HB 69

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

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