Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 1422 Ì770948RÎ770948 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/13/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Appropriations Committee on Agriculture, Environment, and General Government (Burgess) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (8) is added to section 595.420, 6 Florida Statutes, to read: 7 595.420 Food recovery; legislative intent; department 8 functions.— 9 (8)(a) As used in this subsection, the term: 10 1. “Current wholesale market price” means the wholesale 11 market price for each fresh food product on an invoice dated at 12 the closest shipping point, as reported by the United States 13 Department of Agriculture’s USDA Market News. 14 2. “Discounted price” means a price for fresh food products 15 sold by each food producer at a price that is at least 50 16 percent below the current wholesale market price. 17 3. “Food producer” means an agricultural company that 18 produces fresh food products in this state or the company’s 19 associated shipper. 20 4. “Food recovery entity” means a nonprofit association 21 engaged in food recovery and distribution which has been in 22 operation in this state for at least 10 years and has received a 23 minimum of 10 million pounds of perishable produce annually 24 within the last 3 years. 25 5. “Fresh food products” includes fresh fruits, vegetables, 26 proteins, poultry, eggs, and dairy that are produced in this 27 state by a food producer. 28 6. “High-quality fresh food products” means fresh food 29 products that meet United States Department of Agriculture 30 commodity standards and grades upon delivery to their final 31 destination. 32 (b) Subject to legislative appropriation, the department 33 shall implement a program to provide incentives to food 34 producers to sell high-quality fresh food products to food 35 recovery entities in this state at a discounted price. The goal 36 of the program is to reduce human hunger in this state. 37 (c) A food recovery entity shall negotiate with a food 38 producer to pay discounted prices for the producer’s fresh food 39 products. Any invoice, bill of lading, or other document 40 provided by the food producer to the food recovery entity must 41 include the harvest or processing date, the current wholesale 42 market price of each product purchased, and the shipping 43 destination. 44 (d) A food recovery entity may reject any product that 45 fails to meet the entity’s food quality standards. 46 (e) The department shall reimburse a food recovery entity 47 for each negotiated purchase of fresh food products produced, 48 purchased, and distributed in this state. To receive a 49 reimbursement, a food recovery entity must: 50 1. Certify in writing to the department that all of the 51 fresh food products on an invoice meet the food recovery 52 entity’s food quality standards and that the fresh food products 53 received will not be sold at wholesale, retail, or secondary 54 markets for monetary gain; and 55 2. Submit the invoice and any other documents provided by 56 the food producer to the department. The invoice must include 57 all of the following information: 58 a. Shipment date. 59 b. Shipment location, by shipper and city. 60 c. Each fresh food product purchased at the discounted 61 price. 62 d. Total number of packages shipped and the price of each 63 product. 64 e. Total price paid for each product. 65 f. Total invoice price paid. 66 g. Total pounds shipped, as determined by measured weight. 67 (f) The department shall also reimburse a food recovery 68 entity for delivery and distribution costs in an amount equal to 69 2 cents per pound of fresh food products shipped, as indicated 70 by invoice. 71 (g) The department shall submit a report on the program to 72 the Governor, the President of the Senate, and the Speaker of 73 the House of Representatives by January 1, 2025, and shall 74 submit an updated report by January 1, 2026. The reports must 75 include an itemized list of all of the following: 76 1. Each fresh food product by package size, the total 77 number of packages, and the average price paid per package. 78 2. The total weight in pounds of each fresh food product 79 type, the price paid per pound for each fresh food product type, 80 and the total spent per fresh food product type. 81 3. The total amount spent and the total amount spent per 82 major fresh food product. 83 (h) The department shall adopt rules to implement this 84 subsection. 85 Section 2. This act shall take effect July 1, 2024. 86 87 ================= T I T L E A M E N D M E N T ================ 88 And the title is amended as follows: 89 Delete everything before the enacting clause 90 and insert: 91 A bill to be entitled 92 An act relating to food recovery; amending s. 595.420, 93 F.S.; defining terms; directing the Department of 94 Agriculture and Consumer Services, subject to 95 legislative appropriation, to implement a program to 96 provide incentives to food producers to sell high 97 quality fresh food products to food recovery entities 98 at a discounted price; providing a goal for the 99 program; requiring food recovery entities to negotiate 100 with food producers; providing shipping requirements; 101 requiring the department to reimburse food recovery 102 entities for certain costs; providing reimbursement 103 invoice requirements; requiring the department to 104 submit a report to the Governor and Legislature by 105 specified dates; providing requirements for the 106 report; requiring the department to adopt rules; 107 providing an effective date.