November 27, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
       Florida Senate - 2010                                    SB 1900
       
       
       
       By Senator Baker
       
       
       
       
       20-00410D-10                                          20101900__
    1                        A bill to be entitled                      
    2         An act relating to agriculture; creating the “Florida
    3         Food Freedom Act”; providing definitions; providing a
    4         purpose for the act; exempting certain food producers
    5         selling or delivering directly to the consumer from
    6         licensing requirements; prohibiting state and local
    7         governmental agencies from requiring licensure,
    8         certification, or inspection of such producers under
    9         certain circumstances; amending s. 500.12, F.S.;
   10         providing that certain persons selling directly to the
   11         consumer are exempt from food permit requirements;
   12         requiring persons selling directly to the consumer to
   13         be trained and certified; amending s. 583.01, F.S.;
   14         redefining the term “dealer” with regard to the sale
   15         of eggs and poultry; providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Florida Food Freedom Act.—
   20         (1) SHORT TITLE.—This section may be cited as the “Florida
   21  Food Freedom Act.
   22         (2) DEFINITIONS.—As used in this section, the term:
   23         (a) “Agent” means a person who conducts commerce on behalf
   24  of a producer.
   25         (b) “Agritourism activityhas the same meaning as defined
   26  in s. 570.961, Florida Statutes. The term also means a style of
   27  vacation that normally takes place on a farm or ranch and
   28  includes any farm or ranch that is open to the public at least
   29  part of the year. The term also includes the opportunity to
   30  participate in agricultural tasks, including, but not limited
   31  to, harvesting fruits and vegetables, riding horses, tasting
   32  honey, learning about wine, and shopping in farm or ranch gift
   33  shops and farm stands for local and regional agricultural
   34  produce or hand-crafted gifts.
   35         (c) “End consumer” means a person who is the last person to
   36  purchase any product or preparation and who does not resell the
   37  product or preparation.
   38         (d) “Home consumption” means consumed within a private
   39  home.
   40         (e) “Producer” means any person who grows any plant or
   41  animal for food or drink.
   42         (f) “Transaction” means the exchange of buying and selling.
   43         (3) PURPOSE; LICENSURE EXEMPTION.—
   44         (a) The purpose of this section is to encourage the
   45  expansion and accessibility of farmers’ markets, roadside
   46  stands, ranch- and farm-based sales, and agricultural sales by:
   47         1. Promoting the purchase and consumption of fresh and
   48  local agricultural products;
   49         2. Enhancing the agricultural economy;
   50         3. Encouraging agritourism activities in this state;
   51         4. Providing this state’s residents with unimpeded access
   52  to healthful food from known sources; and
   53         5. Encouraging the expansion and accessibility of farmers’
   54  markets, roadside stands, ranch- and farm-based sales, and
   55  direct agricultural sales from the producer to the end consumer.
   56         (b) Any producer who:
   57         1. Sells his or her product at farmers’ markets or at
   58  roadside stands;
   59         2. Sells his or her product through ranch- and farm-based
   60  sales directly to the end consumer; or
   61         3.Delivers his or her product directly to the end
   62  consumer,
   63  
   64  is exempt from permit requirements of s. 500.12, Florida
   65  Statutes.
   66         (c) Notwithstanding any other provision of law, a state
   67  agency or an agency of any political subdivision of the state
   68  may not require any licensure, certification, or inspection if
   69  there is only one transaction between the producer or the
   70  producer’s agent and the end consumer when the food is for home
   71  consumption.
   72         Section 2. Paragraph (a) of subsection (1) of section
   73  500.12, Florida Statutes, is amended to read:
   74         500.12 Food permits; building permits.—
   75         (1)(a) A food permit from the department is required of any
   76  person who operates a food establishment or retail food store,
   77  except:
   78         1. Persons operating minor food outlets, including, but not
   79  limited to, video stores, which that sell commercially
   80  prepackaged, nonpotentially hazardous candy, chewing gum, soda,
   81  or popcorn, provided the shelf space for those items does not
   82  exceed 12 linear feet and no other food is sold by the minor
   83  food outlet.
   84         2. Persons subject to continuous, onsite federal or state
   85  inspection.
   86         3. Persons selling only legumes in the shell, either
   87  parched, roasted, or boiled.
   88         4. Persons selling food directly to the end consumer at
   89  farmers markets, roadside stands, or from a ranch or farm which
   90  has been grown, washed, prepared, or packaged sugar cane or
   91  sorghum syrup that has been boiled and bottled on a premise
   92  located within the state. The packaging Such bottles must
   93  contain a label listing the producer’s name and street address,
   94  all added ingredients, the net weight or volume of product, and
   95  a statement that reads “This product has not been produced in a
   96  facility permitted by the Florida Department of Agriculture and
   97  Consumer Services.” To ensure food safety protection standards,
   98  each person who sells food directly to the end consumer and who
   99  is responsible for the storage, preparation, display, or serving
  100  of foods to the end consumer shall be trained and certified
  101  consistent with the conference standards for Accreditation of
  102  Food Protection Manager Certification Programs adopted by the
  103  Conference for Food Protection.
  104         Section 3. Subsection (4) of section 583.01, Florida
  105  Statutes, is amended to read:
  106         583.01 Definitions.—For the purpose of this chapter, unless
  107  elsewhere indicated, the term:
  108         (4) “Dealer” means any person, firm, or corporation,
  109  including a producer, processor, retailer, or wholesaler, which
  110  that sells, offers for sale, or holds for the purpose of sale in
  111  this state:
  112         (a) The eggs of a flock of more than 3,000 birds; or
  113         (b)More than 20,000 head of dressed poultry that is
  114  produced or processed per calendar year 30 dozen or more eggs or
  115  its equivalent in any one week, or in excess of 100 pounds of
  116  dressed poultry in any one week.
  117         Section 4. This act shall take effect July 1, 2010.

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader