HB 1241

1	A bill to be entitled
2	An act relating to agriculture; amending s. 205.064, F.S.;
3	authorizing a person selling certain agricultural products
4	who is not a natural person to qualify for an exemption
5	from obtaining a local business tax receipt; amending s.
6	322.01, F.S.; revising the term "farm tractor" for
7	purposes of drivers' licenses; amending s. 500.03, F.S.;
8	revising the term "food establishment" to include tomato
9	repackers for purposes of the Florida Food Safety Act;
10	creating s. 500.70, F.S.; defining the terms "field
11	packing," "packing" or "repacking," and "producing";
12	requiring the Department of Agriculture and Consumer
13	Services to adopt minimum food safety standards for the
14	producing, harvesting, packing, and repacking of tomatoes;
15	authorizing the department to inspect tomato farms,
16	greenhouses, and packinghouses or repackers for compliance
17	with the standards and certain provisions of the Florida
18	Food Safety Act; providing penalties; authorizing the
19	department to publish guidance for the state's tomato
20	industry; providing a presumption that tomatoes introduced
21	into commerce are safe for human consumption under certain
22	circumstances; authorizing the department to adopt rules;
23	amending s. 570.07, F.S.; authorizing the department to
24	adopt best management practices for agricultural
25	production and food safety; amending s. 570.48, F.S.;
26	revising duties of the Division of Fruit and Vegetables
27	for tomato food safety inspections; amending s. 604.15,
28	F.S.; revising the term "agricultural products" to make
29	tropical foliage exempt from regulation under provisions
30	relating to dealers in agricultural products; amending s.
31	823.145, F.S.; expanding the materials used in
32	agricultural operations that may be disposed of by open
33	burning; providing certain limitations on open burning;
34	providing an effective date.
35
36	Be It Enacted by the Legislature of the State of Florida:
37
38	Section 1.  Subsection (1) of section 205.064, Florida
39	Statutes, is amended to read:
40	205.064  Farm, aquacultural, grove, horticultural,
41	floricultural, tropical piscicultural, and tropical fish farm
42	products; certain exemptions.--
43	(1)  A local business tax receipt is not required of any
44	natural person for the privilege of engaging in the selling of
45	farm, aquacultural, grove, horticultural, floricultural,
46	tropical piscicultural, or tropical fish farm products, or
47	products manufactured therefrom, except intoxicating liquors,
48	wine, or beer, when such products were grown or produced by such
49	natural person in the state.
50	Section 2.  Subsection (20) of section 322.01, Florida
51	Statutes, is amended to read:
52	322.01  Definitions.--As used in this chapter:
53	(20)  "Farm tractor" means a motor vehicle that is:
54	(a)  Operated principally on a farm, grove, or orchard in
55	agricultural or horticultural pursuits and that is operated on
56	the roads of this state only incidentally to transportation
57	between the owner's or operator's headquarters and the farm,
58	grove, or orchard or between one farm, grove, or orchard and
59	another; or
60	(b)  Designed and used primarily as a farm implement for
61	drawing plows, mowing machines, and other implements of
62	husbandry.
63	Section 3.  Paragraph (n) of subsection (1) of section
64	500.03, Florida Statutes, is amended to read:
65	500.03  Definitions; construction; applicability.--
66	(1)  For the purpose of this chapter, the term:
67	(n)  "Food establishment" means any factory, food outlet,
68	or any other facility manufacturing, processing, packing,
69	holding, or preparing food, or selling food at wholesale or
70	retail. The term does not include any business or activity that
71	is regulated under chapter 509 or chapter 601. The term includes
72	tomato packinghouses and repackers but does not include any
73	other establishments that pack fruits and vegetables in their
74	raw or natural states, including those fruits or vegetables that
75	are washed, colored, or otherwise treated in their unpeeled,
76	natural form before they are marketed.
77	Section 4.  Section 500.70, Florida Statutes, is created to
78	read:
79	500.70  Tomato food safety standards; inspections;
80	penalties; tomato good agricultural practices; tomato best
81	management practices.--
82	(1)  As used in this section, the term:
83	(a)  "Field packing" means the packing of tomatoes on a
84	tomato farm or in a tomato greenhouse into containers for sale
85	for human consumption without transporting the tomatoes to a
86	packinghouse.
87	(b)  "Packing" or "repacking" means the packing of tomatoes
88	into containers for sale for human consumption. The term
89	includes the sorting or separating of tomatoes into grades and
90	sizes. The term also includes field packing.
91	(c)  "Producing" means the planting, growing, or
92	cultivating of tomatoes on a tomato farm or in a tomato
93	greenhouse for sale for human consumption.
94	(2)  The department may adopt rules establishing food
95	safety standards to safeguard the public health and promote the
96	public welfare by protecting the consuming public from injury
97	caused by the adulteration or the microbiological, chemical, or
98	radiological contamination of tomatoes. The rules must be based
99	on federal requirements, available scientific research,
100	generally accepted industry practice, and recommendations of
101	food safety professionals. The rules shall apply to the
102	producing, harvesting, packing, and repacking of tomatoes for
103	sale for human consumption by a tomato farm, tomato greenhouse,
104	or tomato packinghouse or repacker in this state. The rules may
105	include, but are not limited to, standards for:
106	(a)  Registration with the department of a person who
107	produces, harvests, packs, or repacks tomatoes in this state who
108	does not hold a food permit issued under s. 500.12.
109	(b)  Proximity of domestic animals and livestock to the
110	production areas for tomatoes.
111	(c)  Food safety related use of water for irrigation during
112	production and washing of tomatoes after harvest.
113	(d)  Use of fertilizers.
114	(e)  Cleaning and sanitation of containers, materials,
115	equipment, vehicles, and facilities, including storage and
116	ripening areas.
117	(f)  Health, hygiene, and sanitation of employees who
118	handle tomatoes.
119	(g)  Training and continuing education of a person who
120	produces, harvests, packs, or repacks tomatoes in this state,
121	and the person's employees who handle tomatoes.
122	(h)  Labeling and recordkeeping, including standards for
123	identifying and tracing tomatoes for sale for human consumption.
124	(3)(a)  The department may inspect tomato farms, tomato
125	greenhouses, tomato packinghouses, repacking locations, or any
126	vehicle being used to transport or hold tomatoes to insure
127	compliance with the applicable provisions of this chapter, and
128	the rules adopted under this chapter.
129	(b)  The department may impose an administrative fine not
130	to exceed $5,000 per violation, or issue a written notice or
131	warning under s. 500.179, against a person who violates any
132	applicable provision of this chapter, or any rule adopted under
133	this chapter.
134	(4)(a)  The department may adopt rules establishing tomato
135	good agricultural practices and tomato best management practices
136	as guidance for the state's tomato industry based on applicable
137	federal requirements, available scientific research, generally
138	accepted industry practices, and recommendations of food safety
139	professionals.
140	(b)  A person who documents compliance with the
141	department's rules, tomato good agricultural practices, and
142	tomato best management practices is presumed to introduce
143	tomatoes into the stream of commerce that are safe for human
144	consumption, unless the department identifies noncompliance
145	through inspections.
146	(5)  The department may adopt rules pursuant to ss.
147	120.536(1) and 120.54 to administer this section.
148	Section 5.  Subsection (10) of section 570.07, Florida
149	Statutes, is amended to read:
150	570.07  Department of Agriculture and Consumer Services;
151	functions, powers, and duties.--The department shall have and
152	exercise the following functions, powers, and duties:
153	(10)  To act as adviser to producers and distributors, when
154	requested, and to assist them in the economical and efficient
155	distribution of their agricultural products, and to encourage
156	cooperative effort among producers to gain economical and
157	efficient production of agricultural products, and to adopt
158	rules pursuant to ss. 120.536(1) and 120.54 establishing
159	comprehensive best management practices for agricultural
160	production and food safety.
161	Section 6.  Paragraph (e) of subsection (2) of section
162	570.48, Florida Statutes, is amended to read:
163	570.48  Division of Fruit and Vegetables; powers and
164	duties; records.--The duties of the Division of Fruit and
165	Vegetables include, but are not limited to:
166	(2)
167	(e)  Performing tomato food safety inspections under s.
168	500.70 on tomato farms, in tomato greenhouses, and in tomato
169	packinghouses and repackers.
170	Section 7.  Subsection (1) of section 604.15, Florida
171	Statutes, is amended to read:
172	604.15  Dealers in agricultural products; definitions.--For
173	the purpose of ss. 604.15-604.34, the following words and terms,
174	when used, shall be construed to mean:
175	(1)  "Agricultural products" means the natural products of
176	the farm, nursery, grove, orchard, vineyard, garden, and apiary
177	(raw or manufactured); sod; tropical foliage; horticulture; hay;
178	livestock; milk and milk products; poultry and poultry products;
179	the fruit of the saw palmetto (meaning the fruit of the Serenoa
180	repens); limes (meaning the fruit Citrus aurantifolia, variety
181	Persian, Tahiti, Bearss, or Florida Key limes); and any other
182	nonexempt agricultural products produced in the state, except
183	tobacco, sugarcane, tropical foliage, timber and timber
184	byproducts, forest products as defined in s. 591.17, and citrus
185	other than limes.
186	Section 8.  Section 823.145, Florida Statutes, is amended
187	to read:
188	823.145  Disposal by open burning of certain materials
189	mulch plastic used in agricultural operations.--Polyethylene
190	agricultural mulch plastic; damaged, nonsalvageable, untreated
191	wood pallets; and packing material that cannot be feasibly
192	recycled, which are used in connection with agricultural
193	operations related to the growing, harvesting, or maintenance of
194	crops, may be disposed of by open burning provided that no
195	public nuisance or any condition adversely affecting the
196	environment or the public health is created thereby and that
197	state or federal national ambient air quality standards are not
198	violated.
199	Section 9.  This act shall take effect July 1, 2009.

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