House Bill 4079

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 1998                HB 4079

        By the Committee on Agriculture and Representative Bronson






  1                      A bill to be entitled

  2         An act relating to animals and animal products;

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

  4         for misbranding of animal products; amending

  5         ss. 570.50 and 570.51, F.S.; deleting powers

  6         and duties of the Division of Food Safety of

  7         the Department of Agriculture and Consumer

  8         Services relating to certain animal and animal

  9         product inspection; amending and transferring

10         ss. 585.89 and 585.92, F.S., to ch. 571, F.S.,

11         relating to prohibitions on purchase of beef

12         and pork, specifications for bid invitations,

13         penalties, and labeling requirements;

14         conforming provisions; amending s. 828.22,

15         F.S.; correcting a cross reference; amending s.

16         877.05, F.S., relating to the killing of young

17         veal for sale; conforming provisions; repealing

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

19         a grant of inspection or a custom animal

20         slaughtering or processing establishment

21         permit; repealing part III of ch. 585, F.S.,

22         relating to animal and animal product

23         inspection and labeling; repealing ss.

24         828.23(5) and (6), 828.24, 828.25, and

25         828.26(2), F.S., relating to definitions of

26         terms "packer" and "stockyard," prohibited

27         acts, department administration, and penalties

28         pertaining to slaughter of livestock; repealing

29         s. 877.06, F.S., relating to labeling of beef

30         not slaughtered according to state or United

31         States standards; providing an effective date.

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    Florida House of Representatives - 1998                HB 4079

    188-538-98






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

  2

  3         Section 1.  Paragraph (p) is added to subsection (1) of

  4  section 500.11, Florida Statutes, to read:

  5         500.11  Food deemed misbranded.--

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

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

  8  directly thereon or on its container the official inspection

  9  legend as required by the United States Department of

10  Agriculture and, unrestricted by any other provision of this

11  section, such other information as the department may require

12  to ensure that it shall not have false or misleading labeling

13  and that the public shall be informed of the manner of

14  handling required to maintain the product in a wholesome

15  condition.

16         Section 2.  Section 570.50, Florida Statutes, is

17  amended to read:

18         570.50  Division of Food Safety; powers and

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

20  but are not limited to:

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

22  rules adopted under that chapter, relating to the inspection

23  of meat and the antemortem and postmortem inspection of

24  poultry.

25         (1)(2)  Conducting those general inspection activities

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

27  offered for sale in this state and enforcing those provisions

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

29  relating to foods as authorized by the department.

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    Florida House of Representatives - 1998                HB 4079

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  1         (2)(3)  Analyzing samples of foods offered for sale in

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

  3  586, and 601.

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

  5  or improved methodology to enhance the analytical capability

  6  and efficiency of all divisional laboratories and performing

  7  other related analyses as deemed necessary.

  8         (4)(5)  Analyzing food and feed samples offered for

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

10  adulteration sections of chapters 500 and 580.

11         Section 3.  Subsection (2) of section 570.51, Florida

12  Statutes, is amended to read:

13         570.51  Director; qualifications; duties.--

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

15  coordinate the activities of the division and enforce the

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

17  601 and any other chapter necessary to carry out the

18  responsibilities of the division.

19         Section 4.  Sections 585.89 and 585.92, Florida

20  Statutes, are renumbered as sections 571.41 and 571.42,

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

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

23         571.41 585.89  Beef and pork; prohibition on purchase;

24  bid specifications; penalty.--

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

26  inspected by the United States Department of Agriculture or

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

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

29  political subdivision, school district, or special district

30  for consumption in this state or for distribution for

31  consumption in this state. Bid invitations issued by any

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    Florida House of Representatives - 1998                HB 4079

    188-538-98






  1  agency of the state or of any municipality, political

  2  subdivision, school district, or special district for the

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

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

  5  States Department of Agriculture or the department will be

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

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

  8  supplied is either domestic or complies with this subsection.

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

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

11  municipality, political subdivision, school district, or

12  special district using state or local funds shall include the

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

14  products shall be granted preference as allowed by Section

15  287.082, Florida Statutes."

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

17  violated the provisions of this section shall be personally

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

19  violation of the provisions of this section.

20         571.42 585.92  All American and Genuine Florida meat or

21  meat products.--Each slaughterhouse or meatpacking or

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

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

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

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

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

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

28         Section 5.  Subsection (3) of section 828.22, Florida

29  Statutes, is amended to read:

30         828.22  Humane slaughter requirement.--

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    Florida House of Representatives - 1998                HB 4079

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

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

  3  of any person or group.  Notwithstanding any other provision

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

  5  slaughter and the handling or other preparation of livestock

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

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

  8  means slaughter in accordance with s. 828.23(5)(b)(7)(b).

  9         Section 6.  Section 877.05, Florida Statutes, is

10  amended to read:

11         877.05  Killing young veal for sale; penalty;

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

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

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

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

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

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

18  calves slaughtered on the premises of meat packing or

19  slaughtering establishments operating under state or federal

20  meat inspection supervision.

21         Section 7.  Sections 205.1951, 585.70, 585.71, 585.715,

22  585.72, 585.73, 585.74, 585.75, 585.76, 585.77, 585.78,

23  585.79, 585.80, 585.81, 585.82, 585.83, 585.84, 585.85,

24  585.86, 585.87, 585.88, 585.90, 585.902, 585.903, 585.904,

25  585.91, 585.93, 585.96, 828.24, 828.25, and 877.06, Florida

26  Statutes, and subsections (5) and (6) of section 828.23 and

27  subsection (2) of section 828.26, Florida Statutes, are

28  repealed.

29         Section 8.  This act shall take effect upon becoming a

30  law.

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    Florida House of Representatives - 1998                HB 4079

    188-538-98






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  2                          HOUSE SUMMARY

  3
      With respect to animals and animal products, specifies
  4    conditions for misbranding of animal products, repeals
      provisions relating to labeling and animal and animal
  5    product inspection by the Department of Agriculture and
      Consumer Services, and repeals certain provisions
  6    relating to department inspection of the slaughter of
      livestock.
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