Florida Senate - 2019                             CS for SB 1646
       By the Committee on Agriculture; and Senator Albritton
       575-03462-19                                          20191646c1
    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; amending s.
   17         500.81, F.S.; providing for the repeal of the Healthy
   18         Food Financing Initiative on a specified date;
   19         amending s. 502.012, F.S.; defining and redefining
   20         terms; amending s. 502.014, F.S.; revising the
   21         authority of the department to conduct onsite
   22         inspections of facilities used to produce and process
   23         milk and milk products and to collect samples of such
   24         for testing; amending s. 502.053, F.S.; requiring
   25         operation permits for wholesalers of frozen dessert
   26         products; providing an exemption from bulk milk hauler
   27         and sampler permit requirements; amending s. 502.181,
   28         F.S.; removing the prohibitions against certain
   29         testing for milkfat content and for repasteurizing
   30         milk; amending s. 570.441, F.S.; extending the
   31         expiration for the use of funds from the Pest Control
   32         Trust Fund; amending s. 570.93, F.S.; revising
   33         requirements for the agricultural water conservation
   34         program; amending s. 590.02, F.S.; directing the
   35         Florida Forest Service to develop a training
   36         curriculum for wildland firefighting; amending s.
   37         595.404, F.S.; authorizing the department to adopt and
   38         implement an exemption, variance, and waiver process
   39         for school food and other nutrition programs; amending
   40         s. 633.406, F.S.; conforming provisions to changes
   41         made by the act; amending s. 633.408, F.S.; providing
   42         wildland firefighter training and certification for
   43         certain firefighters and volunteer firefighters;
   44         creating s. 828.261, F.S.; authorizing a contract for
   45         the sale of a horse to include a covenant for the
   46         continuing care of the horse; providing requirements
   47         for such a covenant; providing an effective date.
   49  Be It Enacted by the Legislature of the State of Florida:
   51         Section 1. Present subsections (57) through (67) of section
   52  487.021, Florida Statutes, are redesignated as subsections (58)
   53  through (68), respectively, and a new subsection (57) is added
   54  to that section, to read:
   55         487.021 Definitions.—For the purpose of this part:
   56         (57)“Raw agricultural commodities fumigation” means the
   57  use of a fumigant, in a lethal concentration to eliminate pests
   58  from fruits, vegetables, nuts, legumes, mushrooms, or other
   59  nonanimal matter customarily consumed by humans or animals,
   60  under a tarpaulin or in a structure such as a storage facility,
   61  barn, silo, or warehouse that is not inhabited by human beings,
   62  agricultural livestock, or domestic pets and that is not
   63  connected by construction elements such as voids, pipes,
   64  conduits, drains, or ducts to a structure that is inhabited by
   65  human beings, agricultural livestock, or domestic pets that
   66  would allow the transfer of fumigant between the structures.
   67         Section 2. Subsection (7) is added to section 487.0435,
   68  Florida Statutes, to read:
   69         487.0435 License classification.—The department shall issue
   70  certified applicator licenses in the following classifications:
   71  certified public applicator; certified private applicator; and
   72  certified commercial applicator. In addition, separate
   73  classifications and subclassifications may be specified by the
   74  department in rule as deemed necessary to carry out the
   75  provisions of this part. Each classification shall be subject to
   76  requirements or testing procedures to be set forth by rule of
   77  the department and shall be restricted to the activities within
   78  the scope of the respective classification as established in
   79  statute or by rule. In specifying classifications, the
   80  department may consider, but is not limited to, the following:
   81         (7)The use of a fumigant as a pesticide, solely in raw
   82  agricultural commodities fumigation as defined in s. 487.021.
   83         Section 3. Subsection (1) of section 500.03, Florida
   84  Statutes, is amended to read:
   85         500.03 Definitions; construction; applicability.—
   86         (1) For the purpose of this chapter, the term:
   87         (a) “Advertisement” means any representation disseminated
   88  in any manner or by any means, other than by labeling, for the
   89  purpose of inducing, or which is likely to induce, directly or
   90  indirectly, the purchase of food.
   91         (b) “Approved laboratory” or “certified laboratory” means a
   92  laboratory of the department, a commercial laboratory certified
   93  by the Department of Health, or a competent commercial
   94  laboratory certified by an agency of another state or the United
   95  States Environmental Protection Agency to perform analyses of
   96  drinking water in accordance with the water quality testing
   97  procedures adopted by the United States Environmental Protection
   98  Agency.
   99         (c) “Approved source” as it relates to water means a source
  100  of water, whether it is a spring, artesian well, drilled well,
  101  municipal water supply, or any other source, that complies with
  102  the Federal Safe Drinking Water Act, Pub. L. No. 93-523, as
  103  amended.
  104         (d) “Bottled water” means a beverage, as described in 21
  105  C.F.R. part 165 (2018) (2006), that is processed in compliance
  106  with 21 C.F.R. part 129 (2018) (2006).
  107         (e) “Bottled water plant” means a food establishment in
  108  which bottled water is prepared for sale.
  109         (f) “Color” includes black, white, and intermediate grays.
  110         (g)1. “Color additive” means a material which:
  111         a. Is a dye pigment, or other substance, made by a process
  112  of synthesis or similar artifice, or extracted, isolated, or
  113  otherwise derived, with or without intermediate or final change
  114  of identity from a vegetable, animal, mineral, or other source,
  115  or
  116         b. When added or applied to a food, is capable, alone or
  117  through reaction with another substance, of imparting color
  118  thereto;
  120  except that such term does not include any material that is
  121  exempt under the federal act.
  122         2. Nothing in Subparagraph 1. does not shall be construed
  123  to apply to any pesticide chemical, soil or plant nutrient, or
  124  other agricultural chemical solely because of its effect in
  125  aiding, retarding, or otherwise affecting, directly or
  126  indirectly, the growth or other natural physiological process of
  127  produce of the soil and thereby affecting its color, whether
  128  before or after harvest.
  129         (h) “Contaminated with filth” applies to any food not
  130  securely protected from dust, dirt, and, as far as may be
  131  necessary by all reasonable means, all foreign or injurious
  132  contamination.
  133         (i)“Convenience store” means a business that is engaged
  134  primarily in the retail sale of groceries or motor fuels or
  135  special fuels and may offer food services to the public.
  136  Businesses providing motor fuel or special fuel to the public
  137  which also offer groceries or food service are included in the
  138  definition of a convenience store.
  139         (i)(j) “Cottage food operation” means a natural person who
  140  produces or packages cottage food products at his or her
  141  residence and sells such products in accordance with s. 500.80.
  142         (j)(k) “Cottage food product” means food that is not a
  143  potentially hazardous food as defined by department rule which
  144  is sold by a cottage food operation in accordance with s.
  145  500.80.
  146         (k)(l) “Department” means the Department of Agriculture and
  147  Consumer Services.
  148         (l)(m) “Federal act” means the Federal Food, Drug, and
  149  Cosmetic Act, as amended, 21 U.S.C. ss. 301 et seq.; 52 Stat.
  150  1040 et seq.
  151         (m)(n) “Food” includes:
  152         1. Articles used for food or drink for human consumption;
  153         2. Chewing gum;
  154         3. Articles used for components of any such article;
  155         4. Articles for which health claims are made, which claims
  156  are approved by the Secretary of the United States Department of
  157  Health and Human Services and which claims are made in
  158  accordance with s. 343(r) of the federal act, and which are not
  159  considered drugs solely because their labels or labeling contain
  160  health claims; and
  161         5. Dietary supplements as defined in 21 U.S.C. s.
  162  321(ff)(1) and (2).
  164  The term includes any raw, cooked, or processed edible
  165  substance; ice; any beverage; or any ingredient used, intended
  166  for use, or sold for human consumption.
  167         (n)(o) “Food additive” means any substance, the intended
  168  use of which results or may be reasonably expected to result,
  169  directly or indirectly, in its becoming a component or otherwise
  170  affecting the characteristics of any food (including any
  171  substance intended for use in producing, manufacturing, packing,
  172  processing, preparing, treating, transporting, or holding food
  173  and including any source of radiation intended for any such
  174  use), if such substance is not generally recognized, among
  175  experts qualified by scientific training and experience to
  176  evaluate its safety, as having been adequately shown through
  177  scientific procedures (or, in the case of a substance used in a
  178  food before prior to January 1, 1958, through either scientific
  179  procedures or experience based on common use in food) to be safe
  180  under the conditions of its intended use; except that such term
  181  does not include:
  182         1. A pesticide chemical in or on a raw agricultural
  183  commodity;
  184         2. A pesticide chemical to the extent that it is intended
  185  for use or is used in the production, storage, or transportation
  186  of any raw agricultural commodity;
  187         3. A color additive; or
  188         4. Any substance used in accordance with a sanction or
  189  approval granted before prior to the enactment of the Food
  190  Additives Amendment of 1958, pursuant to the federal act; the
  191  Poultry Products Inspection Act (21 U.S.C. ss. 451 et seq.); or
  192  the Meat Inspection Act of March 4, 1967 (34 Stat. 1260), as
  193  amended and extended (21 U.S.C. ss. 71 et seq.).
  194         (o)(p) “Food establishment” means a factory, food outlet,
  195  or other facility manufacturing, processing, packing, holding,
  196  or preparing food or selling food at wholesale or retail. The
  197  term includes any establishment or section of an establishment
  198  at which food and food products are offered to the consumer and
  199  intended for off-premises consumption and any delicatessen that
  200  offers prepared food in bulk quantities only. The term does not
  201  include:
  202         1. A business or activity that is regulated under s.
  203  413.051, s. 500.80, chapter 509, or chapter 601;.
  204         2.The term includes tomato packinghouses and repackers but
  205  does not include any other Establishments, except for tomato
  206  packinghouses and repackers, that pack fruits and vegetables in
  207  their raw or natural states, including those fruits or
  208  vegetables that are washed, colored, or otherwise treated in
  209  their unpeeled, natural form before they are marketed; or
  210         3.Markets that offer only fresh fruits and fresh
  211  vegetables for sale.
  212         (q)“Food outlet” means any grocery store; convenience
  213  store; minor food outlet; meat, poultry, or fish and related
  214  aquatic food market; fruit or vegetable market; food warehouse;
  215  refrigerated storage facility; freezer locker; salvage food
  216  facility; or any other similar place storing or offering food
  217  for sale.
  218         (r)“Food service establishment” means any place where food
  219  is prepared and intended for individual portion service, and
  220  includes the site at which individual portions are provided. The
  221  term includes any such place regardless of whether consumption
  222  is on or off the premises and regardless of whether there is a
  223  charge for the food. The term includes delicatessens that offer
  224  prepared food in individual service portions. The term does not
  225  include schools, institutions, fraternal organizations, private
  226  homes where food is prepared or served for individual family
  227  consumption, retail food stores, the location of food vending
  228  machines, cottage food operations, and supply vehicles, nor does
  229  the term include a research and development test kitchen limited
  230  to the use of employees and which is not open to the general
  231  public.
  232         (p)(s) “Immediate container” does not include package
  233  liners.
  234         (q)(t) “Label” means a display of written, printed, or
  235  graphic matter upon the immediate container of any article. A
  236  requirement made by or under authority of this chapter that any
  237  word, statement, or other information appear on the label shall
  238  not be considered to be complied with unless such word,
  239  statement, or other information also appears on the outside
  240  container or wrapper, if there is any, of the retail package of
  241  such article or is easily legible through the outside container
  242  or wrapper.
  243         (r)(u) “Labeling” means all labels and other written,
  244  printed, or graphic matters:
  245         1. Upon an article or any of its containers or wrappers; or
  246         2. Accompanying such article.
  247         (s)(v) “Minor food outlet” means any food retail
  248  establishment that sells food groceries and may offer food
  249  service to the public, but neither business activity is a major
  250  retail function based on allocated space or gross sales.
  251         (t)(w) “Natural water” means bottled spring water, artesian
  252  well water, or well water that has not been altered with water
  253  from another source or that has not been modified by mineral
  254  addition or deletion, except for alteration that is necessary to
  255  treat the water through ozonation or an equivalent disinfection
  256  and filtration process.
  257         (u)(x) “Packaged ice” means ice that is enclosed in a
  258  container and is offered for sale for human consumption or for
  259  other use by the consumer. The term does not include ice that is
  260  manufactured by any business licensed under chapter 381 or
  261  chapter 509.
  262         (v)(y) “Packaged ice plant” means a food establishment in
  263  which packaged ice is manufactured or processed.
  264         (w)(z) “Pesticide chemical” means any substance that which,
  265  alone, in chemical combination, or in formulation with one or
  266  more other substances is a pesticide as defined in s. 487.021
  267  “pesticide” within the meaning of the Florida Pesticide Law,
  268  part I of chapter 487, and that which is used in the production,
  269  storage, or transportation of raw agricultural commodities.
  270         (x)(aa) “Raw agricultural commodity” means any food in its
  271  raw or natural state, including all fruits that are washed,
  272  colored, or otherwise treated in their unpeeled natural form
  273  before prior to marketing.
  274         (bb)“Retail food store” means any establishment or section
  275  of an establishment where food and food products are offered to
  276  the consumer and intended for off-premises consumption. The term
  277  includes delicatessens that offer prepared food in bulk
  278  quantities only. The term does not include establishments which
  279  handle only prepackaged, nonpotentially hazardous foods;
  280  roadside markets that offer only fresh fruits and fresh
  281  vegetables for sale; food service establishments; or food and
  282  beverage vending machines.
  283         (y)(cc) “Vehicle” means a mode of transportation or mobile
  284  carrier used to transport food from one location to another,
  285  including, but not limited to, carts, cycles, vans, trucks,
  286  cars, trains and railway transport, and aircraft and watercraft
  287  transport.
  288         Section 4. Subsection (1) of section 500.033, Florida
  289  Statutes, is amended to read:
  290         500.033 Florida Food Safety and Food Defense Advisory
  291  Council.—
  292         (1) There is created the Florida Food Safety and Food
  293  Defense Advisory Council for the purpose of serving as a forum
  294  for presenting, investigating, and evaluating issues of current
  295  importance to the assurance of a safe and secure food supply to
  296  the citizens of Florida. The Florida Food Safety and Food
  297  Defense Advisory Council shall consist of, but not be limited
  298  to: the Commissioner of Agriculture or his or her designee; the
  299  State Surgeon General or his or her designee; the Secretary of
  300  Business and Professional Regulation or his or her designee; the
  301  person responsible for domestic security with the Department of
  302  Law Enforcement; members representing the production,
  303  processing, distribution, and sale of foods; consumers or
  304  members of citizens groups; representatives of food industry
  305  groups; scientists or other experts in aspects of food safety
  306  from state universities; representatives from local, state, and
  307  federal agencies that are charged with responsibilities for food
  308  safety or food defense; and as ex officio members, the chairs of
  309  the Agriculture Committees of the Senate and the House of
  310  Representatives or their designees,; and the chairs of the
  311  committees of the Senate and the House of Representatives with
  312  jurisdictional oversight of home defense issues or their
  313  designees, and the person responsible for domestic security with
  314  the Department of Law Enforcement or his or her designee. The
  315  Commissioner of Agriculture shall appoint the remaining members.
  316  The council shall make periodic reports to the Department of
  317  Agriculture and Consumer Services concerning findings and
  318  recommendations in the area of food safety and food defense.
  319         Section 5. Paragraphs (a), (b), and (e) of subsection (1)
  320  and subsection (2) of section 500.12, Florida Statutes, are
  321  amended to read:
  322         500.12 Food permits; building permits.—
  323         (1)(a) A food permit from the department is required of any
  324  person who operates a food establishment or retail food store,
  325  except:
  326         1. Persons operating minor food outlets that sell food that
  327  is commercially prepackaged, not potentially hazardous, and not
  328  time or temperature controlled for safety, if the shelf space
  329  for those items does not exceed 12 total linear feet and no
  330  other food is sold by the minor food outlet.
  331         2. Persons subject to continuous, onsite federal or state
  332  inspection.
  333         3. Persons selling only legumes in the shell, either
  334  parched, roasted, or boiled.
  335         4. Persons selling sugar cane or sorghum syrup that has
  336  been boiled and bottled on a premise located within the state.
  337  Such bottles must contain a label listing the producer’s name
  338  and street address, all added ingredients, the net weight or
  339  volume of the product, and a statement that reads, “This product
  340  has not been produced in a facility permitted by the Florida
  341  Department of Agriculture and Consumer Services.”
  342         (b) Each food establishment and retail food store regulated
  343  under this chapter must apply for and receive a food permit
  344  before operation begins. An application for a food permit from
  345  the department must be accompanied by a fee in an amount
  346  determined by department rule. The department shall adopt by
  347  rule a schedule of fees to be paid by each food establishment
  348  and retail food store as a condition of issuance or renewal of a
  349  food permit. Such fees may not exceed $650 and shall be used
  350  solely for the recovery of costs for the services provided,
  351  except that the fee accompanying an application for a food
  352  permit for operating a bottled water plant may not exceed $1,000
  353  and the fee accompanying an application for a food permit for
  354  operating a packaged ice plant may not exceed $250. The fee for
  355  operating a bottled water plant or a packaged ice plant shall be
  356  set by rule of the department. Food permits are not transferable
  357  from one person or physical location to another. Food permits
  358  must be renewed annually on or before January 1. If an
  359  application for renewal of a food permit fee is not received in
  360  full by the department by January 1 within 30 days after its due
  361  date, a late fee not exceeding $100 must be paid in addition to
  362  the food permit fee before the department may issue the food
  363  permit. The moneys collected shall be deposited in the General
  364  Inspection Trust Fund.
  365         (e) The department is the exclusive regulatory and
  366  permitting authority for all food outlets, retail food stores,
  367  food establishments, convenience stores, and minor food outlets
  368  in accordance with this section. Application for a food permit
  369  must be made on forms provided by the department, which forms
  370  must also contain provision for application for registrations
  371  and permits issued by other state agencies and for collection of
  372  the food permit fee and any other fees associated with
  373  registration, licensing, or applicable surcharges. The details
  374  of the application shall be prescribed by department rule.
  375         (2) When any person applies for a building permit to
  376  construct, convert, or remodel any food establishment, food
  377  outlet, or retail food store, the authority issuing such permit
  378  shall make available to the applicant a printed statement,
  379  provided by the department, regarding the applicable sanitation
  380  requirements for such establishments. A building permitting
  381  authority, or municipality or county under whose jurisdiction a
  382  building permitting authority operates, may not be held liable
  383  for a food establishment, food outlet, or retail food store that
  384  does not comply with the applicable sanitation requirements due
  385  to failure of the building permitting authority to provide the
  386  information as provided in this subsection.
  387         (a) The department shall furnish, for distribution, a
  388  statement that includes the checklist to be used by the food
  389  inspector in any preoperational inspections to assure that the
  390  food establishment is constructed and equipped to meet the
  391  applicable sanitary guidelines. Such preoperational inspection
  392  shall be a prerequisite for obtaining a food permit in
  393  accordance with this section.
  394         (b) The department may provide assistance, when requested
  395  by the applicant, in the review of any construction or
  396  remodeling plans for food establishments. The department may
  397  charge a fee for such assistance which covers the cost of
  398  providing the assistance and which shall be deposited in the
  399  General Inspection Trust Fund for use in funding the food safety
  400  program.
  401         (c) A building permitting authority or other subdivision of
  402  local government may not require the department to approve
  403  construction or remodeling plans for food establishments and
  404  retail food stores as a condition of any permit or license at
  405  the local level.
  406         Section 6. Subsection (1) of section 500.121, Florida
  407  Statutes, is amended to read:
  408         500.121 Disciplinary procedures.—
  409         (1) In addition to the suspension procedures provided in s.
  410  500.12, if applicable, the department may impose an
  411  administrative fine in the Class II category pursuant to s.
  412  570.971 against any retail food store, food establishment, or
  413  cottage food operation that violates this chapter, which fine,
  414  when imposed and paid, shall be deposited by the department into
  415  the General Inspection Trust Fund. The department may revoke or
  416  suspend the permit of any such retail food store or food
  417  establishment if it is satisfied that the retail food store or
  418  food establishment has:
  419         (a) Violated this chapter.
  420         (b) Violated or aided or abetted in the violation of any
  421  law of this state governing or applicable to retail food stores
  422  or food establishments or any lawful rules of the department.
  423         (c) Knowingly committed, or been a party to, any material
  424  fraud, misrepresentation, conspiracy, collusion, trick, scheme,
  425  or device whereby another person, lawfully relying upon the
  426  word, representation, or conduct of a retail food store or food
  427  establishment, acts to her or his injury or damage.
  428         (d) Committed any act that or conduct of the same or
  429  different character than that enumerated which constitutes
  430  fraudulent or dishonest dealing.
  431         Section 7. Paragraph (a) of subsection (3) of section
  432  500.147, Florida Statutes, is amended to read:
  433         500.147 Inspection of food establishments, food records,
  434  and vehicles.—
  435         (3) For bottled water plants:
  436         (a) Bottled water must be from an approved source. Bottled
  437  water must be processed in conformance with 21 C.F.R. part 129
  438  (2018) (2006), and must conform to 21 C.F.R. part 165 (2018)
  439  (2006). A person operating a bottled water plant shall be
  440  responsible for all water sampling and analyses required by this
  441  chapter.
  442         Section 8. Subsection (10) is added to section 500.81,
  443  Florida Statutes, to read:
  444         500.81 Healthy Food Financing Initiative.—
  445         (10) This section is repealed on October 1, 2020.
  446         Section 9. Section 502.012, Florida Statutes, is amended to
  447  read:
  448         502.012 Definitions.—As used in this chapter, the term:
  449         (1)“Bulk milk hauler and sampler” means a person who
  450  collects official samples and may transport raw milk from a farm
  451  or raw milk products to or from a farm, milk plant, receiving
  452  station, or transfer station and has in his or her possession a
  453  permit to sample such products from any state regulatory agency
  454  charged in implementing the Grade “A” program.
  455         (2)(1) “Bulk milk pickup tanker” means a vehicle, including
  456  the truck and tank, and necessary attachments for its use, used
  457  by a bulk milk hauler and sampler to transport bulk raw milk for
  458  pasteurization, ultra-pasteurization, aseptic processing and
  459  packaging, or retort processing after packaging from a dairy
  460  farm to a milk plant, receiving station, or transfer station.
  461         (3)(2) “Dairy farm” means any place or premises where one
  462  or more lactating animals, such as cows, goats, sheep, water
  463  buffalo, camels, or other hooved mammals, are kept for milking
  464  purposes and from which a part or all of the milk is provided,
  465  sold, or offered for sale.
  466         (4)(3) “Department” means the Department of Agriculture and
  467  Consumer Services.
  468         (5)(4) “Frozen dessert” means a specific standardized
  469  frozen dessert described in 21 C.F.R. part 135 and any other
  470  food defined by rule of the department that resembles such
  471  standardized frozen dessert but does not conform to the specific
  472  description of such standardized frozen dessert in 21 C.F.R.
  473  part 135. The term includes, but is not limited to, a
  474  quiescently frozen confection, a quiescently frozen dairy
  475  confection, a frozen dietary dairy dessert, and a frozen dietary
  476  dessert.
  477         (6)(5) “Frozen desserts manufacturer” means a person who
  478  manufactures, processes, converts, partially freezes, or freezes
  479  any mix or frozen dessert for distribution or sale.
  480         (7)(6) “Frozen desserts plant” means any location or
  481  premises at which frozen desserts or mix are manufactured,
  482  processed, or frozen for distribution or sale at wholesale.
  483         (8)(7) “Frozen desserts retail establishment” means any
  484  location or premises, including a retail store, stand, hotel,
  485  boardinghouse, restaurant, vehicle, or mobile unit, at which
  486  frozen desserts are frozen, partially frozen, or dispensed for
  487  sale at retail.
  488         (9)(8) “Frozen dietary dairy dessert” or “frozen dietary
  489  dessert” means a food for any special dietary use, prepared by
  490  freezing, with or without agitation, and composed of a
  491  pasteurized mix that may contain fat, protein, carbohydrates,
  492  natural or artificial sweeteners, flavoring, stabilizers,
  493  emulsifiers, vitamins, and minerals.
  494         (10)(9) “Grade ‘A’ pasteurized milk ordinance” means the
  495  document entitled “Grade ‘A’ Pasteurized Milk Ordinance, United
  496  States Department of Health and Human Services, Public Health
  497  Service, Food and Drug Administration,” including all associated
  498  appendices, as adopted by department rule.
  499         (11)(10) “Imitation milk and imitation milk products” means
  500  those foods that have the physical characteristics, such as
  501  taste, flavor, body, texture, or appearance, of milk or milk
  502  products as defined in this chapter and the Grade “A”
  503  pasteurized milk ordinance but do not come within the definition
  504  of “milk” or “milk products” and are nutritionally inferior to
  505  the product imitated.
  506         (12)(11) “Milk” means the lacteal secretion, practically
  507  free from colostrum, obtained by the complete milking of one or
  508  more healthy cows, goats, sheep, water buffalo, camels, or other
  509  hooved mammals.
  510         (13)(12) “Milk distributor” means any person who offers for
  511  sale or sells to another person any milk or milk product.
  512         (14)(13) “Milk products” means products made with milk that
  513  is processed in some manner, including being whipped, acidified,
  514  cultured, concentrated, lactose-reduced, or sodium-reduced or
  515  aseptically processed, or having the addition or subtraction of
  516  milkfat, the addition of safe and suitable microbial organisms,
  517  or the addition of safe and suitable optional ingredients for
  518  protein, vitamin, or mineral fortification. “Milk products” do
  519  not include products such as evaporated milk, condensed milk,
  520  eggnog in a rigid metal container, dietary products, infant
  521  formula, or ice cream and other desserts.
  522         (15)(14) “Milkfat” or “butterfat” means the fat contained
  523  in milk.
  524         (16)(15) “Milk hauler” means any person who transports raw
  525  milk or raw milk products to or from a milk plant, receiving
  526  station, or transfer station.
  527         (17)(16) “Milk plant” means any place, premises, or
  528  establishment where milk or milk products are collected,
  529  handled, processed, stored, pasteurized, ultra-pasteurized,
  530  aseptically processed and packaged, retort processed after
  531  packaging, condensed, dried, packaged, bottled, or prepared for
  532  distribution.
  533         (18)(17) “Milk plant operator” means any person responsible
  534  for receiving, processing, pasteurizing, or packaging milk and
  535  milk products, or performing any other related operation.
  536         (19)(18) “Milk producer” means any person who operates a
  537  dairy farm and provides, sells, or offers for sale milk to a
  538  milk plant, receiving station, or transfer station.
  539         (20)(19) “Milk tank truck” means either a bulk milk pickup
  540  tanker or a milk transport tank.
  541         (21)(20) “Milk transport tank” means a vehicle, including
  542  the truck and tank, used by a bulk milk hauler and sampler or a
  543  milk hauler to transport bulk shipments of milk from a milk
  544  plant, receiving station, or transfer station to another milk
  545  plant, receiving station, or transfer station.
  546         (22)(21) “Quiescently frozen confection” means a clean and
  547  wholesome frozen, sweetened, flavored product that, while being
  548  frozen, was not stirred or agitated (generally known as
  549  quiescent freezing). The confection may be acidulated with food
  550  grade acid, may contain milk solids or water, or may be made
  551  with or without added harmless pure or imitation flavoring and
  552  with or without harmless coloring. The finished product must not
  553  contain more than 0.5 percent by weight of stabilizer composed
  554  of wholesome, edible material and must not contain less than 17
  555  percent by weight of total food solids. In the production of the
  556  confection, processing or mixing before quiescent freezing that
  557  develops in the finished confection mix any physical expansion
  558  in excess of 10 percent may not be used.
  559         (23)(22) “Quiescently frozen dairy confection” means a
  560  clean and wholesome frozen product made from water, milk
  561  products, and sugar, with added harmless pure or imitation
  562  flavoring, with or without added harmless coloring, with or
  563  without added stabilizer, or with or without added emulsifier,
  564  that, while being frozen, was not stirred or agitated (generally
  565  known as quiescent freezing). The confection must not contain
  566  less than 13 percent by weight of total milk solids, less than
  567  33 percent by weight of total food solids, more than 0.5 percent
  568  by weight of stabilizer, or more than 0.2 percent by weight of
  569  emulsifier. Stabilizer and emulsifier must be composed of
  570  wholesome, edible material. In the production of a quiescently
  571  frozen dairy confection, processing or mixing before quiescently
  572  freezing that develops in the finished confection mix any
  573  physical expansion in excess of 10 percent may not be used.
  574         (24)(23) “Raw milk” means unpasteurized, unprocessed milk.
  575         (25)(24) “Receiving station” means any place, premises, or
  576  establishment where raw milk is received, collected, handled,
  577  stored, or cooled and is prepared for further transporting.
  578         (26)“Reconstituted milk or milk products” or “recombined
  579  milk or milk products” means milk or milk products that result
  580  from reconstituting or recombining of milk constituents with
  581  potable water.
  582         (27)“Retail” means the sale of goods to the public for use
  583  or consumption rather than for resale.
  584         (28)(25) “Substitute milk and substitute milk products”
  585  means those foods that have the physical characteristics, such
  586  as taste, flavor, body, texture, or appearance, of milk or milk
  587  products as defined in this chapter and the Grade “A”
  588  pasteurized milk ordinance but do not come within the definition
  589  of “milk” or “milk products” and are nutritionally equivalent to
  590  the product for which they are substitutes.
  591         (29)(26) “Transfer station” means any place, premises, or
  592  establishment where milk or milk products are transferred
  593  directly from one milk tank truck to another.
  594         (30)“Ultra-pasteurization” means a thermal process by
  595  which milk or milk products are heated to 280 degrees Fahrenheit
  596  or above for at least 2 seconds, before or after packaging, to
  597  produce a milk or milk product that has an extended shelf-life
  598  under refrigerated conditions.
  599         (31)(27) “Washing station” means any place, premises, or
  600  establishment where milk tank trucks are cleaned and sanitized.
  601         (32)“Wholesale” means the selling of goods in quantity to
  602  be retailed by others.
  603         Section 10. Paragraph (a) of subsection (2) of section
  604  502.014, Florida Statutes, is amended to read:
  605         502.014 Powers and duties.—
  606         (2)(a) The department shall conduct onsite inspections of
  607  any facility used in the production, processing, and
  608  distribution of any milk or milk products under this chapter and
  609  shall collect samples of such products from such facilities for
  610  testing pursuant to dairy farms, milk plants, and frozen dessert
  611  plants and collect test samples of milk, milk products, and
  612  frozen desserts as required by this chapter.
  613         Section 11. Paragraph (b) of subsection (1), paragraph (d)
  614  of subsection (3), and paragraph (a) of subsection (4) of
  615  section 502.053, Florida Statutes, are amended to read:
  616         502.053 Permits and fees; requirements; exemptions;
  617  temporary permits.—
  618         (1) PERMITS.—
  619         (b) Each frozen dessert plant, whether located in the state
  620  or outside the state, that manufactures frozen desserts or other
  621  products defined in this chapter and offers these products at
  622  wholesale for sale in this state must apply to the department
  623  for a permit to operate. The application must be submitted on
  624  forms prescribed by the department. All frozen dessert permits
  625  expire on June 30 of each year.
  626         (3) REQUIREMENTS.—
  627         (d)Each frozen dessert plant permitholder must report
  628  monthly, quarterly, semiannually, or annually, as required by
  629  the department, the number of gallons of frozen dessert or
  630  frozen dessert mix sold or manufactured by the permitholder in
  631  this state.
  632         (4) EXEMPTIONS.—
  633         (a) The following persons are shall be exempt from bulk
  634  milk hauler and sampler permit requirements:
  635         1. Milk producers who transport milk or milk products only
  636  from their own dairy farms.
  637         2. Employees of a milk distributor or milk plant operator
  638  who possesses a valid permit.
  639         3. Drivers of bulk milk tank trucks between locations who
  640  do not collect milk from farms.
  641         Section 12. Subsections (1) and (4) of section 502.181,
  642  Florida Statutes, are amended to read:
  643         502.181 Prohibited acts.—It is unlawful for any person in
  644  this state to:
  645         (1) Engage in the business of producing, hauling,
  646  transferring, receiving, processing, packaging, or distributing
  647  milk, milk products, or frozen desserts or operating a washing
  648  station, manufacturing single-service containers, or
  649  manufacturing imitation or substitute milk or milk products, or
  650  testing for milkfat content, without first obtaining a permit or
  651  license from the department.
  652         (4)Repasteurize milk.
  653         Section 13. Subsection (4) of section 570.441, Florida
  654  Statutes, is amended to read:
  655         570.441 Pest Control Trust Fund.—
  656         (4) In addition to the uses authorized under subsection
  657  (2), moneys collected or received by the department under
  658  chapter 482 may be used to carry out the provisions of s.
  659  570.44. This subsection expires June 30, 2024 2019.
  660         Section 14. Subsection (1) of section 570.93, Florida
  661  Statutes, is amended to read:
  662         570.93 Department of Agriculture and Consumer Services;
  663  agricultural water conservation and agricultural water supply
  664  planning.—
  665         (1) The department shall establish an agricultural water
  666  conservation program that includes the following:
  667         (a) A cost-share program, coordinated where appropriate
  668  with the United States Department of Agriculture and other
  669  federal, state, regional, and local agencies when appropriate,
  670  for irrigation system retrofit and application of mobile
  671  irrigation laboratory evaluations and for water conservation and
  672  as provided in this section and, where applicable, for water
  673  quality improvement pursuant to s. 403.067(7)(c).
  674         (b) The development and implementation of voluntary interim
  675  measures or best management practices, adopted by rule, which
  676  provide for increased efficiencies in the use and management of
  677  water for agricultural production. In the process of developing
  678  and adopting rules for interim measures or best management
  679  practices, the department shall consult with the Department of
  680  Environmental Protection and the water management districts.
  681  Such rules may also include a system to ensure assure the
  682  implementation of the practices, including recordkeeping
  683  requirements. As new information regarding efficient
  684  agricultural water use and management becomes available, the
  685  department shall reevaluate and revise as needed, the interim
  686  measures or best management practices as needed. The interim
  687  measures or best management practices may include irrigation
  688  retrofit, implementation of mobile irrigation laboratory
  689  evaluations and recommendations, water resource augmentation,
  690  and integrated water management systems for drought management
  691  and flood control and should, to the maximum extent practicable,
  692  be designed to qualify for regulatory incentives and other
  693  incentives, as determined by the agency having applicable
  694  statutory authority.
  695         (c) Provision of assistance to the water management
  696  districts in the development and implementation, to the extent
  697  practicable, of a consistent, to the extent practicable,
  698  methodology for the efficient allocation of water for
  699  agricultural irrigation.
  700         Section 15. Subsection (1) of section 590.02, Florida
  701  Statutes, is amended to read:
  702         590.02 Florida Forest Service; powers, authority, and
  703  duties; liability; building structures; Withlacoochee Training
  704  Center.—
  705         (1) The Florida Forest Service has the following powers,
  706  authority, and duties to:
  707         (a) Enforce the provisions of this chapter;
  708         (b) Prevent, detect, and suppress wildfires wherever they
  709  may occur on public or private land in this state and do all
  710  things necessary in the exercise of such powers, authority, and
  711  duties;
  712         (c) Provide firefighting crews, who shall be under the
  713  control and direction of the Florida Forest Service and its
  714  designated agents;
  715         (d) Appoint center managers, forest area supervisors,
  716  forestry program administrators, a forest protection bureau
  717  chief, a forest protection assistant bureau chief, a field
  718  operations bureau chief, deputy chiefs of field operations,
  719  district managers, forest operations administrators, senior
  720  forest rangers, investigators, forest rangers, firefighter
  721  rotorcraft pilots, and other employees who may, at the Florida
  722  Forest Service’s discretion, be certified as forestry
  723  firefighters pursuant to s. 633.408(8). Other law
  724  notwithstanding, center managers, district managers, forest
  725  protection assistant bureau chief, and deputy chiefs of field
  726  operations have Selected Exempt Service status in the state
  727  personnel designation;
  728         (e) Develop a training curriculum for wildland forestry
  729  firefighters which must contain at least 40 hours of structural
  730  firefighter training, at least 40 hours of emergency medical
  731  training, and at least 376 the basic volunteer structural fire
  732  training course approved by the Florida State Fire College of
  733  the Division of State Fire Marshal and a minimum of 250 hours of
  734  wildfire training;
  735         (f) Pay the cost of the initial commercial driver license
  736  examination fee for those employees whose position requires them
  737  to operate equipment requiring a license. This paragraph is
  738  intended to be an authorization to the department to pay such
  739  costs, not an obligation;
  740         (g) Provide fire management services and emergency response
  741  assistance and set and charge reasonable fees for performance of
  742  those services. Moneys collected from such fees shall be
  743  deposited into the Incidental Trust Fund of the Florida Forest
  744  Service;
  745         (h) Require all state, regional, and local government
  746  agencies operating aircraft in the vicinity of an ongoing
  747  wildfire to operate in compliance with the applicable state
  748  Wildfire Aviation Plan;
  749         (i) Authorize broadcast burning, prescribed burning, pile
  750  burning, and land clearing debris burning to carry out the
  751  duties of this chapter and the rules adopted thereunder; and
  752         (j) Make rules to accomplish the purposes of this chapter.
  753         Section 16. Subsection (16) is added to section 595.404,
  754  Florida Statutes, to read:
  755         595.404 School food and other nutrition programs; powers
  756  and duties of the department.—The department has the following
  757  powers and duties:
  758         (16)To adopt and implement an exemption, variance, and
  759  waiver process by rule, as required by federal regulations, for
  760  sponsors of the programs implemented pursuant to this chapter,
  761  notwithstanding s. 120.542.
  762         Section 17. Paragraph (d) of subsection (1) of section
  763  633.406, Florida Statutes, is amended to read:
  764         633.406 Classes of certification.—
  765         (1) The division may award one or more of the following
  766  certificates:
  767         (d) Wildland Firefighter Forestry Certificate of
  768  Compliance.—A Wildland Firefighter Forestry Certificate of
  769  Compliance may be awarded to a person who has satisfactorily
  770  complied with a training program and successfully passed an
  771  examination as prescribed by rule, and who possesses the
  772  qualifications established in s. 590.02(1)(e).
  773         Section 18. Subsection (8) of section 633.408, Florida
  774  Statutes, is amended to read:
  775         633.408 Firefighter and volunteer firefighter training and
  776  certification.—
  777         (8)(a) Pursuant to s. 590.02(1)(e), the division shall
  778  establish a structural fire training program of at least 40 not
  779  less than 206 hours. The division shall issue to a person
  780  satisfactorily complying with this training program and who has
  781  successfully passed an examination as prescribed by the division
  782  and who has met the requirements of s. 590.02(1)(e), a Wildland
  783  Firefighter Forestry Certificate of Compliance.
  784         (b) An individual who holds a current and valid Wildland
  785  Firefighter Forestry Certificate of Compliance is entitled to
  786  the same rights, privileges, and benefits provided for by law as
  787  a firefighter.
  788         Section 19. Section 828.261, Florida Statutes, is created
  789  to read:
  790         828.261Ongoing horse care covenants.—
  791         (1)Notwithstanding any other provision of law, a contract
  792  for the sale of a horse may include a covenant for the
  793  continuing care of the horse, subject to the following
  794  provisions:
  795         (a)The obligations under the covenant may be satisfied by
  796  a third-party provider who is contractually obligated to provide
  797  continuing care for the horse upon its retirement, for an
  798  actuarially appropriate charge, which is not subject to chapter
  799  624.
  800         (b)The covenant is valid and annexed to the horse, runs
  801  with the horse, and is binding and enforceable upon all future
  802  purchasers, if notice is provided pursuant to paragraph (c).
  803         (c)Written notice of the covenant must be provided to all
  804  purchasers before a sale and must be acknowledged in writing by
  805  all such purchasers before consummation of the sale of a covered
  806  horse.
  807         (d)The covenant must include liability for liquidated
  808  damages for a purchaser’s failure to comply with the covenant.
  809         (e)The covenant must include the ability of an owner to
  810  retire the horse into the care of the third-party provider under
  811  the covenant.
  812         (f)A third-party provider who is contracted to provide the
  813  continuing care of a horse under the covenant shall, at a
  814  minimum, comply with the American Association of Equine
  815  Practitioners care guidelines for equine rescue and retirement
  816  facilities.
  817         (2)An owner is not required to put in place a covenant for
  818  the continuing care of a horse and a purchaser is not required
  819  to purchase a horse that is subject to such a covenant.
  820         (3)This section does not create any covenants that annex
  821  to or travel with any other chattel.
  822         Section 20. This act shall take effect July 1, 2019.