APPENDIX F

FLORIDA STATUTE REGARDING COUNTRY-OF-ORIGIN LABELING

F.S. 1993 SPECIALIZED AGRICULTURAL PRODUCT LABELING Ch. 504


CHAPTER 504

SPECIALIZED AGRICULTURAL PRODUCT LABELING

PART I PRODUCE (ss. 504.011-504.014)

PART II ORGANIC FARMING AND FOOD (ss. 504.21-504.36)

PART I

PRODUCE

504.011 Short title.
504.012 Label marking permitted; removal prohibited.
504.013 Penalties.
504.014 Enforcement.

504.011 Short title. ­ This part shall be known and may be cited as the "Produce Labeling Act of 1979."
History.-s. 1, ch. 79-121; s. 2, ch. 90-322.

504.012 Label marking permitted; removal prohibited.-
(1) All producers, growers, and shippers of fresh
fruits and vegetables and bee pollen and honey in this state shall be permitted to mark each individual fruit or vegetable, package of bee pollen, or package of honey in a conspicuous place as legibly, indelibly, and permanently as the nature of the fruit or vegetable, package of bee pollen, or package of honey will permit, in such manner as to indicate to an ultimate purchaser that the product was produced in Florida. Any fresh fruit or vegetable, package of bee pollen, or package of honey, including any package containing foreign honey blended with domestic honey, produced in any country other than the United States and offered for retail sale in Florida shall be marked individually in a conspicuous place as legibly, indelibly, and permanently as the nature of the fruit or vegetable, package of bee pollen, or package of honey will permit, in such manner as to indicate to an ultimate purchaser the country of origin. Markings shall be done prior to delivery in Florida.
(2) All retail vendors engaged in the business of selling products labeled or identified as to origin shall be prohibited from willfully and knowingly removing such labels or identifying marks.
History. ­ss. 2, 3, ch. 79-121; s. 387, ch. 81-259; s. 2, ch. 83-14

504.013 Penalties. ­ Any person, firm, or corporation engaged in the business of the retail vending of fresh fruits, fresh vegetables, bee pollen, or honey who willfully and knowingly removes any labels or identifying marks from fruits, vegetables, be pollen, or honey so labeled is guilty of a noncriminal violation as defined in s. 775.08(3) and upon conviction shall be punished as provided in s. 775.082(5) by a civil fine of not more than $500.
History. - s. 4, ch. 79-121; s. 3, ch. 83-14.

504.014 Enforcement.-The Department of
Agriculture and Consumer Services shall be responsible for enforcing the provisions of this part.
History.-s. 5, ch. 79-121; s. 3, ch. 90-322.
PART II

ORGANIC FARMING AND FOOD

504.21 Short title.
504.22 Purpose.
504.23 Definitions.
504.24 Departmentīs duties and responsibilities.
504.25 Certain acts prohibited.
504.26 Certification of organic food.
504.27 Duties and certifying agent.
504.28 License and fee.
504.29 Organic food standards.
504.31 Organic food advisory council.
504.32 Rulemaking authority.
504.33 Inspection, sampling, analysis, and enforcement.
504.34 Penalties; duties of law enforcement officers; injunctive relief.
504.35 Labeling and advertisement.
504.36 Disposition of fees, fines and penalties.

504.21 Short title.-This part shall be known as the "Florida Organic Farming and Food Law."
History.-ss. 1, 6, ch. 90-322; s. 4, ch. 91-429.

504.22 Purpose.-The purpose of this part is to provide a regulatory framework to protect consumers, producers, and retailers who desire to purchase, market, or produce organic foods as described in this part, as well as to protect conventional agriculture and organic agriculture against false labeling, misleading advertising, and fraudulent practices in the marketplace.
History.-ss. 1, 6, ch. 90-322; s. 4, ch. 91-429.

504.23 Definitions.-For the purposes of this part, the following terms shall have the following meanings:
(1) "Organic farming" means a food production system based on farm management methods or practices that rely on building soil fertility by utilizing crop rotation, recycling of organic wastes, application of unsynthesized minerals, and, when necessary, mechanical, botanical, or biological pest control.
(1)
"Organic food" means a food which is labeled
as organic or organically grown and which has been produced, transported, distributed, processed, and packaged without the use of synthetic pesticides, synthetically compound fertilizers, synthetic growth hormones, or artificial radiation and which has been verified by a certifying agent as complying with all provisions of this part and rules adopted under this part.
(3) "Certifying agent" means an independent third party whose certifying standards meet or exceed the minimum guidelines set by nationally recognized grower groups, such as the Organic Food Producers Association.