HB 1679

1
A bill to be entitled
2An act relating to food store and food establishment
3safety; amending s. 500.12, F.S.; revising existing
4operating restrictions in an exception to certain food
5permit requirements; amending s. 500.121, F.S.;
6authorizing the Department of Agriculture and Consumer
7Services to prohibit certain food establishments from
8selling food under certain circumstances; providing an
9effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Paragraph (a) of subsection (1) of section
14500.12, Florida Statutes, is amended to read:
15     500.12  Food permits; building permits.--
16     (1)(a)  A food permit from the department is required of
17any person who operates a food establishment or retail food
18store, except:
19     1.  Persons operating minor food outlets, including, but
20not limited to, video stores, that sell commercially
21prepackaged, nonpotentially hazardous, nonperishable food candy,
22chewing gum, soda, or popcorn, provided the floor shelf space
23used to display and store for those food items does not exceed
24200 square 12 linear feet, including food storage areas, and
25provided no other food is sold, stored, processed, or served by
26the minor food outlet.
27     2.  Persons subject to continuous, onsite federal or state
28inspection.
29     3.  Persons selling only legumes in the shell, either
30parched, roasted, or boiled.
31     Section 2.  Subsection (1) of section 500.121, Florida
32Statutes, is amended to read:
33     500.121  Disciplinary procedures.--
34     (1)  In addition to the suspension procedures provided in
35s. 500.12, the department may impose a fine not exceeding $5,000
36against any retail food store or food establishment that has
37violated this chapter, which fine, when imposed and paid, shall
38be deposited by the department into the General Inspection Trust
39Fund. The department may revoke or suspend the permit of any
40such retail food store or food establishment, or prohibit any
41food establishment exempted from the permitting requirement
42under s. 500.12(1)(a) from selling food, if it is satisfied that
43the retail food store or food establishment has:
44     (a)  Violated any of the provisions of this chapter.
45     (b)  Violated or aided or abetted in the violation of any
46law of this state governing or applicable to retail food stores
47or food establishments or any lawful rules of the department.
48     (c)  Knowingly committed, or been a party to, any material
49fraud, misrepresentation, conspiracy, collusion, trick, scheme,
50or device whereby any other person, lawfully relying upon the
51word, representation, or conduct of a retail food store or food
52establishment, acts to her or his injury or damage.
53     (d)  Committed any act or conduct of the same or different
54character than that enumerated which constitutes fraudulent or
55dishonest dealing.
56     Section 3.  This act shall take effect upon becoming a law.


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