Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 868
       
       
       
       
       
       
                                Barcode 577798                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2009           .                                
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       The Committee on Regulated Industries (Dean) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 1086 - 1179
    4  and insert:
    5  
    6         Section 28. Section 500.70, Florida Statutes, is created to
    7  read:
    8         500.70Tomato food safety standards; inspections;
    9  penalties; tomato good agricultural practices; tomato best
   10  management practices.
   11         (1)As used in this section, the term:
   12         (a)“Field packing” means the packing of tomatoes on a
   13  tomato farm or in a tomato greenhouse into containers for sale
   14  for human consumption without transporting the tomatoes to a
   15  packinghouse.
   16         (b)“Packing” or “repacking” means the packing of tomatoes
   17  into containers for sale for human consumption. The term
   18  includes the sorting or separating of tomatoes into grades and
   19  sizes. The term also includes field packing.
   20         (c)“Producing” means the planting, growing, or cultivating
   21  of tomatoes on a tomato farm or in a tomato greenhouse for sale
   22  for human consumption.
   23         (2)The department may adopt rules establishing food safety
   24  standards to safeguard the public health and promote the public
   25  welfare by protecting the consuming public from injury caused by
   26  the adulteration or the microbiological, chemical, or
   27  radiological contamination of tomatoes. The rules must be based
   28  on federal requirements, available scientific research,
   29  generally accepted industry practices, and recommendations of
   30  food safety professionals. The rules shall apply to the
   31  producing, harvesting, packing, and repacking of tomatoes for
   32  sale for human consumption by a tomato farm, tomato greenhouse,
   33  or tomato packinghouse or repacker in this state. The rules may
   34  include, but are not limited to, standards for:
   35         (a)Registration with the department of a person who
   36  produces, harvests, packs, or repacks tomatoes in this state who
   37  does not hold a food permit issued under s. 500.12.
   38         (b)Proximity of domestic animals and livestock to the
   39  production areas for tomatoes.
   40         (c)Food safety related use of water for irrigation during
   41  production and washing of tomatoes after harvest.
   42         (d)Use of fertilizers.
   43         (e)Cleaning and sanitation of containers, materials,
   44  equipment, vehicles, and facilities, including storage and
   45  ripening areas.(f)Health, hygiene, and sanitation of employees
   46  who handle tomatoes.
   47         (g)Training and continuing education of a person who
   48  produces, harvests, packs, or repacks tomatoes in this state,
   49  and the person’s employees who handle tomatoes.
   50         (h)Labeling and recordkeeping, including standards for
   51  identifying and tracing tomatoes for sale for human consumption.
   52         (3)(a)The department may inspect tomato farms, tomato
   53  greenhouses, tomato packinghouses, repacking locations, or any
   54  vehicle being used to transport or hold tomatoes to ensure
   55  compliance with the applicable provisions of this chapter, and
   56  the rules adopted under this chapter.
   57         (b)The department may impose an administrative fine not to
   58  exceed $5,000 per violation, or issue a written notice or
   59  warning under s. 500.179, against a person who violates any
   60  applicable provision of this section, or any rule adopted under
   61  this section.
   62         (4)(a)The department may adopt rules establishing tomato
   63  good agricultural practices and tomato best management practices
   64  for the state’s tomato industry based on applicable federal
   65  requirements, available scientific research, generally accepted
   66  industry practices, and recommendations of food safety
   67  professionals.
   68         (b)A person who documents compliance with the department’s
   69  rules, tomato good agricultural practices, and tomato best
   70  management practices is presumed to introduce tomatoes into the
   71  stream of commerce that are safe for human consumption, unless
   72  the department identifies noncompliance through inspections.
   73         (5)The following are exempt from subsections (2) and (4):
   74         (a)Tomatoes sold by the grower to a consumer on the
   75  premises on which they are grown in an amount that does not
   76  exceed two 25 lb. boxes per customer.
   77         (b)Tomatoes sold by the grower at a local farmers market,
   78  in an amount that does not exceed two 25 lb. boxes per customer.
   79         (6)The department may adopt rules pursuant to ss.
   80  120.536(1) and 120.54 to administer this section.
   81  
   82  ================= T I T L E  A M E N D M E N T ================
   83         And the title is amended as follows:
   84         Delete lines 93 - 105
   85  and insert:
   86  
   87  for purposes of the Florida Food Safety Act; creating s. 500.70,
   88  F.S.; defining terms; requiring minimum food safety standards
   89  for producing, harvesting, packing, and repacking tomatoes;
   90  authorizing the department to inspect tomato farms, greenhouses,
   91  and packinghouses or repackers; providing penalties; authorizing
   92  the department to establish good agricultural practices and best
   93  management practices for the tomato industry by rule; providing
   94  a presumption that tomatoes introduced into commerce are safe
   95  for human consumption under certain circumstances; exempting
   96  certain tomatoes from certain food safety standards and good
   97  agricultural practices and best management practices;
   98  authorizing the department to adopt