Florida Senate - 2010 SB 350 By Senator Dean 3-00291-10 2010350__ 1 A bill to be entitled 2 An act relating to agriculture; amending s. 500.03, 3 F.S.; redefining the term “food establishment” to 4 include tomato repackers for purposes of the Florida 5 Food Safety Act; creating s. 500.70, F.S.; defining 6 the terms “field packing,” “packing” or “repacking,” 7 and “producing”; requiring that the Department of 8 Agriculture and Consumer Services adopt minimum food 9 safety standards for the producing, harvesting, 10 packing, and repacking of tomatoes; authorizing the 11 department to inspect tomato farms, greenhouses, and 12 packinghouses or repackers for compliance with the 13 standards and certain provisions of the Florida Food 14 Safety Act; providing penalties; authorizing the 15 department to publish guidance for the state’s tomato 16 industry; providing a presumption that tomatoes 17 introduced into commerce are safe for human 18 consumption under certain circumstances; authorizing 19 the department to adopt rules; amending s. 570.07, 20 F.S.; authorizing the department to adopt best 21 management practices for agricultural production and 22 food safety; amending s. 570.48, F.S.; revising duties 23 of the Division of Fruit and Vegetables for tomato 24 food safety inspections to conform to changes made by 25 the act; amending ss. 570.53 and 570.54, F.S.; 26 revising duties of the Division of Marketing and 27 Development and its director to conform to changes 28 made by the act; providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Paragraph (n) of subsection (1) of section 33 500.03, Florida Statutes, is amended to read: 34 500.03 Definitions; construction; applicability.— 35 (1) For the purpose of this chapter, the term: 36 (n) “Food establishment” means any factory, food outlet, or 37 any other facility manufacturing, processing, packing, holding, 38 or preparing food, or selling food at wholesale or retail. The 39 term does not include any business or activity that is regulated 40 under chapter 509 or chapter 601. The term includes tomato 41 packinghouses and repackers but does not include any other 42 establishments that pack fruits and vegetables in their raw or 43 natural states, including those fruits or vegetables that are 44 washed, colored, or otherwise treated in their unpeeled, natural 45 form before they are marketed. 46 Section 2. Section 500.70, Florida Statutes, is created to 47 read: 48 500.70 Tomato food safety standards; inspections; 49 penalties; tomato good agricultural practices; tomato best 50 management practices.— 51 (1) As used in this section, the term: 52 (a) “Field packing” means the packing of tomatoes on a 53 tomato farm or in a tomato greenhouse into containers for sale 54 for human consumption without transporting the tomatoes to a 55 packinghouse. 56 (b) “Packing” or “repacking” means the packing of tomatoes 57 into containers for sale for human consumption. The term 58 includes the sorting or separating of tomatoes into grades and 59 sizes. The term also includes field packing. 60 (c) “Producing” means the planting, growing, or cultivating 61 of tomatoes on a tomato farm or in a tomato greenhouse for sale 62 for human consumption. 63 (2) The department may adopt rules establishing food safety 64 standards to safeguard the public health and promote the public 65 welfare by protecting the consuming public from injury caused by 66 the adulteration or the microbiological, chemical, or 67 radiological contamination of tomatoes. The rules must be based 68 on federal requirements, available scientific research, 69 generally accepted industry practices, and recommendations of 70 food safety professionals. The rules shall apply to the 71 producing, harvesting, packing, and repacking of tomatoes for 72 sale for human consumption by a tomato farm, tomato greenhouse, 73 or tomato packinghouse or repacker in this state. The rules may 74 include, but are not limited to, standards for: 75 (a) Registration with the department of a person who 76 produces, harvests, packs, or repacks tomatoes in this state and 77 does not hold a food permit issued under s. 500.12. 78 (b) Proximity of domestic animals and livestock to the 79 production areas for tomatoes. 80 (c) Food-safety-related use of water for irrigation during 81 production and washing of tomatoes after harvest. 82 (d) Use of fertilizers. 83 (e) Cleaning and sanitation of containers, materials, 84 equipment, vehicles, and facilities, including storage and 85 ripening areas. 86 (f) Health, hygiene, and sanitation of employees who handle 87 tomatoes. 88 (g) Training and continuing education for a person who 89 produces, harvests, packs, or repacks tomatoes in this state, 90 and employees who handle tomatoes. 91 (h) Labeling and recordkeeping, including standards for 92 identifying and tracking the location of tomatoes for sale for 93 human consumption. 94 (3)(a) The department may inspect tomato farms, tomato 95 greenhouses, tomato packinghouses, repacking locations, or any 96 vehicle being used to transport or hold tomatoes to ensure 97 compliance with the applicable provisions of this chapter and 98 the rules adopted under this chapter. 99 (b) The department may impose an administrative fine not to 100 exceed $5,000 per violation, or issue a written notice or 101 warning under s. 500.179, against a person who violates any 102 applicable provision of this section or any rule adopted under 103 this section. 104 (4)(a) The department may adopt rules establishing good 105 agricultural practices and best management practices for the 106 state’s tomato industry based on applicable federal 107 requirements, available scientific research, generally accepted 108 industry practices, and recommendations of food safety 109 professionals. 110 (b) A person who documents compliance with the department’s 111 rules, good agricultural practices, and best management 112 practices for the tomato industry is presumed to introduce 113 tomatoes into the stream of commerce which are safe for human 114 consumption, unless the department identifies noncompliance 115 through inspections. 116 (5) The department may adopt rules pursuant to ss. 117 120.536(1) and 120.54 to administer this section. 118 Section 3. Subsection (10) of section 570.07, Florida 119 Statutes, is amended to read: 120 570.07 Department of Agriculture and Consumer Services; 121 functions, powers, and duties.—The department shall have and 122 exercise the following functions, powers, and duties: 123 (10) To act as adviser to producers and distributors, when 124 requested,andto assist them in the economical and efficient 125 distribution of their agricultural products,andto encourage 126 cooperative effort among producers to gain economical and 127 efficient production of agricultural products, and to adopt 128 rules pursuant to ss. 120.536(1) and 120.54 establishing 129 comprehensive best management practices for agricultural 130 production and food safety. 131 Section 4. Paragraph (e) of subsection (2) of section 132 570.48, Florida Statutes, is amended to read: 133 570.48 Division of Fruit and Vegetables; powers and duties; 134 records.—The duties of the Division of Fruit and Vegetables 135 include, but are not limited to: 136 (2) 137 (e) Performing tomato food safety inspections under s. 138 500.70 on tomato farms, in tomato greenhouses, and in tomato 139 packinghouses and repackers. 140 Section 5. Paragraph (e) of subsection (6) of section 141 570.53, Florida Statutes, is amended to read: 142 570.53 Division of Marketing and Development; powers and 143 duties.—The powers and duties of the Division of Marketing and 144 Development include, but are not limited to: 145 (6) 146 (e) Extending in every practicable way the distribution and 147 sale of Florida agricultural products throughout the markets of 148 the world as required of the department by ss. 500.70, 149 570.07(7), (8), (10), and (11), and 570.071 and chapters 571, 150 573, and 574. 151 Section 6. Subsection (2) of section 570.54, Florida 152 Statutes, is amended to read: 153 570.54 Director; duties.— 154 (2) It shall be the duty of the director of this division 155 to supervise, direct, and coordinate the activities authorized 156 by ss. 500.70, 570.07(4), (7), (8), (10), (11), (12), (17), 157 (18), and (20), 570.071, 570.21, 534.47-534.53, and 604.15 158 604.34 and chapters 504, 571, 573, and 574 and to exercise other 159 powers and authority as authorized by the department. 160 Section 7. This act shall take effect July 1, 2010.