HB 651

1	A bill to be entitled
2	An act relating to the Department of Agriculture and
3	Consumer Services; amending s. 487.041, F.S.; revising the
4	registration requirements for brands of pesticide
5	distributed or sold in the state; providing for expiration
6	on a specified date of requirements for annual
7	registration; providing for future biennial registration;
8	revising the registration fee; requiring that proceeds of
9	the fee be deposited into the General Inspection Trust
10	Fund and used by the department to administer ch. 487,
11	F.S.; providing for a fee to be imposed for late
12	registration; amending ss. 500.03 and 500.147, F.S.,
13	relating to the Florida Food Safety Act; updating
14	references for purposes of provisions governing the sale
15	of bottled water and the operation of bottled water
16	plants; amending s. 502.012, F.S.; revising and clarifying
17	definitions; amending s. 502.014, F.S.; revising the
18	department's rulemaking authority concerning lowfat
19	cottage cheese; conforming terminology; amending s.
20	502.053, F.S.; revising the permitting requirements for
21	certain milk plants; deleting a provision authorizing the
22	department to issue a temporary permit to milk haulers;
23	amending s. 502.054, F.S.; conforming terminology;
24	amending s. 502.091, F.S.; clarifying provisions governing
25	the sale of milk and milk products; specifying the types
26	of food establishments at which such products may be sold;
27	providing requirements for the sale of cheese made from
28	raw milk; repealing ss. 591.27-591.34, F.S., relating to
29	the designation, marking, and cutting of seed trees;
30	creating the Consumer Fireworks Task Force within the
31	department for certain purposes; providing legislative
32	findings; providing for task force membership and
33	selection of chair and vice-chair; specifying serving
34	without compensation; providing for per diem and travel
35	expenses; requiring the department to staff the task
36	force; requiring a report to the Legislature by a time
37	certain; providing for abolition of the task force;
38	providing an effective date.
39
40	Be It Enacted by the Legislature of the State of Florida:
41
42	Section 1.  Present subsections (1), (2), (3), and (8) and
43	paragraphs (b) and (d) of subsection (4) of section 487.041,
44	Florida Statutes, are amended, and a new subsection (1) is added
45	to that section, to read:
46	487.041  Registration.--
47	(1)(a)  Each brand of pesticide, as defined in s. 487.021,
48	that is distributed, sold, or offered for sale, except as
49	provided in this subsection, within this state or delivered for
50	transportation or transported in intrastate commerce or between
51	points within this state through any point outside this state
52	must be registered in the office of the department, and such
53	registration shall be renewed annually. Emergency exemptions
54	from registration may be authorized in accordance with the rules
55	of the department. The registrant shall file with the department
56	a statement including:
57	1.  The name, business mailing address, and street address
58	of the registrant.
59	2.  The name of the brand of pesticide.
60	3.  An ingredient statement and a complete copy of the
61	labeling accompanying the brand of the pesticide, which must
62	conform to the registration, and a statement of all claims to be
63	made for it, including directions for use and a guaranteed
64	analysis showing the names and percentages by weight of each
65	active ingredient, the total percentage of inert ingredients,
66	and the names and percentages by weight of each "added
67	ingredient."
68	(b)  For the purpose of defraying expenses of the
69	department in connection with carrying out the provisions of
70	this part, each person shall pay an annual registration fee of
71	$250 for each registered brand of pesticide. The annual
72	registration fee for each special local need label and
73	experimental use permit is $100. All registrations expire on
74	December 31 of each year. If the renewal of a brand of
75	pesticide, including the special local need label and
76	experimental use permit, is not filed by January 31 of the
77	renewal year, an additional fee of $25 per brand of pesticide
78	shall be assessed per month and added to the original fee. This
79	additional fee may not exceed $250 per brand of pesticide. The
80	additional fee must be paid by the registrant before the renewal
81	certificate for the registration of the brand of pesticide is
82	issued.
83	(c)  This subsection does not apply to distributors or
84	retail dealers selling brands of pesticide if such brands of
85	pesticide are registered by another person.
86	(d)  This subsection expires at midnight, December 31,
87	2008.
88	(2)(a)(1)  Effective January 1, 2009, each brand of Every
89	pesticide, as defined in s. 487.021, that which is distributed,
90	sold, or offered for sale, except as provided in this section,
91	within this state or delivered for transportation or transported
92	in intrastate commerce or between points within this state
93	through any point outside this state must shall be registered in
94	the office of the department, and such registration shall be
95	renewed biennially annually. Emergency exemptions from
96	registration may be authorized in accordance with the rules of
97	the department. The registrant shall file with the department a
98	statement including:
99	1.(a)  The name, business mailing address, and street
100	address of the registrant.
101	2.(b)  The name of the brand of pesticide.
102	3.(c)  An ingredient statement and a complete copy of the
103	labeling accompanying the brand of the pesticide, which must
104	shall conform to the registration, and a statement of all claims
105	to be made for it, including directions for use and a guaranteed
106	analysis showing the names and percentages by weight of each
107	active ingredient, the total percentage of inert ingredients,
108	and the names and percentages by weight of each "added
109	ingredient."
110	(b)(2)  Effective January 1, 2009, for the purpose of
111	defraying expenses of the department in connection with carrying
112	out the provisions of this part, each person shall pay a
113	biennial an annual registration fee of $250 for each registered
114	brand of pesticide. The registration of each brand of pesticide
115	shall cover a designated 2-year period beginning on January 1 of
116	each odd-numbered year and expiring on December 31 of the
117	following year. The annual registration fee for each special
118	local need label and experimental use permit shall be $100. All
119	registrations expire on December 31 of each year. Nothing in
120	this section  shall be construed as applying to distributors or
121	retail dealers selling pesticides when such  pesticides are
122	registered by another person.
123	(c)  Each registration issued by the department to a
124	registrant for a period beginning in an odd-numbered year shall
125	be assessed a fee of $500 per brand of pesticide and a fee of
126	$200 for each special local need label and experimental use
127	permit, and the registration shall expire on December 31 of the
128	following year. Each registration issued by the department to a
129	registrant for a period beginning in an even-numbered year shall
130	be assessed a fee of $250 per brand of pesticide and fee of $100
131	for each special local need label and experimental use permit,
132	and the registration shall expire on December 31 of that year.
133	(d)  All revenues collected, less those costs determined by
134	the department to be nonrecurring or one-time costs, shall be
135	deferred over the 2-year registration period, deposited in the
136	General Inspection Trust Fund, and used by the department in
137	carrying out the provisions of this chapter.
138	(e)  If the renewal of a brand of pesticide, including the
139	special local need label and experimental use permit, is not
140	filed by January 31 of the renewal year, an additional fee of
141	$25 per brand of pesticide shall be assessed per month and added
142	to the original fee. This additional fee may not exceed $250 per
143	brand of pesticide. The additional fee must be paid by the
144	registrant before the renewal certificate for the registration
145	of the brand of pesticide is issued.
146	(f)  This subsection does not apply to distributors or
147	retail dealers selling brands of pesticide if such brands of
148	pesticide are registered by another person.
149	(3)  The department shall adopt rules governing the
150	procedures for the registration of a brand of pesticide
151	registration and for the review of data submitted by an
152	applicant for registration of the brand of a pesticide. The
153	department shall determine whether the brand of a pesticide
154	should be registered, registered with conditions, or tested
155	under field conditions in this state. The department shall
156	determine whether each request that all requests for
157	registration of a brand of pesticide meets registrations meet
158	the requirements of current state and federal law. The
159	department, whenever it deems it necessary in the administration
160	of this part, may require the manufacturer or registrant to
161	submit the complete formula, quantities shipped into or
162	manufactured in the state for distribution and sale, evidence of
163	the efficacy and the safety of any pesticide, and other relevant
164	data. The department may review and evaluate a registered
165	pesticide if new information is made available that which
166	indicates that use of the pesticide has caused an unreasonable
167	adverse effect on public health or the environment. Such review
168	shall be conducted upon the request of the Secretary of the
169	Department of Health in the event of an unreasonable adverse
170	effect on public health or the Secretary of the Department of
171	Environmental Protection in the event of an unreasonable adverse
172	effect on the environment. Such review may result in
173	modifications, revocation, cancellation, or suspension of the
174	registration of a brand of pesticide registration. The
175	department, for reasons of adulteration, misbranding, or other
176	good cause, may refuse or revoke the registration of the brand
177	of any pesticide, after notice to the applicant or registrant
178	giving the reason for the decision. The applicant may then
179	request a hearing, pursuant to chapter 120, on the intention of
180	the department to refuse or revoke registration, and, upon his
181	or her failure to do so, the refusal or revocation shall become
182	final without further procedure. The In no event shall
183	registration of a brand of pesticide may not be construed as a
184	defense for the commission of any offense prohibited under this
185	part.
186	(4)  The department, in addition to its other duties under
187	this section, has the power to:
188	(b)  Formally request the United States Environmental
189	Protection Agency to require registrants of brands of pesticide
190	pesticides to provide the department with environmental test
191	data generated in this state or generated by simulating
192	environmental conditions in this state.
193	(d)  Require a registrant who discontinues the distribution
194	of a brand of pesticide in this state to continue the
195	registration of the brand of the pesticide for a minimum of 2
196	years or until no more remains on retailers' retailer's shelves
197	if or 2 years after written notice to the department of date of
198	discontinuance; provided such continued registration or sale is
199	not specifically prohibited by the department or the United
200	States Environmental Protection Agency.
201	(8)  Nothing in This section does not affect affects the
202	authority of the department to administer the pesticide
203	registration program under this part or the authority of the
204	Commissioner of Agriculture to approve the registration of a
205	brand of pesticide.
206	Section 2.  Paragraph (d) of subsection (1) of section
207	500.03, Florida Statutes, is amended to read:
208	500.03  Definitions; construction; applicability.--
209	(1)  For the purpose of this chapter, the term:
210	(d)  "Bottled water" means a beverage, as described in 21
211	C.F.R. part 165 (2006)(1996), that is processed in compliance
212	with 21 C.F.R. part 129 (2006)(1996).
213	Section 3.  Paragraph (a) of subsection (3) of section
214	500.147, Florida Statutes, is amended to read:
215	500.147  Inspection of food establishments and vehicles;
216	food safety pilot program.--
217	(3)  For bottled water plants:
218	(a)  Bottled water must be from an approved source. Bottled
219	water must be processed in conformance with 21 C.F.R. part 129
220	(2006)(1996), and must conform to 21 C.F.R. part 165
221	(2006)(1996). A person operating a bottled water plant shall be
222	responsible for all water sampling and analyses required by this
223	chapter.
224	Section 4.  Section 502.012, Florida Statutes, is amended
225	to read:
226	502.012  Definitions.--The following definitions shall
227	apply in the interpretation and enforcement of this law:
228	(1)  "Bulk milk pickup tanker" means a vehicle, including
229	the truck and tank, and necessary attachments, used by a milk
230	hauler to transport bulk raw milk for pasteurization from a
231	dairy farm to a milk plant, receiving station, or transfer
232	station.
233	(2)  "Dairy farm" means any place or premises where one or
234	more cows, or goats, sheep, water buffalo, or other hoofed
235	mammals are kept, and from which a part or all of the milk is
236	provided, sold, or offered for sale to a milk plant, receiving
237	station, or transfer station.
238	(3)  "Department" means the Department of Agriculture and
239	Consumer Services.
240	(4)(15)  "Grade 'A' pasteurized milk ordinance" means the
241	document entitled "Grade 'A' Pasteurized Milk Ordinance, United
242	States Department of Health and Human Services, Public Health
243	Service, /Food and Drug Administration Publication No. 229,"
244	including all associated appendices, as adopted by department
245	rule.
246	(5)(4)  "Imitation milk and imitation milk products" means
247	those foods that have the physical characteristics, such as
248	taste, flavor, body, texture, or appearance, of milk or milk
249	products as defined in this chapter and the Grade "A"
250	pasteurized milk ordinance, but do not come within the
251	definition definitions of "milk" or "milk products," and are
252	nutritionally inferior to the product imitated.
253	(6)(5)  "Milk" means the lacteal secretion, practically
254	free from colostrum, obtained by the complete milking of one or
255	more healthy cows, or goats, sheep, water buffalo, or other
256	hoofed mammals.
257	(7)(6)  "Milk distributor" means any person who offers for
258	sale or sells to another person any milk or milk product.
259	(8)(7)  "Milk products" means products made with milk that
260	is processed in some manner, including being whipped, acidified,
261	cultured, concentrated, lactose-reduced, or sodium-reduced or
262	aseptically processed, or having the addition or subtraction of
263	milkfat, the addition of safe and suitable microbial organisms,
264	or the addition of safe and suitable optional ingredients for
265	protein, vitamin, or mineral fortification. "Milk products" do
266	not include products such as evaporated milk, condensed milk,
267	eggnog in a rigid metal container, dietary products, infant
268	formula, or ice cream and other desserts, dry milk products,
269	canned eggnog in a rigid metal container, butter, or cheese,
270	except when the products are combined with other substances to
271	produce any pasteurized or aseptically processed milk product.
272	(9)(8)  "Milkfat" or "butterfat" means the fat contained in
273	milk.
274	(10)(9)  "Milk hauler" means any person who transports raw
275	milk or raw milk products to or from a milk plant, receiving
276	station, or transfer station.
277	(11)(10)  "Milk plant" means any place, premises, or
278	establishment where milk or milk products are collected,
279	handled, processed, stored, pasteurized, aseptically processed,
280	bottled, or prepared for distribution.
281	(12)(11)  "Milk plant operator" means any person
282	responsible for receiving, processing, pasteurizing, or
283	packaging milk and milk products, or performing any other
284	related operation.
285	(13)(12)  "Milk producer" means any person who operates a
286	dairy farm and provides, sells, or offers for sale milk to a
287	milk plant, receiving station, or transfer station.
288	(14)(13)  "Milk tank truck" means either a bulk milk pickup
289	tanker or a milk transport tank.
290	(15)(14)  "Milk transport tank" means a vehicle, including
291	the truck and tank, used by a milk hauler to transport bulk
292	shipments of milk from a milk plant, receiving station, or
293	transfer station to another milk plant, receiving station, or
294	transfer station.
295	(16)  "Raw milk" means unprocessed milk.
296	(17)  "Receiving station" means any place, premises, or
297	establishment where raw milk is received, collected, handled,
298	stored, or cooled and is prepared for further transporting.
299	(18)  "Substitute milk and substitute milk products" means
300	those foods that have the physical characteristics, such as
301	taste, flavor, body, texture, or appearance, of milk or milk
302	products as defined in this chapter and the Grade "A"
303	pasteurized milk ordinance, but do not come within the
304	definition definitions of "milk" or "milk products," and are
305	nutritionally equivalent to the product for which they are
306	substitutes.
307	(19)  "Transfer station" means any place, premises, or
308	establishment where milk or milk products are transferred
309	directly from one milk tank truck to another.
310	(20)  "Washing station" means any place, premises, or
311	establishment where milk tank trucks are cleaned and sanitized.
312	Section 5.  Subsections (4) and (6) of section 502.014,
313	Florida Statutes, are amended to read:
314	502.014  Powers and duties.--
315	(4)  The department shall define by rule "cottage cheese,"
316	and "dry-curd cottage cheese," and "lowfat cottage cheese." The
317	department shall periodically update these definitions to
318	maintain conformity with the federal definitions.
319	(6)  The department has authority to adopt rules pursuant
320	to ss. 120.536(1) and 120.54 to implement and enforce the
321	provisions of this chapter. In adopting these rules, the
322	department shall be guided by and may conform to the definitions
323	and standards of the administrative procedures and provisions of
324	the Grade "A" pasteurized milk ordinance. The rules shall
325	include, but are not limited to:
326	(a)  Standards for milk and milk products.
327	(b)  Provisions for the production, transportation,
328	processing, handling, sampling, examination, grading, labeling,
329	and sale of all milk and milk products and imitation and
330	substitute milk and milk products sold for public consumption in
331	this state.
332	(c)  Provisions for the inspection of dairy herds, dairy
333	farms, and milk plants.
334	(d)  Provisions for the issuance and revocation of permits
335	issued by the department pursuant to this chapter.
336	Section 6.  Paragraph (a) of subsection (1), subsection
337	(2), and paragraph (a) of subsection (4) of section 502.053,
338	Florida Statutes, are amended to read:
339	502.053  Permits; requirements; exemptions; temporary
340	permits.--
341	(1)  PERMITS.--
342	(a)  Each Grade A milk plant, whether located in the state
343	or outside the state, and each manufacturing milk plant, milk
344	producer, milk hauler, milk hauling service, washing station
345	operator, milk plant operator, milk distributor, single-service-
346	container manufacturer, receiving station, and transfer station
347	in the state, shall apply to the department for a permit to
348	operate. The application shall be on forms developed by the
349	department.
350	(2)  REQUIREMENTS.--
351	(a)  To obtain a permit, an applicant must satisfy all
352	requirements that are defined by the department in rule and must
353	agree to comply with the applicable provisions of this chapter
354	and rules adopted promulgated under this chapter.
355	(b)  All permitholders must maintain records of
356	transactions concerning the procurement, production, and
357	processing of milk and milk products as required in the Grade
358	"A" pasteurized milk ordinance and grant department inspectors
359	access to such records during all reasonable hours.
360	(c)  In addition to the testing required in the Grade "A"
361	pasteurized milk ordinance and its appendices, each milk plant
362	operator in the state shall be responsible for routine testing
363	and inspection of raw milk shipped from outside the state prior
364	to processing and shall notify the department when such testing
365	and inspection indicate indicates a violation of the standards
366	contained in the Grade "A" pasteurized milk ordinance.
367	(4)  TEMPORARY PERMITS.--
368	(a)  The department may issue a temporary permit for a
369	period not exceeding 90 days to milk producers and milk haulers
370	who have submitted an application to the department and passed a
371	preliminary inspection as required in the Grade "A" pasteurized
372	milk ordinance.
373	Section 7.  Section 502.054, Florida Statutes, is amended
374	to read:
375	502.054  Inspection and reinspection.--The department shall
376	establish a schedule for inspections which shall require routine
377	inspections in accordance with the minimum requirements
378	contained in the Grade "A" pasteurized milk ordinance and more
379	frequent inspections or reinspections for permitholders with
380	serious or repeated violations.
381	Section 8.  Subsection (1) of section 502.091, Florida
382	Statutes, is amended to read:
383	502.091  Milk and milk products which may be sold.--
384	(1)  Only Grade A pasteurized milk and milk products,
385	pasteurized manufactured milk products, and cheese made from
386	pasteurized milk shall be sold at retail to the final consumer
387	or to food service establishments as defined in chapter 381,
388	food establishments as defined in chapter 500, or public food
389	service establishments as defined in chapter 509 restaurants,
390	soda fountains, grocery stores, or similar establishments.
391	Cheese made from raw milk may also be sold at retail to the
392	final consumer or to food service establishments as defined in
393	chapter 381, food establishments as defined in chapter 500, or
394	public food service establishments as defined in chapter 509 if
395	the cheese is aged more than 60 days at a temperature above 35°
396	35° F.
397	(a)  In an emergency, however, the department may authorize
398	the sale of reconstituted pasteurized milk products, or
399	pasteurized milk and milk products that have not been graded or
400	the grade of which that is unknown, in which case such milk and
401	milk products shall be appropriately labeled, as determined by
402	the department.
403	(b)  If the department determines that milk is fit for
404	human consumption even though it is less than Grade A because
405	the producer failed to comply with the sanitation or bacterial
406	standards defined in this chapter, or if any specific shipment
407	of milk fails to comply with standards of the Grade "A"
408	pasteurized milk ordinance, the department may issue a permit
409	allowing the milk to be used in ungraded products, such as
410	frozen desserts, which are being processed by such milk plant.
411	During processing of such milk, it shall be pasteurized at a
412	temperature of at least 175° F. for at least 15 seconds or at
413	least 160° F. for at least 30 minutes.
414	Section 9.  Sections 591.27, 591.28, 591.29, 591.30,
415	591.31, 591.32, 591.33, and 591.34, Florida Statutes, are
416	repealed.
417	Section 10.  Consumer Fireworks Task Force.--
418	(1)  The Legislature finds that:
419	(a)  The state regulation of consumer fireworks in Florida
420	provides an insufficient definition of consumer fireworks and
421	related products used by consumers;
422	(b)  There is a need for better training and education
423	concerning the safe use of consumer fireworks;
424	(c)  There should be a mechanism to help local governments
425	fund the clean up following the use of consumer fireworks on
426	public property;
427	(d)  Local government regulation of the agricultural uses
428	authorized by s. 791.012 are inconsistent with legitimate
429	agricultural purposes;
430	(e)  There is a need for consumer education relating to
431	safety standards in the use of consumer fireworks;
432	(f)  There is a need for standards concerning tents and
433	other temporary retail facilities selling consumer fireworks;
434	and
435	(g)  The state would benefit from additional funding for
436	the training and education of fire officials.
437	(2)(a)  There is hereby created the Consumer Fireworks Task
438	Force within the Department of Agriculture and Consumer Services
439	for the purpose of studying the issues concerning the use of and
440	proper use of consumer fireworks, regulation of temporary sale
441	facilities for consumer fireworks, and regulation of the hours
442	and location of the use of consumer fireworks; studying funding
443	options for fire official training and education; and studying
444	funding options for clean-up of expended consumer fireworks
445	products.
446	(b)1.  The task force shall consist of seven members
447	appointed as follows: two members appointed by the President of
448	the Senate; two members appointed by the Speaker of the House of
449	Representatives; two members appointed by the Commissioner of
450	Agriculture; and one member appointed by the Chief Financial
451	Officer.
452	2.  Members shall choose a chair and vice-chair from its
453	membership.
454	3.  Members shall serve without compensation, except that
455	members are entitled to per diem and travel expenses, pursuant
456	to s. 112.061, incurred in the performance of their duties.
457	(3)  Staffing for the task force shall be provided by the
458	Department of Agriculture and Consumer Services.
459	(4)  The task force shall review and evaluate the issues
460	identified in paragraph (2)(a) and take public input and
461	testimony concerning the issues. A report of the recommendations
462	and findings of the task force shall submitted to the President
463	of the Senate and the Speaker of the House of Representatives by
464	January 15, 2008, and the task force shall be abolished upon the
465	transmittal of the report.
466	Section 11.  This act shall take effect July 1, 2007.

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