production of agricultural products, and to adopt
  128  rules pursuant to ss. 120.536(1) and 120.54 establishing
  129  comprehensive best management practices for agricultural
  130  production and food safety.
  131         Section 4. Paragraph (e) of subsection (2) of section
  132  570.48, Florida Statutes, is amended to read:
  133         570.48 Division of Fruit and Vegetables; powers and duties;
  134  records.—The duties of the Division of Fruit and Vegetables
  135  include, but are not limited to:
  136         (2)
  137         (e) Performing tomato food safety inspections under s.
  138  500.70 on tomato farms, in tomato greenhouses, and in tomato
  139  packinghouses and repackers.
  140         Section 5. Paragraph (e) of subsection (6) of section
  141  570.53, Florida Statutes, is amended to read:
  142         570.53 Division of Marketing and Development; powers and
  143  duties.—The powers and duties of the Division of Marketing and
  144  Development include, but are not limited to:
  145         (6)
  146         (e) Extending in every practicable way the distribution and
  147  sale of Florida agricultural products throughout the markets of
  148  the world as required of the department by ss. 500.70,
  149  570.07(7), (8), (10), and (11), and 570.071 and chapters 571,
  150  573, and 574.
  151         Section 6. Subsection (2) of section 570.54, Florida
  152  Statutes, is amended to read:
  153         570.54 Director; duties.—
  154         (2) It shall be the duty of the director of this division
  155  to supervise, direct, and coordinate the activities authorized
  156  by ss. 500.70, 570.07(4), (7), (8), (10), (11), (12), (17),
  157  (18), and (20), 570.071, 570.21, 534.47-534.53, and 604.15
  158  604.34 and chapters 504, 571, 573, and 574 and to exercise other
  159  powers and authority as authorized by the department.
  160         Section 7. This act shall take effect July 1, 2010.

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