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       Florida Senate - 2010                              CS for SB 350
       By the Committee on Agriculture; and Senator Dean
       575-01245-10                                           2010350c1
    1                        A bill to be entitled                      
    2         An act relating to tomato food safety; amending s.
    3         500.03, F.S.; revising the term “food establishment”
    4         to include tomato repackers for purposes of the
    5         Florida Food Safety Act; creating s. 500.70, F.S.;
    6         defining terms; requiring minimum food safety
    7         standards for producing, harvesting, packing, and
    8         repacking tomatoes; authorizing the Department of
    9         Agriculture and Consumer Services to inspect tomato
   10         farms, greenhouses, and packinghouses or repackers;
   11         providing penalties; authorizing the department to
   12         establish good agricultural practices and best
   13         management practices for the tomato industry by rule;
   14         providing a presumption that tomatoes introduced into
   15         commerce are safe for human consumption under certain
   16         circumstances; providing exemptions; authorizing the
   17         department to adopt rules; amending s. 570.07, F.S.;
   18         authorizing the department to adopt best management
   19         practices for agricultural production and food safety;
   20         amending s. 570.48, F.S.; revising duties of the
   21         Division of Fruit and Vegetables for tomato food
   22         safety inspections; providing an effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Paragraph (n) of subsection (1) of section
   27  500.03, Florida Statutes, is amended to read:
   28         500.03 Definitions; construction; applicability.—
   29         (1) For the purpose of this chapter, the term:
   30         (n) “Food establishment” means any factory, food outlet, or
   31  any other facility manufacturing, processing, packing, holding,
   32  or preparing food, or selling food at wholesale or retail. The
   33  term does not include any business or activity that is regulated
   34  under chapter 509 or chapter 601. The term includes tomato
   35  packinghouses and repackers but does not include any other
   36  establishments that pack fruits and vegetables in their raw or
   37  natural states, including those fruits or vegetables that are
   38  washed, colored, or otherwise treated in their unpeeled, natural
   39  form before they are marketed.
   40         Section 2. Section 500.70, Florida Statutes, is created to
   41  read:
   42         500.70 Tomato food safety standards; inspections;
   43  penalties; tomato good agricultural practices; tomato best
   44  management practices.—
   45         (1) As used in this section, the term:
   46         (a) “Field packing” means the packing of tomatoes on a
   47  tomato farm or in a tomato greenhouse into containers for sale
   48  for human consumption without transporting the tomatoes to a
   49  packinghouse.
   50         (b) “Packing” or “repacking” means the packing of tomatoes
   51  into containers for sale for human consumption. The term
   52  includes the sorting or separating of tomatoes into grades and
   53  sizes. The term also includes field packing.
   54         (c) “Producing” means the planting, growing, or cultivating
   55  of tomatoes on a tomato farm or in a tomato greenhouse for sale
   56  for human consumption.
   57         (2) The department may adopt rules establishing food safety
   58  standards to safeguard the public health and promote the public
   59  welfare by protecting the consuming public from injury caused by
   60  the adulteration or the microbiological, chemical, or
   61  radiological contamination of tomatoes. The rules must be based
   62  on federal requirements, available scientific research,
   63  generally accepted industry practices, or recommendations of
   64  food safety professionals. The rules shall apply to the
   65  producing, harvesting, packing, and repacking of tomatoes for
   66  sale for human consumption by a tomato farm, tomato greenhouse,
   67  or tomato packinghouse or repacker in this state. The rules may
   68  include, but are not limited to, standards for:
   69         (a) Registration with the department of a person who
   70  produces, harvests, packs, or repacks tomatoes in this state who
   71  does not hold a food permit issued under s. 500.12.
   72         (b) Proximity of domestic animals and livestock to the
   73  production areas for tomatoes.
   74         (c) Food safety related use of water for irrigation during
   75  production and washing of tomatoes after harvest.
   76         (d) Use of fertilizers.
   77         (e) Cleaning and sanitation of containers, materials,
   78  equipment, vehicles, and facilities, including storage and
   79  ripening areas.
   80         (f) Health, hygiene, and sanitation of employees who handle
   81  tomatoes.
   82         (g) Training and continuing education of a person who
   83  produces, harvests, packs, or repacks tomatoes in this state,
   84  and the person’s employees who handle tomatoes.
   85         (h) Labeling and recordkeeping, including standards for
   86  identifying and tracing tomatoes for sale for human consumption.
   87         (3)(a) The department may inspect tomato farms, tomato
   88  greenhouses, tomato packinghouses, repacking locations, or any
   89  vehicle being used to transport or hold tomatoes to ensure
   90  compliance with the applicable provisions of this chapter and
   91  the rules adopted under this chapter.
   92         (b) The department may impose an administrative fine not to
   93  exceed $5,000 per violation, or issue a written notice or
   94  warning under s. 500.179, against a person who violates any
   95  applicable provision of this section or any rule adopted under
   96  this section.
   97         (4)(a) The department may adopt rules establishing tomato
   98  good agricultural practices and tomato best management practices
   99  for the state’s tomato industry based on applicable federal
  100  requirements, available scientific research, generally accepted
  101  industry practices, or recommendations of food safety
  102  professionals.
  103         (b) A person who documents compliance with the department’s
  104  rules, tomato good agricultural practices, and tomato best
  105  management practices is presumed to introduce tomatoes into the
  106  stream of commerce that are safe for human consumption, unless
  107  the department identifies noncompliance through inspections.
  108         (5) Subsections (2) and (4) do not apply to tomatoes sold
  109  by the grower on the premises at which the tomatoes are grown or
  110  at a local farmers’ market, if the quantity of tomatoes sold
  111  does not exceed two 25-pound boxes per customer.
  112         (6) The department may adopt rules pursuant to ss.
  113  120.536(1) and 120.54 to administer this section.
  114         Section 3. Subsection (10) of section 570.07, Florida
  115  Statutes, is amended to read:
  116         570.07 Department of Agriculture and Consumer Services;
  117  functions, powers, and duties.—The department shall have and
  118  exercise the following functions, powers, and duties:
  119         (10) To act as adviser to producers and distributors, when
  120  requested, and to assist them in the economical and efficient
  121  distribution of their agricultural products, and to encourage
  122  cooperative effort among producers to gain economical and
  123  efficient production of agricultural products, and to adopt
  124  rules establishing comprehensive best management practices for
  125  agricultural production and food safety.
  126         Section 4. Paragraph (e) of subsection (2) of section
  127  570.48, Florida Statutes, is amended to read:
  128         570.48 Division of Fruit and Vegetables; powers and duties;
  129  records.—The duties of the Division of Fruit and Vegetables
  130  include, but are not limited to:
  131         (2)
  132         (e) Performing tomato food safety inspections under s.
  133  500.70 on tomato farms, in tomato greenhouses, and in tomato
  134  packinghouses and repackers.
  135         Section 5. This act shall take effect July 1, 2010.

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