Senate Bill sb7020pb

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7020

    FOR CONSIDERATION By the Committee on Agriculture





    575-412D-07

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Agriculture and Consumer Services; amending s.

  4         487.041, F.S.; revising the registration

  5         requirements for brands of pesticide

  6         distributed or sold in the state; providing for

  7         expiration on a specified date of requirements

  8         for annual registration; providing for future

  9         biennial registration; revising the

10         registration fee; requiring that proceeds of

11         the fee be deposited into the General

12         Inspection Trust Fund and used by the

13         department to administer ch. 487, F.S.;

14         providing for a fee to be imposed for late

15         registration; amending ss. 500.03 and 500.147,

16         F.S., relating to the Florida Food Safety Act;

17         updating references for purposes of provisions

18         governing the sale of bottled water and the

19         operation of bottled water plants; amending s.

20         502.012, F.S.; revising and clarifying

21         definitions; amending s. 502.014, F.S.;

22         revising the department's rulemaking authority

23         concerning lowfat cottage cheese; conforming

24         terminology; amending s. 502.053, F.S.;

25         revising the permitting requirements for

26         certain milk plants; deleting a provision

27         authorizing the department to issue a temporary

28         permit to milk haulers; amending s. 502.054,

29         F.S.; conforming terminology; amending s.

30         502.091, F.S.; clarifying provisions governing

31         the sale of milk and milk products; specifying

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7020
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 1         the types of food establishments at which such

 2         products may be sold; providing requirements

 3         for the sale of cheese made from raw milk;

 4         repealing ss. 591.27-591.34, F.S., relating to

 5         the designation, marking, and cutting of seed

 6         trees; providing an effective date.

 7  

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

 9  

10         Section 1.  Present subsections (1), (2), (3), and (8)

11  and paragraphs (b) and (d) of subsection (4) of section

12  487.041, Florida Statutes, are amended, and a new subsection

13  (1) is added to that section, to read:

14         487.041  Registration.--

15         (1)(a)  Each brand of pesticide, as defined in s.

16  487.021, that is distributed, sold, or offered for sale,

17  except as provided in this subsection, within this state or

18  delivered for transportation or transported in intrastate

19  commerce or between points within this state through any point

20  outside this state must be registered in the office of the

21  department, and such registration shall be renewed annually.

22  Emergency exemptions from registration may be authorized in

23  accordance with the rules of the department. The registrant

24  shall file with the department a statement including:

25         1.  The name, business mailing address, and street

26  address of the registrant.

27         2.  The name of the brand of pesticide.

28         3.  An ingredient statement and a complete copy of the

29  labeling accompanying the brand of the pesticide, which must

30  conform to the registration, and a statement of all claims to

31  be made for it, including directions for use and a guaranteed

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 1  analysis showing the names and percentages by weight of each

 2  active ingredient, the total percentage of inert ingredients,

 3  and the names and percentages by weight of each "added

 4  ingredient."

 5         (b)  For the purpose of defraying expenses of the

 6  department in connection with carrying out the provisions of

 7  this part, each person shall pay an annual registration fee of

 8  $250 for each registered brand of pesticide. The annual

 9  registration fee for each special local need label and

10  experimental use permit is $100. All registrations expire on

11  December 31 of each year. If the renewal of a brand of

12  pesticide, including the special local need label and

13  experimental use permit, is not filed by January 31 of the

14  renewal year, an additional fee of $25 per brand of pesticide

15  shall be assessed per month and added to the original fee.

16  This additional fee may not exceed $250 per brand of

17  pesticide. The additional fee must be paid by the registrant

18  before the renewal certificate for the registration of the

19  brand of pesticide is issued.

20         (c)  This subsection does not apply to distributors or

21  retail dealers selling brands of pesticide if such brands of

22  pesticide are registered by another person.

23         (d)  This subsection expires at midnight, December 31,

24  2008.

25         (2)(a)(1)  Effective January 1, 2009, each brand of

26  Every pesticide, as defined in s. 487.021, which is

27  distributed, sold, or offered for sale, except as provided in

28  this section, within this state or delivered for

29  transportation or transported in intrastate commerce or

30  between points within this state through any point outside

31  this state must shall be registered in the office of the

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7020
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 1  department, and such registration shall be renewed biennially

 2  annually. Emergency exemptions from registration may be

 3  authorized in accordance with the rules of the department. The

 4  registrant shall file with the department a statement

 5  including:

 6         1.(a)  The name, business mailing address, and street

 7  address of the registrant.

 8         2.(b)  The name of the brand of pesticide.

 9         3.(c)  An ingredient statement and a complete copy of

10  the labeling accompanying the brand of the pesticide, which

11  must shall conform to the registration, and a statement of all

12  claims to be made for it, including directions for use and a

13  guaranteed analysis showing the names and percentages by

14  weight of each active ingredient, the total percentage of

15  inert ingredients, and the names and percentages by weight of

16  each "added ingredient."

17         (b)(2)  Effective January 1, 2009, for the purpose of

18  defraying expenses of the department in connection with

19  carrying out the provisions of this part, each person shall

20  pay a biennial an annual registration fee of $250 for each

21  registered brand of pesticide. The registration of each brand

22  of pesticide shall cover a designated 2-year period beginning

23  on January 1 of each odd-numbered year and expiring on

24  December 31 of the following year. The annual registration fee

25  for each special local need label and experimental use permit

26  shall be $100. All registrations expire on December 31 of each

27  year. Nothing in this section  shall be construed as applying

28  to distributors or retail dealers selling pesticides when

29  such  pesticides are registered by another person.

30         (c)  Each registration issued by the department to a

31  registrant for a period beginning in an odd-numbered year

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7020
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 1  shall be assessed a fee of $500 per brand of pesticide and a

 2  fee of $200 for each special local need label and experimental

 3  use permit, and the registration shall expire on December 31

 4  of the following year. Each registration issued by the

 5  department to a registrant for a period beginning in an

 6  even-numbered year shall be assessed a fee of $250 per brand

 7  of pesticide and fee of $100 for each special local need label

 8  and experimental use permit, and the registration shall expire

 9  on December 31 of that year.

10         (d)  All revenues collected, less those costs

11  determined by the department to be nonrecurring or one-time

12  costs, shall be deferred over the 2-year registration period,

13  deposited in the General Inspection Trust Fund, and used by

14  the department in carrying out the provisions of this chapter.

15         (e)  If the renewal of a brand of pesticide, including

16  the special local need label and experimental use permit, is

17  not filed by January 31 of the renewal year, an additional fee

18  of $25 per brand of pesticide shall be assessed per month and

19  added to the original fee. This additional fee may not exceed

20  $250 per brand of pesticide. The additional fee must be paid

21  by the registrant before the renewal certificate for the

22  registration of the brand of pesticide is issued.

23         (f)  This subsection does not apply to distributors or

24  retail dealers selling brands of pesticide if such brands of

25  pesticide are registered by another person.

26         (3)  The department shall adopt rules governing the

27  procedures for the registration of a brand of pesticide

28  registration and for the review of data submitted by an

29  applicant for registration of the brand of a pesticide. The

30  department shall determine whether the brand of a pesticide

31  should be registered, registered with conditions, or tested

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7020
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 1  under field conditions in this state. The department shall

 2  determine whether each request that all requests for

 3  registration of a brand of pesticide meets registrations meet

 4  the requirements of current state and federal law. The

 5  department, whenever it deems it necessary in the

 6  administration of this part, may require the manufacturer or

 7  registrant to submit the complete formula, quantities shipped

 8  into or manufactured in the state for distribution and sale,

 9  evidence of the efficacy and the safety of any pesticide, and

10  other relevant data. The department may review and evaluate a

11  registered pesticide if new information is made available that

12  which indicates that use of the pesticide has caused an

13  unreasonable adverse effect on public health or the

14  environment. Such review shall be conducted upon the request

15  of the Secretary of the Department of Health in the event of

16  an unreasonable adverse effect on public health or the

17  Secretary of the Department of Environmental Protection in the

18  event of an unreasonable adverse effect on the environment.

19  Such review may result in modifications, revocation,

20  cancellation, or suspension of the registration of a brand of

21  pesticide registration. The department, for reasons of

22  adulteration, misbranding, or other good cause, may refuse or

23  revoke the registration of the brand of any pesticide, after

24  notice to the applicant or registrant giving the reason for

25  the decision. The applicant may then request a hearing,

26  pursuant to chapter 120, on the intention of the department to

27  refuse or revoke registration, and, upon his or her failure to

28  do so, the refusal or revocation shall become final without

29  further procedure. The In no event shall registration of a

30  brand of pesticide may not be construed as a defense for the

31  commission of any offense prohibited under this part.

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7020
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 1         (4)  The department, in addition to its other duties

 2  under this section, has the power to:

 3         (b)  Formally request the United States Environmental

 4  Protection Agency to require registrants of brands of

 5  pesticide pesticides to provide the department with

 6  environmental test data generated in this state or generated

 7  by simulating environmental conditions in this state.

 8         (d)  Require a registrant who discontinues the

 9  distribution of a brand of pesticide in this state to continue

10  the registration of the brand of the pesticide for a minimum

11  of 2 years or until no more remains on retailers' retailer's

12  shelves if or 2 years after written notice to the department

13  of date of discontinuance; provided such continued

14  registration or sale is not specifically prohibited by the

15  department or the United States Environmental Protection

16  Agency.

17         (8)  Nothing in This section does not affect affects

18  the authority of the department to administer the pesticide

19  registration program under this part or the authority of the

20  Commissioner of Agriculture to approve the registration of a

21  brand of pesticide.

22         Section 2.  Paragraph (d) of subsection (1) of section

23  500.03, Florida Statutes, is amended to read:

24         500.03  Definitions; construction; applicability.--

25         (1)  For the purpose of this chapter, the term:

26         (d)  "Bottled water" means a beverage, as described in

27  21 C.F.R. part 165 (2006)(1996), that is processed in

28  compliance with 21 C.F.R. part 129 (2006)(1996).

29         Section 3.  Paragraph (a) of subsection (3) of section

30  500.147, Florida Statutes, is amended to read:

31  

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    Florida Senate - 2007   (PROPOSED COMMITTEE BILL)     SPB 7020
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 1         500.147  Inspection of food establishments and

 2  vehicles; food safety pilot program.--

 3         (3)  For bottled water plants:

 4         (a)  Bottled water must be from an approved source.

 5  Bottled water must be processed in conformance with 21 C.F.R.

 6  part 129 (2006)(1996), and must conform to 21 C.F.R. part 165

 7  (2006)(1996). A person operating a bottled water plant shall

 8  be responsible for all water sampling and analyses required by

 9  this chapter.

10         Section 4.  Section 502.012, Florida Statutes, is

11  amended to read:

12         502.012  Definitions.--The following definitions shall

13  apply in the interpretation and enforcement of this law:

14         (1)  "Bulk milk pickup tanker" means a vehicle,

15  including the truck and tank, and necessary attachments, used

16  by a milk hauler to transport bulk raw milk for pasteurization

17  from a dairy farm to a milk plant, receiving station, or

18  transfer station.

19         (2)  "Dairy farm" means any place or premises where one

20  or more cows, or goats, sheep, water buffalo, or other hooved

21  mammals are kept, and from which a part or all of the milk is

22  provided, sold, or offered for sale to a milk plant, receiving

23  station, or transfer station.

24         (3)  "Department" means the Department of Agriculture

25  and Consumer Services.

26         (4)(15)  "Grade 'A' pasteurized milk ordinance" means

27  the document entitled "Grade 'A' Pasteurized Milk Ordinance,

28  United States Department of Health and Human Services, Public

29  Health Service, /Food and Drug Administration Publication No.

30  229," including all associated appendices, as adopted by

31  department rule.

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 1         (5)(4)  "Imitation milk and imitation milk products"

 2  means those foods that have the physical characteristics, such

 3  as taste, flavor, body, texture, or appearance, of milk or

 4  milk products as defined in this chapter and the Grade "A"

 5  pasteurized milk ordinance, but do not come within the

 6  definition definitions of "milk" or "milk products," and are

 7  nutritionally inferior to the product imitated.

 8         (6)(5)  "Milk" means the lacteal secretion, practically

 9  free from colostrum, obtained by the complete milking of one

10  or more healthy cows, or goats, sheep, water buffalo, or other

11  hooved mammals.

12         (7)(6)  "Milk distributor" means any person who offers

13  for sale or sells to another person any milk or milk product.

14         (8)(7)  "Milk products" means products made with milk

15  that is processed in some manner, including being whipped,

16  acidified, cultured, concentrated, lactose-reduced, or

17  sodium-reduced or aseptically processed, or having the

18  addition or subtraction of milkfat, the addition of safe and

19  suitable microbial organisms, or the addition of safe and

20  suitable optional ingredients for protein, vitamin, or mineral

21  fortification. "Milk products" do not include products such as

22  evaporated milk, condensed milk, eggnog in a rigid metal

23  container, dietary products, infant formula, or ice cream and

24  other desserts, dry milk products, canned eggnog in a rigid

25  metal container, butter, or cheese, except when the products

26  are combined with other substances to produce any pasteurized

27  or aseptically processed milk product.

28         (9)(8)  "Milkfat" or "butterfat" means the fat

29  contained in milk.

30  

31  

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 1         (10)(9)  "Milk hauler" means any person who transports

 2  raw milk or raw milk products to or from a milk plant,

 3  receiving station, or transfer station.

 4         (11)(10)  "Milk plant" means any place, premises, or

 5  establishment where milk or milk products are collected,

 6  handled, processed, stored, pasteurized, aseptically

 7  processed, bottled, or prepared for distribution.

 8         (12)(11)  "Milk plant operator" means any person

 9  responsible for receiving, processing, pasteurizing, or

10  packaging milk and milk products, or performing any other

11  related operation.

12         (13)(12)  "Milk producer" means any person who operates

13  a dairy farm and provides, sells, or offers for sale milk to a

14  milk plant, receiving station, or transfer station.

15         (14)(13)  "Milk tank truck" means either a bulk milk

16  pickup tanker or a milk transport tank.

17         (15)(14)  "Milk transport tank" means a vehicle,

18  including the truck and tank, used by a milk hauler to

19  transport bulk shipments of milk from a milk plant, receiving

20  station, or transfer station to another milk plant, receiving

21  station, or transfer station.

22         (16)  "Raw milk" means unprocessed milk.

23         (17)  "Receiving station" means any place, premises, or

24  establishment where raw milk is received, collected, handled,

25  stored, or cooled and is prepared for further transporting.

26         (18)  "Substitute milk and substitute milk products"

27  means those foods that have the physical characteristics, such

28  as taste, flavor, body, texture, or appearance, of milk or

29  milk products as defined in this chapter and the Grade "A"

30  pasteurized milk ordinance, but do not come within the

31  definition definitions of "milk" or "milk products," and are

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 1  nutritionally equivalent to the product for which they are

 2  substitutes.

 3         (19)  "Transfer station" means any place, premises, or

 4  establishment where milk or milk products are transferred

 5  directly from one milk tank truck to another.

 6         (20)  "Washing station" means any place, premises, or

 7  establishment where milk tank trucks are cleaned and

 8  sanitized.

 9         Section 5.  Subsections (4) and (6) of section 502.014,

10  Florida Statutes, are amended to read:

11         502.014  Powers and duties.--

12         (4)  The department shall define by rule "cottage

13  cheese," and "dry-curd cottage cheese," and "lowfat cottage

14  cheese." The department shall periodically update these

15  definitions to maintain conformity with the federal

16  definitions.

17         (6)  The department has authority to adopt rules

18  pursuant to ss. 120.536(1) and 120.54 to implement and enforce

19  the provisions of this chapter. In adopting these rules, the

20  department shall be guided by and may conform to the

21  definitions and standards of the administrative procedures and

22  provisions of the Grade "A" pasteurized milk ordinance. The

23  rules shall include, but are not limited to:

24         (a)  Standards for milk and milk products.

25         (b)  Provisions for the production, transportation,

26  processing, handling, sampling, examination, grading,

27  labeling, and sale of all milk and milk products and imitation

28  and substitute milk and milk products sold for public

29  consumption in this state.

30         (c)  Provisions for the inspection of dairy herds,

31  dairy farms, and milk plants.

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 1         (d)  Provisions for the issuance and revocation of

 2  permits issued by the department pursuant to this chapter.

 3         Section 6.  Paragraph (a) of subsection (1), subsection

 4  (2), and paragraph (a) of subsection (4) of section 502.053,

 5  Florida Statutes, are amended to read:

 6         502.053  Permits; requirements; exemptions; temporary

 7  permits.--

 8         (1)  PERMITS.--

 9         (a)  Each Grade A milk plant, whether located in the

10  state or outside the state, and each manufacturing milk plant,

11  milk producer, milk hauler, milk hauling service, washing

12  station operator, milk plant operator, milk distributor,

13  single-service-container manufacturer, receiving station, and

14  transfer station in the state, shall apply to the department

15  for a permit to operate. The application shall be on forms

16  developed by the department.

17         (2)  REQUIREMENTS.--

18         (a)  To obtain a permit, an applicant must satisfy all

19  requirements that are defined by the department in rule and

20  must agree to comply with the applicable provisions of this

21  chapter and rules adopted promulgated under this chapter.

22         (b)  All permitholders must maintain records of

23  transactions concerning the procurement, production, and

24  processing of milk and milk products as required in the Grade

25  "A" pasteurized milk ordinance and grant department inspectors

26  access to such records during all reasonable hours.

27         (c)  In addition to the testing required in the Grade

28  "A" pasteurized milk ordinance and its appendices, each milk

29  plant operator in the state shall be responsible for routine

30  testing and inspection of raw milk shipped from outside the

31  state prior to processing and shall notify the department when

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 1  such testing and inspection indicate indicates a violation of

 2  the standards contained in the Grade "A" pasteurized milk

 3  ordinance.

 4         (4)  TEMPORARY PERMITS.--

 5         (a)  The department may issue a temporary permit for a

 6  period not exceeding 90 days to milk producers and milk

 7  haulers who have submitted an application to the department

 8  and passed a preliminary inspection as required in the Grade

 9  "A" pasteurized milk ordinance.

10         Section 7.  Section 502.054, Florida Statutes, is

11  amended to read:

12         502.054  Inspection and reinspection.--The department

13  shall establish a schedule for inspections which shall require

14  routine inspections in accordance with the minimum

15  requirements contained in the Grade "A" pasteurized milk

16  ordinance and more frequent inspections or reinspections for

17  permitholders with serious or repeated violations.

18         Section 8.  Subsection (1) of section 502.091, Florida

19  Statutes, is amended to read:

20         502.091  Milk and milk products which may be sold.--

21         (1)  Only Grade A pasteurized milk and milk products,

22  pasteurized manufactured milk products, and cheese made from

23  pasteurized milk shall be sold at retail to the final consumer

24  or to food service establishments as defined in chapter 381,

25  food establishments as defined in chapter 500, or public food

26  service establishments as defined in chapter 509 restaurants,

27  soda fountains, grocery stores, or similar establishments.

28  Cheese made from raw milk may also be sold at retail to the

29  final consumer or to food service establishments as defined in

30  chapter 381, food establishments as defined in chapter 500, or

31  public food service establishments as defined in chapter 509

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 1  if the cheese is aged more than 60 days at a temperature above

 2  35° F.

 3         (a)  In an emergency, however, the department may

 4  authorize the sale of reconstituted pasteurized milk products,

 5  or pasteurized milk and milk products that have not been

 6  graded or the grade of which that is unknown, in which case

 7  such milk and milk products shall be appropriately labeled, as

 8  determined by the department.

 9         (b)  If the department determines that milk is fit for

10  human consumption even though it is less than Grade A because

11  the producer failed to comply with the sanitation or bacterial

12  standards defined in this chapter, or if any specific shipment

13  of milk fails to comply with standards of the Grade "A"

14  pasteurized milk ordinance, the department may issue a permit

15  allowing the milk to be used in ungraded products, such as

16  frozen desserts, which are being processed by such milk plant.

17  During processing of such milk, it shall be pasteurized at a

18  temperature of at least 175° F. for at least 15 seconds or at

19  least 160° F. for at least 30 minutes.

20         Section 9.  Sections 591.27, 591.28, 591.29, 591.30,

21  591.31, 591.32, 591.33, and 591.34, Florida Statutes, are

22  repealed.

23         Section 10.  This act shall take effect July 1, 2007.

24  

25            *****************************************

26                          SENATE SUMMARY

27    Revises the registration requirements for brands of
      pesticides. Provides for biennial registration effective
28    January 1, 2009. Updates references to the federal law
      applicable to the regulation of the sale of bottled water
29    and the operation of bottled water plants. Revises
      various provisions governing the regulation of milk
30    plants and the sale of milk and milk products by the
      Department of Agriculture and Consumer Services. Repeals
31    provisions governing the designation, marking, and
      cutting of seed trees. (See bill for details.)
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