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:

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  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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  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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  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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  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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  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

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  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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