Senate Bill sb2094

    Florida Senate - 2002                                  SB 2094

    By Senator Geller





    29-798A-02

  1                      A bill to be entitled

  2         An act relating to misbranded food products;

  3         amending s. 500.121, F.S.; requiring retesting

  4         of certain food products administratively

  5         determined to be misbranded; providing

  6         penalties; providing an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Subsection (6) is added to section 500.121,

11  Florida Statutes, to read:

12         500.121  Disciplinary procedures.--

13         (6)  If the department determines that a food offered

14  in a food establishment is labeled with nutrient claims that

15  are in violation of this chapter, the department shall retest

16  or reexamine the product within 90 days after notification to

17  the manufacturer and to the firm at which the product was

18  collected. If the product is again found in violation, the

19  department shall test or examine the product for a third time

20  within 60 days after the second notification. The product

21  manufacturer shall reimburse the department for the cost of

22  the third test or examination. If the product is found in

23  violation for a third time, the department shall exercise its

24  authority under s. 500.172 and issue a stop-sale or stop-use

25  order. The department may impose additional sanctions for

26  violations of this subsection.

27         Section 2.  This act shall take effect July 1, 2002.

28

29            *****************************************

30                          SENATE SUMMARY

31    Requires retesting of certain misbranded food. Provides
      procedures and penalties.
                                  1

CODING: Words stricken are deletions; words underlined are additions.