Bill Text: FL S1646 | 2019 | Regular Session | Comm Sub
Bill Title: Department of Agriculture and Consumer Services
Spectrum: Bipartisan Bill
Status: (Failed) 2019-05-03 - Died in Appropriations, companion bill(s) passed, see SB 2502 (Ch. 2019-116) [S1646 Detail]
Download: Florida-2019-S1646-Comm_Sub.html
Florida Senate - 2019 CS for SB 1646
By the Committee on Agriculture; and Senator Albritton
575-03462-19 20191646c1
1 A bill to be entitled
2 An act relating to the Department of Agriculture and
3 Consumer Services; amending s. 487.021, F.S.; defining
4 a term; amending s. 487.0435, F.S.; authorizing the
5 Department of Agriculture and Consumer Services to
6 consider the use of a fumigant as a pesticide for raw
7 agricultural commodities; amending s. 500.03, F.S.;
8 revising definitions; amending s. 500.033, F.S.;
9 revising the membership of the Florida Food Safety and
10 Food Defense Advisory Council; amending s. 500.12,
11 F.S.; conforming provisions to changes made by the
12 act; revising the date by which a late fee is imposed
13 for nonpayment of a food permit fee; amending s.
14 500.121, F.S.; conforming provisions to changes made
15 by the act; amending s. 500.147, F.S.; conforming
16 provisions to changes made by the act; amending s.
17 500.81, F.S.; providing for the repeal of the Healthy
18 Food Financing Initiative on a specified date;
19 amending s. 502.012, F.S.; defining and redefining
20 terms; amending s. 502.014, F.S.; revising the
21 authority of the department to conduct onsite
22 inspections of facilities used to produce and process
23 milk and milk products and to collect samples of such
24 for testing; amending s. 502.053, F.S.; requiring
25 operation permits for wholesalers of frozen dessert
26 products; providing an exemption from bulk milk hauler
27 and sampler permit requirements; amending s. 502.181,
28 F.S.; removing the prohibitions against certain
29 testing for milkfat content and for repasteurizing
30 milk; amending s. 570.441, F.S.; extending the
31 expiration for the use of funds from the Pest Control
32 Trust Fund; amending s. 570.93, F.S.; revising
33 requirements for the agricultural water conservation
34 program; amending s. 590.02, F.S.; directing the
35 Florida Forest Service to develop a training
36 curriculum for wildland firefighting; amending s.
37 595.404, F.S.; authorizing the department to adopt and
38 implement an exemption, variance, and waiver process
39 for school food and other nutrition programs; amending
40 s. 633.406, F.S.; conforming provisions to changes
41 made by the act; amending s. 633.408, F.S.; providing
42 wildland firefighter training and certification for
43 certain firefighters and volunteer firefighters;
44 creating s. 828.261, F.S.; authorizing a contract for
45 the sale of a horse to include a covenant for the
46 continuing care of the horse; providing requirements
47 for such a covenant; providing an effective date.
48
49 Be It Enacted by the Legislature of the State of Florida:
50
51 Section 1. Present subsections (57) through (67) of section
52 487.021, Florida Statutes, are redesignated as subsections (58)
53 through (68), respectively, and a new subsection (57) is added
54 to that section, to read:
55 487.021 Definitions.—For the purpose of this part:
56 (57) “Raw agricultural commodities fumigation” means the
57 use of a fumigant, in a lethal concentration to eliminate pests
58 from fruits, vegetables, nuts, legumes, mushrooms, or other
59 nonanimal matter customarily consumed by humans or animals,
60 under a tarpaulin or in a structure such as a storage facility,
61 barn, silo, or warehouse that is not inhabited by human beings,
62 agricultural livestock, or domestic pets and that is not
63 connected by construction elements such as voids, pipes,
64 conduits, drains, or ducts to a structure that is inhabited by
65 human beings, agricultural livestock, or domestic pets that
66 would allow the transfer of fumigant between the structures.
67 Section 2. Subsection (7) is added to section 487.0435,
68 Florida Statutes, to read:
69 487.0435 License classification.—The department shall issue
70 certified applicator licenses in the following classifications:
71 certified public applicator; certified private applicator; and
72 certified commercial applicator. In addition, separate
73 classifications and subclassifications may be specified by the
74 department in rule as deemed necessary to carry out the
75 provisions of this part. Each classification shall be subject to
76 requirements or testing procedures to be set forth by rule of
77 the department and shall be restricted to the activities within
78 the scope of the respective classification as established in
79 statute or by rule. In specifying classifications, the
80 department may consider, but is not limited to, the following:
81 (7) The use of a fumigant as a pesticide, solely in raw
82 agricultural commodities fumigation as defined in s. 487.021.
83 Section 3. Subsection (1) of section 500.03, Florida
84 Statutes, is amended to read:
85 500.03 Definitions; construction; applicability.—
86 (1) For the purpose of this chapter, the term:
87 (a) “Advertisement” means any representation disseminated
88 in any manner or by any means, other than by labeling, for the
89 purpose of inducing, or which is likely to induce, directly or
90 indirectly, the purchase of food.
91 (b) “Approved laboratory” or “certified laboratory” means a
92 laboratory of the department, a commercial laboratory certified
93 by the Department of Health, or a competent commercial
94 laboratory certified by an agency of another state or the United
95 States Environmental Protection Agency to perform analyses of
96 drinking water in accordance with the water quality testing
97 procedures adopted by the United States Environmental Protection
98 Agency.
99 (c) “Approved source” as it relates to water means a source
100 of water, whether it is a spring, artesian well, drilled well,
101 municipal water supply, or any other source, that complies with
102 the Federal Safe Drinking Water Act, Pub. L. No. 93-523, as
103 amended.
104 (d) “Bottled water” means a beverage, as described in 21
105 C.F.R. part 165 (2018) (2006), that is processed in compliance
106 with 21 C.F.R. part 129 (2018) (2006).
107 (e) “Bottled water plant” means a food establishment in
108 which bottled water is prepared for sale.
109 (f) “Color” includes black, white, and intermediate grays.
110 (g)1. “Color additive” means a material which:
111 a. Is a dye pigment, or other substance, made by a process
112 of synthesis or similar artifice, or extracted, isolated, or
113 otherwise derived, with or without intermediate or final change
114 of identity from a vegetable, animal, mineral, or other source,
115 or
116 b. When added or applied to a food, is capable, alone or
117 through reaction with another substance, of imparting color
118 thereto;
119
120 except that such term does not include any material that is
121 exempt under the federal act.
122 2. Nothing in Subparagraph 1. does not shall be construed
123 to apply to any pesticide chemical, soil or plant nutrient, or
124 other agricultural chemical solely because of its effect in
125 aiding, retarding, or otherwise affecting, directly or
126 indirectly, the growth or other natural physiological process of
127 produce of the soil and thereby affecting its color, whether
128 before or after harvest.
129 (h) “Contaminated with filth” applies to any food not
130 securely protected from dust, dirt, and, as far as may be
131 necessary by all reasonable means, all foreign or injurious
132 contamination.
133 (i) “Convenience store” means a business that is engaged
134 primarily in the retail sale of groceries or motor fuels or
135 special fuels and may offer food services to the public.
136 Businesses providing motor fuel or special fuel to the public
137 which also offer groceries or food service are included in the
138 definition of a convenience store.
139 (i)(j) “Cottage food operation” means a natural person who
140 produces or packages cottage food products at his or her
141 residence and sells such products in accordance with s. 500.80.
142 (j)(k) “Cottage food product” means food that is not a
143 potentially hazardous food as defined by department rule which
144 is sold by a cottage food operation in accordance with s.
145 500.80.
146 (k)(l) “Department” means the Department of Agriculture and
147 Consumer Services.
148 (l)(m) “Federal act” means the Federal Food, Drug, and
149 Cosmetic Act, as amended, 21 U.S.C. ss. 301 et seq.; 52 Stat.
150 1040 et seq.
151 (m)(n) “Food” includes:
152 1. Articles used for food or drink for human consumption;
153 2. Chewing gum;
154 3. Articles used for components of any such article;
155 4. Articles for which health claims are made, which claims
156 are approved by the Secretary of the United States Department of
157 Health and Human Services and which claims are made in
158 accordance with s. 343(r) of the federal act, and which are not
159 considered drugs solely because their labels or labeling contain
160 health claims; and
161 5. Dietary supplements as defined in 21 U.S.C. s.
162 321(ff)(1) and (2).
163
164 The term includes any raw, cooked, or processed edible
165 substance; ice; any beverage; or any ingredient used, intended
166 for use, or sold for human consumption.
167 (n)(o) “Food additive” means any substance, the intended
168 use of which results or may be reasonably expected to result,
169 directly or indirectly, in its becoming a component or otherwise
170 affecting the characteristics of any food (including any
171 substance intended for use in producing, manufacturing, packing,
172 processing, preparing, treating, transporting, or holding food
173 and including any source of radiation intended for any such
174 use), if such substance is not generally recognized, among
175 experts qualified by scientific training and experience to
176 evaluate its safety, as having been adequately shown through
177 scientific procedures (or, in the case of a substance used in a
178 food before prior to January 1, 1958, through either scientific
179 procedures or experience based on common use in food) to be safe
180 under the conditions of its intended use; except that such term
181 does not include:
182 1. A pesticide chemical in or on a raw agricultural
183 commodity;
184 2. A pesticide chemical to the extent that it is intended
185 for use or is used in the production, storage, or transportation
186 of any raw agricultural commodity;
187 3. A color additive; or
188 4. Any substance used in accordance with a sanction or
189 approval granted before prior to the enactment of the Food
190 Additives Amendment of 1958, pursuant to the federal act; the
191 Poultry Products Inspection Act (21 U.S.C. ss. 451 et seq.); or
192 the Meat Inspection Act of March 4, 1967 (34 Stat. 1260), as
193 amended and extended (21 U.S.C. ss. 71 et seq.).
194 (o)(p) “Food establishment” means a factory, food outlet,
195 or other facility manufacturing, processing, packing, holding,
196 or preparing food or selling food at wholesale or retail. The
197 term includes any establishment or section of an establishment
198 at which food and food products are offered to the consumer and
199 intended for off-premises consumption and any delicatessen that
200 offers prepared food in bulk quantities only. The term does not
201 include:
202 1. A business or activity that is regulated under s.
203 413.051, s. 500.80, chapter 509, or chapter 601;.
204 2. The term includes tomato packinghouses and repackers but
205 does not include any other Establishments, except for tomato
206 packinghouses and repackers, that pack fruits and vegetables in
207 their raw or natural states, including those fruits or
208 vegetables that are washed, colored, or otherwise treated in
209 their unpeeled, natural form before they are marketed; or
210 3. Markets that offer only fresh fruits and fresh
211 vegetables for sale.
212 (q) “Food outlet” means any grocery store; convenience
213 store; minor food outlet; meat, poultry, or fish and related
214 aquatic food market; fruit or vegetable market; food warehouse;
215 refrigerated storage facility; freezer locker; salvage food
216 facility; or any other similar place storing or offering food
217 for sale.
218 (r) “Food service establishment” means any place where food
219 is prepared and intended for individual portion service, and
220 includes the site at which individual portions are provided. The
221 term includes any such place regardless of whether consumption
222 is on or off the premises and regardless of whether there is a
223 charge for the food. The term includes delicatessens that offer
224 prepared food in individual service portions. The term does not
225 include schools, institutions, fraternal organizations, private
226 homes where food is prepared or served for individual family
227 consumption, retail food stores, the location of food vending
228 machines, cottage food operations, and supply vehicles, nor does
229 the term include a research and development test kitchen limited
230 to the use of employees and which is not open to the general
231 public.
232 (p)(s) “Immediate container” does not include package
233 liners.
234 (q)(t) “Label” means a display of written, printed, or
235 graphic matter upon the immediate container of any article. A
236 requirement made by or under authority of this chapter that any
237 word, statement, or other information appear on the label shall
238 not be considered to be complied with unless such word,
239 statement, or other information also appears on the outside
240 container or wrapper, if there is any, of the retail package of
241 such article or is easily legible through the outside container
242 or wrapper.
243 (r)(u) “Labeling” means all labels and other written,
244 printed, or graphic matters:
245 1. Upon an article or any of its containers or wrappers; or
246 2. Accompanying such article.
247 (s)(v) “Minor food outlet” means any food retail
248 establishment that sells food groceries and may offer food
249 service to the public, but neither business activity is a major
250 retail function based on allocated space or gross sales.
251 (t)(w) “Natural water” means bottled spring water, artesian
252 well water, or well water that has not been altered with water
253 from another source or that has not been modified by mineral
254 addition or deletion, except for alteration that is necessary to
255 treat the water through ozonation or an equivalent disinfection
256 and filtration process.
257 (u)(x) “Packaged ice” means ice that is enclosed in a
258 container and is offered for sale for human consumption or for
259 other use by the consumer. The term does not include ice that is
260 manufactured by any business licensed under chapter 381 or
261 chapter 509.
262 (v)(y) “Packaged ice plant” means a food establishment in
263 which packaged ice is manufactured or processed.
264 (w)(z) “Pesticide chemical” means any substance that which,
265 alone, in chemical combination, or in formulation with one or
266 more other substances is a pesticide as defined in s. 487.021
267 “pesticide” within the meaning of the Florida Pesticide Law,
268 part I of chapter 487, and that which is used in the production,
269 storage, or transportation of raw agricultural commodities.
270 (x)(aa) “Raw agricultural commodity” means any food in its
271 raw or natural state, including all fruits that are washed,
272 colored, or otherwise treated in their unpeeled natural form
273 before prior to marketing.
274 (bb) “Retail food store” means any establishment or section
275 of an establishment where food and food products are offered to
276 the consumer and intended for off-premises consumption. The term
277 includes delicatessens that offer prepared food in bulk
278 quantities only. The term does not include establishments which
279 handle only prepackaged, nonpotentially hazardous foods;
280 roadside markets that offer only fresh fruits and fresh
281 vegetables for sale; food service establishments; or food and
282 beverage vending machines.
283 (y)(cc) “Vehicle” means a mode of transportation or mobile
284 carrier used to transport food from one location to another,
285 including, but not limited to, carts, cycles, vans, trucks,
286 cars, trains and railway transport, and aircraft and watercraft
287 transport.
288 Section 4. Subsection (1) of section 500.033, Florida
289 Statutes, is amended to read:
290 500.033 Florida Food Safety and Food Defense Advisory
291 Council.—
292 (1) There is created the Florida Food Safety and Food
293 Defense Advisory Council for the purpose of serving as a forum
294 for presenting, investigating, and evaluating issues of current
295 importance to the assurance of a safe and secure food supply to
296 the citizens of Florida. The Florida Food Safety and Food
297 Defense Advisory Council shall consist of, but not be limited
298 to: the Commissioner of Agriculture or his or her designee; the
299 State Surgeon General or his or her designee; the Secretary of
300 Business and Professional Regulation or his or her designee; the
301 person responsible for domestic security with the Department of
302 Law Enforcement; members representing the production,
303 processing, distribution, and sale of foods; consumers or
304 members of citizens groups; representatives of food industry
305 groups; scientists or other experts in aspects of food safety
306 from state universities; representatives from local, state, and
307 federal agencies that are charged with responsibilities for food
308 safety or food defense; and as ex officio members, the chairs of
309 the Agriculture Committees of the Senate and the House of
310 Representatives or their designees,; and the chairs of the
311 committees of the Senate and the House of Representatives with
312 jurisdictional oversight of home defense issues or their
313 designees, and the person responsible for domestic security with
314 the Department of Law Enforcement or his or her designee. The
315 Commissioner of Agriculture shall appoint the remaining members.
316 The council shall make periodic reports to the Department of
317 Agriculture and Consumer Services concerning findings and
318 recommendations in the area of food safety and food defense.
319 Section 5. Paragraphs (a), (b), and (e) of subsection (1)
320 and subsection (2) of section 500.12, Florida Statutes, are
321 amended to read:
322 500.12 Food permits; building permits.—
323 (1)(a) A food permit from the department is required of any
324 person who operates a food establishment or retail food store,
325 except:
326 1. Persons operating minor food outlets that sell food that
327 is commercially prepackaged, not potentially hazardous, and not
328 time or temperature controlled for safety, if the shelf space
329 for those items does not exceed 12 total linear feet and no
330 other food is sold by the minor food outlet.
331 2. Persons subject to continuous, onsite federal or state
332 inspection.
333 3. Persons selling only legumes in the shell, either
334 parched, roasted, or boiled.
335 4. Persons selling sugar cane or sorghum syrup that has
336 been boiled and bottled on a premise located within the state.
337 Such bottles must contain a label listing the producer’s name
338 and street address, all added ingredients, the net weight or
339 volume of the product, and a statement that reads, “This product
340 has not been produced in a facility permitted by the Florida
341 Department of Agriculture and Consumer Services.”
342 (b) Each food establishment and retail food store regulated
343 under this chapter must apply for and receive a food permit
344 before operation begins. An application for a food permit from
345 the department must be accompanied by a fee in an amount
346 determined by department rule. The department shall adopt by
347 rule a schedule of fees to be paid by each food establishment
348 and retail food store as a condition of issuance or renewal of a
349 food permit. Such fees may not exceed $650 and shall be used
350 solely for the recovery of costs for the services provided,
351 except that the fee accompanying an application for a food
352 permit for operating a bottled water plant may not exceed $1,000
353 and the fee accompanying an application for a food permit for
354 operating a packaged ice plant may not exceed $250. The fee for
355 operating a bottled water plant or a packaged ice plant shall be
356 set by rule of the department. Food permits are not transferable
357 from one person or physical location to another. Food permits
358 must be renewed annually on or before January 1. If an
359 application for renewal of a food permit fee is not received in
360 full by the department by January 1 within 30 days after its due
361 date, a late fee not exceeding $100 must be paid in addition to
362 the food permit fee before the department may issue the food
363 permit. The moneys collected shall be deposited in the General
364 Inspection Trust Fund.
365 (e) The department is the exclusive regulatory and
366 permitting authority for all food outlets, retail food stores,
367 food establishments, convenience stores, and minor food outlets
368 in accordance with this section. Application for a food permit
369 must be made on forms provided by the department, which forms
370 must also contain provision for application for registrations
371 and permits issued by other state agencies and for collection of
372 the food permit fee and any other fees associated with
373 registration, licensing, or applicable surcharges. The details
374 of the application shall be prescribed by department rule.
375 (2) When any person applies for a building permit to
376 construct, convert, or remodel any food establishment, food
377 outlet, or retail food store, the authority issuing such permit
378 shall make available to the applicant a printed statement,
379 provided by the department, regarding the applicable sanitation
380 requirements for such establishments. A building permitting
381 authority, or municipality or county under whose jurisdiction a
382 building permitting authority operates, may not be held liable
383 for a food establishment, food outlet, or retail food store that
384 does not comply with the applicable sanitation requirements due
385 to failure of the building permitting authority to provide the
386 information as provided in this subsection.
387 (a) The department shall furnish, for distribution, a
388 statement that includes the checklist to be used by the food
389 inspector in any preoperational inspections to assure that the
390 food establishment is constructed and equipped to meet the
391 applicable sanitary guidelines. Such preoperational inspection
392 shall be a prerequisite for obtaining a food permit in
393 accordance with this section.
394 (b) The department may provide assistance, when requested
395 by the applicant, in the review of any construction or
396 remodeling plans for food establishments. The department may
397 charge a fee for such assistance which covers the cost of
398 providing the assistance and which shall be deposited in the
399 General Inspection Trust Fund for use in funding the food safety
400 program.
401 (c) A building permitting authority or other subdivision of
402 local government may not require the department to approve
403 construction or remodeling plans for food establishments and
404 retail food stores as a condition of any permit or license at
405 the local level.
406 Section 6. Subsection (1) of section 500.121, Florida
407 Statutes, is amended to read:
408 500.121 Disciplinary procedures.—
409 (1) In addition to the suspension procedures provided in s.
410 500.12, if applicable, the department may impose an
411 administrative fine in the Class II category pursuant to s.
412 570.971 against any retail food store, food establishment, or
413 cottage food operation that violates this chapter, which fine,
414 when imposed and paid, shall be deposited by the department into
415 the General Inspection Trust Fund. The department may revoke or
416 suspend the permit of any such retail food store or food
417 establishment if it is satisfied that the retail food store or
418 food establishment has:
419 (a) Violated this chapter.
420 (b) Violated or aided or abetted in the violation of any
421 law of this state governing or applicable to retail food stores
422 or food establishments or any lawful rules of the department.
423 (c) Knowingly committed, or been a party to, any material
424 fraud, misrepresentation, conspiracy, collusion, trick, scheme,
425 or device whereby another person, lawfully relying upon the
426 word, representation, or conduct of a retail food store or food
427 establishment, acts to her or his injury or damage.
428 (d) Committed any act that or conduct of the same or
429 different character than that enumerated which constitutes
430 fraudulent or dishonest dealing.
431 Section 7. Paragraph (a) of subsection (3) of section
432 500.147, Florida Statutes, is amended to read:
433 500.147 Inspection of food establishments, food records,
434 and vehicles.—
435 (3) For bottled water plants:
436 (a) Bottled water must be from an approved source. Bottled
437 water must be processed in conformance with 21 C.F.R. part 129
438 (2018) (2006), and must conform to 21 C.F.R. part 165 (2018)
439 (2006). A person operating a bottled water plant shall be
440 responsible for all water sampling and analyses required by this
441 chapter.
442 Section 8. Subsection (10) is added to section 500.81,
443 Florida Statutes, to read:
444 500.81 Healthy Food Financing Initiative.—
445 (10) This section is repealed on October 1, 2020.
446 Section 9. Section 502.012, Florida Statutes, is amended to
447 read:
448 502.012 Definitions.—As used in this chapter, the term:
449 (1) “Bulk milk hauler and sampler” means a person who
450 collects official samples and may transport raw milk from a farm
451 or raw milk products to or from a farm, milk plant, receiving
452 station, or transfer station and has in his or her possession a
453 permit to sample such products from any state regulatory agency
454 charged in implementing the Grade “A” program.
455 (2)(1) “Bulk milk pickup tanker” means a vehicle, including
456 the truck and tank, and necessary attachments for its use, used
457 by a bulk milk hauler and sampler to transport bulk raw milk for
458 pasteurization, ultra-pasteurization, aseptic processing and
459 packaging, or retort processing after packaging from a dairy
460 farm to a milk plant, receiving station, or transfer station.
461 (3)(2) “Dairy farm” means any place or premises where one
462 or more lactating animals, such as cows, goats, sheep, water
463 buffalo, camels, or other hooved mammals, are kept for milking
464 purposes and from which a part or all of the milk is provided,
465 sold, or offered for sale.
466 (4)(3) “Department” means the Department of Agriculture and
467 Consumer Services.
468 (5)(4) “Frozen dessert” means a specific standardized
469 frozen dessert described in 21 C.F.R. part 135 and any other
470 food defined by rule of the department that resembles such
471 standardized frozen dessert but does not conform to the specific
472 description of such standardized frozen dessert in 21 C.F.R.
473 part 135. The term includes, but is not limited to, a
474 quiescently frozen confection, a quiescently frozen dairy
475 confection, a frozen dietary dairy dessert, and a frozen dietary
476 dessert.
477 (6)(5) “Frozen desserts manufacturer” means a person who
478 manufactures, processes, converts, partially freezes, or freezes
479 any mix or frozen dessert for distribution or sale.
480 (7)(6) “Frozen desserts plant” means any location or
481 premises at which frozen desserts or mix are manufactured,
482 processed, or frozen for distribution or sale at wholesale.
483 (8)(7) “Frozen desserts retail establishment” means any
484 location or premises, including a retail store, stand, hotel,
485 boardinghouse, restaurant, vehicle, or mobile unit, at which
486 frozen desserts are frozen, partially frozen, or dispensed for
487 sale at retail.
488 (9)(8) “Frozen dietary dairy dessert” or “frozen dietary
489 dessert” means a food for any special dietary use, prepared by
490 freezing, with or without agitation, and composed of a
491 pasteurized mix that may contain fat, protein, carbohydrates,
492 natural or artificial sweeteners, flavoring, stabilizers,
493 emulsifiers, vitamins, and minerals.
494 (10)(9) “Grade ‘A’ pasteurized milk ordinance” means the
495 document entitled “Grade ‘A’ Pasteurized Milk Ordinance, United
496 States Department of Health and Human Services, Public Health
497 Service, Food and Drug Administration,” including all associated
498 appendices, as adopted by department rule.
499 (11)(10) “Imitation milk and imitation milk products” means
500 those foods that have the physical characteristics, such as
501 taste, flavor, body, texture, or appearance, of milk or milk
502 products as defined in this chapter and the Grade “A”
503 pasteurized milk ordinance but do not come within the definition
504 of “milk” or “milk products” and are nutritionally inferior to
505 the product imitated.
506 (12)(11) “Milk” means the lacteal secretion, practically
507 free from colostrum, obtained by the complete milking of one or
508 more healthy cows, goats, sheep, water buffalo, camels, or other
509 hooved mammals.
510 (13)(12) “Milk distributor” means any person who offers for
511 sale or sells to another person any milk or milk product.
512 (14)(13) “Milk products” means products made with milk that
513 is processed in some manner, including being whipped, acidified,
514 cultured, concentrated, lactose-reduced, or sodium-reduced or
515 aseptically processed, or having the addition or subtraction of
516 milkfat, the addition of safe and suitable microbial organisms,
517 or the addition of safe and suitable optional ingredients for
518 protein, vitamin, or mineral fortification. “Milk products” do
519 not include products such as evaporated milk, condensed milk,
520 eggnog in a rigid metal container, dietary products, infant
521 formula, or ice cream and other desserts.
522 (15)(14) “Milkfat” or “butterfat” means the fat contained
523 in milk.
524 (16)(15) “Milk hauler” means any person who transports raw
525 milk or raw milk products to or from a milk plant, receiving
526 station, or transfer station.
527 (17)(16) “Milk plant” means any place, premises, or
528 establishment where milk or milk products are collected,
529 handled, processed, stored, pasteurized, ultra-pasteurized,
530 aseptically processed and packaged, retort processed after
531 packaging, condensed, dried, packaged, bottled, or prepared for
532 distribution.
533 (18)(17) “Milk plant operator” means any person responsible
534 for receiving, processing, pasteurizing, or packaging milk and
535 milk products, or performing any other related operation.
536 (19)(18) “Milk producer” means any person who operates a
537 dairy farm and provides, sells, or offers for sale milk to a
538 milk plant, receiving station, or transfer station.
539 (20)(19) “Milk tank truck” means either a bulk milk pickup
540 tanker or a milk transport tank.
541 (21)(20) “Milk transport tank” means a vehicle, including
542 the truck and tank, used by a bulk milk hauler and sampler or a
543 milk hauler to transport bulk shipments of milk from a milk
544 plant, receiving station, or transfer station to another milk
545 plant, receiving station, or transfer station.
546 (22)(21) “Quiescently frozen confection” means a clean and
547 wholesome frozen, sweetened, flavored product that, while being
548 frozen, was not stirred or agitated (generally known as
549 quiescent freezing). The confection may be acidulated with food
550 grade acid, may contain milk solids or water, or may be made
551 with or without added harmless pure or imitation flavoring and
552 with or without harmless coloring. The finished product must not
553 contain more than 0.5 percent by weight of stabilizer composed
554 of wholesome, edible material and must not contain less than 17
555 percent by weight of total food solids. In the production of the
556 confection, processing or mixing before quiescent freezing that
557 develops in the finished confection mix any physical expansion
558 in excess of 10 percent may not be used.
559 (23)(22) “Quiescently frozen dairy confection” means a
560 clean and wholesome frozen product made from water, milk
561 products, and sugar, with added harmless pure or imitation
562 flavoring, with or without added harmless coloring, with or
563 without added stabilizer, or with or without added emulsifier,
564 that, while being frozen, was not stirred or agitated (generally
565 known as quiescent freezing). The confection must not contain
566 less than 13 percent by weight of total milk solids, less than
567 33 percent by weight of total food solids, more than 0.5 percent
568 by weight of stabilizer, or more than 0.2 percent by weight of
569 emulsifier. Stabilizer and emulsifier must be composed of
570 wholesome, edible material. In the production of a quiescently
571 frozen dairy confection, processing or mixing before quiescently
572 freezing that develops in the finished confection mix any
573 physical expansion in excess of 10 percent may not be used.
574 (24)(23) “Raw milk” means unpasteurized, unprocessed milk.
575 (25)(24) “Receiving station” means any place, premises, or
576 establishment where raw milk is received, collected, handled,
577 stored, or cooled and is prepared for further transporting.
578 (26) “Reconstituted milk or milk products” or “recombined
579 milk or milk products” means milk or milk products that result
580 from reconstituting or recombining of milk constituents with
581 potable water.
582 (27) “Retail” means the sale of goods to the public for use
583 or consumption rather than for resale.
584 (28)(25) “Substitute milk and substitute milk products”
585 means those foods that have the physical characteristics, such
586 as taste, flavor, body, texture, or appearance, of milk or milk
587 products as defined in this chapter and the Grade “A”
588 pasteurized milk ordinance but do not come within the definition
589 of “milk” or “milk products” and are nutritionally equivalent to
590 the product for which they are substitutes.
591 (29)(26) “Transfer station” means any place, premises, or
592 establishment where milk or milk products are transferred
593 directly from one milk tank truck to another.
594 (30) “Ultra-pasteurization” means a thermal process by
595 which milk or milk products are heated to 280 degrees Fahrenheit
596 or above for at least 2 seconds, before or after packaging, to
597 produce a milk or milk product that has an extended shelf-life
598 under refrigerated conditions.
599 (31)(27) “Washing station” means any place, premises, or
600 establishment where milk tank trucks are cleaned and sanitized.
601 (32) “Wholesale” means the selling of goods in quantity to
602 be retailed by others.
603 Section 10. Paragraph (a) of subsection (2) of section
604 502.014, Florida Statutes, is amended to read:
605 502.014 Powers and duties.—
606 (2)(a) The department shall conduct onsite inspections of
607 any facility used in the production, processing, and
608 distribution of any milk or milk products under this chapter and
609 shall collect samples of such products from such facilities for
610 testing pursuant to dairy farms, milk plants, and frozen dessert
611 plants and collect test samples of milk, milk products, and
612 frozen desserts as required by this chapter.
613 Section 11. Paragraph (b) of subsection (1), paragraph (d)
614 of subsection (3), and paragraph (a) of subsection (4) of
615 section 502.053, Florida Statutes, are amended to read:
616 502.053 Permits and fees; requirements; exemptions;
617 temporary permits.—
618 (1) PERMITS.—
619 (b) Each frozen dessert plant, whether located in the state
620 or outside the state, that manufactures frozen desserts or other
621 products defined in this chapter and offers these products at
622 wholesale for sale in this state must apply to the department
623 for a permit to operate. The application must be submitted on
624 forms prescribed by the department. All frozen dessert permits
625 expire on June 30 of each year.
626 (3) REQUIREMENTS.—
627 (d) Each frozen dessert plant permitholder must report
628 monthly, quarterly, semiannually, or annually, as required by
629 the department, the number of gallons of frozen dessert or
630 frozen dessert mix sold or manufactured by the permitholder in
631 this state.
632 (4) EXEMPTIONS.—
633 (a) The following persons are shall be exempt from bulk
634 milk hauler and sampler permit requirements:
635 1. Milk producers who transport milk or milk products only
636 from their own dairy farms.
637 2. Employees of a milk distributor or milk plant operator
638 who possesses a valid permit.
639 3. Drivers of bulk milk tank trucks between locations who
640 do not collect milk from farms.
641 Section 12. Subsections (1) and (4) of section 502.181,
642 Florida Statutes, are amended to read:
643 502.181 Prohibited acts.—It is unlawful for any person in
644 this state to:
645 (1) Engage in the business of producing, hauling,
646 transferring, receiving, processing, packaging, or distributing
647 milk, milk products, or frozen desserts or operating a washing
648 station, manufacturing single-service containers, or
649 manufacturing imitation or substitute milk or milk products, or
650 testing for milkfat content, without first obtaining a permit or
651 license from the department.
652 (4) Repasteurize milk.
653 Section 13. Subsection (4) of section 570.441, Florida
654 Statutes, is amended to read:
655 570.441 Pest Control Trust Fund.—
656 (4) In addition to the uses authorized under subsection
657 (2), moneys collected or received by the department under
658 chapter 482 may be used to carry out the provisions of s.
659 570.44. This subsection expires June 30, 2024 2019.
660 Section 14. Subsection (1) of section 570.93, Florida
661 Statutes, is amended to read:
662 570.93 Department of Agriculture and Consumer Services;
663 agricultural water conservation and agricultural water supply
664 planning.—
665 (1) The department shall establish an agricultural water
666 conservation program that includes the following:
667 (a) A cost-share program, coordinated where appropriate
668 with the United States Department of Agriculture and other
669 federal, state, regional, and local agencies when appropriate,
670 for irrigation system retrofit and application of mobile
671 irrigation laboratory evaluations and for water conservation and
672 as provided in this section and, where applicable, for water
673 quality improvement pursuant to s. 403.067(7)(c).
674 (b) The development and implementation of voluntary interim
675 measures or best management practices, adopted by rule, which
676 provide for increased efficiencies in the use and management of
677 water for agricultural production. In the process of developing
678 and adopting rules for interim measures or best management
679 practices, the department shall consult with the Department of
680 Environmental Protection and the water management districts.
681 Such rules may also include a system to ensure assure the
682 implementation of the practices, including recordkeeping
683 requirements. As new information regarding efficient
684 agricultural water use and management becomes available, the
685 department shall reevaluate and revise as needed, the interim
686 measures or best management practices as needed. The interim
687 measures or best management practices may include irrigation
688 retrofit, implementation of mobile irrigation laboratory
689 evaluations and recommendations, water resource augmentation,
690 and integrated water management systems for drought management
691 and flood control and should, to the maximum extent practicable,
692 be designed to qualify for regulatory incentives and other
693 incentives, as determined by the agency having applicable
694 statutory authority.
695 (c) Provision of assistance to the water management
696 districts in the development and implementation, to the extent
697 practicable, of a consistent, to the extent practicable,
698 methodology for the efficient allocation of water for
699 agricultural irrigation.
700 Section 15. Subsection (1) of section 590.02, Florida
701 Statutes, is amended to read:
702 590.02 Florida Forest Service; powers, authority, and
703 duties; liability; building structures; Withlacoochee Training
704 Center.—
705 (1) The Florida Forest Service has the following powers,
706 authority, and duties to:
707 (a) Enforce the provisions of this chapter;
708 (b) Prevent, detect, and suppress wildfires wherever they
709 may occur on public or private land in this state and do all
710 things necessary in the exercise of such powers, authority, and
711 duties;
712 (c) Provide firefighting crews, who shall be under the
713 control and direction of the Florida Forest Service and its
714 designated agents;
715 (d) Appoint center managers, forest area supervisors,
716 forestry program administrators, a forest protection bureau
717 chief, a forest protection assistant bureau chief, a field
718 operations bureau chief, deputy chiefs of field operations,
719 district managers, forest operations administrators, senior
720 forest rangers, investigators, forest rangers, firefighter
721 rotorcraft pilots, and other employees who may, at the Florida
722 Forest Service’s discretion, be certified as forestry
723 firefighters pursuant to s. 633.408(8). Other law
724 notwithstanding, center managers, district managers, forest
725 protection assistant bureau chief, and deputy chiefs of field
726 operations have Selected Exempt Service status in the state
727 personnel designation;
728 (e) Develop a training curriculum for wildland forestry
729 firefighters which must contain at least 40 hours of structural
730 firefighter training, at least 40 hours of emergency medical
731 training, and at least 376 the basic volunteer structural fire
732 training course approved by the Florida State Fire College of
733 the Division of State Fire Marshal and a minimum of 250 hours of
734 wildfire training;
735 (f) Pay the cost of the initial commercial driver license
736 examination fee for those employees whose position requires them
737 to operate equipment requiring a license. This paragraph is
738 intended to be an authorization to the department to pay such
739 costs, not an obligation;
740 (g) Provide fire management services and emergency response
741 assistance and set and charge reasonable fees for performance of
742 those services. Moneys collected from such fees shall be
743 deposited into the Incidental Trust Fund of the Florida Forest
744 Service;
745 (h) Require all state, regional, and local government
746 agencies operating aircraft in the vicinity of an ongoing
747 wildfire to operate in compliance with the applicable state
748 Wildfire Aviation Plan;
749 (i) Authorize broadcast burning, prescribed burning, pile
750 burning, and land clearing debris burning to carry out the
751 duties of this chapter and the rules adopted thereunder; and
752 (j) Make rules to accomplish the purposes of this chapter.
753 Section 16. Subsection (16) is added to section 595.404,
754 Florida Statutes, to read:
755 595.404 School food and other nutrition programs; powers
756 and duties of the department.—The department has the following
757 powers and duties:
758 (16) To adopt and implement an exemption, variance, and
759 waiver process by rule, as required by federal regulations, for
760 sponsors of the programs implemented pursuant to this chapter,
761 notwithstanding s. 120.542.
762 Section 17. Paragraph (d) of subsection (1) of section
763 633.406, Florida Statutes, is amended to read:
764 633.406 Classes of certification.—
765 (1) The division may award one or more of the following
766 certificates:
767 (d) Wildland Firefighter Forestry Certificate of
768 Compliance.—A Wildland Firefighter Forestry Certificate of
769 Compliance may be awarded to a person who has satisfactorily
770 complied with a training program and successfully passed an
771 examination as prescribed by rule, and who possesses the
772 qualifications established in s. 590.02(1)(e).
773 Section 18. Subsection (8) of section 633.408, Florida
774 Statutes, is amended to read:
775 633.408 Firefighter and volunteer firefighter training and
776 certification.—
777 (8)(a) Pursuant to s. 590.02(1)(e), the division shall
778 establish a structural fire training program of at least 40 not
779 less than 206 hours. The division shall issue to a person
780 satisfactorily complying with this training program and who has
781 successfully passed an examination as prescribed by the division
782 and who has met the requirements of s. 590.02(1)(e), a Wildland
783 Firefighter Forestry Certificate of Compliance.
784 (b) An individual who holds a current and valid Wildland
785 Firefighter Forestry Certificate of Compliance is entitled to
786 the same rights, privileges, and benefits provided for by law as
787 a firefighter.
788 Section 19. Section 828.261, Florida Statutes, is created
789 to read:
790 828.261 Ongoing horse care covenants.—
791 (1) Notwithstanding any other provision of law, a contract
792 for the sale of a horse may include a covenant for the
793 continuing care of the horse, subject to the following
794 provisions:
795 (a) The obligations under the covenant may be satisfied by
796 a third-party provider who is contractually obligated to provide
797 continuing care for the horse upon its retirement, for an
798 actuarially appropriate charge, which is not subject to chapter
799 624.
800 (b) The covenant is valid and annexed to the horse, runs
801 with the horse, and is binding and enforceable upon all future
802 purchasers, if notice is provided pursuant to paragraph (c).
803 (c) Written notice of the covenant must be provided to all
804 purchasers before a sale and must be acknowledged in writing by
805 all such purchasers before consummation of the sale of a covered
806 horse.
807 (d) The covenant must include liability for liquidated
808 damages for a purchaser’s failure to comply with the covenant.
809 (e) The covenant must include the ability of an owner to
810 retire the horse into the care of the third-party provider under
811 the covenant.
812 (f) A third-party provider who is contracted to provide the
813 continuing care of a horse under the covenant shall, at a
814 minimum, comply with the American Association of Equine
815 Practitioners care guidelines for equine rescue and retirement
816 facilities.
817 (2) An owner is not required to put in place a covenant for
818 the continuing care of a horse and a purchaser is not required
819 to purchase a horse that is subject to such a covenant.
820 (3) This section does not create any covenants that annex
821 to or travel with any other chattel.
822 Section 20. This act shall take effect July 1, 2019.
