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The Florida Senate

2011 Florida Statutes

Title XXXV AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY
Chapter 580 COMMERCIAL FEED AND FEEDSTUFF Entire Chapter
SECTION 131
Penalty payable to consumer.
F.S. 580.131
580.131 Penalty payable to consumer.—Any consumer who purchases without notice a commercial feed or feedstuff that has been distributed in violation of this chapter shall in any legal action that may be instituted recover penalties as follows:
(1) If a certified laboratory analysis shows that any feed bearing a guarantee of 20 percent protein, or less, falls more than 1 percent protein below the guarantee, or if the analysis shows that any feed bearing a guarantee of more than 20 percent protein falls more than 2 percent protein below the guarantee, $4 per ton for each percent protein deficiency shall be assessed against the manufacturer or distributor.
(2) If a certified laboratory analysis shows that any feed is deficient in fat by more than five-tenths percent fat, $4 per ton for each percent fat deficiency shall be assessed against the manufacturer or distributor.
(3) If a certified laboratory analysis shows that any feed bearing a maximum guarantee of not more than 20 percent fiber exceeds this guarantee by more than 1 percent fiber, or if the analysis shows that any feed bearing a maximum guarantee of more than 20 percent fiber exceeds this guarantee by more than 2 percent fiber, $4 per ton for each percent fiber excess shall be assessed against the manufacturer or distributor.
(4) If a certified laboratory analysis shows that any commercial feed is deficient or excessive in the required drug, mineral, or nutritive guarantees other than protein, fat, or fiber, a penalty of $4 per ton shall be assessed against the manufacturer or distributor for each deficiency or excessive level found.
(5) If a certified laboratory analysis shows that any commercial feed or feedstuff is found to be adulterated as provided in s. 580.071, a penalty of $4 per ton shall be assessed against the manufacturer or distributor for each violation found.
(6) If any feed is found by the department to be short in weight, 4 times the invoice value of the actual shortage shall be assessed against the manufacturer or distributor, but in no instance shall the penalty be less than $25. The department by rule may establish variations for short weight.
(7) In no case shall any penalty as specified in this section be less than $10, regardless of the monetary value of the violation.
History.—s. 13, ch. 29755, 1955; s. 2, ch. 61-119; ss. 14, 35, ch. 69-106; s. 9, ch. 79-66; s. 12, ch. 86-112; s. 3, ch. 87-81; s. 3, ch. 88-210; s. 4, ch. 91-178; s. 33, ch. 92-143; ss. 6, 7, ch. 93-90; ss. 12, 16, ch. 94-282.