The Florida Senate

¹504.34  Penalties; duties of law enforcement officers; injunctive relief.--

(1)  The department may enter an order imposing one or more of the following penalties against any person who violates any of the provisions of this part or the rules promulgated under this part or who impedes, obstructs, hinders, or otherwise prevents or attempts to prevent the department from performing its duty in connection with the provisions of this part:

(a)  Issuance of a warning letter.

(b)  Imposition of an administrative fine, by the commissioner, of not more than $5,000 per occurrence after the issuance of a warning letter.

(c)  Revocation or suspension of a license issued to a certifying agent.

(2)  A person who is convicted of a violation of this part is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083

(3)  Each state or county law enforcement officer shall make an arrest for violation of this part when the officer is notified of the violation by the department.

(4)  Nothing in this part shall be construed as requiring the department to report for prosecution or for the institution of seizure proceedings as a result of minor violations of the part when it believes that the public interests will be best served by the imposition of one or more of the penalties set forth in this section.

(5)  The department is hereby authorized to apply for, and the court may grant upon sufficient evidence, a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this part, notwithstanding the existence of other remedies at law, such injunction to be issued without bond.

(6)  When the department has cause to believe any organic food is in violation of any of the applicable provisions of this part or rules promulgated under this part, it may issue and enforce a written or printed stop-sale, stop-use, removal, or hold order warning to the possessor not to dispose of the organic food in any manner until written permission is given by the department or a court of competent jurisdiction. The department shall release the organic food so withdrawn when the provisions and rules have been complied with and all costs and expenses incurred in the withdrawal have been paid. If compliance is not obtained within a reasonable time, the department shall begin proceedings for condemnation.

(7)  Any organic food not in compliance with the applicable provisions of this part or rules adopted under this part is subject to seizure on complaint of the department to the circuit court of the circuit in which the organic food is located. If the court finds the organic food to be in violation of the applicable provisions of this part or rules adopted under this part and the court orders condemnation of the organic food, the organic food shall be disposed of in the manner provided by the circuit court in the order of condemnation. In no instance shall the disposition of the organic food be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the organic food or to apply for permission to process or relabel the organic food to bring it into compliance with chapter 500, the Florida Food Safety Act, and with the applicable provisions of this part.

History.--ss. 1, 6, ch. 90-322; s. 4, ch. 91-429; s. 35, ch. 94-180; s. 17, ch. 2001-279.

¹Note.--Repealed December 31, 2002, by s. 17, ch. 2001-279.