500.01 Florida Food Safety Act; short title.—This chapter may be cited as the “Florida Food Safety Act.” History.—ss. 1, 26, ch. 19656, 1939; CGL 1940 Supp. 4151(664); s. 2, ch. 82-225; s. 1, ch. 87-388; s. 2, ch. 94-180.
500.02 Purpose of chapter.—This chapter is intended to: (1) Safeguard the public health and promote the public welfare by protecting the consuming public from injury by product use and the purchasing public from injury by merchandising deceit, flowing from intrastate commerce in food; (2) Provide legislation which shall be uniform, as provided in this chapter, and administered so […]
500.03 Definitions; construction; applicability.— (1) For the purpose of this chapter, the term: (a) “Advertisement” means any representation disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase of food. (b) “Approved laboratory” or “certified laboratory” means a laboratory of the […]
500.032 Declaration of policy and cooperation among departments.— (1) The department is charged with the administration and enforcement of this chapter in order to prevent fraud, harm, adulteration, misbranding, or false advertising in the preparation, manufacture, or sale of articles of food. It is further charged to enforce the provisions of this chapter relating to the production, […]
500.033 Florida Food Safety and Food Defense Advisory Council.— (1) There is created the Florida Food Safety and Food Defense Advisory Council for the purpose of serving as a forum for presenting, investigating, and evaluating issues of current importance to the assurance of a safe and secure food supply to the citizens of Florida. The Florida Food […]
500.04 Prohibited acts.—The following acts and the causing thereof within the state are prohibited: (1) The manufacture, sale or delivery, holding or offering for sale of any food that is adulterated or misbranded. (2) The adulteration or misbranding of any food. (3) The receipt in commerce of any food that is adulterated or misbranded, and the delivery or proffered […]
500.09 Rulemaking; analytical work.— (1) When in the judgment of the department such action will promote safety, honesty, and fair dealing in the interest of consumers, the department shall adopt rules for: (a) Providing food safety information, or requiring that food safety information be provided, to notify consumers of potential health and safety concerns involving the preparation or […]
500.10 Food deemed adulterated.—A food is deemed to be adulterated: (1)(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food […]
500.11 Food deemed misbranded.— (1) A food is deemed to be misbranded: (a) If its labeling is false or misleading in any particular; however, corn meal shall not be considered misbranded because of its being labeled “Water Ground,” where such corn meal so labeled has been ground on rocks having a diameter of not less than 42 inches […]
500.115 Advertisement of food deemed false.—An advertisement of a food is deemed to be false if it is false or misleading in any particular. History.—s. 19, ch. 19656, 1939; CGL 1940 Supp. 4151(682); ss. 19, 35, ch. 69-106; s. 424, ch. 77-147; s. 13, ch. 82-225. Note.—Former s. 500.19.
500.12 Food permits; building permits.— (1)(a) A food permit from the department is required of any person who operates a food establishment or retail food store, except: 1. Persons operating minor food outlets that sell food that is commercially prepackaged, not potentially hazardous, and not time or temperature controlled for safety, if the shelf space for those items […]
500.121 Disciplinary procedures.— (1) In addition to the suspension procedures provided in s. 500.12, if applicable, the department may impose an administrative fine in the Class II category pursuant to s. 570.971 against any retail food store, food establishment, or cottage food operation that violates this chapter, which fine, when imposed and paid, shall be deposited by […]
500.13 Addition of poisonous or deleterious substance to food.— (1) Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity, or any color additive, shall, with respect to any particular use or intended use, be deemed unsafe for the purpose of application of s. 500.10(1)(b) with respect to […]
500.147 Inspection of food establishments, food records, and vehicles.— (1) The department or its duly authorized agent shall have free access at all reasonable hours to any food establishment, any food records, or any vehicle being used to transport or hold food in commerce for the purpose of inspecting such establishment, records, or vehicle to determine whether […]
500.148 Reports and dissemination of information; confidentiality.— (1)(a) Information that is deemed confidential under 21 C.F.R. s. 20.61, s. 20.62, or s. 20.88, or 5 U.S.C. s. 552(b), and that is provided to the department during a joint investigation concerning food safety or food-borne illness, as a requirement for conducting a federal-state contract or partnership activity, or […]
500.149 Employment of help; expenses and salaries.—The department may employ all help necessary to carry out and enforce the provisions of this chapter relating to foods and may designate any employee of the department to perform any duties necessary to carry out such provisions. All expenses and salaries shall be paid out of the General Inspection […]
500.165 Transporting shipments of food items; rules; penalty.— (1) It is unlawful for a carrier to transport food items in a vehicle or rail car that has been or is being used to transport solid waste, hazardous substances, hazardous wastes, biohazardous wastes, or any substance that may pose a threat to human health. (2) The department may by […]
500.166 Records of interstate shipment.—For the purpose of enforcing this chapter, carriers engaged in interstate commerce and persons receiving food in interstate commerce shall, upon the request by an officer or employee duly designated by the department, permit the officer or employee to have access to and to copy all records showing the movement in interstate […]
500.167 Carriers in interstate commerce; exception.—Carriers engaged in interstate commerce are exempt from the provisions of this chapter, except ss. 500.165 and 500.166. History.—s. 12, ch. 59-302; s. 23, ch. 82-225; s. 15, ch. 87-388; s. 16, ch. 92-180. Note.—Former s. 500.40.
500.169 Enforcement of federal act.—The department may exercise the enforcement powers granted by, and subject to the limitations of, 21 U.S.C. s. 337(b). History.—s. 16, ch. 94-180.
