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





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4165

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  The Committee on Finance & Taxation offered the following:

12

13         Amendment (with title amendment) 

14         On page 5, between lines 24-25 of the bill

15

16  insert:

17         Section 9.   Paragraph (p) is added to subsection (1)

18  of section 500.11, Florida Statutes, to read:

19         500.11  Food deemed misbranded.--

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

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

22  directly thereon or on its container the official inspection

23  legend as required by the United States Department of

24  Agriculture and, unrestricted by any other provision of this

25  section, such other information as the department may require

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

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

28  handling required to maintain the product in a wholesome

29  condition.

30         Section 10.   Section 570.50, Florida Statutes, is

31  amended to read:

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4165

    Amendment No.     (for drafter's use only)





 1         570.50  Division of Food Safety; powers and

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

 3  but are not limited to:

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

 5  rules adopted under that chapter, relating to the inspection

 6  of meat and the antemortem and postmortem inspection of

 7  poultry.

 8         (1)(2)  Conducting those general inspection activities

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

10  offered for sale in this state and enforcing those provisions

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

12  relating to foods as authorized by the department.

13         (2)(3)  Analyzing samples of foods offered for sale in

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

15  586, and 601.

16         (3)(4)  Investigating, evaluating, and developing new

17  or improved methodology to enhance the analytical capability

18  and efficiency of all divisional laboratories and performing

19  other related analyses as deemed necessary.

20         (4)(5)  Analyzing food and feed samples offered for

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

22  adulteration sections of chapters 500 and 580.

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

24  Statutes, is amended to read:

25         570.51  Director; qualifications; duties.--

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

27  coordinate the activities of the division and enforce the

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

29  601 and any other chapter necessary to carry out the

30  responsibilities of the division.

31         Section 12.   Sections 585.89 and 585.92, Florida

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4165

    Amendment No.     (for drafter's use only)





 1  Statutes, are renumbered as sections 571.41 and 571.42,

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

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

 4         571.41 585.89  Beef and pork; prohibition on purchase;

 5  bid specifications; penalty.--

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

 7  inspected by the United States Department of Agriculture or

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

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

10  political subdivision, school district, or special district

11  for consumption in this state or for distribution for

12  consumption in this state. Bid invitations issued by any

13  agency of the state or of any municipality, political

14  subdivision, school district, or special district for the

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

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

17  States Department of Agriculture or the department will be

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

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

20  supplied is either domestic or complies with this subsection.

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

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

23  municipality, political subdivision, school district, or

24  special district using state or local funds shall include the

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

26  products shall be granted preference as allowed by Section

27  287.082, Florida Statutes."

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

29  violated the provisions of this section shall be personally

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

31  violation of the provisions of this section.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4165

    Amendment No.     (for drafter's use only)





 1         571.42 585.92  All American and Genuine Florida meat or

 2  meat products.--Each slaughterhouse or meatpacking or

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

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

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

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

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

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

 9         Section 13.  Subsection (3) of section 828.22, Florida

10  Statutes, is amended to read:

11         828.22  Humane slaughter requirement.--

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

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

14  of any person or group.  Notwithstanding any other provision

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

16  slaughter and the handling or other preparation of livestock

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

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

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

20         Section 14.   Section 877.05, Florida Statutes, is

21  amended to read:

22         877.05  Killing young veal for sale; penalty;

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

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

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

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

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

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

29  calves slaughtered on the premises of meat packing or

30  slaughtering establishments operating under state or federal

31  meat inspection supervision.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4165

    Amendment No.     (for drafter's use only)





 1         Section 15.  Sections 205.1951, 585.70, 585.71,

 2  585.715, 585.72, 585.73, 585.74, 585.75, 585.76, 585.77,

 3  585.78, 585.79, 585.80, 585.81, 585.82, 585.83, 585.84,

 4  585.85, 585.86, 585.87, 585.88, 585.90, 585.902, 585.903,

 5  585.904, 585.91, 585.93, 585.96, 828.24, 828.25, and 877.06,

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

 7  828.23 and subsection (2) of section 828.26, Florida Statutes,

 8  are repealed.

 9

10

11  ================ T I T L E   A M E N D M E N T ===============

12  And the title is amended as follows:

13         On page 1, line 27

14

15  insert after the semicolon:

16   amending s. 500.11, F.S.; specifying conditions for

17  misbranding of animal products; amending ss. 570.50 and

18  570.51, F.S.; deleting powers and duties of the Division of

19  Food Safety of the Department of Agriculture and Consumer

20  Services relating to certain animal and animal product

21  inspection; amending and transferring ss. 585.89 and 585.92,

22  F.S., to ch. 571, F.S., relating to prohibitions on purchase

23  of beef and pork, specifications for bid invitations,

24  penalties, and labeling requirements; conforming provisions;

25  amending s. 828.22, F.S.; correcting a cross reference;

26  amending s. 877.05, F.S., relating to the killing of young

27  veal for sale; conforming provisions; repealing s. 205.1951,

28  F.S., relating to the issuance of a grant of inspection or a

29  custom animal slaughtering or processing establishment permit;

30  repealing part III of ch. 585, F.S., relating to animal and

31  animal product inspection and labeling; repealing ss.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4165

    Amendment No.     (for drafter's use only)





 1  828.23(5) and (6), 828.24, 828.25, and 828.26(2), F.S.,

 2  relating to definitions of terms "packer" and "stockyard,"

 3  prohibited acts, department administration, and penalties

 4  pertaining to slaughter of livestock; repealing s. 877.06,

 5  F.S., relating to labeling of beef not slaughtered according

 6  to state or United States standards;

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