Senate Bill sb1886

    Florida Senate - 2004                                  SB 1886

    By the Committee on Agriculture





    303-841C-04

  1                      A bill to be entitled

  2         An act relating to food safety; amending s.

  3         500.12, F.S.; revising provisions exempting the

  4         operator of a minor food outlet from the

  5         requirement to obtain a food permit from the

  6         Department of Agriculture and Consumer

  7         Services; providing for the exemption to be

  8         based on the amount of floor space used to

  9         display and store food items rather than the

10         amount of shelf space used for food items;

11         amending s. 500.121, F.S.; authorizing the

12         department to prohibit a food establishment

13         from selling food if the establishment is

14         exempt from the requirement to obtain a food

15         permit and has violated certain laws or rules;

16         providing an effective date.

17  

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

19  

20         Section 1.  Paragraph (a) of subsection (1) of section

21  500.12, Florida Statutes, is amended to read:

22         500.12  Food permits; building permits.--

23         (1)(a)  A food permit from the department is required

24  of any person who operates a food establishment or retail food

25  store, except:

26         1.  Persons operating minor food outlets, including,

27  but not limited to, video stores, which that sell commercially

28  prepackaged, nonpotentially-hazardous, nonperishable food, if

29  the floor nonpotentially hazardous candy, chewing gum, soda,

30  or popcorn, provided the shelf space used to display and store

31  for those food items does not exceed 200 square 12 linear

                                  1

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






    Florida Senate - 2004                                  SB 1886
    303-841C-04




 1  feet, including food storage areas, and if no other food is

 2  sold, stored, processed, or served by the minor food outlet.

 3         2.  Persons subject to continuous, onsite federal or

 4  state inspection.

 5         3.  Persons selling only legumes in the shell, either

 6  parched, roasted, or boiled.

 7         Section 2.  Subsection (1) of section 500.121, Florida

 8  Statutes, is amended to read:

 9         500.121  Disciplinary procedures.--

10         (1)  In addition to the suspension procedures provided

11  in s. 500.12, the department may impose a fine not exceeding

12  $5,000 against any retail food store or food establishment

13  that has violated this chapter, which fine, when imposed and

14  paid, shall be deposited by the department into the General

15  Inspection Trust Fund. The department may revoke or suspend

16  the permit of any such retail food store or food

17  establishment, or may prohibit any food establishment exempt

18  from the permitting requirement under s. 500.12(1)(a) from

19  selling food, if it is satisfied that the retail food store or

20  food establishment has:

21         (a)  Violated any of the provisions of this chapter.

22         (b)  Violated or aided or abetted in the violation of

23  any law of this state governing or applicable to retail food

24  stores or food establishments or any lawful rules of the

25  department.

26         (c)  Knowingly committed, or been a party to, any

27  material fraud, misrepresentation, conspiracy, collusion,

28  trick, scheme, or device whereby any other person, lawfully

29  relying upon the word, representation, or conduct of a retail

30  food store or food establishment, acts to her or his injury or

31  damage.

                                  2

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






    Florida Senate - 2004                                  SB 1886
    303-841C-04




 1         (d)  Committed any act or conduct of the same or

 2  different character than that enumerated which constitutes

 3  fraudulent or dishonest dealing.

 4         Section 3.  This act shall take effect July 1, 2004.

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Provides that the operator of a minor food outlet is
      exempt from the requirement to obtain a food permit from
 9    the Department of Agriculture and Consumer Services if
      the space used to display and store food items does not
10    exceed 200 square feet. Authorizes the department to
      prohibit a food establishment that is exempt from the
11    permit requirement from selling food if the establishment
      is in violation of certain laws or rules.
12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

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