Section 502.014, Florida Statutes 2004
502.014 Powers and duties.--
(1) The department shall administer and enforce all regulatory laws currently in effect governing:
(a) The production, processing, and distribution of milk and milk products.
(b) The sanitation and sanitary practices of establishments where food and drink, including milk and milk products, are sold for consumption on the premises, except food service establishments regulated under chapters 381 and 509.
(c) The sanitary and healthful condition of the food and drink sold or offered for sale by establishments under the department's jurisdiction pursuant to paragraph (b).
(d) The laboratory work of testing and analyzing milk and milk products.
(2)(a) The department shall conduct onsite inspections of dairy farms and milk plants, and collect test samples of milk and milk products, as required by this chapter.
(b) The department shall designate employees who shall be certified by the United States Food and Drug Administration as state milk sanitation rating officers, sampling surveillance officers, and laboratory evaluation officers in accordance with the requirements published in "Methods of Making Sanitation Ratings of Milk Supplies," "Evaluation of Milk Laboratories," and "Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program for Certification of Interstate Milk Shippers," respectively, as adopted by department rule. These officers shall conduct routine sanitation compliance survey ratings of milk producers, milk plants, laboratories, receiving stations, transfer stations, and manufacturers of single-service containers for milk and milk products. These ratings shall be made in accordance with the recommendations of the United States Food and Drug Administration published in Standard Methods for the Examination of Dairy Products.
(3) The department shall manage a program to issue permits to persons who test milk or milk products for milkfat content by weight, volume, chemical, electronic, or other means when the result of such test is used as a basis for payment for the milk or milk products.
(4) The department shall define by rule "cottage cheese," "dry-curd cottage cheese," and "lowfat cottage cheese." The department shall periodically update these definitions to maintain conformity with the federal definitions.
(5)(a) The department shall adopt criteria for issuance of a state temporary marketing permit for milk and milk products that do not conform to existing standards and definitions.
(b) The department shall establish a fee, not to exceed $100, for the issuance of a state temporary marketing permit or the use of a federal permit in the state. The fee shall cover all costs of issuing the state permit or processing the federal permit.
(6) The department may impound any reconstituted or recombined milk or any adulterated or misbranded milk or milk product to prevent its use for human consumption, and may dispose of it in a manner that does not create a nuisance.
(7) The department has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement and enforce the provisions of this chapter. In adopting these rules, the department shall be guided by and may conform to the definitions and standards of the administrative procedures and provisions of the pasteurized milk ordinance. The rules shall include, but are not limited to:
(a) Standards for milk and milk products.
(b) Provisions for the production, transportation, processing, handling, sampling, examination, grading, labeling, and sale of all milk and milk products and imitation and substitute milk and milk products sold for public consumption in this state.
(c) Provisions for the inspection of dairy herds, dairy farms, and milk plants.
(d) Provisions for the issuance and revocation of permits issued by the department pursuant to this chapter.
(8) The department shall not conduct routine tests or inspections on raw milk that is shipped from outside the state. Nothing in this subsection shall be construed to limit the authority of the department to review industry records or sample milk at any stage of production, processing, or distribution in cases of suspected hazard to public health.
History.--s. 3, ch. 94-92; s. 174, ch. 98-200; s. 13, ch. 2001-279.