1 | A bill to be entitled |
2 | An act relating to a review under the Open Government |
3 | Sunset Review Act regarding food safety or food-borne |
4 | illness investigations; amending s. 500.148, F.S.; |
5 | reorganizing the exemption; removing the scheduled repeal |
6 | of the exemption; providing an effective date. |
7 |
|
8 | Be It Enacted by the Legislature of the State of Florida: |
9 |
|
10 | Section 1. Section 500.148, Florida Statutes, is amended |
11 | to read: |
12 | 500.148 Reports and dissemination of information; |
13 | confidentiality.-- |
14 | (1)(a) Information deemed confidential under 21 C.F.R. |
15 | part 20.61, part 20.62, or part 20.88, or 5 U.S.C. s. 552(b), |
16 | and which is provided to the department during a joint food |
17 | safety or food-borne illness investigation, as a requirement for |
18 | conducting a federal-state contract or partnership activity, or |
19 | for regulatory review, is confidential and exempt from s. |
20 | 119.07(1) and s. 24(a), Art. I of the State Constitution. |
21 | (b) Such confidential and exempt information may not be |
22 | disclosed except under a final determination by the appropriate |
23 | federal agency that the information is no longer entitled to |
24 | protection or pursuant to an order of the court. |
25 | (c) Nothing in this section shall be construed to prohibit |
26 | the department from collecting, reporting, and illustrating the |
27 | results of these investigations. |
28 | (2) The department may: |
29 | (a) Publish from time to time reports summarizing all |
30 | judgments and court orders that have been rendered under this |
31 | chapter, including the nature of the charges and the disposition |
32 | thereof. |
33 | (b)(2) The department may also Disseminate any information |
34 | regarding food that it considers necessary in the interest of |
35 | public health and the protection of the consumer against fraud. |
36 | Nothing in this section shall be construed to prohibit the |
37 | department from collecting, reporting, and illustrating the |
38 | results of these investigations. |
39 | (3) Information deemed confidential under 21 C.F.R. part |
40 | 20.61, part 20.62, or part 20.88, or 5 U.S.C. s. 552(b), and |
41 | which is provided to the department during a joint food safety |
42 | or food illness investigation, as a requirement for conducting a |
43 | federal-state contract or partnership activity, or for |
44 | regulatory review, is confidential and exempt from s. 119.07(1) |
45 | and s. 24(a), Art. I of the State Constitution. Such information |
46 | may not be disclosed except under a final determination by the |
47 | appropriate federal agencies that such records are no longer |
48 | entitled to protection, or pursuant to an order of the court. |
49 | This section is subject to the Open Government Sunset Review Act |
50 | of 1995 in accordance with s. 119.15, and shall stand repealed |
51 | on October 2, 2008, unless reviewed and saved from repeal |
52 | through reenactment by the Legislature. |
53 | (a)(4) Upon request of a food establishment, the |
54 | department may issue a report certifying that the requesting |
55 | food establishment currently complies with the sanitation and |
56 | permitting requirements of this chapter and the rules |
57 | promulgated thereunder. Such certification may be requested for |
58 | the purpose of exporting food to a foreign country. |
59 | (b) The department is authorized to recover the cost |
60 | associated with carrying out the provisions of this subsection, |
61 | the amount of which shall be set by rule. |
62 | Section 2. This act shall take effect October 1, 2008. |