Senate Bill 1944

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    Florida Senate - 1998                                  SB 1944

    By Senator Thomas





    3-1073A-98

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Agriculture and Consumer Services; creating s.

  4         535.08, F.S.; providing a prohibition against

  5         the administration of medications to

  6         thoroughbred horses prior to sale; providing an

  7         exception and certain requirements; providing

  8         for testing; providing penalties; amending s.

  9         535.11, F.S., relating to prohibition against

10         administration of drugs to horses; providing a

11         definition; creating s. 585.147, F.S.;

12         requiring a permit for transporting or hauling

13         certain animals or animal products; requiring

14         fees; providing vehicle and container

15         requirements; amending s. 216.181, F.S.,

16         relating to approved budgets; exempting the

17         Department of Agriculture and Consumer Services

18         from certain restrictions on lump-sum salary

19         bonuses; amending s. 500.09, F.S.; authorizing

20         the department to perform certain laboratory

21         services relating to food safety and establish

22         fees therefor; amending s. 500.121, F.S.;

23         adding new disciplinary procedures for food

24         establishments operating without a permit or

25         with a suspended or revoked permit; providing a

26         penalty; amending s. 570.07, F.S.; authorizing

27         an employees' benefit fund; amending s.

28         570.952, F.S.; revising membership of the

29         Florida Agriculture Center and Horse Park

30         Authority; amending s. 571.25, F.S.; changing

31         the registration date for membership in the

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  1         Florida Agricultural Promotional Campaign;

  2         amending s. 581.031, F.S.; providing duties of

  3         the department relating to a commercial citrus

  4         inventory; amending s. 581.131, F.S.; raising

  5         the cap on nursery and nursery stock dealer

  6         certificate of registration and renewal fees;

  7         amending s. 500.11, F.S.; specifying conditions

  8         for animal products to be considered

  9         misbranded; amending ss. 570.50, 570.51, F.S.;

10         deleting powers and duties of the Division of

11         Food Safety of the Department of Agriculture

12         and Consumer Services relating to certain

13         animal and animal product inspection; amending

14         and transferring ss. 585.89, 585.92, F.S.,

15         relating to prohibitions on purchase of beef

16         and pork, specifications for bid invitations,

17         penalties, and labeling requirements;

18         conforming provisions; amending s. 828.22,

19         F.S.; correcting a cross-reference; amending s.

20         877.05, F.S., relating to the killing of young

21         veal for sale; conforming provisions; repealing

22         s. 205.1951, F.S., relating to the issuance of

23         a grant of inspection or a custom animal

24         slaughtering or processing establishment

25         permit; repealing ss. 585.70, 585.88, 585.90,

26         585.91, 585.93, 585.96, F.S., relating to

27         animal and animal product inspection and

28         labeling; repealing ss. 828.23(5) and (6),

29         828.24, 828.25, 828.26(2), F.S., relating to

30         definitions of terms "packer" and "stockyard,"

31         prohibited acts, department administration, and

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  1         penalties pertaining to slaughter of livestock;

  2         repealing s. 877.06, F.S., relating to labeling

  3         of beef not slaughtered according to state or

  4         United States standards; repealing s. 102, ch.

  5         92-291, Laws of Florida, relating to review and

  6         repeal of ss. 500.12, 500.121, F.S.; providing

  7         an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Section 535.08, Florida Statutes, is

12  created to read:

13         535.08  Thoroughbred sales; administration of

14  medications prior to sale; testing.--

15         (1)  No person shall administer to any thoroughbred

16  horse offered for public sale at a thoroughbred horse sale any

17  substance that is recognized as an injectable, oral, or

18  topical medication within 72 hours of the start of the sale

19  session in which the thoroughbred horse is offered for sale

20  unless the person is a licensed veterinarian and the

21  medication is therapeutic or necessary for the treatment or

22  prevention of an illness or injury.

23         (2)  The administration of any such medication must be

24  reported to the sales organization on a form provided for this

25  purpose by the sales organization, signed by the attending

26  veterinarian, which shall set forth the following information:

27         (a)  Identification of the medication, amount, and

28  strength.

29         (b)  The date and time of administration.

30         (c)  Identification of the horse's name, age, sex, and

31  entry number.

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  1         (d)  The reason for administration.

  2

  3  The form must be filed with the sales organization no later

  4  than 12 hours after administration or 1 hour before the start

  5  of the sales session in which the thoroughbred horse is

  6  offered for sale, whichever would require the earlier filing.

  7  The sales organization shall make all such forms available to

  8  the public, and the availability of this information shall be

  9  publicized in any applicable sales catalogue.

10         (3)(a)  The state veterinarian, or any veterinarian

11  designated by the department, may administer a blood test to

12  any thoroughbred horse offered or sold at a thoroughbred horse

13  sale for the purpose of determining if the horse has been

14  administered a substance in violation of subsection (1). Such

15  a test shall be performed at the request of the purchaser of

16  any thoroughbred horse sold, if the purchaser makes such a

17  request before taking physical possession of the animal and

18  within 24 hours of the time of sale. The purchaser shall be

19  solely responsible for the cost of the test, and payment shall

20  be made to the sales organization. The sales organization

21  shall then remit the cost of these tests to the department.

22         (b)  One-half of any such blood sample shall be

23  delivered for initial testing to the official laboratory

24  approved by the department. The other half of the blood sample

25  shall be stored for possible followup testing for a period of

26  not less than 2 weeks after receipt of the initial test

27  results.

28         (c)  The seller may request followup testing in

29  response to any positive test result within 48 hours after

30  receiving actual notice of such a result. The seller shall be

31  solely responsible for the cost of any followup testing. Upon

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  1  request of the seller, the original laboratory and an

  2  additional laboratory selected by the seller and approved by

  3  the state veterinarian shall test the stored sample.

  4         (d)  If initial testing reveals that a horse has been

  5  administered a substance in violation of subsection (1) and

  6  followup testing by both laboratories confirms this conclusion

  7  or the seller does not request such testing within the 48-hour

  8  period provided, the consignor must accept return of the horse

  9  as unsold.

10         (4)(a)  Any person who violates subsection (1) commits

11  a misdemeanor of the second degree, punishable as provided in

12  ss. 775.082 and 775.083. For a second or subsequent offense,

13  such person commits a misdemeanor of the first degree,

14  punishable as provided in ss. 775.082 and 775.083.

15         (b)  In addition to the penalties provided in paragraph

16  (a), any person convicted of a violation of subsection (1)

17  shall be barred from showing, exhibiting, or offering for sale

18  at a public sale any horse in this state for a period of 2

19  years from the date of the conviction.

20         Section 2.  Subsection (1) of section 535.11, Florida

21  Statutes, is amended to read:

22         535.11  Prohibition against administration of drugs;

23  testing; search powers of department; penalties.--

24         (1)  As used in this section, the term:

25         (a)  "Stimulant" means any medication that stimulates

26  the circulatory, respiratory, or central nervous system.

27         (a)(b)  "Depressant" means any medication that

28  depresses the circulatory, respiratory, or central nervous

29  system.

30         (b)(c)  "Forbidden substance" means any stimulant,

31  depressant, tranquilizer, analgesic, local anesthetic,

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  1  steroidal or nonsteroidal anti-inflammatory drug, or drug or

  2  drug metabolite that could affect the performance of a horse.

  3  The term includes any substance, regardless of how harmless or

  4  innocuous, which could interfere in detecting the presence of

  5  a stimulant, depressant, tranquilizer, analgesic, local

  6  anesthetic, steroidal or nonsteroidal anti-inflammatory drug,

  7  or drug or drug metabolite that could affect the performance

  8  of a horse.

  9         (c)  "Horse show," "horse exhibition," or "horse sale"

10  means any event in which horses compete for awards, prizes,

11  points, ribbons, or money or are made available for public

12  sale other than through a public sale of thoroughbred horses

13  that requires licensing under s. 535.01.

14         (d)  "Stimulant" means any medication that stimulates

15  the circulatory, respiratory, or central nervous system.

16         (e)(d)  "Trainer" means any adult who has the

17  responsibility for the care, training, custody, or performance

18  of a horse.  Such person may be an owner, rider, agent, or

19  coach, as well as a trainer.

20         Section 3.  Section 585.147, Florida Statutes, is

21  created to read:

22         585.147  Permit for transporting or hauling certain

23  animals or animal products; fees; vehicle and container

24  requirements.--

25         (1)  No person shall engage in the business of

26  transporting or hauling any dead, dying, disabled, or diseased

27  animal, any product of an animal that died other than by

28  slaughter, or any inedible animal product not meant for human

29  consumption without having first applied for, and obtained

30  from the department, a permit, which shall expire on June 30

31

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  1  of each year. The department shall collect an annual fee of

  2  $200 for the permit.

  3         (2)  All vehicles used in the transportation of

  4  carcasses or refuse on public highways shall be of such

  5  construction as to prevent seepage or residue from escaping.

  6         (3)  All barrels or other containers used for

  7  transportation and storage of carcasses or refuse shall be

  8  clearly marked "INEDIBLE" with letters not less than 2 inches

  9  in height.

10         Section 4.  Paragraph (b) of subsection (10) of section

11  216.181, Florida Statutes, is amended to read:

12         216.181  Approved budgets for operations and fixed

13  capital outlay.--

14         (10)

15         (b)  Lump-sum salary bonuses may be provided only if

16  specifically appropriated. This paragraph shall not apply to

17  the Department of Agriculture and Consumer Services.

18         Section 5.  Subsections (6) and (7) are added to

19  section 500.09, Florida Statutes, to read:

20         500.09  Rulemaking; analytical work.--

21         (6)  The department may perform laboratory services

22  relating to, or having potential impact on, food safety or the

23  compliance of food with the requirements of this chapter for

24  any person or public agency.

25         (7)  The department may establish and collect

26  reasonable fees for laboratory services performed pursuant to

27  subsection (6). Such fees shall be deposited in the

28  department's General Inspection Trust Fund and shall be used

29  solely for the recovery of costs for the services provided.

30         Section 6.  Subsection (5) is added to section 500.121,

31  Florida Statutes, to read:

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  1         500.121  Disciplinary procedures.--

  2         (5)  The department shall post a prominent

  3  closed-for-operation sign on any food establishment that has

  4  had its permit suspended or revoked. The department shall also

  5  post such a sign on any establishment judicially or

  6  administratively determined to be operating without a permit.

  7  It is a misdemeanor of the second degree, punishable as

  8  provided in s. 775.082 or s. 775.083, for any person to deface

  9  or remove such closed-for-operation sign or for any food

10  establishment to open for operation without a permit or to

11  open for operation while its permit is suspended or revoked.

12  The department may impose administrative sanctions for

13  violations of this subsection.

14         Section 7.  Subsection (34) is added to section 570.07,

15  Florida Statutes, to read:

16         570.07  Department of Agriculture and Consumer

17  Services; functions, powers, and duties.--The department shall

18  have and exercise the following functions, powers, and duties:

19         (34)  To adopt policies creating, and providing for the

20  operation of, an employees' benefit fund.

21         Section 8.  Paragraph (a) of subsection (2) of section

22  570.952, Florida Statutes, is amended to read:

23         570.952  Florida Agriculture Center and Horse Park

24  Authority.--

25         (2)  The authority shall be composed of 23 members

26  appointed by the commissioner.

27         (a)  Members shall include:

28         1.  One citizen-at-large, who shall represent the views

29  of the general public toward agriculture and equine activities

30  in the state.

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  1         2.  One representative from the Department of

  2  Agriculture and Consumer Services.

  3         3.  One representative from Enterprise Florida, Inc the

  4  Department of Commerce.

  5         4.  One representative from the Department of

  6  Environmental Protection, Office of Greenways Management.

  7         5.  One member of the Ocala/Marion County Chamber of

  8  Commerce.

  9         6.  One public/private partnership expert.

10         7.  One member of a private environmental organization.

11         8.  One fruit and vegetable grower.

12         9.  One citrus grower.

13         10.  One commercial feed producer.

14         11.  One livestock/cattle breeder.

15         12.  One quarter horse breeder.

16         13.  One thoroughbred horse breeder.

17         14.  One standardbred horse breeder.

18         15.  One Arabian horse breeder.

19         16.  One color breeds Appaloosa horse breeder.

20         17.  One licensed veterinarian.

21         18.  One Paso Fino paint horse breeder.

22         19.  One ornamental or nursery stock grower.

23         20.  One representative from the horse show industry.

24         21.  One representative from the horse sport industry.

25         22.  One representative from the horse trailriders

26  industry.

27         23.  One representative from the Board of County

28  Commissioners of Marion County.

29         Section 9.  Subsection (1) of section 571.25, Florida

30  Statutes, is amended to read:

31         571.25  Registration and fees.--

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  1         (1)  Any person who participates in the Florida

  2  Agricultural Promotional Campaign shall register annually with

  3  the department in a form and manner as required by the

  4  department. Each person shall renew his or her their

  5  registration on the anniversary date of his or her original

  6  membership by July 1 of each year.

  7         Section 10.  Subsection (31) is added to section

  8  581.031, Florida Statutes, to read:

  9         581.031  Department; powers and duties.--The department

10  has the following powers and duties:

11         (31)  To conduct, assist, or cooperate with others in

12  conducting a commercial citrus inventory and to expend funds

13  therefor as may be deposited in the Plant Industry Trust Fund

14  for such purposes.

15         Section 11.  Subsection (6) of section 581.131, Florida

16  Statutes, is amended to read:

17         581.131  Certificate of registration.--

18         (6)  Neither the certificate of registration fee nor

19  the annual renewal fee shall exceed $600 $460.  The department

20  may exempt from the payment of a certificate fee those

21  governmental agency nurseries whose nursery stock is used

22  exclusively for planting on their own property.

23         Section 12.  Paragraph (p) is added to subsection (1)

24  of section 500.11, Florida Statutes, to read:

25         500.11  Food deemed misbranded.--

26         (1)  A food is deemed to be misbranded:

27         (p)  If it is an animal product that fails to have

28  directly thereon or on its container the official inspection

29  legend as required by the United States Department of

30  Agriculture and, unrestricted by any other provision of this

31  section, such other information as the department requires to

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  1  ensure that it shall not have false or misleading labeling and

  2  that the public is informed of the manner of handling required

  3  to maintain the product in a wholesome condition.

  4         Section 13.  Section 570.50, Florida Statutes, is

  5  amended to read:

  6         570.50  Division of Food Safety; powers and

  7  duties.--The duties of the Division of Food Safety include,

  8  but are not limited to:

  9         (1)  Enforcing those provisions of chapter 585, and the

10  rules adopted under that chapter, relating to the inspection

11  of meat and the antemortem and postmortem inspection of

12  poultry.

13         (1)(2)  Conducting those general inspection activities

14  relating to food and food products being processed, held, or

15  offered for sale in this state and enforcing those provisions

16  of chapters 500, 501, 502, 503, 531, 583, 585, 586, and 601

17  relating to foods as authorized by the department.

18         (2)(3)  Analyzing samples of foods offered for sale in

19  this state as required under chapters 500, 501, 502, 503, 585,

20  586, and 601.

21         (3)(4)  Investigating, evaluating, and developing new

22  or improved methodology to enhance the analytical capability

23  and efficiency of all divisional laboratories and performing

24  other related analyses as deemed necessary.

25         (4)(5)  Analyzing food and feed samples offered for

26  sale in the state for chemical residues as required under the

27  adulteration sections of chapters 500 and 580.

28         Section 14.  Subsection (2) of section 570.51, Florida

29  Statutes, is amended to read:

30         570.51  Director; qualifications; duties.--

31

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  1         (2)  The director shall supervise, direct, and

  2  coordinate the activities of the division and enforce the

  3  provisions of chapters 500, 501, 502, 503, 531, 583, 585, and

  4  601 and any other chapter necessary to carry out the

  5  responsibilities of the division.

  6         Section 15.  Sections 585.89 and 585.92, Florida

  7  Statutes, are renumbered as sections 571.41 and 571.42,

  8  respectively, designated as part III of chapter 571, Florida

  9  Statutes, entitled "Miscellaneous," and amended to read:

10         571.41 585.89  Beef and pork; prohibition on purchase;

11  bid specifications; penalty.--

12         (1)  Fresh or frozen beef or pork that has not been

13  inspected by the United States Department of Agriculture or

14  the department shall not be purchased, or caused to be

15  purchased, by any agency of the state or of any municipality,

16  political subdivision, school district, or special district

17  for consumption in this state or for distribution for

18  consumption in this state. Bid invitations issued by any

19  agency of the state or of any municipality, political

20  subdivision, school district, or special district for the

21  purchase of fresh or frozen beef or pork must specify that

22  only beef or pork inspected and passed by either the United

23  States Department of Agriculture or the department will be

24  accepted. The supplier or vendor shall certify on the invoice

25  that the fresh or frozen beef or pork or imported beef or pork

26  supplied is either domestic or complies with this subsection.

27         (2)  All bid invitations for purchase of fresh or

28  frozen meats of any kind by any agency of the state or of any

29  municipality, political subdivision, school district, or

30  special district using state or local funds shall include the

31  words: " 'All American' and 'Genuine Florida' meats or meat

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  1  products shall be granted preference as allowed by Section

  2  287.082, Florida Statutes."

  3         (3)  Any person who knowingly violates or causes to be

  4  violated the provisions of this section shall be personally

  5  liable to the affected public agency for any funds spent in

  6  violation of the provisions of this section.

  7         571.42 585.92  All American and Genuine Florida meat or

  8  meat products.--Each slaughterhouse or meatpacking or

  9  processing plant in the state or other person vending any meat

10  or meat product, the meat of which is entirely produced in the

11  United States, may label such meat or meat product "All

12  American", and any such vendor selling any such meat or meat

13  product, the meat of which is entirely produced in the state,

14  may label such meat or meat product "Genuine Florida."

15         Section 16.  Subsection (3) of section 828.22, Florida

16  Statutes, is amended to read:

17         828.22  Humane slaughter requirement.--

18         (3)  Nothing in this act shall be construed to

19  prohibit, abridge, or in any way hinder the religious freedom

20  of any person or group.  Notwithstanding any other provision

21  of this act, in order to protect freedom of religion, ritual

22  slaughter and the handling or other preparation of livestock

23  for ritual slaughter are exempted from the terms of this act.

24  For the purposes of this action the term "ritual slaughter"

25  means slaughter in accordance with s. 828.23(5)(b) s.

26  828.23(7)(b).

27         Section 17.  Section 877.05, Florida Statutes, is

28  amended to read:

29         877.05  Killing young veal for sale; penalty;

30  exception.--Whoever kills or causes to be killed for the

31  purpose of sale, any calf less than 4 weeks old, and knowingly

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  1  sells, or has in his or her possession with intent to sell,

  2  the meat of any calf killed when less than 4 weeks old, shall

  3  be guilty of a misdemeanor of the second degree, punishable as

  4  provided in s. 775.083.  This section shall not apply to

  5  calves slaughtered on the premises of meat packing or

  6  slaughtering establishments operating under state or federal

  7  meat inspection supervision.

  8         Section 18.  Sections 205.1951, 585.70, 585.71,

  9  585.715, 585.72, 585.73, 585.74, 585.75, 585.76, 585.77,

10  585.78, 585.79, 585.80, 585.81, 585.82, 585.83, 585.84,

11  585.85, 585.86, 585.87, 585.88, 585.90, 585.902, 585.903,

12  585.904, 585.91, 585.93, 585.96, 828.24, 828.25, and 877.06,

13  Florida Statutes, and subsections (5) and (6) of section

14  828.23 and subsection (2) of section 828.26, Florida Statutes,

15  are repealed.

16         Section 19.  Section 102 of chapter 92-291, Laws of

17  Florida, is repealed.

18         Section 20.  This act shall take effect upon becoming a

19  law.

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  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3    Provides a prohibition against the administration of
      medications to thoroughbred horses prior to sale.
  4    Provides an exception and certain requirements. Requires
      a permit and permit fee for transporting or hauling
  5    certain animals or animal products. Provides vehicle and
      container requirements.
  6

  7    Provides the following with respect to the Department of
      Agriculture and Consumer Services:  exempts the
  8    department from certain restrictions on lump sum salary
      bonuses; authorizes the department to perform certain
  9    laboratory services relating to food safety and establish
      fees therefor; adds new disciplinary procedures and
10    penalties relating to food establishments operating
      without a permit or with a suspended or revoked permit;
11    authorizes an employees' benefit fund; revises membership
      of the Florida Agriculture Center and Horse Park
12    Authority; changes certain registration dates; provides
      duties relating to a commercial citrus inventory; and
13    raises the cap on nursery and nursery stock dealer
      certificate of registration and renewal fees. Repeals
14    provisions relating to review and repeal of certain food
      permit provisions.
15

16    With respect to animals and animal products, specifies
      conditions for misbranding of animal products, repeals
17    provisions relating to labeling and animal product
      inspection by the Department of Agriculture and Consumer
18    Services, and repeals certain provisions relating to
      department inspection of the slaughter of livestock.
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