Florida Senate - 2022 SB 1832 By Senator Brodeur 9-01413A-22 20221832__ 1 A bill to be entitled 2 An act relating to food recovery; amending s. 595.420, 3 F.S.; defining terms; directing the Department of 4 Agriculture and Consumer Services, subject to 5 appropriation, to implement a pilot program to provide 6 incentives to Florida growers to contribute high 7 quality fresh fruits and vegetables to food recovery 8 entities in the state; authorizing food recovery 9 entities to negotiate the purchase price of produce 10 and reimburse agricultural companies for certain 11 costs; providing produce shipping requirements; 12 requiring the department to reimburse food recovery 13 entities for certain costs; providing reimbursement 14 invoice requirements; requiring the department to 15 submit a report to the Governor and Legislature by a 16 specified date and to adopt rules; providing an 17 appropriation; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Subsection (8) is added to section 595.420, 22 Florida Statutes, to read: 23 595.420 Food recovery; legislative intent; department 24 functions.— 25 (8)(a) As used in this subsection, the term: 26 1. “Agricultural company” means a fruit or vegetable 27 producer in the state that has an affiliated shipper and is 28 licensed under the United States Perishable Agricultural 29 Commodities Act. 30 2. “Food recovery entity” means a nonprofit association 31 engaged in food recovery and distribution with at least 20 years 32 of operation in the state that has received a minimum of 10 33 million pounds of perishable produce annually for the last 3 34 years. 35 (b) Subject to appropriation, the department shall 36 implement a pilot program to provide incentives to Florida 37 agricultural companies to contribute high-quality fresh fruits 38 and vegetables to food recovery entities in the state. The goal 39 of the pilot program is to reach annual contributions of 50 40 million pounds of high-quality fresh fruits and vegetables from 41 Florida growers to food recovery entities by July 1, 2025. 42 (c) To encourage agricultural companies to contribute high 43 quality fresh fruits and vegetables, a food recovery entity may 44 negotiate the price per pound for produce and reimburse 45 agricultural companies on a dollar-for-dollar basis for costs 46 relating to picking, packing, precooling, and transporting high 47 quality fresh fruits and vegetables from the farm to the food 48 recovery entity. Such produce must meet the Unites States 49 Department of Agriculture grade 1 or 2 standards and must be 50 shipped within 7 days after the harvest date. The shipping date 51 may be modified based on the expected shelf life of a particular 52 fruit or vegetable, as long as the modified shipping date will 53 not affect the grade 1 or 2 standards. The harvest date must be 54 included on the invoice provided by the agricultural company to 55 the food recovery entity. 56 (d) The department shall reimburse food recovery entities 57 on a dollar-for-dollar basis for the purchase of high-quality 58 fresh fruits and vegetables from agricultural companies plus a 59 10 cents per pound distribution reimbursement. To receive 60 reimbursement, a food recovery entity must submit an invoice as 61 prescribed by the department, which includes, at a minimum, the 62 following information: 63 1. Ship date. 64 2. Ship location by city. 65 3. Harvest date. 66 4. Packaging type and size. 67 5. Delivery location by city. 68 6. Delivery date. 69 7. Received weight in total pounds for each crop. 70 8. Total price per pound for each crop. 71 9. Total invoice price paid. 72 10. Total pounds delivered. 73 (e) The department shall submit a report on the pilot 74 program, including recommendations for legislation, to the 75 Governor, the President of the Senate, and the Speaker of the 76 House of Representatives by January 1, 2025. 77 (f) The department shall adopt rules to implement this 78 subsection. 79 Section 2. For the 2022-2023 fiscal year, the sum of $5 80 million in nonrecurring funds is appropriated to the Department 81 of Agriculture and Consumer Services to implement a pilot 82 program pursuant to s. 595.420(8), Florida Statutes. 83 Section 3. This act shall take effect July 1, 2022.