Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. CS for SB 868
Barcode 577798
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/01/2009 .
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The Committee on Regulated Industries (Dean) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 1086 - 1179
4 and insert:
5
6 Section 28. Section 500.70, Florida Statutes, is created to
7 read:
8 500.70 Tomato food safety standards; inspections;
9 penalties; tomato good agricultural practices; tomato best
10 management practices.—
11 (1) As used in this section, the term:
12 (a) “Field packing” means the packing of tomatoes on a
13 tomato farm or in a tomato greenhouse into containers for sale
14 for human consumption without transporting the tomatoes to a
15 packinghouse.
16 (b) “Packing” or “repacking” means the packing of tomatoes
17 into containers for sale for human consumption. The term
18 includes the sorting or separating of tomatoes into grades and
19 sizes. The term also includes field packing.
20 (c) “Producing” means the planting, growing, or cultivating
21 of tomatoes on a tomato farm or in a tomato greenhouse for sale
22 for human consumption.
23 (2) The department may adopt rules establishing food safety
24 standards to safeguard the public health and promote the public
25 welfare by protecting the consuming public from injury caused by
26 the adulteration or the microbiological, chemical, or
27 radiological contamination of tomatoes. The rules must be based
28 on federal requirements, available scientific research,
29 generally accepted industry practices, and recommendations of
30 food safety professionals. The rules shall apply to the
31 producing, harvesting, packing, and repacking of tomatoes for
32 sale for human consumption by a tomato farm, tomato greenhouse,
33 or tomato packinghouse or repacker in this state. The rules may
34 include, but are not limited to, standards for:
35 (a) Registration with the department of a person who
36 produces, harvests, packs, or repacks tomatoes in this state who
37 does not hold a food permit issued under s. 500.12.
38 (b) Proximity of domestic animals and livestock to the
39 production areas for tomatoes.
40 (c) Food safety related use of water for irrigation during
41 production and washing of tomatoes after harvest.
42 (d) Use of fertilizers.
43 (e) Cleaning and sanitation of containers, materials,
44 equipment, vehicles, and facilities, including storage and
45 ripening areas.(f) Health, hygiene, and sanitation of employees
46 who handle tomatoes.
47 (g) Training and continuing education of a person who
48 produces, harvests, packs, or repacks tomatoes in this state,
49 and the person’s employees who handle tomatoes.
50 (h) Labeling and recordkeeping, including standards for
51 identifying and tracing tomatoes for sale for human consumption.
52 (3)(a) The department may inspect tomato farms, tomato
53 greenhouses, tomato packinghouses, repacking locations, or any
54 vehicle being used to transport or hold tomatoes to ensure
55 compliance with the applicable provisions of this chapter, and
56 the rules adopted under this chapter.
57 (b) The department may impose an administrative fine not to
58 exceed $5,000 per violation, or issue a written notice or
59 warning under s. 500.179, against a person who violates any
60 applicable provision of this section, or any rule adopted under
61 this section.
62 (4)(a) The department may adopt rules establishing tomato
63 good agricultural practices and tomato best management practices
64 for the state’s tomato industry based on applicable federal
65 requirements, available scientific research, generally accepted
66 industry practices, and recommendations of food safety
67 professionals.
68 (b) A person who documents compliance with the department’s
69 rules, tomato good agricultural practices, and tomato best
70 management practices is presumed to introduce tomatoes into the
71 stream of commerce that are safe for human consumption, unless
72 the department identifies noncompliance through inspections.
73 (5) The following are exempt from subsections (2) and (4):
74 (a) Tomatoes sold by the grower to a consumer on the
75 premises on which they are grown in an amount that does not
76 exceed two 25 lb. boxes per customer.
77 (b) Tomatoes sold by the grower at a local farmers market,
78 in an amount that does not exceed two 25 lb. boxes per customer.
79 (6) The department may adopt rules pursuant to ss.
80 120.536(1) and 120.54 to administer this section.
81
82 ================= T I T L E A M E N D M E N T ================
83 And the title is amended as follows:
84 Delete lines 93 - 105
85 and insert:
86
87 for purposes of the Florida Food Safety Act; creating s. 500.70,
88 F.S.; defining terms; requiring minimum food safety standards
89 for producing, harvesting, packing, and repacking tomatoes;
90 authorizing the department to inspect tomato farms, greenhouses,
91 and packinghouses or repackers; providing penalties; authorizing
92 the department to establish good agricultural practices and best
93 management practices for the tomato industry by rule; providing
94 a presumption that tomatoes introduced into commerce are safe
95 for human consumption under certain circumstances; exempting
96 certain tomatoes from certain food safety standards and good
97 agricultural practices and best management practices;
98 authorizing the department to adopt