Senate Bill 1944e1
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SB 1944 First Engrossed
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 for a tolerance or test
9 for medications and depressants; providing
10 penalties; amending s. 535.11, F.S., relating
11 to prohibition against administration of drugs
12 to horses; providing a definition; creating s.
13 585.147, F.S.; requiring a permit for
14 transporting or hauling certain animals or
15 animal products; providing vehicle and
16 container requirements; amending s. 500.09,
17 F.S.; authorizing the department to perform
18 certain laboratory services relating to food
19 safety and establish fees therefor; amending s.
20 500.121, F.S.; adding new disciplinary
21 procedures for food establishments operating
22 without a permit or with a suspended or revoked
23 permit; providing a penalty; amending s.
24 570.07, F.S.; authorizing an employees' benefit
25 fund; amending s. 570.952, F.S.; revising
26 membership of the Florida Agriculture Center
27 and Horse Park Authority; amending s. 571.25,
28 F.S.; changing the registration date for
29 membership in the Florida Agricultural
30 Promotional Campaign; amending s. 581.031,
31 F.S.; providing duties of the department
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SB 1944 First Engrossed
1 relating to a commercial citrus inventory;
2 amending s. 500.11, F.S.; specifying conditions
3 for animal products to be considered
4 misbranded; amending ss. 570.50, 570.51, F.S.;
5 deleting powers and duties of the Division of
6 Food Safety of the Department of Agriculture
7 and Consumer Services relating to certain
8 animal and animal product inspection; amending
9 and transferring ss. 585.89, 585.92, F.S.,
10 relating to prohibitions on purchase of beef
11 and pork, specifications for bid invitations,
12 penalties, and labeling requirements;
13 conforming provisions; amending s. 828.22,
14 F.S.; correcting a cross-reference; amending s.
15 877.05, F.S., relating to the killing of young
16 veal for sale; conforming provisions; repealing
17 s. 205.1951, F.S., relating to the issuance of
18 a grant of inspection or a custom animal
19 slaughtering or processing establishment
20 permit; repealing ss. 585.70, 585.88, 585.90,
21 585.91, 585.93, 585.96, F.S., relating to
22 animal and animal product inspection and
23 labeling; repealing ss. 828.23(5) and (6),
24 828.24, 828.25, 828.26(2), F.S., relating to
25 definitions of terms "packer" and "stockyard,"
26 prohibited acts, department administration, and
27 penalties pertaining to slaughter of livestock;
28 repealing s. 877.06, F.S., relating to labeling
29 of beef not slaughtered according to state or
30 United States standards; repealing s. 102, ch.
31 92-291, Laws of Florida, relating to review and
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SB 1944 First Engrossed
1 repeal of ss. 500.12, 500.121, F.S.; providing
2 an effective date.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Section 535.08, Florida Statutes, is
7 created to read:
8 535.08 Thoroughbred sales; administration of
9 medications prior to sale; testing.--
10 (1) No person shall administer to any thoroughbred
11 horse offered for licensed public sale at a thoroughbred horse
12 sale any substance that is recognized as an injectable, oral,
13 or topical medication within 72 hours of the start of the sale
14 session in which the thoroughbred horse is offered for sale
15 unless the person is a licensed veterinarian and the
16 medication is therapeutic or necessary for the treatment or
17 prevention of an illness or injury.
18 (2) The administration of any such medication must be
19 reported to the sales organization on a form provided for this
20 purpose by the sales organization, signed by the attending
21 veterinarian, which shall set forth the following information:
22 (a) Identification of the medication, amount, and
23 strength.
24 (b) The date and time of administration.
25 (c) Identification of the horse's name, age, sex, and
26 entry number.
27 (d) The reason for administration.
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29 The form must be filed with the sales organization no later
30 than 12 hours after administration or 1 hour before the start
31 of the sales session in which the thoroughbred horse is
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SB 1944 First Engrossed
1 offered for sale, whichever would require the earlier filing.
2 The sales organization shall make all such forms available to
3 the public, and the availability of this information shall be
4 publicized in any applicable sales catalogue.
5 (3)(a) The state veterinarian, or any veterinarian
6 designated by the department, may collect a blood sample from
7 any thoroughbred horse offered or sold at a licensed
8 thoroughbred horse sale for the purpose of determining if the
9 horse has been administered a substance in violation of
10 subsection (1). Such a test shall be performed at the request
11 of the purchaser of any thoroughbred horse sold, if the
12 purchaser makes such a request before taking physical
13 possession of the animal and within 24 hours of the time of
14 sale. The purchaser shall be solely responsible for the cost
15 of the test, and payment shall be made to the sales
16 organization. The sales organization shall then remit the cost
17 of these tests to the department.
18 (b) Any such blood sample shall be delivered for
19 initial testing to an official laboratory approved by the
20 department. One-half of any such blood sample shall be used
21 for initial testing and the remaining one-half shall be stored
22 for possible follow-up testing for a period of not less than 2
23 weeks after receipt of the initial test results.
24 (c) The seller may request followup testing in
25 response to any positive test result within 48 hours after
26 receiving actual notice of such a result. The seller shall be
27 solely responsible for the cost of any followup testing. Upon
28 request of the seller, the original laboratory and an
29 additional laboratory selected by the seller and approved by
30 the state veterinarian shall test the stored sample.
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SB 1944 First Engrossed
1 (d) If initial testing reveals that a horse has been
2 administered a substance in violation of subsection (1) and
3 followup testing by both laboratories confirms this conclusion
4 or the seller does not request such testing within the 48-hour
5 period provided, the consignor must accept return of the horse
6 as unsold.
7 (e) The department shall by rule, establish those
8 medications and depressants for which a tolerance may be set
9 that, if found in the blood sample, may be construed to be
10 forbidden substances; shall establish procedures for the
11 collection, handling, and storage of blood samples; and shall
12 specify the type of test to be used. Until such time that a
13 tolerance or test is established, a zero tolerance will be
14 enforced.
15 (4)(a) Any person who violates subsection (1) commits
16 a misdemeanor of the second degree, punishable as provided in
17 ss. 775.082 and 775.083. For a second or subsequent offense,
18 such person commits a misdemeanor of the first degree,
19 punishable as provided in ss. 775.082 and 775.083.
20 (b) In addition to the penalties provided in paragraph
21 (a), any person convicted of a violation of subsection (1)
22 shall be barred from showing, exhibiting, or offering for sale
23 at a licensed public sale any horse in this state for a period
24 of 2 years from the date of the conviction.
25 Section 2. Subsection (1) of section 535.11, Florida
26 Statutes, is amended to read:
27 535.11 Prohibition against administration of drugs;
28 testing; search powers of department; penalties.--
29 (1) As used in this section, the term:
30 (a) "Stimulant" means any medication that stimulates
31 the circulatory, respiratory, or central nervous system.
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SB 1944 First Engrossed
1 (a)(b) "Depressant" means any medication that
2 depresses the circulatory, respiratory, or central nervous
3 system.
4 (b)(c) "Forbidden substance" means any stimulant,
5 depressant, tranquilizer, analgesic, local anesthetic,
6 steroidal or nonsteroidal anti-inflammatory drug, or drug or
7 drug metabolite that could affect the performance of a horse.
8 The term includes any substance, regardless of how harmless or
9 innocuous, which could interfere in detecting the presence of
10 a stimulant, depressant, tranquilizer, analgesic, local
11 anesthetic, steroidal or nonsteroidal anti-inflammatory drug,
12 or drug or drug metabolite that could affect the performance
13 of a horse.
14 (c) "Horse show," "horse exhibition," or "horse sale"
15 means any event in which horses compete for awards, prizes,
16 points, ribbons, or money or are made available for public
17 sale other than through a public sale of thoroughbred horses
18 that requires licensing under s. 535.01.
19 (d) "Stimulant" means any medication that stimulates
20 the circulatory, respiratory, or central nervous system.
21 (e)(d) "Trainer" means any adult who has the
22 responsibility for the care, training, custody, or performance
23 of a horse. Such person may be an owner, rider, agent, or
24 coach, as well as a trainer.
25 Section 3. Section 585.147, Florida Statutes, is
26 created to read:
27 585.147 Permit for transporting or hauling certain
28 animals or animal products; fees; vehicle and container
29 requirements.--
30 (1) No person shall engage in the business of
31 transporting or hauling any dead, dying, disabled, or diseased
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SB 1944 First Engrossed
1 animal, any product of an animal that died other than by
2 slaughter, or any inedible animal product not meant for human
3 consumption without having first applied for, and obtained
4 from the department, a permit, which shall expire on June 30
5 of each year.
6 (2) All vehicles used in the transportation of
7 carcasses or refuse on public highways shall be of such
8 construction as to prevent seepage or residue from escaping.
9 (3) All barrels or other containers used for
10 transportation and storage of carcasses or refuse shall be
11 clearly marked "INEDIBLE" with letters not less than 2 inches
12 in height.
13 Section 4. Subsections (6) and (7) are added to
14 section 500.09, Florida Statutes, to read:
15 500.09 Rulemaking; analytical work.--
16 (6) The department may perform laboratory services
17 relating to, or having potential impact on, food safety or the
18 compliance of food with the requirements of this chapter for
19 any person or public agency.
20 (7) The department may establish and collect
21 reasonable fees for laboratory services performed pursuant to
22 subsection (6). Such fees shall be deposited in the
23 department's General Inspection Trust Fund and shall be used
24 solely for the recovery of costs for the services provided.
25 Section 5. Subsection (5) is added to section 500.121,
26 Florida Statutes, to read:
27 500.121 Disciplinary procedures.--
28 (5) The department shall post a prominent
29 closed-for-operation sign on any food establishment that has
30 had its permit suspended or revoked. The department shall also
31 post such a sign on any establishment judicially or
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SB 1944 First Engrossed
1 administratively determined to be operating without a permit.
2 It is a misdemeanor of the second degree, punishable as
3 provided in s. 775.082 or s. 775.083, for any person to deface
4 or remove such closed-for-operation sign or for any food
5 establishment to open for operation without a permit or to
6 open for operation while its permit is suspended or revoked.
7 The department may impose administrative sanctions for
8 violations of this subsection.
9 Section 6. Subsection (34) is added to section 570.07,
10 Florida Statutes, to read:
11 570.07 Department of Agriculture and Consumer
12 Services; functions, powers, and duties.--The department shall
13 have and exercise the following functions, powers, and duties:
14 (34) To adopt policies creating, and providing for the
15 operation of, an employees' benefit fund.
16 Section 7. Paragraph (a) of subsection (2) of section
17 570.952, Florida Statutes, is amended to read:
18 570.952 Florida Agriculture Center and Horse Park
19 Authority.--
20 (2) The authority shall be composed of 23 members
21 appointed by the commissioner.
22 (a) Members shall include:
23 1. One citizen-at-large, who shall represent the views
24 of the general public toward agriculture and equine activities
25 in the state.
26 2. One representative from the Department of
27 Agriculture and Consumer Services.
28 3. One representative from Enterprise Florida, Inc the
29 Department of Commerce.
30 4. One representative from the Department of
31 Environmental Protection, Office of Greenways Management.
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SB 1944 First Engrossed
1 5. One member of the Ocala/Marion County Chamber of
2 Commerce.
3 6. One public/private partnership expert.
4 7. One member of a private environmental organization.
5 8. One fruit and vegetable grower.
6 9. One citrus grower.
7 10. One commercial feed producer.
8 11. One livestock/cattle breeder.
9 12. One quarter horse breeder.
10 13. One thoroughbred horse breeder.
11 14. One standardbred horse breeder.
12 15. One Arabian horse breeder.
13 16. One color breeds Appaloosa horse breeder.
14 17. One licensed veterinarian.
15 18. One Paso Fino paint horse breeder.
16 19. One ornamental or nursery stock grower.
17 20. One representative from the horse show industry.
18 21. One representative from the horse sport industry.
19 22. One representative from the horse trailriders
20 industry.
21 23. One representative from the Board of County
22 Commissioners of Marion County.
23 Section 8. Subsection (1) of section 571.25, Florida
24 Statutes, is amended to read:
25 571.25 Registration and fees.--
26 (1) Any person who participates in the Florida
27 Agricultural Promotional Campaign shall register annually with
28 the department in a form and manner as required by the
29 department. Each person shall renew his or her their
30 registration on the anniversary date of his or her original
31 membership by July 1 of each year.
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SB 1944 First Engrossed
1 Section 9. Subsection (31) is added to section
2 581.031, Florida Statutes, to read:
3 581.031 Department; powers and duties.--The department
4 has the following powers and duties:
5 (31) To conduct, assist, or cooperate with others in
6 conducting a commercial citrus inventory and to expend funds
7 therefor as may be deposited in the Plant Industry Trust Fund
8 for such purposes.
9 Section 10. Paragraph (p) is added to subsection (1)
10 of section 500.11, Florida Statutes, to read:
11 500.11 Food deemed misbranded.--
12 (1) A food is deemed to be misbranded:
13 (p) If it is an animal product that fails to have
14 directly thereon or on its container the official inspection
15 legend as required by the United States Department of
16 Agriculture and, unrestricted by any other provision of this
17 section, such other information as the department requires to
18 ensure that it shall not have false or misleading labeling and
19 that the public is informed of the manner of handling required
20 to maintain the product in a wholesome condition.
21 Section 11. Section 570.50, Florida Statutes, is
22 amended to read:
23 570.50 Division of Food Safety; powers and
24 duties.--The duties of the Division of Food Safety include,
25 but are not limited to:
26 (1) Enforcing those provisions of chapter 585, and the
27 rules adopted under that chapter, relating to the inspection
28 of meat and the antemortem and postmortem inspection of
29 poultry.
30 (1)(2) Conducting those general inspection activities
31 relating to food and food products being processed, held, or
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SB 1944 First Engrossed
1 offered for sale in this state and enforcing those provisions
2 of chapters 500, 501, 502, 503, 531, 583, 585, 586, and 601
3 relating to foods as authorized by the department.
4 (2)(3) Analyzing samples of foods offered for sale in
5 this state as required under chapters 500, 501, 502, 503, 585,
6 586, and 601.
7 (3)(4) Investigating, evaluating, and developing new
8 or improved methodology to enhance the analytical capability
9 and efficiency of all divisional laboratories and performing
10 other related analyses as deemed necessary.
11 (4)(5) Analyzing food and feed samples offered for
12 sale in the state for chemical residues as required under the
13 adulteration sections of chapters 500 and 580.
14 Section 12. Subsection (2) of section 570.51, Florida
15 Statutes, is amended to read:
16 570.51 Director; qualifications; duties.--
17 (2) The director shall supervise, direct, and
18 coordinate the activities of the division and enforce the
19 provisions of chapters 500, 501, 502, 503, 531, 583, 585, and
20 601 and any other chapter necessary to carry out the
21 responsibilities of the division.
22 Section 13. Sections 585.89 and 585.92, Florida
23 Statutes, are renumbered as sections 571.41 and 571.42,
24 respectively, designated as part III of chapter 571, Florida
25 Statutes, entitled "Miscellaneous," and amended to read:
26 571.41 585.89 Beef and pork; prohibition on purchase;
27 bid specifications; penalty.--
28 (1) Fresh or frozen beef or pork that has not been
29 inspected by the United States Department of Agriculture or
30 the department shall not be purchased, or caused to be
31 purchased, by any agency of the state or of any municipality,
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SB 1944 First Engrossed
1 political subdivision, school district, or special district
2 for consumption in this state or for distribution for
3 consumption in this state. Bid invitations issued by any
4 agency of the state or of any municipality, political
5 subdivision, school district, or special district for the
6 purchase of fresh or frozen beef or pork must specify that
7 only beef or pork inspected and passed by either the United
8 States Department of Agriculture or the department will be
9 accepted. The supplier or vendor shall certify on the invoice
10 that the fresh or frozen beef or pork or imported beef or pork
11 supplied is either domestic or complies with this subsection.
12 (2) All bid invitations for purchase of fresh or
13 frozen meats of any kind by any agency of the state or of any
14 municipality, political subdivision, school district, or
15 special district using state or local funds shall include the
16 words: " 'All American' and 'Genuine Florida' meats or meat
17 products shall be granted preference as allowed by Section
18 287.082, Florida Statutes."
19 (3) Any person who knowingly violates or causes to be
20 violated the provisions of this section shall be personally
21 liable to the affected public agency for any funds spent in
22 violation of the provisions of this section.
23 571.42 585.92 All American and Genuine Florida meat or
24 meat products.--Each slaughterhouse or meatpacking or
25 processing plant in the state or other person vending any meat
26 or meat product, the meat of which is entirely produced in the
27 United States, may label such meat or meat product "All
28 American", and any such vendor selling any such meat or meat
29 product, the meat of which is entirely produced in the state,
30 may label such meat or meat product "Genuine Florida."
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SB 1944 First Engrossed
1 Section 14. Subsection (3) of section 828.22, Florida
2 Statutes, is amended to read:
3 828.22 Humane slaughter requirement.--
4 (3) Nothing in this act shall be construed to
5 prohibit, abridge, or in any way hinder the religious freedom
6 of any person or group. Notwithstanding any other provision
7 of this act, in order to protect freedom of religion, ritual
8 slaughter and the handling or other preparation of livestock
9 for ritual slaughter are exempted from the terms of this act.
10 For the purposes of this action the term "ritual slaughter"
11 means slaughter in accordance with s. 828.23(5)(b) s.
12 828.23(7)(b).
13 Section 15. Section 877.05, Florida Statutes, is
14 amended to read:
15 877.05 Killing young veal for sale; penalty;
16 exception.--Whoever kills or causes to be killed for the
17 purpose of sale, any calf less than 4 weeks old, and knowingly
18 sells, or has in his or her possession with intent to sell,
19 the meat of any calf killed when less than 4 weeks old, shall
20 be guilty of a misdemeanor of the second degree, punishable as
21 provided in s. 775.083. This section shall not apply to
22 calves slaughtered on the premises of meat packing or
23 slaughtering establishments operating under state or federal
24 meat inspection supervision.
25 Section 16. Sections 205.1951, 585.70, 585.71,
26 585.715, 585.72, 585.73, 585.74, 585.75, 585.76, 585.77,
27 585.78, 585.79, 585.80, 585.81, 585.82, 585.83, 585.84,
28 585.85, 585.86, 585.87, 585.88, 585.90, 585.902, 585.903,
29 585.904, 585.91, 585.93, 585.96, 828.24, 828.25, and 877.06,
30 Florida Statutes, and subsections (5) and (6) of section
31
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SB 1944 First Engrossed
1 828.23 and subsection (2) of section 828.26, Florida Statutes,
2 are repealed.
3 Section 17. Section 102 of chapter 92-291, Laws of
4 Florida, is repealed.
5 Section 18. This act shall take effect upon becoming a
6 law.
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