HB 4125

1	A bill to be entitled
2	An act relating to frozen desserts; repealing chapter 503,
3	F.S., relating to the state's regulation of frozen
4	desserts, enforcement and penalties for violations of such
5	regulations, licensure of frozen dessert plants, and
6	preemption of municipal and county regulations of frozen
7	desserts; amending ss. 381.0014, 570.07, 570.40, 570.41,
8	570.50, and 570.51, F.S.; to conform; providing an
9	effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Chapter 503, Florida Statutes, consisting of
14	sections 503.011, 503.021, 503.031, 503.041, 503.0415, 503.051,
15	503.071, 503.081, and 503.091, is repealed.
16	Section 2.  Section 381.0014, Florida Statutes, is amended
17	to read:
18	381.0014  Regulations and ordinances superseded.-The rules
19	adopted by the department under the provisions of this chapter
20	shall, as to matters of public health, supersede all rules
21	enacted by other state departments, boards or commissions, or
22	ordinances and regulations enacted by municipalities, except
23	that this chapter does not alter or supersede any of the
24	provisions set forth in chapter chapters 502 and 503 or any rule
25	adopted under the authority of that chapter those chapters.
26	Section 3.  Paragraph (m) of subsection (16) and subsection
27	(19) of section 570.07, Florida Statutes, are amended to read:
28	570.07  Department of Agriculture and Consumer Services;
29	functions, powers, and duties.-The department shall have and
30	exercise the following functions, powers, and duties:
31	(16)  To enforce the state laws and rules relating to:
32	(m)  Administration and enforcement of all regulatory
33	legislation applying to milk, and milk products, and ice cream,
34	and frozen desserts;
35
36	In order to ensure uniform health and safety standards, the
37	adoption of standards and fines in the subject areas of
38	paragraphs (a)-(n) is expressly preempted to the state and the
39	department. Any local government enforcing the subject areas of
40	paragraphs (a)-(n) must use the standards and fines set forth in
41	the pertinent statutes or any rules adopted by the department
42	pursuant to those statutes.
43	(19)  To protect the dairy interests of the state; and, to
44	that end, it shall enforce those functions, powers, and duties
45	given to it in chapter chapters 502 and 503.
46	Section 4.  Subsection (2) of section 570.40, Florida
47	Statutes, is amended to read:
48	570.40  Division of Dairy Industry; powers and duties.-The
49	duties of the Division of Dairy Industry include, but are not
50	limited to:
51	(2)  Inspecting milk plants and, milk product plants, and
52	plants engaged in the manufacture and distribution of frozen
53	desserts and frozen desserts mix; analyzing and testing samples
54	of milk and, milk products, frozen desserts, and frozen desserts
55	mix collected by it; and enforcing those provisions of chapter
56	chapters 502 and 503 as are authorized by the department.
57	Section 5.  Subsection (2) of section 570.41, Florida
58	Statutes, is amended to read:
59	570.41  Director; qualifications; duties.-
60	(2)  The director shall supervise, direct, and coordinate
61	the activities of the division and shall, under the direction of
62	the commissioner, enforce the provisions of chapter chapters 502
63	and 503.
64	Section 6.  Subsections (2) and (3) of section 570.50,
65	Florida Statutes, are amended to read:
66	570.50  Division of Food Safety; powers and duties.-The
67	duties of the Division of Food Safety include, but are not
68	limited to:
69	(2)  Conducting those general inspection activities
70	relating to food and food products being processed, held, or
71	offered for sale in this state and enforcing those provisions of
72	chapters 500, 501, 502, 503, 531, 583, 585, 586, and 601
73	relating to foods as authorized by the department.
74	(3)  Analyzing samples of foods offered for sale in this
75	state as required under chapters 500, 501, 502, 503, 585, 586,
76	and 601.
77	Section 7.  Subsection (2) of section 570.51, Florida
78	Statutes, is amended to read:
79	570.51  Director; qualifications; duties.-
80	(2)  The director shall supervise, direct, and coordinate
81	the activities of the division and enforce the provisions of
82	chapters 500, 501, 502, 503, 531, 583, 585, and 601 and any
83	other chapter necessary to carry out the responsibilities of the
84	division.
85	Section 8.  This act shall take effect July 1, 2011.

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