Florida Senate - 2024 SB 1422 By Senator Burgess 23-01084A-24 20241422__ 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 legislative appropriation, to implement a program to 6 provide incentives to food producers to sell high 7 quality fresh food products to food recovery entities 8 at a discounted price; providing a goal for the 9 program; requiring food recovery entities to negotiate 10 with food producers; providing shipping requirements; 11 requiring the department to reimburse food recovery 12 entities for certain costs; providing reimbursement 13 invoice requirements; requiring the department to 14 submit a report to the Governor and Legislature by 15 specified dates; providing requirements for the 16 report; requiring the department to adopt rules; 17 providing an appropriation; providing an effective 18 date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Subsection (8) is added to section 595.420, 23 Florida Statutes, to read: 24 595.420 Food recovery; legislative intent; department 25 functions.— 26 (8)(a) As used in this subsection, the term: 27 1. “Food producer” means an agricultural company that 28 produces fresh food products in this state or the company’s 29 associated shipper. 30 2. “Food recovery entity” means a nonprofit association 31 engaged in food recovery and distribution which has been in 32 operation in this state for at least 20 years and has received a 33 minimum of 10 million pounds of perishable produce annually 34 within the last 3 years. 35 3. “Fresh food products” includes fresh fruits, vegetables, 36 proteins, poultry, eggs, and dairy, produced in this state by a 37 food producer. 38 4. “High-quality fresh food products” means fresh food 39 products that meet United States Department of Agriculture 40 commodity standards and grades upon delivery to their final 41 destination. 42 (b) Subject to legislative appropriation, the department 43 shall implement a program to provide incentives to food 44 producers to sell high-quality fresh food products to food 45 recovery entities in this state at a discounted price. The goal 46 of the program is to reduce human hunger in this state. 47 (c) A food recovery entity shall negotiate with a food 48 producer to pay discounted prices for the producer’s fresh food 49 products. An invoice, bill of lading, or other documents 50 provided by the food producer to the food recovery entity must 51 include the harvest or processing date, the current market price 52 of each product purchased, and the shipping destination. 53 (d) A food recovery entity may reject any product that 54 fails to meet the entity’s food quality standards. 55 (e) The department shall reimburse a food recovery entity 56 for each negotiated purchase of fresh food products produced, 57 purchased, and distributed in this state. To receive a 58 reimbursement, a food recovery entity must: 59 1. Certify in writing to the department that all of the 60 fresh food products on an invoice meet the food recovery 61 entity’s food quality standards and that the fresh food products 62 received will not be sold at wholesale, retail, or secondary 63 markets for monetary gain; and 64 2. Submit the invoice and any other documents provided by 65 the food producer to the department. The invoice must include 66 all of the following information: 67 a. Shipment date. 68 b. Shipment location, by shipper and city. 69 c. Total number of packages shipped and the price of each 70 product. 71 d. Total price paid for each product. 72 e. Total invoice price paid. 73 f. Total pounds shipped, as determined by measured weight 74 or an estimated weight, for each fresh food product. 75 (f) The department shall also reimburse a food recovery 76 entity for delivery and distribution costs in an amount equal to 77 2 cents per pound of fresh food products shipped, as indicated 78 by invoice. 79 (g) The department shall submit a report on the program to 80 the Governor, the President of the Senate, and the Speaker of 81 the House of Representatives by January 1, 2025, and shall 82 submit an updated report by January 1, 2026. The reports must 83 include an itemized list of all of the following: 84 1. Each fresh food product by package size, the total 85 number of packages, and the average price paid per package. 86 2. The total weight in pounds of each fresh food product 87 type, the price paid per pound for each fresh food product type, 88 and the total spent per fresh food product type. 89 3. The total amount spent and the total amount spent per 90 major fresh food product. 91 (h) The department shall adopt rules to implement this 92 subsection. 93 Section 2. For the 2024-2025 fiscal year, the sum of $5 94 million in nonrecurring funds is appropriated from the General 95 Revenue Fund to the Department of Agriculture and Consumer 96 Services to implement the program created pursuant to s. 97 595.420(8), Florida Statutes, by this act. 98 Section 3. This act shall take effect July 1, 2024.