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

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