Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. CS for SB 868 Barcode 577798 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/01/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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: 8 500.70 Tomato 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