Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 2312
Barcode 905924
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/17/2009 .
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The Committee on Agriculture (Dean) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (1) of section 205.064, Florida
6 Statutes, is amended to read:
7 205.064 Farm, aquacultural, grove, horticultural,
8 floricultural, tropical piscicultural, and tropical fish farm
9 products; certain exemptions.—
10 (1) A local business tax receipt is not required of any
11 natural person for the privilege of engaging in the selling of
12 farm, aquacultural, grove, horticultural, floricultural,
13 tropical piscicultural, or tropical fish farm products, or
14 products manufactured therefrom, except intoxicating liquors,
15 wine, or beer, when such products were grown or produced by such
16 natural person in the state.
17 Section 2. Subsection (20) of section 322.01, Florida
18 Statutes, is amended to read:
19 322.01 Definitions.—As used in this chapter:
20 (20) “Farm tractor” means a motor vehicle that is:
21 (a) Operated principally on a farm, grove, or orchard in
22 agricultural or horticultural pursuits and that is operated on
23 the roads of this state only incidentally to transportation
24 between the owner’s or operator’s headquarters and the farm,
25 grove, or orchard or between one farm, grove, or orchard and
26 another; or
27 (b) Designed and used primarily as a farm implement for
28 drawing plows, mowing machines, and other implements of
29 husbandry.
30 Section 3. Paragraph (n) of subsection (1) of section
31 500.03, Florida Statutes, is amended to read:
32 500.03 Definitions; construction; applicability.—
33 (1) For the purpose of this chapter, the term:
34 (n) “Food establishment” means any factory, food outlet, or
35 any other facility manufacturing, processing, packing, holding,
36 or preparing food, or selling food at wholesale or retail. The
37 term does not include any business or activity that is regulated
38 under chapter 509 or chapter 601. The term includes tomato
39 packinghouses and repackers but does not include any other
40 establishments that pack fruits and vegetables in their raw or
41 natural states, including those fruits or vegetables that are
42 washed, colored, or otherwise treated in their unpeeled, natural
43 form before they are marketed.
44 Section 4. Section 500.70, Florida Statutes, is created to
45 read:
46 500.70 Tomato food safety standards; inspections;
47 penalties; tomato good agricultural practices; tomato best
48 management practices.—
49 (1) As used in this section, the term:
50 (a) “Field packing” means the packing of tomatoes on a
51 tomato farm or in a tomato greenhouse into containers for sale
52 for human consumption without transporting the tomatoes to a
53 packinghouse.
54 (b) “Packing” or “repacking” means the packing of tomatoes
55 into containers for sale for human consumption. The term
56 includes the sorting or separating of tomatoes into grades and
57 sizes. The term also includes field packing.
58 (c) “Producing” means the planting, growing, or cultivating
59 of tomatoes on a tomato farm or in a tomato greenhouse for sale
60 for human consumption.
61 (2) The department may adopt rules establishing food safety
62 standards to safeguard the public health and promote the public
63 welfare by protecting the consuming public from injury caused by
64 the adulteration or the microbiological, chemical, or
65 radiological contamination of tomatoes. The rules must be based
66 on federal requirements, available scientific research,
67 generally accepted industry practices, and recommendations of
68 food safety professionals. The rules shall apply to the
69 producing, harvesting, packing, and repacking of tomatoes for
70 sale for human consumption by a tomato farm, tomato greenhouse,
71 or tomato packinghouse or repacker in this state. The rules may
72 include, but are not limited to, standards for:
73 (a) Registration with the department of a person who
74 produces, harvests, packs, or repacks tomatoes in this state who
75 does not hold a food permit issued under s. 500.12.
76 (b) Proximity of domestic animals and livestock to the
77 production areas for tomatoes.
78 (c) Food safety related use of water for irrigation during
79 production and washing of tomatoes after harvest.
80 (d) Use of fertilizers.
81 (e) Cleaning and sanitation of containers, materials,
82 equipment, vehicles, and facilities, including storage and
83 ripening areas.
84 (f) Health, hygiene, and sanitation of employees who handle
85 tomatoes.
86 (g) Training and continuing education of a person who
87 produces, harvests, packs, or repacks tomatoes in this state,
88 and the person’s employees who handle tomatoes.
89 (h) Labeling and recordkeeping, including standards for
90 identifying and tracing tomatoes for sale for human consumption.
91 (3)(a) The department may inspect tomato farms, tomato
92 greenhouses, tomato packinghouses, repacking locations, or any
93 vehicle being used to transport or hold tomatoes to insure
94 compliance with the applicable provisions of this chapter, and
95 the rules adopted under this chapter.
96 (b) The department may impose an administrative fine not to
97 exceed $5,000 per violation, or issue a written notice or
98 warning under s. 500.179, against a person who violates any
99 applicable provision of this chapter, or any rule adopted under
100 this chapter.
101 (4)(a) The department may adopt rules establishing tomato
102 good agricultural practices and tomato best management practices
103 for the state’s tomato industry based on applicable federal
104 requirements, available scientific research, generally accepted
105 industry practices, and recommendations of food safety
106 professionals.
107 (b) A person who documents compliance with the department’s
108 rules, tomato good agricultural practices, and tomato best
109 management practices is presumed to introduce tomatoes into the
110 stream of commerce that are safe for human consumption, unless
111 the department identifies noncompliance through inspections.
112 (5) The department may adopt rules pursuant to ss.
113 120.536(1) and 120.54 to administer this section.
114 Section 5. Subsection (10) of section 570.07, Florida
115 Statutes, is amended to read:
116 570.07 Department of Agriculture and Consumer Services;
117 functions, powers, and duties.—The department shall have and
118 exercise the following functions, powers, and duties:
119 (10) To act as adviser to producers and distributors, when
120 requested, and to assist them in the economical and efficient
121 distribution of their agricultural products, and to encourage
122 cooperative effort among producers to gain economical and
123 efficient production of agricultural products, and to adopt
124 rules pursuant to ss. 120.536(1) and 120.54 establishing
125 comprehensive best management practices for agricultural
126 production and food safety.
127 Section 6. Paragraph (e) of subsection (2) of section
128 570.48, Florida Statutes, is amended to read:
129 570.48 Division of Fruit and Vegetables; powers and duties;
130 records.—The duties of the Division of Fruit and Vegetables
131 include, but are not limited to:
132 (2)
133 (e) Performing tomato food safety inspections under s.
134 500.70 on tomato farms, in tomato greenhouses, and in tomato
135 packinghouses and repackers.
136 Section 7. Subsection (1) of section 604.15, Florida
137 Statutes, is amended to read:
138 604.15 Dealers in agricultural products; definitions.—For
139 the purpose of ss. 604.15-604.34, the following words and terms,
140 when used, shall be construed to mean:
141 (1) “Agricultural products” means the natural products of
142 the farm, nursery, grove, orchard, vineyard, garden, and apiary
143 (raw or manufactured); sod; tropical foliage; horticulture; hay;
144 livestock; milk and milk products; poultry and poultry products;
145 the fruit of the saw palmetto (meaning the fruit of the Serenoa
146 repens); limes (meaning the fruit Citrus aurantifolia, variety
147 Persian, Tahiti, Bearss, or Florida Key limes); and any other
148 nonexempt agricultural products produced in the state, except
149 tobacco, sugarcane, tropical foliage, timber and timber
150 byproducts, forest products as defined in s. 591.17, and citrus
151 other than limes.
152 Section 8. Section 823.145, Florida Statutes, is amended to
153 read:
154 823.145 Disposal by open burning of certain materials mulch
155 plastic used in agricultural operations.—Polyethylene
156 agricultural mulch plastic; damaged, nonsalvageable, untreated
157 wood pallets; and packing material that cannot be feasibly
158 recycled, which are used in connection with agricultural
159 operations related to the growing, harvesting, or maintenance of
160 crops, may be disposed of by open burning provided that no
161 public nuisance or any condition adversely affecting the
162 environment or the public health is created thereby and that
163 state or federal national ambient air quality standards are not
164 violated.
165 Section 9. This act shall take effect July 1, 2009.
166
167 ================= T I T L E A M E N D M E N T ================
168 And the title is amended as follows:
169 Delete everything before the enacting clause
170 and insert:
171 A bill to be entitled
172 An act relating to agriculture; amending s. 205.064,
173 F.S.; authorizing a person selling certain
174 agricultural products who is not a natural person to
175 qualify for an exemption from obtaining a local
176 business tax receipt; amending s. 322.01, F.S.;
177 revising the term “farm tractor” for purposes of
178 drivers’ licenses; amending s. 500.03, F.S.; revising
179 the term “food establishment” to include tomato
180 repackers for purposes of the Florida Food Safety Act;
181 creating s. 500.70, F.S.; defining the terms “field
182 packing,” “packing” or “repacking,” and “producing”;
183 requiring the Department of Agriculture and Consumer
184 Services to adopt minimum food safety standards for
185 the producing, harvesting, packing, and repacking of
186 tomatoes; authorizing the department to inspect tomato
187 farms, greenhouses, and packinghouses or repackers for
188 compliance with the standards and certain provisions
189 of the Florida Food Safety Act; providing penalties;
190 authorizing the department to publish guidance for the
191 state’s tomato industry; providing a presumption that
192 tomatoes introduced into commerce are safe for human
193 consumption under certain circumstances; authorizing
194 the department to adopt rules; amending s. 570.07,
195 F.S.; authorizing the department to adopt best
196 management practices for agricultural production and
197 food safety; amending s. 570.48, F.S.; revising duties
198 of the Division of Fruit and Vegetables for tomato
199 food safety inspections; amending s. 604.15, F.S.;
200 revising the term “agricultural products” to make
201 tropical foliage exempt from regulation under
202 provisions relating to dealers in agricultural
203 products; amending s. 823.145, F.S.; expanding the
204 materials used in agricultural operations that may be
205 disposed of by open burning; providing certain
206 limitations on open burning; providing an effective
207 date.