Senate Bill sb1372c1
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    Florida Senate - 2007                           CS for SB 1372
    By the Committee on Agriculture
    575-1914-07
  1                      A bill to be entitled
  2         An act relating to the Department of
  3         Agriculture and Consumer Services; amending s.
  4         487.041, F.S.; revising the registration
  5         requirements for brands of pesticide
  6         distributed or sold in the state; providing for
  7         expiration on a specified date of requirements
  8         for annual registration; providing for future
  9         biennial registration; revising the
10         registration fee; requiring that proceeds of
11         the fee be deposited into the General
12         Inspection Trust Fund and used by the
13         department to administer ch. 487, F.S.;
14         providing for a fee to be imposed for late
15         registration; amending ss. 500.03 and 500.147,
16         F.S., relating to the Florida Food Safety Act;
17         updating references for purposes of provisions
18         governing the sale of bottled water and the
19         operation of bottled water plants; redefining
20         the term "food establishment" to include tomato
21         packinghouses; amending s. 502.012, F.S.;
22         revising and clarifying definitions; amending
23         s. 502.014, F.S.; revising the department's
24         rulemaking authority concerning lowfat cottage
25         cheese; conforming terminology; amending s.
26         502.053, F.S.; revising the permitting
27         requirements for certain milk plants; deleting
28         a provision authorizing the department to issue
29         a temporary permit to milk haulers; amending s.
30         502.054, F.S.; conforming terminology; amending
31         s. 502.091, F.S.; clarifying provisions
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 1         governing the sale of milk and milk products;
 2         specifying the types of food establishments at
 3         which such products may be sold; providing
 4         requirements for the sale of cheese made from
 5         raw milk; repealing ss. 591.27-591.34, F.S.,
 6         relating to the designation, marking, and
 7         cutting of seed trees; creating the Consumer
 8         Fireworks Task Force within the department for
 9         certain purposes; providing legislative
10         findings; providing for task force membership
11         and selection of chair and vice-chair;
12         specifying serving without compensation;
13         providing for per diem and travel expenses;
14         requiring the department to staff the task
15         force; requiring a report to the Legislature by
16         a time certain; providing for abolition of the
17         task force; amending s. 570.07, F.S.;
18         authorizing personnel within the various
19         divisions of the department to perform
20         regulatory and inspection services relating to
21         agriculture; requiring that the department
22         adopt requirements for enhancing food safety;
23         amending s. 570.48, F.S.; authorizing the
24         Division of Fruit and Vegetables to perform
25         food safety inspections with respect to
26         tomatoes; amending s. 570.481, F.S.; requiring
27         that fees collected by the department to cover
28         the costs of tomato-related inspections be
29         deposited into the General Inspection Trust
30         Fund and used for specified purposes;
31         authorizing the Department of Agriculture and
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 1         Consumer Services to conduct research projects
 2         on citrus diseases which are recommended by the
 3         Florida Citrus Production Research Advisory
 4         Council, within appropriations for such
 5         purpose; providing an effective date.
 6  
 7  Be It Enacted by the Legislature of the State of Florida:
 8  
 9         Section 1.  Present subsections (1), (2), (3), and (8)
10  and paragraphs (b) and (d) of subsection (4) of section
11  487.041, Florida Statutes, are amended, and a new subsection
12  (1) is added to that section, to read:
13         487.041  Registration.--
14         (1)(a)  Each brand of pesticide, as defined in s.
15  487.021, that is distributed, sold, or offered for sale,
16  except as provided in this subsection, within this state or
17  delivered for transportation or transported in intrastate
18  commerce or between points within this state through any point
19  outside this state must be registered in the office of the
20  department, and such registration shall be renewed annually.
21  Emergency exemptions from registration may be authorized in
22  accordance with the rules of the department. The registrant
23  shall file with the department a statement including:
24         1.  The name, business mailing address, and street
25  address of the registrant.
26         2.  The name of the brand of pesticide.
27         3.  An ingredient statement and a complete copy of the
28  labeling accompanying the brand of the pesticide, which must
29  conform to the registration, and a statement of all claims to
30  be made for it, including directions for use and a guaranteed
31  analysis showing the names and percentages by weight of each
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 1  active ingredient, the total percentage of inert ingredients,
 2  and the names and percentages by weight of each "added
 3  ingredient."
 4         (b)  For the purpose of defraying expenses of the
 5  department in connection with carrying out the provisions of
 6  this part, each person shall pay an annual registration fee of
 7  $250 for each registered brand of pesticide. The annual
 8  registration fee for each special local need label and
 9  experimental use permit is $100. All registrations expire on
10  December 31 of each year. If the renewal of a brand of
11  pesticide, including the special local need label and
12  experimental use permit, is not filed by January 31 of the
13  renewal year, an additional fee of $25 per brand of pesticide
14  shall be assessed per month and added to the original fee.
15  This additional fee may not exceed $250 per brand of
16  pesticide. The additional fee must be paid by the registrant
17  before the renewal certificate for the registration of the
18  brand of pesticide is issued.
19         (c)  This subsection does not apply to distributors or
20  retail dealers selling brands of pesticide if such brands of
21  pesticide are registered by another person.
22         (d)  This subsection expires at midnight, December 31,
23  2008.
24         (2)(a)(1)  Effective January 1, 2009, each brand of
25  Every pesticide, as defined in s. 487.021, which is
26  distributed, sold, or offered for sale, except as provided in
27  this section, within this state or delivered for
28  transportation or transported in intrastate commerce or
29  between points within this state through any point outside
30  this state must shall be registered in the office of the
31  department, and such registration shall be renewed biennially
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 1  annually. Emergency exemptions from registration may be
 2  authorized in accordance with the rules of the department. The
 3  registrant shall file with the department a statement
 4  including:
 5         1.(a)  The name, business mailing address, and street
 6  address of the registrant.
 7         2.(b)  The name of the brand of pesticide.
 8         3.(c)  An ingredient statement and a complete copy of
 9  the labeling accompanying the brand of the pesticide, which
10  must shall conform to the registration, and a statement of all
11  claims to be made for it, including directions for use and a
12  guaranteed analysis showing the names and percentages by
13  weight of each active ingredient, the total percentage of
14  inert ingredients, and the names and percentages by weight of
15  each "added ingredient."
16         (b)(2)  Effective January 1, 2009, for the purpose of
17  defraying expenses of the department in connection with
18  carrying out the provisions of this part, each person shall
19  pay a biennial an annual registration fee of $250 for each
20  registered brand of pesticide. The registration of each brand
21  of pesticide shall cover a designated 2-year period beginning
22  on January 1 of each odd-numbered year and expiring on
23  December 31 of the following year. The annual registration fee
24  for each special local need label and experimental use permit
25  shall be $100. All registrations expire on December 31 of each
26  year. Nothing in this section  shall be construed as applying
27  to distributors or retail dealers selling pesticides when
28  such  pesticides are registered by another person.
29         (c)  Each registration issued by the department to a
30  registrant for a period beginning in an odd-numbered year
31  shall be assessed a fee of $500 per brand of pesticide and a
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 1  fee of $200 for each special local need label and experimental
 2  use permit, and the registration shall expire on December 31
 3  of the following year. Each registration issued by the
 4  department to a registrant for a period beginning in an
 5  even-numbered year shall be assessed a fee of $250 per brand
 6  of pesticide and fee of $100 for each special local need label
 7  and experimental use permit, and the registration shall expire
 8  on December 31 of that year.
 9         (d)  All revenues collected, less those costs
10  determined by the department to be nonrecurring or one-time
11  costs, shall be deferred over the 2-year registration period,
12  deposited in the General Inspection Trust Fund, and used by
13  the department in carrying out the provisions of this chapter.
14         (e)  If the renewal of a brand of pesticide, including
15  the special local need label and experimental use permit, is
16  not filed by January 31 of the renewal year, an additional fee
17  of $25 per brand of pesticide shall be assessed per month and
18  added to the original fee. This additional fee may not exceed
19  $250 per brand of pesticide. The additional fee must be paid
20  by the registrant before the renewal certificate for the
21  registration of the brand of pesticide is issued. The
22  additional fee shall be deposited into the General Inspection
23  Trust Fund.
24         (f)  This subsection does not apply to distributors or
25  retail dealers selling brands of pesticide if such brands of
26  pesticide are registered by another person.
27         (3)  The department shall adopt rules governing the
28  procedures for the registration of a brand of pesticide
29  registration and for the review of data submitted by an
30  applicant for registration of the brand of a pesticide. The
31  department shall determine whether the brand of a pesticide
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 1  should be registered, registered with conditions, or tested
 2  under field conditions in this state. The department shall
 3  determine whether each request that all requests for
 4  registration of a brand of pesticide meets registrations meet
 5  the requirements of current state and federal law. The
 6  department, whenever it deems it necessary in the
 7  administration of this part, may require the manufacturer or
 8  registrant to submit the complete formula, quantities shipped
 9  into or manufactured in the state for distribution and sale,
10  evidence of the efficacy and the safety of any pesticide, and
11  other relevant data. The department may review and evaluate a
12  registered pesticide if new information is made available that
13  which indicates that use of the pesticide has caused an
14  unreasonable adverse effect on public health or the
15  environment. Such review shall be conducted upon the request
16  of the Secretary of the Department of Health in the event of
17  an unreasonable adverse effect on public health or the
18  Secretary of the Department of Environmental Protection in the
19  event of an unreasonable adverse effect on the environment.
20  Such review may result in modifications, revocation,
21  cancellation, or suspension of the registration of a brand of
22  pesticide registration. The department, for reasons of
23  adulteration, misbranding, or other good cause, may refuse or
24  revoke the registration of the brand of any pesticide, after
25  notice to the applicant or registrant giving the reason for
26  the decision. The applicant may then request a hearing,
27  pursuant to chapter 120, on the intention of the department to
28  refuse or revoke registration, and, upon his or her failure to
29  do so, the refusal or revocation shall become final without
30  further procedure. The In no event shall registration of a
31  
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 1  brand of pesticide may not be construed as a defense for the
 2  commission of any offense prohibited under this part.
 3         (4)  The department, in addition to its other duties
 4  under this section, has the power to:
 5         (b)  Formally request the United States Environmental
 6  Protection Agency to require registrants of pesticides to
 7  provide the department with environmental test data generated
 8  in this state or generated by simulating environmental
 9  conditions in this state.
10         (d)  Require a registrant who discontinues the
11  distribution of a brand of pesticide in this state to continue
12  the registration of the brand of the pesticide for a minimum
13  of 2 years or until no more remains on retailers' retailer's
14  shelves if or 2 years after written notice to the department
15  of date of discontinuance; provided such continued
16  registration or sale is not specifically prohibited by the
17  department or the United States Environmental Protection
18  Agency.
19         (8)  Nothing in This section does not affect affects
20  the authority of the department to administer the pesticide
21  registration program under this part or the authority of the
22  Commissioner of Agriculture to approve the registration of a
23  brand of pesticide.
24         Section 2.  Paragraphs (d) and (n) of subsection (1) of
25  section 500.03, Florida Statutes, are amended to read:
26         500.03  Definitions; construction; applicability.--
27         (1)  For the purpose of this chapter, the term:
28         (d)  "Bottled water" means a beverage, as described in
29  21 C.F.R. part 165 (2006)(1996), that is processed in
30  compliance with 21 C.F.R. part 129 (2006)(1996).
31  
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 1         (n)  "Food establishment" means any factory, food
 2  outlet, or any other facility manufacturing, processing,
 3  packing, holding, or preparing food, or selling food at
 4  wholesale or retail. The term does not include any business or
 5  activity that is regulated under chapter 509 or chapter 601.
 6  The term includes tomato packinghouses but also does not
 7  include any other establishments that pack fruits and
 8  vegetables in their raw or natural states, including those
 9  fruits or vegetables that are washed, colored, or otherwise
10  treated in their unpeeled, natural form before they are
11  marketed.
12         Section 3.  Paragraph (a) of subsection (3) of section
13  500.147, Florida Statutes, is amended to read:
14         500.147  Inspection of food establishments and
15  vehicles; food safety pilot program.--
16         (3)  For bottled water plants:
17         (a)  Bottled water must be from an approved source.
18  Bottled water must be processed in conformance with 21 C.F.R.
19  part 129 (2006)(1996), and must conform to 21 C.F.R. part 165
20  (2006)(1996). A person operating a bottled water plant shall
21  be responsible for all water sampling and analyses required by
22  this chapter.
23         Section 4.  Section 502.012, Florida Statutes, is
24  amended to read:
25         502.012  Definitions.--The following definitions shall
26  apply in the interpretation and enforcement of this law:
27         (1)  "Bulk milk pickup tanker" means a vehicle,
28  including the truck and tank, and necessary attachments, used
29  by a milk hauler to transport bulk raw milk for pasteurization
30  from a dairy farm to a milk plant, receiving station, or
31  transfer station.
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 1         (2)  "Dairy farm" means any place or premises where one
 2  or more cows, or goats, sheep, water buffalo, or other hooved
 3  mammals are kept, and from which a part or all of the milk is
 4  provided, sold, or offered for sale to a milk plant, receiving
 5  station, or transfer station.
 6         (3)  "Department" means the Department of Agriculture
 7  and Consumer Services.
 8         (4)(15)  "Grade 'A' pasteurized milk ordinance" means
 9  the document entitled "Grade 'A' Pasteurized Milk Ordinance,
10  United States Department of Health and Human Services, Public
11  Health Service, /Food and Drug Administration Publication No.
12  229," including all associated appendices, as adopted by
13  department rule.
14         (5)(4)  "Imitation milk and imitation milk products"
15  means those foods that have the physical characteristics, such
16  as taste, flavor, body, texture, or appearance, of milk or
17  milk products as defined in this chapter and the Grade "A"
18  pasteurized milk ordinance, but do not come within the
19  definition definitions of "milk" or "milk products," and are
20  nutritionally inferior to the product imitated.
21         (6)(5)  "Milk" means the lacteal secretion, practically
22  free from colostrum, obtained by the complete milking of one
23  or more healthy cows, or goats, sheep, water buffalo, or other
24  hooved mammals.
25         (7)(6)  "Milk distributor" means any person who offers
26  for sale or sells to another person any milk or milk product.
27         (8)(7)  "Milk products" means products made with milk
28  that is processed in some manner, including being whipped,
29  acidified, cultured, concentrated, lactose-reduced, or
30  sodium-reduced or aseptically processed, or having the
31  addition or subtraction of milkfat, the addition of safe and
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 1  suitable microbial organisms, or the addition of safe and
 2  suitable optional ingredients for protein, vitamin, or mineral
 3  fortification. "Milk products" do not include products such as
 4  evaporated milk, condensed milk, eggnog in a rigid metal
 5  container, dietary products, infant formula, or ice cream and
 6  other desserts, dry milk products, canned eggnog in a rigid
 7  metal container, butter, or cheese, except when the products
 8  are combined with other substances to produce any pasteurized
 9  or aseptically processed milk product.
10         (9)(8)  "Milkfat" or "butterfat" means the fat
11  contained in milk.
12         (10)(9)  "Milk hauler" means any person who transports
13  raw milk or raw milk products to or from a milk plant,
14  receiving station, or transfer station.
15         (11)(10)  "Milk plant" means any place, premises, or
16  establishment where milk or milk products are collected,
17  handled, processed, stored, pasteurized, aseptically
18  processed, bottled, or prepared for distribution.
19         (12)(11)  "Milk plant operator" means any person
20  responsible for receiving, processing, pasteurizing, or
21  packaging milk and milk products, or performing any other
22  related operation.
23         (13)(12)  "Milk producer" means any person who operates
24  a dairy farm and provides, sells, or offers for sale milk to a
25  milk plant, receiving station, or transfer station.
26         (14)(13)  "Milk tank truck" means either a bulk milk
27  pickup tanker or a milk transport tank.
28         (15)(14)  "Milk transport tank" means a vehicle,
29  including the truck and tank, used by a milk hauler to
30  transport bulk shipments of milk from a milk plant, receiving
31  
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 1  station, or transfer station to another milk plant, receiving
 2  station, or transfer station.
 3         (16)  "Raw milk" means unprocessed milk.
 4         (17)  "Receiving station" means any place, premises, or
 5  establishment where raw milk is received, collected, handled,
 6  stored, or cooled and is prepared for further transporting.
 7         (18)  "Substitute milk and substitute milk products"
 8  means those foods that have the physical characteristics, such
 9  as taste, flavor, body, texture, or appearance, of milk or
10  milk products as defined in this chapter and the Grade "A"
11  pasteurized milk ordinance, but do not come within the
12  definition definitions of "milk" or "milk products," and are
13  nutritionally equivalent to the product for which they are
14  substitutes.
15         (19)  "Transfer station" means any place, premises, or
16  establishment where milk or milk products are transferred
17  directly from one milk tank truck to another.
18         (20)  "Washing station" means any place, premises, or
19  establishment where milk tank trucks are cleaned and
20  sanitized.
21         Section 5.  Subsections (4) and (6) of section 502.014,
22  Florida Statutes, are amended to read:
23         502.014  Powers and duties.--
24         (4)  The department shall define by rule "cottage
25  cheese," and "dry-curd cottage cheese," and "lowfat cottage
26  cheese." The department shall periodically update these
27  definitions to maintain conformity with the federal
28  definitions.
29         (6)  The department has authority to adopt rules
30  pursuant to ss. 120.536(1) and 120.54 to implement and enforce
31  the provisions of this chapter. In adopting these rules, the
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 1  department shall be guided by and may conform to the
 2  definitions and standards of the administrative procedures and
 3  provisions of the Grade "A" pasteurized milk ordinance. The
 4  rules shall include, but are not limited to:
 5         (a)  Standards for milk and milk products.
 6         (b)  Provisions for the production, transportation,
 7  processing, handling, sampling, examination, grading,
 8  labeling, and sale of all milk and milk products and imitation
 9  and substitute milk and milk products sold for public
10  consumption in this state.
11         (c)  Provisions for the inspection of dairy herds,
12  dairy farms, and milk plants.
13         (d)  Provisions for the issuance and revocation of
14  permits issued by the department pursuant to this chapter.
15         Section 6.  Paragraph (a) of subsection (1), subsection
16  (2), and paragraph (a) of subsection (4) of section 502.053,
17  Florida Statutes, are amended to read:
18         502.053  Permits; requirements; exemptions; temporary
19  permits.--
20         (1)  PERMITS.--
21         (a)  Each Grade A milk plant, whether located in the
22  state or outside the state, and each manufacturing milk plant,
23  milk producer, milk hauler, milk hauling service, washing
24  station operator, milk plant operator, milk distributor,
25  single-service-container manufacturer, receiving station, and
26  transfer station in the state, shall apply to the department
27  for a permit to operate. The application shall be on forms
28  developed by the department.
29         (2)  REQUIREMENTS.--
30         (a)  To obtain a permit, an applicant must satisfy all
31  requirements that are defined by the department in rule and
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 1  must agree to comply with the applicable provisions of this
 2  chapter and rules adopted promulgated under this chapter.
 3         (b)  All permitholders must maintain records of
 4  transactions concerning the procurement, production, and
 5  processing of milk and milk products as required in the Grade
 6  "A" pasteurized milk ordinance and grant department inspectors
 7  access to such records during all reasonable hours.
 8         (c)  In addition to the testing required in the Grade
 9  "A" pasteurized milk ordinance and its appendices, each milk
10  plant operator in the state shall be responsible for routine
11  testing and inspection of raw milk shipped from outside the
12  state prior to processing and shall notify the department when
13  such testing and inspection indicate indicates a violation of
14  the standards contained in the Grade "A" pasteurized milk
15  ordinance.
16         (4)  TEMPORARY PERMITS.--
17         (a)  The department may issue a temporary permit for a
18  period not exceeding 90 days to milk producers and milk
19  haulers who have submitted an application to the department
20  and passed a preliminary inspection as required in the Grade
21  "A" pasteurized milk ordinance.
22         Section 7.  Section 502.054, Florida Statutes, is
23  amended to read:
24         502.054  Inspection and reinspection.--The department
25  shall establish a schedule for inspections which shall require
26  routine inspections in accordance with the minimum
27  requirements contained in the Grade "A" pasteurized milk
28  ordinance and more frequent inspections or reinspections for
29  permitholders with serious or repeated violations.
30         Section 8.  Subsection (1) of section 502.091, Florida
31  Statutes, is amended to read:
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 1         502.091  Milk and milk products which may be sold.--
 2         (1)  Only Grade A pasteurized milk and milk products,
 3  pasteurized manufactured milk products, and cheese made from
 4  pasteurized milk shall be sold at retail to the final consumer
 5  or to food service establishments as defined in chapter 381,
 6  food establishments as defined in chapter 500, or public food
 7  service establishments as defined in chapter 509 restaurants,
 8  soda fountains, grocery stores, or similar establishments.
 9  Cheese made from raw milk may also be sold at retail to the
10  final consumer or to food service establishments as defined in
11  chapter 381, food establishments as defined in chapter 500, or
12  public food service establishments as defined in chapter 509
13  if the cheese is aged more than 60 days at a temperature above
14  35° F.
15         (a)  In an emergency, however, the department may
16  authorize the sale of reconstituted pasteurized milk products,
17  or pasteurized milk and milk products that have not been
18  graded or the grade of which that is unknown, in which case
19  such milk and milk products shall be appropriately labeled, as
20  determined by the department.
21         (b)  If the department determines that milk is fit for
22  human consumption even though it is less than Grade A because
23  the producer failed to comply with the sanitation or bacterial
24  standards defined in this chapter, or if any specific shipment
25  of milk fails to comply with standards of the Grade "A"
26  pasteurized milk ordinance, the department may issue a permit
27  allowing the milk to be used in ungraded products, such as
28  frozen desserts, which are being processed by such milk plant.
29  During processing of such milk, it shall be pasteurized at a
30  temperature of at least 175° F. for at least 15 seconds or at
31  least 160° F. for at least 30 minutes.
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 1         Section 9.  Sections 591.27, 591.28, 591.29, 591.30,
 2  591.31, 591.32, 591.33, and 591.34, Florida Statutes, are
 3  repealed.
 4         Section 10.  Consumer Fireworks Task Force.--
 5         (1)  The Legislature finds that:
 6         (a)  The state regulation of consumer fireworks in
 7  Florida provides an insufficient definition of consumer
 8  fireworks and related products used by consumers;
 9         (b)  There is a need for better training and education
10  concerning the safe use of consumer fireworks;
11         (c)  There should be a mechanism to help local
12  governments fund the clean up following the use of consumer
13  fireworks on public property;
14         (d)  Local government regulation of the agricultural
15  uses authorized by s. 791.012, Florida Statutes, are
16  inconsistent with legitimate agricultural purposes;
17         (e)  There is a need for consumer education relating to
18  safety standards in the use of consumer fireworks;
19         (f)  There is a need for standards concerning tents and
20  other temporary retail facilities selling consumer fireworks;
21  and
22         (g)  The state would benefit from additional funding
23  for the training and education of fire officials.
24         (2)(a)  There is hereby created the Consumer Fireworks
25  Task Force within the Department of Agriculture and Consumer
26  Services for the purpose of studying the issues concerning the
27  use of and proper use of consumer fireworks, regulation of
28  temporary sale facilities for consumer fireworks, and
29  regulation of the hours and location of the use of consumer
30  fireworks; studying funding options for fire official training
31  
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 1  and education; and studying funding options for clean-up of
 2  expended consumer fireworks products.
 3         (b)1.  The task force shall consist of seven members
 4  appointed as follows: two members appointed by the President
 5  of the Senate; two members appointed by the Speaker of the
 6  House of Representatives; two members appointed by the
 7  Commissioner of Agriculture; and one member appointed by the
 8  Chief Financial Officer.
 9         2.  Members shall choose a chair and vice-chair from
10  its membership.
11         3.  Members shall serve without compensation, except
12  that members are entitled to per diem and travel expenses,
13  pursuant to s. 112.061, Florida Statutes, incurred in the
14  performance of their duties.
15         (3)  Staffing for the task force shall be provided by
16  the Department of Agriculture and Consumer Services.
17         (4)  The task force shall review and evaluate the
18  issues identified in paragraph (2)(a) and take public input
19  and testimony concerning the issues. A report of the
20  recommendations and findings of the task force shall submitted
21  to the President of the Senate and the Speaker of the House of
22  Representatives by January 15, 2008, and the task force shall
23  be abolished upon the transmittal of the report.
24         Section 11.  Paragraph (e) is added to subsection (2)
25  of section 570.07, Florida Statutes, and subsection (6) of
26  that section is amended, to read:
27         570.07  Department of Agriculture and Consumer
28  Services; functions, powers, and duties.--The department shall
29  have and exercise the following functions, powers, and duties:
30         (2)  To perform all regulatory and inspection services
31  relating to agriculture except agricultural education,
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    Florida Senate - 2007                           CS for SB 1372
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 1  demonstration, research, and those regulatory functions
 2  assigned by law to other state agencies.  In doing this, the
 3  department may:
 4         (e)  Except as expressly prohibited by law, use any of
 5  the trained personnel in the various divisions of the
 6  department in performing the regulatory and inspection
 7  services relating to agriculture.
 8         (6)  To foster and encourage the standardizing,
 9  grading, inspection, labeling, handling, storage, and
10  marketing of agricultural products; to enhance the food safety
11  of tomatoes and, after investigation and public hearings, to
12  cooperate with the United States Department of Agriculture, to
13  establish and promulgate standard grades and other standard
14  classifications of and for agricultural products; and to
15  establish and adopt requirements for enhancing food safety, in
16  cooperation with appropriate agencies.
17         Section 12.  Present paragraph (e) of subsection (2) of
18  section 570.48, Florida Statutes, is redesignated as paragraph
19  (f), and a new paragraph (e) is added to that subsection, to
20  read:
21         570.48  Division of Fruit and Vegetables; powers and
22  duties; records.--The duties of the Division of Fruit and
23  Vegetables include, but are not limited to:
24         (2)
25         (e)  Performing tomato food safety inspections on
26  tomato farms, in tomato greenhouses, and in tomato
27  packinghouses and repackers.
28         Section 13.  Subsections (1) and (2) of section
29  570.481, Florida Statutes, are amended to read:
30         570.481  Fruit and vegetable inspection fees;
31  penalty.--
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 1         (1)(a)  Each person receiving inspection services
 2  pursuant to s. 570.48 shall pay to the department an
 3  inspection fee.  This fee shall cover the cost of providing
 4  the inspection service and shall be set annually by the
 5  department by rule.
 6         (b)  All fees collected by the department to cover the
 7  cost of providing the inspection service for farms or
 8  greenhouses growing tomatoes or for tomato packinghouses shall
 9  be deposited into the General Inspection Trust Fund and shall
10  be used for tomato-related inspections, education, and
11  research.
12         (2)  All fees collected by the department under this
13  section shall be deposited into the Citrus Inspection Trust
14  Fund, except that fees collected pursuant to paragraph (1)(b)
15  and s. 570.48(4) shall be deposited in the General Inspection
16  Trust Fund.
17         Section 14.  The Department of Agriculture and Consumer
18  Services shall conduct or cause to be conducted those research
19  projects on citrus diseases, including, but not limited to,
20  citrus canker and citrus greening, which are recommended by
21  the Florida Citrus Production Research Advisory Council,
22  within the limits of appropriations made specifically for such
23  purpose.
24         Section 15.  This act shall take effect July 1, 2007.
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1372
 3                                 
 4  Committee Substitute for Senate Bill 1372 is different from
    Senate Bill 1372 in that it:
 5  
      Authorizes the Department of Agriculture and Consumer
 6  Services to conduct research projects on citrus diseases which
    are recommended by the Florida Citrus Production Research
 7  Advisory Council;
 8    Provides for enhanced tomato food safety inspections on
    tomato farms, in tomato greenhouses, and in tomato
 9  packinghouses and repackers; and
10    Makes it clear that the new food safety inspection program
    pertains only to tomatoes and does not include any other type
11  of fruit or vegetable packing establishments.
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