The Florida Senate

503.031  Powers of department.--The department may:

(1)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement and enforce the provisions of this chapter. The rules must, to the extent possible, conform to applicable federal requirements.

(2)  Inspect frozen desserts and frozen dessert plants and license frozen dessert plants to handle and process mix and to manufacture frozen desserts. Inspections must be based on the frequency and severity of a violation. However, the department must comply with all federal requirements governing inspections.

(3)  Require a licensee to keep appropriate books and records.

(4)  Issue stop-sale orders on any frozen dessert when sold or offered for sale in violation of this chapter or applicable rules. It is unlawful to remove any stop-sale order or dispose of a product to which a stop-sale order is attached without authority of the department or order of court.

(5)  Require frozen desserts to be labeled with an accurate ingredient legend and appropriate designated terminology.

(6)  Prohibit any person from advertising, packaging, labeling, selling, or offering for sale, or causing to be advertised, packaged, labeled, sold, or offered for sale, any frozen dessert the advertising, packaging, or labeling of which contains any assertion, representation, or statement that is untrue, deceptive, or misleading.

(7)  Issue temporary marketing permits for frozen desserts that resemble but do not conform to the provisions of "definition and standards of identity for frozen desserts," United States Food and Drug Administration, 21 C.F.R. part 135 (1990).

History.--s. 2, ch. 69-398; ss. 14, 35, ch. 69-106; ss. 1, 2, ch. 73-318; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 3, 5, 6, ch. 83-12; s. 3, ch. 91-190; ss. 2, 6, 7, ch. 93-67; s. 15, ch. 94-92; s. 175, ch. 98-200.