CS/CS/HB 69

1	A bill to be entitled
2	An act relating to tomato food safety; amending s. 500.03,
3	F.S.; revising the term "food establishment" to include
4	tomato repackers for purposes of the Florida Food Safety
5	Act; 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, packinghouses, and repacking
10	locations; providing penalties; authorizing the department
11	to establish good agricultural practices and best
12	management practices for the tomato industry by rule;
13	providing a presumption that tomatoes introduced into
14	commerce are safe for human consumption under certain
15	circumstances; providing exemptions; authorizing the
16	department to adopt rules; amending s. 570.07, F.S.;
17	authorizing the department to adopt best management
18	practices for agricultural production and food safety;
19	amending s. 570.48, F.S.; revising duties of the Division
20	of Fruit and Vegetables for tomato food safety
21	inspections; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Paragraph (n) of subsection (1) of section
26	500.03, Florida Statutes, is amended to read:
27	500.03  Definitions; construction; applicability.-
28	(1)  For the purpose of this chapter, the term:
29	(n)  "Food establishment" means any factory, food outlet,
30	or any other facility manufacturing, processing, packing,
31	holding, or preparing food, or selling food at wholesale or
32	retail. The term does not include any business or activity that
33	is regulated under chapter 509 or chapter 601. The term includes
34	tomato packinghouses and repackers but does not include any
35	other establishments that pack fruits and vegetables in their
36	raw or natural states, including those fruits or vegetables that
37	are washed, colored, or otherwise treated in their unpeeled,
38	natural form before they are marketed.
39	Section 2.  Section 500.70, Florida Statutes, is created to
40	read:
41	500.70  Tomato food safety standards; inspections;
42	penalties; tomato good agricultural practices; tomato best
43	management practices.-
44	(1)  As used in this section, the term:
45	(a)  "Field packing" means the packing of tomatoes on a
46	tomato farm or in a tomato greenhouse into containers for sale
47	for human consumption without transporting the tomatoes to a
48	packinghouse.
49	(b)  "Packing" or "repacking" means the packing of tomatoes
50	into containers for sale for human consumption. The term
51	includes the sorting or separating of tomatoes into grades and
52	sizes. The term also includes field packing.
53	(c)  "Producing" means the planting, growing, or
54	cultivating of tomatoes on a tomato farm or in a tomato
55	greenhouse for sale for human consumption.
56	(2)  The department may adopt rules establishing food
57	safety standards to safeguard the public health and promote the
58	public welfare by protecting the consuming public from injury
59	caused by the adulteration or the microbiological, chemical, or
60	radiological contamination of tomatoes. The rules must be based
61	on federal requirements, available scientific research,
62	generally accepted industry practices, or recommendations of
63	food safety professionals. The rules shall apply to the
64	producing, harvesting, packing, and repacking of tomatoes for
65	sale for human consumption by a tomato farm, tomato greenhouse,
66	or tomato packinghouse or repacker in this state. The rules may
67	include, but are not limited to, standards for:
68	(a)  Registration with the department of a person who
69	produces, harvests, packs, or repacks tomatoes in this state who
70	does not hold a food permit issued under s. 500.12.
71	(b)  Proximity of domestic animals and livestock to the
72	production areas for tomatoes.
73	(c)  Food safety related use of water for irrigation during
74	production and washing of tomatoes after harvest.
75	(d)  Use of fertilizers.
76	(e)  Cleaning and sanitation of containers, materials,
77	equipment, vehicles, and facilities, including storage and
78	ripening areas.
79	(f)  Health, hygiene, and sanitation of employees who
80	handle tomatoes.
81	(g)  Training and continuing education of a person who
82	produces, harvests, packs, or repacks tomatoes in this state,
83	and the person's employees who handle tomatoes.
84	(h)  Labeling and recordkeeping, including standards for
85	identifying and tracing tomatoes for sale for human consumption.
86	(3)(a)  The department may inspect tomato farms, tomato
87	greenhouses, tomato packinghouses, repacking locations, or any
88	vehicle being used to transport or hold tomatoes to ensure
89	compliance with the applicable provisions of this chapter and
90	the rules adopted under this chapter.
91	(b)  The department may impose an administrative fine not
92	to exceed $5,000 per violation, or issue a written notice or
93	warning under s. 500.179, against a person who violates any
94	applicable provision of this section or any rule adopted under
95	this section.
96	(4)(a)  The department may adopt rules establishing tomato
97	good agricultural practices and tomato best management practices
98	for the state's tomato industry based on applicable federal
99	requirements, available scientific research, generally accepted
100	industry practices, or recommendations of food safety
101	professionals.
102	(b)  A person who documents compliance with the
103	department's rules, tomato good agricultural practices, and
104	tomato best management practices is presumed to introduce
105	tomatoes into the stream of commerce that are safe for human
106	consumption, unless the department identifies noncompliance
107	through inspections.
108	(5)  Subsections (2) and (4) do not apply to tomatoes sold
109	by the grower on the premises at which the tomatoes are grown,
110	at a local farmers' market, at a U-pick operation, or at a
111	roadside stand, if the quantity of tomatoes sold does not exceed
112	two 25-pound boxes per customer per day.
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.  This act shall take effect July 1, 2010.

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