Fla. Stat. § 500.01
Florida Food Safety Act; short title
This chapter may be cited as the “Florida Food Safety Act.”
Florida Statutes Chapter 500 — FOOD PRODUCTS
Florida · statute · Fla. Stat. ch. 500 · 40 active provisions
Fla. Stat. § 500.02
Purpose of chapter
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 which shall be uniform, as provided in…
Fla. Stat. § 500.03
Definitions; construction; applicability
(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 laboratory” or “certified laboratory” means…
Fla. Stat. § 500.032
Declaration of policy and cooperation among departments
(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 relating to the production, manufacture…
Fla. Stat. § 500.033
Florida Food Safety and Food Defense Advisory Council
(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 Florida Food Safety and Food Defense Advisory…
Fla. Stat. § 500.04
Prohibited acts
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 that is adulterated or misbranded, and the…
Fla. Stat. § 500.09
Rulemaking; analytical work
(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 consumers of potential health and safety concer…
Fla. Stat. § 500.10
Food deemed adulterated
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 such substance in such food does not or…
Fla. Stat. § 500.11
Food deemed misbranded
(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 less than 42 inches and which revolve d…
Fla. Stat. § 500.115
Advertisement of food deemed false
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
(1)(a) A food permit from the department is required of any person or business that operates a food establishment, except:1. Persons or businesses operating minor food outlets that sell food that is commercially prepackaged, not potentially hazardous, not age restricted, and not time or temperature controlled for safet…
Fla. Stat. § 500.121
Disciplinary procedures
(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, when imposed and paid, must be deposited by…
Fla. Stat. § 500.13
Addition of poisonous or deleterious substance to food
(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) with respect to any food, unless there i…
Fla. Stat. § 500.147
Inspection of food establishments, food records, and vehicles
(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 determine whether this chapter or any rule…
Fla. Stat. § 500.148
Reports and dissemination of information; confidentiality
(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 contract or partnership activity, or fo…
Fla. Stat. § 500.149
Employment of help; expenses and salaries
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 General Inspection Trust Fund.
Fla. Stat. § 500.165
Transporting shipments of food items; rules; penalty
(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 by rule set standards for decontamination…
Fla. Stat. § 500.166
Records of interstate shipment
For the purpose of enforcing this chapter, carriers engaged in interstate commerce and persons receiving food in interstate commerce shall retain all records for 3 years from the date of the record showing the movement in interstate commerce of any food, and the quantity, shipper and consignee thereof and, upon the req…
Fla. Stat. § 500.167
Carriers in interstate commerce; exception
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
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
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 circuit court of the county in which the v…
Fla. Stat. § 500.172
Embargoing, detaining, destroying of food, food processing equipment, or areas that are in violation
(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 is in violation of this chapter or any r…
Fla. Stat. § 500.173
Causes for seizure and condemnation of foods
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
(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, giving notice that the article is, or is s…
Fla. Stat. § 500.175
Condemnation and sale; release of seized article
(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 food used for human consumption, less the l…
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