Florida Senate - 2019                                    SB 1646
       By Senator Albritton
       26-01619B-19                                          20191646__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Agriculture and
    3         Consumer Services; amending s. 487.021, F.S.; defining
    4         a term; amending s. 487.0435, F.S.; authorizing the
    5         Department of Agriculture and Consumer Services to
    6         consider the use of a fumigant as a pesticide for raw
    7         agricultural commodities; amending s. 500.03, F.S.;
    8         revising definitions; amending s. 500.033, F.S.;
    9         revising the membership of the Florida Food Safety and
   10         Food Defense Advisory Council; amending s. 500.12,
   11         F.S.; conforming provisions to changes made by the
   12         act; revising the date by which a late fee is imposed
   13         for nonpayment of a food permit fee; amending s.
   14         500.121, F.S.; conforming provisions to changes made
   15         by the act; amending s. 500.147, F.S.; conforming
   16         provisions to changes made by the act; repealing s.
   17         500.81, F.S., relating to the Healthy Food Financing
   18         Initiative; amending s. 502.012, F.S.; defining and
   19         redefining terms; amending s. 502.014, F.S.; revising
   20         the authority of the department to conduct onsite
   21         inspections of facilities used to produce and process
   22         milk and milk products and to collect samples of such
   23         for testing; amending s. 502.053, F.S.; requiring
   24         operation permits for wholesalers of frozen dessert
   25         products; providing an exemption from bulk milk hauler
   26         and sampler permit requirements; amending s. 502.181,
   27         F.S.; removing the prohibitions against certain
   28         testing for milkfat content and for repasteurizing
   29         milk; amending s. 570.441, F.S.; extending the
   30         expiration for the use of funds from the Pest Control
   31         Trust Fund; amending s. 570.93, F.S.; revising
   32         requirements for the agricultural water conservation
   33         program; amending s. 590.02, F.S.; directing the
   34         Florida Forest Service to develop a training
   35         curriculum for wildland firefighting; amending s.
   36         595.404, F.S.; authorizing the department to adopt and
   37         implement an exemption, variance, and waiver process
   38         for school food and other nutrition programs; amending
   39         s. 633.406, F.S.; conforming provisions to changes
   40         made by the act; amending s. 633.408, F.S.; providing
   41         wildland firefighter training and certification for
   42         certain firefighters and volunteer firefighters;
   43         providing an effective date.
   45  Be It Enacted by the Legislature of the State of Florida:
   47         Section 1. Present subsections (57) through (67) of section
   48  487.021, Florida Statutes, are redesignated as subsections (58)
   49  through (68), respectively, and a new subsection (57) is added
   50  to that section, to read:
   51         487.021 Definitions.—For the purpose of this part:
   52         (57)“Raw agricultural commodities fumigation” means the
   53  use of a fumigant, in a lethal concentration to eliminate pests
   54  from fruits, vegetables, nuts, legumes, mushrooms, or other
   55  nonanimal matter customarily consumed by humans or animals,
   56  under a tarpaulin or in a structure such as a storage facility,
   57  barn, silo, or warehouse that is not inhabited by human beings,
   58  agricultural livestock, or domestic pets and that is not
   59  connected by construction elements such as voids, pipes,
   60  conduits, drains, or ducts to a structure that is inhabited by
   61  human beings, agricultural livestock, or domestic pets that
   62  would allow the transfer of fumigant between the structures.
   63         Section 2. Subsection (7) is added to section 487.0435,
   64  Florida Statutes, to read:
   65         487.0435 License classification.—The department shall issue
   66  certified applicator licenses in the following classifications:
   67  certified public applicator; certified private applicator; and
   68  certified commercial applicator. In addition, separate
   69  classifications and subclassifications may be specified by the
   70  department in rule as deemed necessary to carry out the
   71  provisions of this part. Each classification shall be subject to
   72  requirements or testing procedures to be set forth by rule of
   73  the department and shall be restricted to the activities within
   74  the scope of the respective classification as established in
   75  statute or by rule. In specifying classifications, the
   76  department may consider, but is not limited to, the following:
   77         (7)The use of a fumigant as a pesticide, solely in raw
   78  agricultural commodities fumigation as defined in s. 487.021.
   79         Section 3. Subsection (1) of section 500.03, Florida
   80  Statutes, is amended to read:
   81         500.03 Definitions; construction; applicability.—
   82         (1) For the purpose of this chapter, the term:
   83         (a) “Advertisement” means any representation disseminated
   84  in any manner or by any means, other than by labeling, for the
   85  purpose of inducing, or which is likely to induce, directly or
   86  indirectly, the purchase of food.
   87         (b) “Approved laboratory” or “certified laboratory” means a
   88  laboratory of the department, a commercial laboratory certified
   89  by the Department of Health, or a competent commercial
   90  laboratory certified by an agency of another state or the United
   91  States Environmental Protection Agency to perform analyses of
   92  drinking water in accordance with the water quality testing
   93  procedures adopted by the United States Environmental Protection
   94  Agency.
   95         (c) “Approved source” as it relates to water means a source
   96  of water, whether it is a spring, artesian well, drilled well,
   97  municipal water supply, or any other source, that complies with
   98  the Federal Safe Drinking Water Act, Pub. L. No. 93-523, as
   99  amended.
  100         (d) “Bottled water” means a beverage, as described in 21
  101  C.F.R. part 165 (2006), that is processed in compliance with 21
  102  C.F.R. part 129 (2006).
  103         (e) “Bottled water plant” means a food establishment in
  104  which bottled water is prepared for sale.
  105         (f) “Color” includes black, white, and intermediate grays.
  106         (g)1. “Color additive” means a material which:
  107         a. Is a dye pigment, or other substance, made by a process
  108  of synthesis or similar artifice, or extracted, isolated, or
  109  otherwise derived, with or without intermediate or final change
  110  of identity from a vegetable, animal, mineral, or other source,
  111  or
  112         b. When added or applied to a food, is capable, alone or
  113  through reaction with another substance, of imparting color
  114  thereto;
  116  except that such term does not include any material that is
  117  exempt under the federal act.
  118         2. Nothing in Subparagraph 1. does not shall be construed
  119  to apply to any pesticide chemical, soil or plant nutrient, or
  120  other agricultural chemical solely because of its effect in
  121  aiding, retarding, or otherwise affecting, directly or
  122  indirectly, the growth or other natural physiological process of
  123  produce of the soil and thereby affecting its color, whether
  124  before or after harvest.
  125         (h) “Contaminated with filth” applies to any food not
  126  securely protected from dust, dirt, and, as far as may be
  127  necessary by all reasonable means, all foreign or injurious
  128  contamination.
  129         (i)“Convenience store” means a business that is engaged
  130  primarily in the retail sale of groceries or motor fuels or
  131  special fuels and may offer food services to the public.
  132  Businesses providing motor fuel or special fuel to the public
  133  which also offer groceries or food service are included in the
  134  definition of a convenience store.
  135         (i)(j) “Cottage food operation” means a natural person who
  136  produces or packages cottage food products at his or her
  137  residence and sells such products in accordance with s. 500.80.
  138         (j)(k) “Cottage food product” means food that is not a
  139  potentially hazardous food as defined by department rule which
  140  is sold by a cottage food operation in accordance with s.
  141  500.80.
  142         (k)(l) “Department” means the Department of Agriculture and
  143  Consumer Services.
  144         (l)(m) “Federal act” means the Federal Food, Drug, and
  145  Cosmetic Act, as amended, 21 U.S.C. ss. 301 et seq.; 52 Stat.
  146  1040 et seq.
  147         (m)(n) “Food” includes:
  148         1. Articles used for food or drink for human consumption;
  149         2. Chewing gum;
  150         3. Articles used for components of any such article;
  151         4. Articles for which health claims are made, which claims
  152  are approved by the Secretary of the United States Department of
  153  Health and Human Services and which claims are made in
  154  accordance with s. 343(r) of the federal act, and which are not
  155  considered drugs solely because their labels or labeling contain
  156  health claims; and
  157         5. Dietary supplements as defined in 21 U.S.C. s.
  158  321(ff)(1) and (2).
  160  The term includes any raw, cooked, or processed edible
  161  substance; ice; any beverage; or any ingredient used, intended
  162  for use, or sold for human consumption.
  163         (n)(o) “Food additive” means any substance, the intended
  164  use of which results or may be reasonably expected to result,
  165  directly or indirectly, in its becoming a component or otherwise
  166  affecting the characteristics of any food (including any
  167  substance intended for use in producing, manufacturing, packing,
  168  processing, preparing, treating, transporting, or holding food
  169  and including any source of radiation intended for any such
  170  use), if such substance is not generally recognized, among
  171  experts qualified by scientific training and experience to
  172  evaluate its safety, as having been adequately shown through
  173  scientific procedures (or, in the case of a substance used in a
  174  food before prior to January 1, 1958, through either scientific
  175  procedures or experience based on common use in food) to be safe
  176  under the conditions of its intended use; except that such term
  177  does not include:
  178         1. A pesticide chemical in or on a raw agricultural
  179  commodity;
  180         2. A pesticide chemical to the extent that it is intended
  181  for use or is used in the production, storage, or transportation
  182  of any raw agricultural commodity;
  183         3. A color additive; or
  184         4. Any substance used in accordance with a sanction or
  185  approval granted before prior to the enactment of the Food
  186  Additives Amendment of 1958, pursuant to the federal act; the
  187  Poultry Products Inspection Act (21 U.S.C. ss. 451 et seq.); or
  188  the Meat Inspection Act of March 4, 1967 (34 Stat. 1260), as
  189  amended and extended (21 U.S.C. ss. 71 et seq.).
  190         (o)(p) “Food establishment” means a factory, food outlet,
  191  or other facility manufacturing, processing, packing, holding,
  192  or preparing food or selling food at wholesale or retail. The
  193  term includes any establishment or section of an establishment
  194  at which food and food products are offered to the consumer and
  195  intended for off-premises consumption and any delicatessen that
  196  offers prepared food in bulk quantities only. The term does not
  197  include:
  198         1. A business or activity that is regulated under s.
  199  413.051, s. 500.80, chapter 509, or chapter 601;.
  200         2.The term includes tomato packinghouses and repackers but
  201  does not include any other Establishments, except for tomato
  202  packinghouses and repackers, that pack fruits and vegetables in
  203  their raw or natural states, including those fruits or
  204  vegetables that are washed, colored, or otherwise treated in
  205  their unpeeled, natural form before they are marketed; or
  206         3.Markets that offer only fresh fruits and fresh
  207  vegetables for sale.
  208         (q)“Food outlet” means any grocery store; convenience
  209  store; minor food outlet; meat, poultry, or fish and related
  210  aquatic food market; fruit or vegetable market; food warehouse;
  211  refrigerated storage facility; freezer locker; salvage food
  212  facility; or any other similar place storing or offering food
  213  for sale.
  214         (r)“Food service establishment” means any place where food
  215  is prepared and intended for individual portion service, and
  216  includes the site at which individual portions are provided. The
  217  term includes any such place regardless of whether consumption
  218  is on or off the premises and regardless of whether there is a
  219  charge for the food. The term includes delicatessens that offer
  220  prepared food in individual service portions. The term does not
  221  include schools, institutions, fraternal organizations, private
  222  homes where food is prepared or served for individual family
  223  consumption, retail food stores, the location of food vending
  224  machines, cottage food operations, and supply vehicles, nor does
  225  the term include a research and development test kitchen limited
  226  to the use of employees and which is not open to the general
  227  public.
  228         (p)(s) “Immediate container” does not include package
  229  liners.
  230         (q)(t) “Label” means a display of written, printed, or
  231  graphic matter upon the immediate container of any article. A
  232  requirement made by or under authority of this chapter that any
  233  word, statement, or other information appear on the label shall
  234  not be considered to be complied with unless such word,
  235  statement, or other information also appears on the outside
  236  container or wrapper, if there is any, of the retail package of
  237  such article or is easily legible through the outside container
  238  or wrapper.
  239         (r)(u) “Labeling” means all labels and other written,
  240  printed, or graphic matters:
  241         1. Upon an article or any of its containers or wrappers; or
  242         2. Accompanying such article.
  243         (s)(v) “Minor food outlet” means any food retail
  244  establishment that sells food groceries and may offer food
  245  service to the public, but neither business activity is a major
  246  retail function based on allocated space or gross sales.
  247         (t)(w) “Natural water” means bottled spring water, artesian
  248  well water, or well water that has not been altered with water
  249  from another source or that has not been modified by mineral
  250  addition or deletion, except for alteration that is necessary to
  251  treat the water through ozonation or an equivalent disinfection
  252  and filtration process.
  253         (u)(x) “Packaged ice” means ice that is enclosed in a
  254  container and is offered for sale for human consumption or for
  255  other use by the consumer. The term does not include ice that is
  256  manufactured by any business licensed under chapter 381 or
  257  chapter 509.
  258         (v)(y) “Packaged ice plant” means a food establishment in
  259  which packaged ice is manufactured or processed.
  260         (w)(z) “Pesticide chemical” means any substance that which,
  261  alone, in chemical combination, or in formulation with one or
  262  more other substances is a pesticide as defined in s. 487.021
  263  “pesticide” within the meaning of the Florida Pesticide Law,
  264  part I of chapter 487, and that which is used in the production,
  265  storage, or transportation of raw agricultural commodities.
  266         (x)(aa) “Raw agricultural commodity” means any food in its
  267  raw or natural state, including all fruits that are washed,
  268  colored, or otherwise treated in their unpeeled natural form
  269  before prior to marketing.
  270         (bb)“Retail food store” means any establishment or section
  271  of an establishment where food and food products are offered to
  272  the consumer and intended for off-premises consumption. The term
  273  includes delicatessens that offer prepared food in bulk
  274  quantities only. The term does not include establishments which
  275  handle only prepackaged, nonpotentially hazardous foods;
  276  roadside markets that offer only fresh fruits and fresh
  277  vegetables for sale; food service establishments; or food and
  278  beverage vending machines.
  279         (y)(cc) “Vehicle” means a mode of transportation or mobile
  280  carrier used to transport food from one location to another,
  281  including, but not limited to, carts, cycles, vans, trucks,
  282  cars, trains and railway transport, and aircraft and watercraft
  283  transport.
  284         Section 4. Subsection (1) of section 500.033, Florida
  285  Statutes, is amended to read:
  286         500.033 Florida Food Safety and Food Defense Advisory
  287  Council.—
  288         (1) There is created the Florida Food Safety and Food
  289  Defense Advisory Council for the purpose of serving as a forum
  290  for presenting, investigating, and evaluating issues of current
  291  importance to the assurance of a safe and secure food supply to
  292  the citizens of Florida. The Florida Food Safety and Food
  293  Defense Advisory Council shall consist of, but not be limited
  294  to: the Commissioner of Agriculture or his or her designee; the
  295  State Surgeon General or his or her designee; the Secretary of
  296  Business and Professional Regulation or his or her designee; the
  297  person responsible for domestic security with the Department of
  298  Law Enforcement; members representing the production,
  299  processing, distribution, and sale of foods; consumers or
  300  members of citizens groups; representatives of food industry
  301  groups; scientists or other experts in aspects of food safety
  302  from state universities; representatives from local, state, and
  303  federal agencies that are charged with responsibilities for food
  304  safety or food defense; and as ex officio members, the chairs of
  305  the Agriculture Committees of the Senate and the House of
  306  Representatives or their designees,; and the chairs of the
  307  committees of the Senate and the House of Representatives with
  308  jurisdictional oversight of home defense issues or their
  309  designees, and the person responsible for domestic security with
  310  the Department of Law Enforcement or his or her designee. The
  311  Commissioner of Agriculture shall appoint the remaining members.
  312  The council shall make periodic reports to the Department of
  313  Agriculture and Consumer Services concerning findings and
  314  recommendations in the area of food safety and food defense.
  315         Section 5. Paragraphs (a), (b), and (e) of subsection (1)
  316  and subsection (2) of section 500.12, Florida Statutes, are
  317  amended to read:
  318         500.12 Food permits; building permits.—
  319         (1)(a) A food permit from the department is required of any
  320  person who operates a food establishment or retail food store,
  321  except:
  322         1. Persons operating minor food outlets that sell food that
  323  is commercially prepackaged, not potentially hazardous, and not
  324  time or temperature controlled for safety, if the shelf space
  325  for those items does not exceed 12 total linear feet and no
  326  other food is sold by the minor food outlet.
  327         2. Persons subject to continuous, onsite federal or state
  328  inspection.
  329         3. Persons selling only legumes in the shell, either
  330  parched, roasted, or boiled.
  331         4. Persons selling sugar cane or sorghum syrup that has
  332  been boiled and bottled on a premise located within the state.
  333  Such bottles must contain a label listing the producer’s name
  334  and street address, all added ingredients, the net weight or
  335  volume of the product, and a statement that reads, “This product
  336  has not been produced in a facility permitted by the Florida
  337  Department of Agriculture and Consumer Services.”
  338         (b) Each food establishment and retail food store regulated
  339  under this chapter must apply for and receive a food permit
  340  before operation begins. An application for a food permit from
  341  the department must be accompanied by a fee in an amount
  342  determined by department rule. The department shall adopt by
  343  rule a schedule of fees to be paid by each food establishment
  344  and retail food store as a condition of issuance or renewal of a
  345  food permit. Such fees may not exceed $650 and shall be used
  346  solely for the recovery of costs for the services provided,
  347  except that the fee accompanying an application for a food
  348  permit for operating a bottled water plant may not exceed $1,000
  349  and the fee accompanying an application for a food permit for
  350  operating a packaged ice plant may not exceed $250. The fee for
  351  operating a bottled water plant or a packaged ice plant shall be
  352  set by rule of the department. Food permits are not transferable
  353  from one person or physical location to another. Food permits
  354  must be renewed annually on or before January 1. If an
  355  application for renewal of a food permit fee is not received in
  356  full by the department by January 1 within 30 days after its due
  357  date, a late fee not exceeding $100 must be paid in addition to
  358  the food permit fee before the department may issue the food
  359  permit. The moneys collected shall be deposited in the General
  360  Inspection Trust Fund.
  361         (e) The department is the exclusive regulatory and
  362  permitting authority for all food outlets, retail food stores,
  363  food establishments, convenience stores, and minor food outlets
  364  in accordance with this section. Application for a food permit
  365  must be made on forms provided by the department, which forms
  366  must also contain provision for application for registrations
  367  and permits issued by other state agencies and for collection of
  368  the food permit fee and any other fees associated with
  369  registration, licensing, or applicable surcharges. The details
  370  of the application shall be prescribed by department rule.
  371         (2) When any person applies for a building permit to
  372  construct, convert, or remodel any food establishment, food
  373  outlet, or retail food store, the authority issuing such permit
  374  shall make available to the applicant a printed statement,
  375  provided by the department, regarding the applicable sanitation
  376  requirements for such establishments. A building permitting
  377  authority, or municipality or county under whose jurisdiction a
  378  building permitting authority operates, may not be held liable
  379  for a food establishment, food outlet, or retail food store that
  380  does not comply with the applicable sanitation requirements due
  381  to failure of the building permitting authority to provide the
  382  information as provided in this subsection.
  383         (a) The department shall furnish, for distribution, a
  384  statement that includes the checklist to be used by the food
  385  inspector in any preoperational inspections to assure that the
  386  food establishment is constructed and equipped to meet the
  387  applicable sanitary guidelines. Such preoperational inspection
  388  shall be a prerequisite for obtaining a food permit in
  389  accordance with this section.
  390         (b) The department may provide assistance, when requested
  391  by the applicant, in the review of any construction or
  392  remodeling plans for food establishments. The department may
  393  charge a fee for such assistance which covers the cost of
  394  providing the assistance and which shall be deposited in the
  395  General Inspection Trust Fund for use in funding the food safety
  396  program.
  397         (c) A building permitting authority or other subdivision of
  398  local government may not require the department to approve
  399  construction or remodeling plans for food establishments and
  400  retail food stores as a condition of any permit or license at
  401  the local level.
  402         Section 6. Subsection (1) of section 500.121, Florida
  403  Statutes, is amended to read:
  404         500.121 Disciplinary procedures.—
  405         (1) In addition to the suspension procedures provided in s.
  406  500.12, if applicable, the department may impose an
  407  administrative fine in the Class II category pursuant to s.
  408  570.971 against any retail food store, food establishment, or
  409  cottage food operation that violates this chapter, which fine,
  410  when imposed and paid, shall be deposited by the department into
  411  the General Inspection Trust Fund. The department may revoke or
  412  suspend the permit of any such retail food store or food
  413  establishment if it is satisfied that the retail food store or
  414  food establishment has:
  415         (a) Violated this chapter.
  416         (b) Violated or aided or abetted in the violation of any
  417  law of this state governing or applicable to retail food stores
  418  or food establishments or any lawful rules of the department.
  419         (c) Knowingly committed, or been a party to, any material
  420  fraud, misrepresentation, conspiracy, collusion, trick, scheme,
  421  or device whereby another person, lawfully relying upon the
  422  word, representation, or conduct of a retail food store or food
  423  establishment, acts to her or his injury or damage.
  424         (d) Committed any act that or conduct of the same or
  425  different character than that enumerated which constitutes
  426  fraudulent or dishonest dealing.
  427         Section 7. Paragraph (a) of subsection (3) of section
  428  500.147, Florida Statutes, is amended to read:
  429         500.147 Inspection of food establishments, food records,
  430  and vehicles.—
  431         (3) For bottled water plants:
  432         (a) Bottled water must be from an approved source. Bottled
  433  water must be processed in conformance with 21 C.F.R. part 129
  434  (2006), and must conform to 21 C.F.R. part 165 (2006). A person
  435  operating a bottled water plant shall be responsible for all
  436  water sampling and analyses required by this chapter.
  437         Section 8. Section 500.81, Florida Statutes, is repealed.
  438         Section 9. Section 502.012, Florida Statutes, is amended to
  439  read:
  440         502.012 Definitions.—As used in this chapter, the term:
  441         (1)“Bulk milk hauler and sampler” means a person who
  442  collects official samples and may transport raw milk from a farm
  443  or raw milk products to or from a farm, milk plant, receiving
  444  station, or transfer station and has in his or her possession a
  445  permit to sample such products from any state regulatory agency
  446  charged in implementing the Grade “A” program.
  447         (2)(1) “Bulk milk pickup tanker” means a vehicle, including
  448  the truck and tank, and necessary attachments for its use, used
  449  by a bulk milk hauler and sampler to transport bulk raw milk for
  450  pasteurization, ultra-pasteurization, aseptic processing and
  451  packaging, or retort processing after packaging from a dairy
  452  farm to a milk plant, receiving station, or transfer station.
  453         (3)(2) “Dairy farm” means any place or premises where one
  454  or more lactating animals, such as cows, goats, sheep, water
  455  buffalo, camels, or other hooved mammals, are kept for milking
  456  purposes and from which a part or all of the milk is provided,
  457  sold, or offered for sale.
  458         (4)(3) “Department” means the Department of Agriculture and
  459  Consumer Services.
  460         (5)(4) “Frozen dessert” means a specific standardized
  461  frozen dessert described in 21 C.F.R. part 135 and any other
  462  food defined by rule of the department that resembles such
  463  standardized frozen dessert but does not conform to the specific
  464  description of such standardized frozen dessert in 21 C.F.R.
  465  part 135. The term includes, but is not limited to, a
  466  quiescently frozen confection, a quiescently frozen dairy
  467  confection, a frozen dietary dairy dessert, and a frozen dietary
  468  dessert.
  469         (6)(5) “Frozen desserts manufacturer” means a person who
  470  manufactures, processes, converts, partially freezes, or freezes
  471  any mix or frozen dessert for distribution or sale.
  472         (7)(6) “Frozen desserts plant” means any location or
  473  premises at which frozen desserts or mix are manufactured,
  474  processed, or frozen for distribution or sale at wholesale.
  475         (8)(7) “Frozen desserts retail establishment” means any
  476  location or premises, including a retail store, stand, hotel,
  477  boardinghouse, restaurant, vehicle, or mobile unit, at which
  478  frozen desserts are frozen, partially frozen, or dispensed for
  479  sale at retail.
  480         (9)(8) “Frozen dietary dairy dessert” or “frozen dietary
  481  dessert” means a food for any special dietary use, prepared by
  482  freezing, with or without agitation, and composed of a
  483  pasteurized mix that may contain fat, protein, carbohydrates,
  484  natural or artificial sweeteners, flavoring, stabilizers,
  485  emulsifiers, vitamins, and minerals.
  486         (10)(9) “Grade ‘A’ pasteurized milk ordinance” means the
  487  document entitled “Grade ‘A’ Pasteurized Milk Ordinance, United
  488  States Department of Health and Human Services, Public Health
  489  Service, Food and Drug Administration,” including all associated
  490  appendices, as adopted by department rule.
  491         (11)(10) “Imitation milk and imitation milk products” means
  492  those foods that have the physical characteristics, such as
  493  taste, flavor, body, texture, or appearance, of milk or milk
  494  products as defined in this chapter and the Grade “A”
  495  pasteurized milk ordinance but do not come within the definition
  496  of “milk” or “milk products” and are nutritionally inferior to
  497  the product imitated.
  498         (12)(11) “Milk” means the lacteal secretion, practically
  499  free from colostrum, obtained by the complete milking of one or
  500  more healthy cows, goats, sheep, water buffalo, camels, or other
  501  hooved mammals.
  502         (13)(12) “Milk distributor” means any person who offers for
  503  sale or sells to another person any milk or milk product.
  504         (14)(13) “Milk products” means products made with milk that
  505  is processed in some manner, including being whipped, acidified,
  506  cultured, concentrated, lactose-reduced, or sodium-reduced or
  507  aseptically processed, or having the addition or subtraction of
  508  milkfat, the addition of safe and suitable microbial organisms,
  509  or the addition of safe and suitable optional ingredients for
  510  protein, vitamin, or mineral fortification. “Milk products” do
  511  not include products such as evaporated milk, condensed milk,
  512  eggnog in a rigid metal container, dietary products, infant
  513  formula, or ice cream and other desserts.
  514         (15)(14) “Milkfat” or “butterfat” means the fat contained
  515  in milk.
  516         (16)(15) “Milk hauler” means any person who transports raw
  517  milk or raw milk products to or from a milk plant, receiving
  518  station, or transfer station.
  519         (17)(16) “Milk plant” means any place, premises, or
  520  establishment where milk or milk products are collected,
  521  handled, processed, stored, pasteurized, ultra-pasteurized,
  522  aseptically processed and packaged, retort processed after
  523  packaging, condensed, dried, packaged, bottled, or prepared for
  524  distribution.
  525         (18)(17) “Milk plant operator” means any person responsible
  526  for receiving, processing, pasteurizing, or packaging milk and
  527  milk products, or performing any other related operation.
  528         (19)(18) “Milk producer” means any person who operates a
  529  dairy farm and provides, sells, or offers for sale milk to a
  530  milk plant, receiving station, or transfer station.
  531         (20)(19) “Milk tank truck” means either a bulk milk pickup
  532  tanker or a milk transport tank.
  533         (21)(20) “Milk transport tank” means a vehicle, including
  534  the truck and tank, used by a bulk milk hauler and sampler or a
  535  milk hauler to transport bulk shipments of milk from a milk
  536  plant, receiving station, or transfer station to another milk
  537  plant, receiving station, or transfer station.
  538         (22)(21) “Quiescently frozen confection” means a clean and
  539  wholesome frozen, sweetened, flavored product that, while being
  540  frozen, was not stirred or agitated (generally known as
  541  quiescent freezing). The confection may be acidulated with food
  542  grade acid, may contain milk solids or water, or may be made
  543  with or without added harmless pure or imitation flavoring and
  544  with or without harmless coloring. The finished product must not
  545  contain more than 0.5 percent by weight of stabilizer composed
  546  of wholesome, edible material and must not contain less than 17
  547  percent by weight of total food solids. In the production of the
  548  confection, processing or mixing before quiescent freezing that
  549  develops in the finished confection mix any physical expansion
  550  in excess of 10 percent may not be used.
  551         (23)(22) “Quiescently frozen dairy confection” means a
  552  clean and wholesome frozen product made from water, milk
  553  products, and sugar, with added harmless pure or imitation
  554  flavoring, with or without added harmless coloring, with or
  555  without added stabilizer, or with or without added emulsifier,
  556  that, while being frozen, was not stirred or agitated (generally
  557  known as quiescent freezing). The confection must not contain
  558  less than 13 percent by weight of total milk solids, less than
  559  33 percent by weight of total food solids, more than 0.5 percent
  560  by weight of stabilizer, or more than 0.2 percent by weight of
  561  emulsifier. Stabilizer and emulsifier must be composed of
  562  wholesome, edible material. In the production of a quiescently
  563  frozen dairy confection, processing or mixing before quiescently
  564  freezing that develops in the finished confection mix any
  565  physical expansion in excess of 10 percent may not be used.
  566         (24)(23) “Raw milk” means unpasteurized, unprocessed milk.
  567         (25)(24) “Receiving station” means any place, premises, or
  568  establishment where raw milk is received, collected, handled,
  569  stored, or cooled and is prepared for further transporting.
  570         (26)“Reconstituted milk or milk products” or “recombined
  571  milk or milk products” means milk or milk products that result
  572  from reconstituting or recombining of milk constituents with
  573  potable water.
  574         (27)“Retail” means the sale of goods to the public for use
  575  or consumption rather than for resale.
  576         (28)(25) “Substitute milk and substitute milk products”
  577  means those foods that have the physical characteristics, such
  578  as taste, flavor, body, texture, or appearance, of milk or milk
  579  products as defined in this chapter and the Grade “A”
  580  pasteurized milk ordinance but do not come within the definition
  581  of “milk” or “milk products” and are nutritionally equivalent to
  582  the product for which they are substitutes.
  583         (29)(26) “Transfer station” means any place, premises, or
  584  establishment where milk or milk products are transferred
  585  directly from one milk tank truck to another.
  586         (30)“Ultra-pasteurization” means a thermal process by
  587  which milk or milk products are heated to 280 degrees Fahrenheit
  588  or above for at least 2 seconds, before or after packaging, to
  589  produce a milk or milk product that has an extended shelf-life
  590  under refrigerated conditions.
  591         (31)(27) “Washing station” means any place, premises, or
  592  establishment where milk tank trucks are cleaned and sanitized.
  593         (32)“Wholesale” means the selling of goods in quantity to
  594  be retailed by others.
  595         Section 10. Paragraph (a) of subsection (2) of section
  596  502.014, Florida Statutes, is amended to read:
  597         502.014 Powers and duties.—
  598         (2)(a) The department shall conduct onsite inspections of
  599  any facility used in the production, processing, and
  600  distribution of any milk or milk products under this chapter and
  601  shall collect samples of such products from such facilities for
  602  testing pursuant to dairy farms, milk plants, and frozen dessert
  603  plants and collect test samples of milk, milk products, and
  604  frozen desserts as required by this chapter.
  605         Section 11. Paragraph (b) of subsection (1), paragraph (d)
  606  of subsection (3), and paragraph (a) of subsection (4) of
  607  section 502.053, Florida Statutes, are amended to read:
  608         502.053 Permits and fees; requirements; exemptions;
  609  temporary permits.—
  610         (1) PERMITS.—
  611         (b) Each frozen dessert plant, whether located in the state
  612  or outside the state, that manufactures frozen desserts or other
  613  products defined in this chapter and offers these products at
  614  wholesale for sale in this state must apply to the department
  615  for a permit to operate. The application must be submitted on
  616  forms prescribed by the department. All frozen dessert permits
  617  expire on June 30 of each year.
  618         (3) REQUIREMENTS.—
  619         (d)Each frozen dessert plant permitholder must report
  620  monthly, quarterly, semiannually, or annually, as required by
  621  the department, the number of gallons of frozen dessert or
  622  frozen dessert mix sold or manufactured by the permitholder in
  623  this state.
  624         (4) EXEMPTIONS.—
  625         (a) The following persons are shall be exempt from bulk
  626  milk hauler and sampler permit requirements:
  627         1. Milk producers who transport milk or milk products only
  628  from their own dairy farms.
  629         2. Employees of a milk distributor or milk plant operator
  630  who possesses a valid permit.
  631         3. Drivers of bulk milk tank trucks between locations who
  632  do not collect milk from farms.
  633         Section 12. Subsections (1) and (4) of section 502.181,
  634  Florida Statutes, are amended to read:
  635         502.181 Prohibited acts.—It is unlawful for any person in
  636  this state to:
  637         (1) Engage in the business of producing, hauling,
  638  transferring, receiving, processing, packaging, or distributing
  639  milk, milk products, or frozen desserts or operating a washing
  640  station, manufacturing single-service containers, or
  641  manufacturing imitation or substitute milk or milk products, or
  642  testing for milkfat content, without first obtaining a permit or
  643  license from the department.
  644         (4)Repasteurize milk.
  645         Section 13. Subsection (4) of section 570.441, Florida
  646  Statutes, is amended to read:
  647         570.441 Pest Control Trust Fund.—
  648         (4) In addition to the uses authorized under subsection
  649  (2), moneys collected or received by the department under
  650  chapter 482 may be used to carry out the provisions of s.
  651  570.44. This subsection expires June 30, 2024 2019.
  652         Section 14. Subsection (1) of section 570.93, Florida
  653  Statutes, is amended to read:
  654         570.93 Department of Agriculture and Consumer Services;
  655  agricultural water conservation and agricultural water supply
  656  planning.—
  657         (1) The department shall establish an agricultural water
  658  conservation program that includes the following:
  659         (a) A cost-share program, coordinated where appropriate
  660  with the United States Department of Agriculture and other
  661  federal, state, regional, and local agencies when appropriate,
  662  for irrigation system retrofit and application of mobile
  663  irrigation laboratory evaluations and for water conservation and
  664  as provided in this section and, where applicable, for water
  665  quality improvement pursuant to s. 403.067(7)(c).
  666         (b) The development and implementation of voluntary interim
  667  measures or best management practices, adopted by rule, which
  668  provide for increased efficiencies in the use and management of
  669  water for agricultural production. In the process of developing
  670  and adopting rules for interim measures or best management
  671  practices, the department shall consult with the Department of
  672  Environmental Protection and the water management districts.
  673  Such rules may also include a system to ensure assure the
  674  implementation of the practices, including recordkeeping
  675  requirements. As new information regarding efficient
  676  agricultural water use and management becomes available, the
  677  department shall reevaluate and revise as needed, the interim
  678  measures or best management practices as needed. The interim
  679  measures or best management practices may include irrigation
  680  retrofit, implementation of mobile irrigation laboratory
  681  evaluations and recommendations, water resource augmentation,
  682  and integrated water management systems for drought management
  683  and flood control and should, to the maximum extent practicable,
  684  be designed to qualify for regulatory incentives and other
  685  incentives, as determined by the agency having applicable
  686  statutory authority.
  687         (c) Provision of assistance to the water management
  688  districts in the development and implementation, to the extent
  689  practicable, of a consistent, to the extent practicable,
  690  methodology for the efficient allocation of water for
  691  agricultural irrigation.
  692         Section 15. Subsection (1) of section 590.02, Florida
  693  Statutes, is amended to read:
  694         590.02 Florida Forest Service; powers, authority, and
  695  duties; liability; building structures; Withlacoochee Training
  696  Center.—
  697         (1) The Florida Forest Service has the following powers,
  698  authority, and duties to:
  699         (a) Enforce the provisions of this chapter;
  700         (b) Prevent, detect, and suppress wildfires wherever they
  701  may occur on public or private land in this state and do all
  702  things necessary in the exercise of such powers, authority, and
  703  duties;
  704         (c) Provide firefighting crews, who shall be under the
  705  control and direction of the Florida Forest Service and its
  706  designated agents;
  707         (d) Appoint center managers, forest area supervisors,
  708  forestry program administrators, a forest protection bureau
  709  chief, a forest protection assistant bureau chief, a field
  710  operations bureau chief, deputy chiefs of field operations,
  711  district managers, forest operations administrators, senior
  712  forest rangers, investigators, forest rangers, firefighter
  713  rotorcraft pilots, and other employees who may, at the Florida
  714  Forest Service’s discretion, be certified as forestry
  715  firefighters pursuant to s. 633.408(8). Other law
  716  notwithstanding, center managers, district managers, forest
  717  protection assistant bureau chief, and deputy chiefs of field
  718  operations have Selected Exempt Service status in the state
  719  personnel designation;
  720         (e) Develop a training curriculum for wildland forestry
  721  firefighters which must contain at least 40 hours of structural
  722  firefighter training, at least 40 hours of emergency medical
  723  training, and at least 376 the basic volunteer structural fire
  724  training course approved by the Florida State Fire College of
  725  the Division of State Fire Marshal and a minimum of 250 hours of
  726  wildfire training;
  727         (f) Pay the cost of the initial commercial driver license
  728  examination fee for those employees whose position requires them
  729  to operate equipment requiring a license. This paragraph is
  730  intended to be an authorization to the department to pay such
  731  costs, not an obligation;
  732         (g) Provide fire management services and emergency response
  733  assistance and set and charge reasonable fees for performance of
  734  those services. Moneys collected from such fees shall be
  735  deposited into the Incidental Trust Fund of the Florida Forest
  736  Service;
  737         (h) Require all state, regional, and local government
  738  agencies operating aircraft in the vicinity of an ongoing
  739  wildfire to operate in compliance with the applicable state
  740  Wildfire Aviation Plan;
  741         (i) Authorize broadcast burning, prescribed burning, pile
  742  burning, and land clearing debris burning to carry out the
  743  duties of this chapter and the rules adopted thereunder; and
  744         (j) Make rules to accomplish the purposes of this chapter.
  745         Section 16. Subsection (16) is added to section 595.404,
  746  Florida Statutes, to read:
  747         595.404 School food and other nutrition programs; powers
  748  and duties of the department.—The department has the following
  749  powers and duties:
  750         (16)To adopt and implement an exemption, variance, and
  751  waiver process by rule, as required by federal regulations, for
  752  sponsors of the programs implemented pursuant to this chapter,
  753  notwithstanding s. 120.542.
  754         Section 17. Paragraph (d) of subsection (1) of section
  755  633.406, Florida Statutes, is amended to read:
  756         633.406 Classes of certification.—
  757         (1) The division may award one or more of the following
  758  certificates:
  759         (d) Wildland Firefighter Forestry Certificate of
  760  Compliance.—A Wildland Firefighter Forestry Certificate of
  761  Compliance may be awarded to a person who has satisfactorily
  762  complied with a training program and successfully passed an
  763  examination as prescribed by rule, and who possesses the
  764  qualifications established in s. 590.02(1)(e).
  765         Section 18. Subsection (8) of section 633.408, Florida
  766  Statutes, is amended to read:
  767         633.408 Firefighter and volunteer firefighter training and
  768  certification.—
  769         (8)(a) Pursuant to s. 590.02(1)(e), the division shall
  770  establish a structural fire training program of at least 40 not
  771  less than 206 hours. The division shall issue to a person
  772  satisfactorily complying with this training program and who has
  773  successfully passed an examination as prescribed by the division
  774  and who has met the requirements of s. 590.02(1)(e), a Wildland
  775  Firefighter Forestry Certificate of Compliance.
  776         (b) An individual who holds a current and valid Wildland
  777  Firefighter Forestry Certificate of Compliance is entitled to
  778  the same rights, privileges, and benefits provided for by law as
  779  a firefighter.
  780         Section 19. This act shall take effect July 1, 2019.