Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 2076
                                Barcode 128834                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 3/AD/2R         .                                
             05/05/2011 02:56 PM       .                                

       Senator Siplin moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 604 and 605
    4  insert:
    5         Section 15. Section 381.0014, Florida Statutes, is amended
    6  to read:
    7         381.0014 Regulations and ordinances superseded.—The rules
    8  adopted by the department under the provisions of this chapter
    9  shall, as to matters of public health, supersede all rules
   10  enacted by other state departments, boards or commissions, or
   11  ordinances and regulations enacted by municipalities, except
   12  that this chapter does not alter or supersede any of the
   13  provisions set forth in chapter chapters 502 and 503 or any rule
   14  adopted under that chapter the authority of those chapters.
   15         Section 16. The title of chapter 502, Florida Statutes, is
   16  redesignated as “MILK, MILK PRODUCTS, AND FROZEN DESSERTS.”
   17         Section 17. Section 502.012, Florida Statutes, is amended
   18  to read:
   19         502.012 Definitions.—As used in this chapter, the term The
   20  following definitions shall apply in the interpretation and
   21  enforcement of this law:
   22         (1) “Bulk milk pickup tanker” means a vehicle, including
   23  the truck and tank, and necessary attachments, used by a milk
   24  hauler to transport bulk raw milk for pasteurization from a
   25  dairy farm to a milk plant, receiving station, or transfer
   26  station.
   27         (2) “Dairy farm” means any place or premises where one or
   28  more cows, goats, sheep, water buffalo, or other hooved mammals
   29  are kept and from which a part or all of the milk is provided,
   30  sold, or offered for sale.
   31         (3) “Department” means the Department of Agriculture and
   32  Consumer Services.
   33         (4) “Frozen dessert” means a specific standardized frozen
   34  dessert described in 21 C.F.R. part 135 and any other food
   35  defined by rule of the department that resembles such
   36  standardized frozen dessert but does not conform to the specific
   37  description of such standardized frozen dessert in 21 C.F.R.
   38  part 135. The term includes, but is not limited to, a
   39  quiescently frozen confection, a quiescently frozen dairy
   40  confection, a frozen dietary dairy dessert, and a frozen dietary
   41  dessert.
   42         (5) “Frozen desserts manufacturer” means a person who
   43  manufactures, processes, converts, partially freezes, or freezes
   44  any mix or frozen dessert for distribution or sale.
   45         (6) “Frozen desserts plant” means any location or premises
   46  at which frozen desserts or mix are manufactured, processed, or
   47  frozen for distribution or sale at wholesale.
   48         (7) “Frozen desserts retail establishment” means any
   49  location or premises, including a retail store, stand, hotel,
   50  boardinghouse, restaurant, vehicle, or mobile unit, at which
   51  frozen desserts are frozen, partially frozen, or dispensed for
   52  sale at retail.
   53         (8) “Frozen dietary dairy dessert” or “frozen dietary
   54  dessert” means a food for any special dietary use, prepared by
   55  freezing, with or without agitation, and composed of a
   56  pasteurized mix that may contain fat, protein, carbohydrates,
   57  natural or artificial sweeteners, flavoring, stabilizers,
   58  emulsifiers, vitamins, and minerals.
   59         (9)(4) “Grade ‘A’ pasteurized milk ordinance” means the
   60  document entitled “Grade ‘A’ Pasteurized Milk Ordinance, United
   61  States Department of Health and Human Services, Public Health
   62  Service, Food and Drug Administration,” including all associated
   63  appendices, as adopted by department rule.
   64         (10)(5) “Imitation milk and imitation milk products” means
   65  those foods that have the physical characteristics, such as
   66  taste, flavor, body, texture, or appearance, of milk or milk
   67  products as defined in this chapter and the Grade “A”
   68  pasteurized milk ordinance but do not come within the definition
   69  of “milk” or “milk products” and are nutritionally inferior to
   70  the product imitated.
   71         (11)(6) “Milk” means the lacteal secretion, practically
   72  free from colostrum, obtained by the complete milking of one or
   73  more healthy cows, goats, sheep, water buffalo, or other hooved
   74  mammals.
   75         (12)(7) “Milk distributor” means any person who offers for
   76  sale or sells to another person any milk or milk product.
   77         (13)(8) “Milk products” means products made with milk that
   78  is processed in some manner, including being whipped, acidified,
   79  cultured, concentrated, lactose-reduced, or sodium-reduced or
   80  aseptically processed, or having the addition or subtraction of
   81  milkfat, the addition of safe and suitable microbial organisms,
   82  or the addition of safe and suitable optional ingredients for
   83  protein, vitamin, or mineral fortification. “Milk products” do
   84  not include products such as evaporated milk, condensed milk,
   85  eggnog in a rigid metal container, dietary products, infant
   86  formula, or ice cream and other desserts.
   87         (14)(9) “Milkfat” or “butterfat” means the fat contained in
   88  milk.
   89         (15)(10) “Milk hauler” means any person who transports raw
   90  milk or raw milk products to or from a milk plant, receiving
   91  station, or transfer station.
   92         (16)(11) “Milk plant” means any place, premises, or
   93  establishment where milk or milk products are collected,
   94  handled, processed, stored, pasteurized, aseptically processed,
   95  bottled, or prepared for distribution.
   96         (17)(12) “Milk plant operator” means any person responsible
   97  for receiving, processing, pasteurizing, or packaging milk and
   98  milk products, or performing any other related operation.
   99         (18)(13) “Milk producer” means any person who operates a
  100  dairy farm and provides, sells, or offers for sale milk to a
  101  milk plant, receiving station, or transfer station.
  102         (19)(14) “Milk tank truck” means either a bulk milk pickup
  103  tanker or a milk transport tank.
  104         (20)(15) “Milk transport tank” means a vehicle, including
  105  the truck and tank, used by a milk hauler to transport bulk
  106  shipments of milk from a milk plant, receiving station, or
  107  transfer station to another milk plant, receiving station, or
  108  transfer station.
  109         (21) “Quiescently frozen confection” means a clean and
  110  wholesome frozen, sweetened, flavored product that, while being
  111  frozen, was not stirred or agitated (generally known as
  112  quiescent freezing). The confection may be acidulated with food
  113  grade acid, may contain milk solids or water, or may be made
  114  with or without added harmless pure or imitation flavoring and
  115  with or without harmless coloring. The finished product must not
  116  contain more than 0.5 percent by weight of stabilizer composed
  117  of wholesome, edible material and must not contain less than 17
  118  percent by weight of total food solids. In the production of the
  119  confection, processing or mixing before quiescent freezing that
  120  develops in the finished confection mix any physical expansion
  121  in excess of 10 percent may not be used.
  122         (22) “Quiescently frozen dairy confection” means a clean
  123  and wholesome frozen product made from water, milk products, and
  124  sugar, with added harmless pure or imitation flavoring, with or
  125  without added harmless coloring, with or without added
  126  stabilizer, or with or without added emulsifier, that, while
  127  being frozen, was not stirred or agitated (generally known as
  128  quiescent freezing). The confection must not contain less than
  129  13 percent by weight of total milk solids, less than 33 percent
  130  by weight of total food solids, more than 0.5 percent by weight
  131  of stabilizer, or more than 0.2 percent of weight by emulsifier.
  132  Stabilizer and emulsifier must be composed of wholesome, edible
  133  material. In the production of a quiescently frozen dairy
  134  confection, processing or mixing before quiescently freezing
  135  that develops in the finished confection mix any physical
  136  expansion in excess of 10 percent may not be used.
  137         (23)(16) “Raw milk” means unprocessed milk.
  138         (24)(17) “Receiving station” means any place, premises, or
  139  establishment where raw milk is received, collected, handled,
  140  stored, or cooled and is prepared for further transporting.
  141         (25)(18) “Substitute milk and substitute milk products”
  142  means those foods that have the physical characteristics, such
  143  as taste, flavor, body, texture, or appearance, of milk or milk
  144  products as defined in this chapter and the Grade “A”
  145  pasteurized milk ordinance but do not come within the definition
  146  of “milk” or “milk products” and are nutritionally equivalent to
  147  the product for which they are substitutes.
  148         (26)(19) “Transfer station” means any place, premises, or
  149  establishment where milk or milk products are transferred
  150  directly from one milk tank truck to another.
  151         (27)(20) “Washing station” means any place, premises, or
  152  establishment where milk tank trucks are cleaned and sanitized.
  153         Section 18. Section 502.013, Florida Statutes, is amended
  154  to read:
  155         502.013 Purpose; intent.—
  156         (1) PURPOSE.—The purpose of this chapter is to:
  157         (a) Ensure, without undue burden on either the regulatory
  158  agency or the dairy industry, that milk, and milk products,
  159  frozen desserts, and frozen dessert mix sold or offered for sale
  160  in this state are produced under sanitary conditions, are
  161  wholesome and fit for human consumption, and are correctly
  162  labeled as to grade, quality, and source of production.
  163         (b) Encourage uniformity and a high level of sanitation in
  164  milk and frozen dessert production practices in this state.
  165         (c) Facilitate the shipment and acceptance of milk and milk
  166  products of high sanitary quality in interstate and intrastate
  167  commerce.
  168         (d) Ensure the normal flow of fresh wholesome milk and milk
  169  products from the farmer to the consumer by uniform regulation
  170  of the shelf life of milk and milk products in this state.
  171         (2) INTENT.—
  172         (a) It is the intent of the Legislature to:
  173         1. Eliminate, to the extent practicable, overlapping and
  174  unnecessary inspections of dairy farms, and milk plants, and
  175  frozen dessert plants which may be performed by any agency of
  176  state or local government.
  177         2. Pay for the regulation of milk and milk products, except
  178  as otherwise provided in s. 502.053 502.032, through the General
  179  Revenue Fund.
  180         (b) It is not the intent of the Legislature to limit the
  181  authority of any agency of state or local government to take
  182  immediate action incident to the production, processing, or
  183  distribution of milk, and milk products, and frozen desserts
  184  when such action is necessary to protect the public health.
  185         Section 19. Subsections (1), (2), (6), and (7) of section
  186  502.014, Florida Statutes, are amended to read:
  187         502.014 Powers and duties.—
  188         (1) The department shall administer and enforce all
  189  regulatory laws currently in effect governing:
  190         (a) The production, processing, and distribution of milk,
  191  and milk products, frozen desserts, and frozen dessert mix.
  192         (b) The sanitation and sanitary practices of establishments
  193  where food and drink, including milk and milk products, are sold
  194  for consumption on the premises, except food service
  195  establishments regulated under chapters 381 and 509.
  196         (c) The sanitary and healthful condition of the food and
  197  drink sold or offered for sale by establishments under the
  198  department’s jurisdiction pursuant to paragraph (b).
  199         (d) The laboratory work of testing and analyzing milk, and
  200  milk products, frozen desserts, and frozen dessert mix.
  201         (2)(a) The department shall conduct onsite inspections of
  202  dairy farms, and milk plants, and frozen dessert plants and
  203  collect test samples of milk, and milk products, and frozen
  204  desserts as required by this chapter.
  205         (b) The department shall designate employees who shall be
  206  certified by the United States Food and Drug Administration as
  207  state milk sanitation rating officers, sampling surveillance
  208  officers, and laboratory evaluation officers in accordance with
  209  the requirements published in “Methods of Making Sanitation
  210  Ratings of Milk Shippers Supplies,” “Evaluation of Milk
  211  Laboratories,” and “Procedures Governing the Cooperative State
  212  Public Health Service/Food and Drug Administration Program for
  213  Certification of Interstate Milk Shippers,” respectively, as
  214  adopted by department rule. These officers shall conduct routine
  215  sanitation compliance survey ratings of milk producers, milk
  216  plants, laboratories, receiving stations, transfer stations, and
  217  manufacturers of single-service containers for milk and milk
  218  products. These ratings shall be made in accordance with the
  219  recommendations of the United States Food and Drug
  220  Administration published in “Methods of Making Sanitation
  221  Ratings of Milk Shippers.” Standard Methods for the Examination
  222  of Dairy Products.
  223         (6) The department has authority to adopt rules pursuant to
  224  ss. 120.536(1) and 120.54 to implement and enforce the
  225  provisions of this chapter. In adopting these rules, the
  226  department shall be guided by and may conform to the definitions
  227  and standards of the administrative procedures and provisions of
  228  the Grade “A” pasteurized milk ordinance and other applicable
  229  federal requirements. The rules shall include, but are not
  230  limited to:
  231         (a) Standards for milk, and milk products, and frozen
  232  desserts.
  233         (b) Provisions for the production, transportation,
  234  processing, handling, sampling, examination, grading, labeling,
  235  and sale of all milk, and milk products, frozen desserts, and
  236  imitation and substitute milk and milk products sold for public
  237  consumption in this state.
  238         (c) Provisions for the inspection of dairy herds, dairy
  239  farms, frozen dessert plants, and milk plants.
  240         (d) Provisions for the issuance and revocation of permits
  241  issued by the department pursuant to this chapter.
  242         (7) The department shall not conduct routine tests or
  243  inspections on raw milk that is shipped from outside the state.
  244  Nothing in this subsection shall be construed to limit the
  245  authority of the department to review industry records or sample
  246  milk or frozen desserts at any stage of production, processing,
  247  or distribution in cases of suspected hazard to public health.
  248         Section 20. Section 502.032, Florida Statutes, is repealed.
  249         Section 21. Section 502.053, Florida Statutes, is amended
  250  to read:
  251         502.053 Permits and licenses; fees; requirements;
  252  exemptions; temporary permits.—
  253         (1) PERMITS AND LICENSES.—
  254         (a) Each Grade “A” milk plant, whether located in the state
  255  or outside the state, and each manufacturing milk plant, milk
  256  producer, milk hauler, milk hauling service, washing station
  257  operator, milk plant operator, milk distributor, single-service
  258  container manufacturer, receiving station, and transfer station
  259  in the state shall apply to the department for a permit to
  260  operate. The application shall be on forms developed by the
  261  department.
  262         (b) Each frozen dessert plant, whether located in the state
  263  or outside the state, that manufactures frozen desserts or other
  264  products defined in this chapter and offers these products for
  265  sale in this state must apply to the department for a permit to
  266  operate. The application must be submitted on forms prescribed
  267  by the department. All frozen dessert permits expire on June 30
  268  of each year.
  269         (c) Any person who tests milk or milk products for milkfat
  270  content by weight, volume, chemical, electronic, or other method
  271  when the result of such test is used as a basis for payment for
  272  the milk or milk products must apply to the department for a
  273  license. To qualify for a license, the applicant must
  274  demonstrate a sufficiency of knowledge, ability, and equipment
  275  to adequately perform milkfat tests. The license shall be issued
  276  for a period of 2 years after the date of first issuance upon
  277  application to the department on forms prescribed by the
  278  department.
  279         (d)(b) Permits and licenses are nontransferable between
  280  persons or locations and are subject to suspension or revocation
  281  as provided in this chapter.
  282         (2) FEES.—
  283         (a) The initial application for a frozen dessert plant
  284  permit must be accompanied by a permit fee of $200. The annual
  285  permit renewal fee is $100.
  286         (b) The department shall charge each applicant for a
  287  milkfat tester’s license a fee not to exceed $125.
  288         (3)(2) REQUIREMENTS.—
  289         (a) To obtain a frozen dessert plant permit or milkfat
  290  tester’s license, an applicant must satisfy all requirements
  291  that are defined by the department in rule and must agree to
  292  comply with the applicable provisions of this chapter and rules
  293  adopted under this chapter. The department shall mail a copy of
  294  the permit or license to the applicant to signify that
  295  administrative requirements have been met.
  296         (b) All permitholders must maintain records of transactions
  297  concerning the procurement, production, and processing of milk
  298  and milk products as required in the Grade “A” pasteurized milk
  299  ordinance and grant department inspectors access to such records
  300  during all reasonable hours.
  301         (c) In addition to the testing required in the Grade “A”
  302  pasteurized milk ordinance and its appendices, each milk plant
  303  operator in the state shall be responsible for routine testing
  304  and inspection of raw milk shipped from outside the state prior
  305  to processing and shall notify the department when such testing
  306  and inspection indicate a violation of the standards contained
  307  in the Grade “A” pasteurized milk ordinance.
  308         (d) Each frozen dessert plant permitholder must report
  309  monthly, quarterly, semiannually, or annually, as required by
  310  the department, the number of gallons of frozen dessert or
  311  frozen dessert mix sold or manufactured by the permitholder in
  312  this state.
  313         (e) Each licensed milkfat tester shall keep records of
  314  milkfat tests conducted by him or her for a period of 1 year,
  315  and such records must be available for inspection by the
  316  department at all reasonable hours.
  317         (4)(3) EXEMPTIONS.—
  318         (a) The following persons shall be exempt from milk hauler
  319  permit requirements:
  320         1. Milk producers who transport milk or milk products only
  321  from their own dairy farms.
  322         2. Employees of a milk distributor or milk plant operator
  323  who possesses a valid permit.
  324         3. Drivers of bulk milk tank trucks between locations who
  325  do not collect milk from farms.
  326         (b) Grocery stores, restaurants, soda fountains, and
  327  similar establishments where milk or milk products are served or
  328  sold, but not processed, may be exempted from permit
  329  requirements.
  330         (c) Frozen desserts retail establishments as defined in s.
  331  502.012 are exempt from this chapter.
  332         (5)(4) TEMPORARY PERMITS.—
  333         (a) The department may issue a temporary permit for a
  334  period not exceeding 90 days to milk producers who have
  335  submitted an application to the department and passed a
  336  preliminary inspection as required in the Grade “A” pasteurized
  337  milk ordinance.
  338         (b) During this 90-day period, the department shall act
  339  expeditiously to determine compliance with all relevant laws
  340  and, upon finding compliance, shall issue a permit pursuant to
  341  subsection (1).
  342         Section 22. Section 502.054, Florida Statutes, is amended
  343  to read:
  344         502.054 Inspection and reinspection.—
  345         (1) The department shall establish a schedule for
  346  inspections which shall require routine inspections in
  347  accordance with the minimum requirements contained in the Grade
  348  “A” pasteurized milk ordinance and more frequent inspections or
  349  reinspections for permitholders with serious or repeated
  350  violations.
  351         (2) The department shall inspect frozen desserts and frozen
  352  dessert plants that handle and process mix and manufacture
  353  frozen desserts for wholesale. Inspections must be based on the
  354  frequency and severity of a violation. However, the department
  355  must comply with all federal requirements governing inspections.
  356         Section 23. Subsection (1) of section 502.091, Florida
  357  Statutes, is amended to read:
  358         502.091 Milk and milk products which may be sold.—
  359         (1) Only Grade “A” pasteurized milk and milk products,
  360  pasteurized manufactured milk products, ice cream, and frozen
  361  desserts, and cheese made from pasteurized milk shall be sold at
  362  retail to the final consumer or to food service establishments
  363  as defined in chapter 381, food establishments as defined in
  364  chapter 500, or public food service establishments as defined in
  365  chapter 509. Cheese made from raw milk may also be sold at
  366  retail to the final consumer or to food service establishments
  367  as defined in chapter 381, food establishments as defined in
  368  chapter 500, or public food service establishments as defined in
  369  chapter 509 if the cheese is aged more than 60 days at a
  370  temperature above 35° F.
  371         (a) In an emergency, however, the department may authorize
  372  the sale of reconstituted pasteurized milk products, or
  373  pasteurized milk and milk products that have not been graded or
  374  the grade of which is unknown, in which case such milk and milk
  375  products shall be appropriately labeled, as determined by the
  376  department.
  377         (b) If the department determines that milk is fit for human
  378  consumption even though it is less than Grade “A” because the
  379  producer failed to comply with the sanitation or bacterial
  380  standards defined in this chapter, or if any specific shipment
  381  of milk fails to comply with standards of the Grade “A”
  382  pasteurized milk ordinance, the department may issue a permit
  383  allowing the milk to be used in ungraded products, such as
  384  frozen desserts, which are being processed by such milk plant.
  385  During processing of such milk, it shall be pasteurized at a
  386  temperature of at least 175° F. for at least 15 seconds or at
  387  least 160° F. for at least 30 minutes.
  388         Section 24. Subsections (1) and (2) of section 502.121,
  389  Florida Statutes, are amended to read:
  390         502.121 Future dairy farms and milk and frozen dessert
  391  plants.—
  392         (1) All future construction or extensive alteration of milk
  393  houses, milking barns, stables, parlors, transfer stations, and
  394  milk and frozen dessert plants regulated under this chapter must
  395  meet certain minimum specifications and requirements which the
  396  department shall establish by rule.
  397         (2) Anyone who plans to construct a new milk house, milking
  398  barn, stable, parlor, transfer station, or milk or frozen
  399  dessert plant, or extensively alter any such existing facility,
  400  shall notify the department in writing of the intention to
  401  construct or alter, the date construction or alteration is to
  402  begin, and the legal description of the property for which the
  403  construction is planned.
  404         Section 25. Subsection (1) of section 502.181, Florida
  405  Statutes, is amended to read:
  406         502.181 Prohibited acts.—It is unlawful for any person in
  407  this state to:
  408         (1) Engage in the business of producing, hauling,
  409  transferring, receiving, processing, packaging, or distributing
  410  milk, or milk products, or frozen desserts or operating a
  411  washing station, manufacturing single-service containers,
  412  manufacturing imitation or substitute milk or milk products, or
  413  testing for milkfat content, without first obtaining a permit or
  414  license from the department.
  415         Section 26. Subsection (1) of section 502.231, Florida
  416  Statutes, is amended to read:
  417         502.231 Penalty and injunction.—
  418         (1) The department may enter an order imposing one or more
  419  of the following penalties against any person who violates any
  420  provision of the provisions of this chapter:
  421         (a) Issuance of a warning letter that relates to the class
  422  of the violation.
  423         (b) Imposition of an administrative fine not to exceed:
  424         1. Ten thousand dollars per violation in the case of a
  425  frozen dessert licensee;
  426         2. Ten percent of the license fee or $100, whichever is
  427  greater, for failure to report the information described in s.
  428  502.053(3)(d); or
  429         3. One thousand dollars of not more than $1,000 per
  430  occurrence for any other violation.
  432  (c) When imposing a fine under this paragraph section, the
  433  department must consider the degree and extent of harm caused by
  434  the violation, the cost of rectifying the damage, the benefit to
  435  the violator, whether the violation was committed willfully, and
  436  the violator’s compliance record.
  437         (c)(d) Revocation or suspension of any permit issued by the
  438  department under this chapter.
  439         Section 27. Section 502.232, Florida Statutes, is amended
  440  to read:
  441         502.232 Local regulations superseded.—All special or local
  442  acts, general laws of limited application, county ordinances or
  443  resolutions, municipal ordinances or resolutions, and municipal
  444  charter provisions that authorize the regulation of milk or milk
  445  products, or frozen desserts for wholesale, are superseded by
  446  this chapter and the rules adopted pursuant to this chapter.
  447         Section 28. Chapter 503, Florida Statutes, consisting of
  448  sections 503.011, 503.021, 503.031, 503.041, 503.0415, 503.051,
  449  503.071, 503.081, and 503.091, is repealed.
  451  ================= T I T L E  A M E N D M E N T ================
  452         And the title is amended as follows:
  453         Delete line 70
  454  and insert:
  455         deposited into the General Inspection Trust Fund;
  456         amending s. 381.0014, F.S., to conform to changes made
  457         by the act; revising the title of chapter 502, F.S.;
  458         amending s. 502.012, F.S.; defining terms related to
  459         the department’s regulation of frozen desserts;
  460         amending s. 502.013, F.S.; revising legislative
  461         purpose and intent, to conform; amending s. 502.014,
  462         F.S.; revising the department’s powers and duties;
  463         authorizing the department to administer and enforce
  464         regulations of frozen desserts and frozen dessert mix;
  465         revising the federal publication upon which certain
  466         milk sanitation ratings are based; authorizing the
  467         department to adopt rules; repealing s. 502.032, F.S.,
  468         relating to milkfat tester’s permits and permit fees;
  469         amending s. 502.053, F.S.; providing permitting and
  470         licensing requirements and imposing permit and license
  471         fees for frozen dessert plants and milkfat testers;
  472         providing certain reporting requirements for frozen
  473         dessert plant permitholders; providing certain
  474         recordkeeping requirements for licensed milkfat
  475         testers; providing an exemption; amending s. 502.054,
  476         F.S.; requiring the department to inspect certain
  477         frozen desserts and frozen dessert plants; amending s.
  478         502.091, F.S.; authorizing sales of certain ice cream
  479         and frozen desserts; amending s. 502.121, F.S.;
  480         restricting the construction or extensive alteration
  481         of frozen dessert plants; amending ss. 502.181 and
  482         502.231, F.S.; prohibiting certain acts related to the
  483         regulation of frozen desserts; providing penalties;
  484         amending s. 502.232, F.S.; preempting to the state the
  485         local regulation of frozen desserts at wholesale;
  486         repealing ch. 503, F.S., relating to the state’s
  487         regulation of frozen desserts, enforcement and
  488         penalties for violations of such regulations,
  489         licensure of frozen dessert plants, and preemption of
  490         municipal and county regulations of frozen desserts;