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1999 Florida Statutes
Inspections, stop-sale orders, condemnation, and destruction of animal products.
585.90 Inspections, stop-sale orders, condemnation, and destruction of animal products.--
(1) The department shall have free access at all reasonable hours to inspect and investigate animal products; any establishment used to prepare, store, or sell animal products; or any vehicle used to transport or hold animal products to determine compliance with this part and rules of the department.
(2) When the department finds or has reason to believe that any animal product is in violation of this part or a rule of the department, it may issue and enforce a stop-sale order. This order gives notice that the product is or is believed to be in violation; has been detained; and warns all persons not to remove, use, or dispose of such product by sale or otherwise by penalty of law until permission for removal, use, or disposal is granted by the department.
(3) When an animal product has been detained under subsection (2), the department may, within a reasonable period of time, petition the circuit court for an order of condemnation of the product. When the department is satisfied that compliance with this part has been effected, it shall issue a written release notice to the owner or custodian of the product.
(4) If the court finds that the detained animal product is in violation of this part, the product shall, after entry of the decree, be destroyed at the expense of the claimant under the supervision of the department. All court costs, fees, storage, and other proper expenses shall be levied against the claimant of such product or his or her agent. However, if the violation can be corrected by proper labeling of the product and after costs, fees, and expenses have been paid, the court may order that the product be delivered to the claimant for proper labeling under the supervision of the department. The expense of the supervision shall be paid by the claimant.
(5) The department shall condemn or destroy any animal product that is misbranded, adulterated, or unwholesome.
History.--s. 63, ch. 90-321; s. 33, ch. 92-180; s. 47, ch. 94-180; s. 938, ch. 97-103.