Florida Senate - 2025 SB 428
By Senator Simon
3-01870A-25 2025428__
1 A bill to be entitled
2 An act relating to country of origin for wild and
3 farm-raised fish; amending s. 500.11, F.S.; providing
4 that wild and farm-raised fish are considered
5 misbranded under certain circumstances; creating s.
6 500.601, F.S.; requiring the Commissioner of
7 Agriculture to establish the Florida Wild Fish and
8 Seafood Certification Program; providing duties of the
9 commissioner and the Department of Agriculture and
10 Consumer Services in administration of the program;
11 requiring the department to adopt rules; providing
12 standards for the program; authorizing the
13 commissioner to consult with certain entities when
14 establishing regulatory authority and requirements for
15 the program; requiring all wild fish and seafood
16 products intended to be certified and marketed as
17 Florida wild fish or Florida wild seafood product to
18 meet certain requirements; providing construction;
19 providing program requirements for fishermen and
20 seafood dealers entering the program; creating s.
21 500.65, F.S.; requiring food establishments selling
22 wild or farm-raised fish to provide specified
23 information relating to the fish on a sign; providing
24 requirements for the sign; defining the term “wild or
25 farm-raised fish”; creating s. 509.1011, F.S.;
26 requiring public food service establishments selling
27 wild or farm-raised fish to publish specified
28 information relating to the fish through certain
29 means; providing requirements for publishing such
30 information; providing applicability; defining the
31 term “wild or farm-raised fish”; amending s. 509.292,
32 F.S.; providing penalties for mislabeled wild and
33 farm-raised fish; providing an effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Paragraph (q) is added to subsection (1) of
38 section 500.11, Florida Statutes, to read:
39 500.11 Food deemed misbranded.—
40 (1) A food is deemed to be misbranded:
41 (q) If it is wild or farm-raised fish not labeled in
42 accordance with s. 500.65.
43 Section 2. Section 500.601, Florida Statutes, is created to
44 read:
45 500.601 Florida Wild Fish and Seafood Certification
46 Program.—
47 (1)(a) The Commissioner of Agriculture shall establish the
48 Florida Wild Fish and Seafood Certification Program. The program
49 shall establish a quality certification program for Florida wild
50 fish and seafood products, including wild-caught shrimp, which
51 are taken, harvested, or landed in this state. The Department of
52 Agriculture and Consumer Services shall adopt rules to establish
53 the program and program standards. The standards must include,
54 but are not limited to:
55 1. Harvest requirements.
56 2. Compliance standards.
57 3. Packaging requirements.
58 4. Certification protocols.
59 (b) The commissioner may consult with the Department of
60 Health, state universities, and other state or federal agencies
61 deemed appropriate, when establishing regulatory authority over
62 and requirements for the program.
63 (2) All wild fish and seafood products intended to be
64 certified and marketed as Florida wild fish or Florida wild
65 seafood product must meet all criteria and requirements
66 established in rule by the department. Any fish or seafood
67 product sold or attempted to be sold under the program that
68 fails to meet the requirements of the program must be
69 immediately removed from the market and disposed of, as
70 prescribed by department rule.
71 (3) Any fisherman or seafood dealer who wishes to
72 participate in the program shall apply to the department, in a
73 manner prescribed by the department, to be issued a
74 participation permit. The permit may be suspended or revoked by
75 the department for a violation of the requirements of the
76 program. Any holder of a permit who harvests or markets wild
77 fish or wild seafood products in accordance with the program may
78 market the wild fish or wild seafood products as Florida wild
79 fish and Florida wild seafood products.
80 Section 3. Section 500.65, Florida Statutes, is created to
81 read:
82 500.65 Labeling of wild and farm-raised fish.—
83 (1) Each food establishment selling wild or farm-raised
84 fish that originated outside of the United States shall provide
85 whether the fish is wild or farm-raised and the country of
86 origin for such fish or denote that such fish is imported in
87 letters no smaller than the same size, font, and shade as the
88 fish being offered is listed, by means of a label, stamp, mark,
89 placard, or other visible sign on the package, display, holding
90 unit, or bin containing the fish at the final point of sale or
91 by posting a sign stating such information. The sign must be at
92 least 8.5 inches wide by 11 inches tall and placed not less than
93 36 inches from the floor located in a conspicuous location where
94 the fish is held for offer using English letters not less than 1
95 inch in size.
96 (2) For purposes of this section, the term “wild or farm
97 raised fish” includes fish and shrimp. The term does not include
98 crabs, lobsters, oysters, crayfish, clams, or scallops.
99 Section 4. Section 509.1011, Florida Statutes, is created
100 to read:
101 509.1011 Labeling of wild and farm-raised fish.—
102 (1) Each public food service establishment selling wild or
103 farm-raised fish that originated outside of the United States
104 shall provide the country of origin for such fish and:
105 (a) Display on its menus the country of origin of the fish
106 and whether the fish is wild or farm-raised in letters no
107 smaller than the same size, font, and shade as the wild or farm
108 raised fish being sold is listed, immediately adjacent to the
109 menu listing;
110 (b) Affix to its menus a piece of paper with the country of
111 origin of the fish and whether the fish is wild or farm-raised
112 in letters no smaller than the same size, font, and shade as the
113 wild or farm-raised fish being sold is listed; or
114 (c) Post a sign stating the country of origin for the fish
115 and whether the fish is wild or farm-raised. The sign must be at
116 least 8.5 inches wide and 11 inches tall and placed not less
117 than 36 inches from the floor and be located in a conspicuous
118 location where the fish is held for sale using English letters
119 not less than one inch in size.
120
121 The requirements of this subsection apply to any dish served by
122 a public food service establishment that contains any wild or
123 farm-raised fish that originated outside of the United States.
124 (2) For purposes of this section, the term “wild or farm
125 raised fish” includes fish and shrimp. The term does not include
126 crabs, lobsters, oysters, crayfish, clams, or scallops.
127 Section 5. Paragraph (d) is added to subsection (1) of
128 section 509.292, Florida Statutes, to read:
129 509.292 Misrepresenting food or food product; penalty.—
130 (1) An operator may not knowingly and willfully
131 misrepresent the identity of any food or food product to any of
132 the patrons of such establishment. The identity of food or a
133 food product is misrepresented if:
134 (d) For wild or farm-raised fish, the wild or farm-raised
135 fish is not labeled in accordance with s. 509.1011.
136 Section 6. This act shall take effect July 1, 2025.