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Documents Cited in the Supreme Court Ruling - 2
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FlaStat 585
Florida Statutes (Full Volume 1993)

CHAPTER 585: ANIMAL INDUSTRY

PART I GENERAL PROVISIONS (§§ 585.001-585.007)
PART II ANIMAL DISEASE INSPECTION, CONTROL, AND ERADICATION (§§ 585.01-585.68)
PART III ANIMAL AND ANIMAL PRODUCT INSPECTION AND LABELING (§§ 585.70-585.92)
PART I GENERAL PROVISIONS

585.001 Definitions ---

In construing this chapter, where the context permits, the term "department" means the Department of Agriculture and Consumer Services. History: § 2, ch. 90-321; § 48, ch. 92-291.

585.002 Department control; continuance of powers, duties, rules, orders, etc. ---

(1) This chapter shall be enforced by and under the control of the department as provided in chapter 570.

(2) The department shall have and exercise all the powers, jurisdiction, duties, and authority previously exercised by, or required of, the Florida Livestock Board, and the provisions of this chapter.

(3) The department, to the exclusion of all other state agencies, shall have regulatory authority over the possession, control, care, and maintenance of ostriches, emus, and rheas domesticated and confined for commercial farming purposes, except those kept and maintained primarily for exhibition purposes in zoos, carnivals, circuses, and other establishments where such species are kept for display to the public.

(4) The department shall promulgate rules to carry out the provisions of this chapter.

(5) The department shall, by rule, establish a fee schedule to cover all or a portion of the costs associated with carrying out the provisions of this chapter, to include establishment of fees for provision of health forms, required certificates, and grants of inspection, with such individual fees not to exceed $150. These fees shall be deposited in the department's General Inspection Trust Fund. History: § 2, ch. 59-457; §§ 14, 35, ch. 69-106; § 6, ch. 78-95; § 3, ch. 90-321; § 31, ch. 92-180; § 49, ch. 92-291; § 1, ch. 93-223. Note. Former § 585.011.

585.003 Power of department to enter private premises for purpose of inspection, testing, etc. ---

(1) For the purpose of carrying out the provisions and requirements of this chapter, and all rules made pursuant thereto, the department, through its duly authorized employees, is empowered to enter upon any grounds or premises in this state to:

(a) Inspect, test, dip, identify, treat, destroy, quarantine, disinfect, or conduct such other required procedures as are contemplated by this chapter;

(b) Examine any records or documents which facilitate efforts to determine locations where an animal may have been during the previous 120 days for the purpose of animal disease control eradication programs over which any authority is conferred by law upon the department; or

(c) Carry out any other provisions of this chapter.

(2) After reasonable notice from the department or the department's representative, owners or agents having jurisdiction over animals shall present them for such procedures as contemplated by this chapter in accordance with the directions of the department's representative. History: § 16, ch. 7345, 1917; RGS 2116; CGL 3343; § 25, ch. 59-457; § 2, ch. 87-151; § 4, ch. 90-321; § 55, ch. 91-220; § 3, ch. 91-294. Note. Former § 585.35.

585.004 Department charged with enforcement of law; duties of state attorneys. ---

The department shall see that the provisions of this chapter are carried out. The department may require the state attorney in any circuit or county to institute suits, civil or criminal, for the purpose of enforcing or carrying out the terms of this chapter and the rules of the department, or preventing violations thereof. Any person or officer charged with any duty under this chapter may be compelled to perform the same by mandamus, injunction, or other extraordinary remedy upon the application and in the name of the department. Injunction shall issue without bond. History: § 13, ch. 7345, 1917; RGS 2113; CGL 3342; § 26, ch. 59-457; § 8, ch. 61-408; § 26, ch. 73-334; § 5, ch. 90-321. Note. Former § 585.36.

585.005 Courts have power to enforce provisions by mandamus or injunction. ---

The circuit courts of this state shall have the power to enforce any of the provisions of this chapter and any rule of the department by mandamus, or temporary or permanent injunction, or both, upon the application of the director, against any person who shall violate any provision of this chapter or any such rule. History: § 20, ch. 7345, 1917; RGS 2118; CGL 3344; § 27, ch. 59-457; § 6, ch. 90-321. Note. Former § 585.37.

585.006 Interference with department employees. ---

Any person who forcibly assaults, resists, opposes, prevents, impedes, or interferes with a duly authorized inspector or representative of the department in the execution of his duties under this chapter shall be guilty of a misdemeanor of the second degree, punishable as provided in § 775.082 or § 775.083. History: § 16, ch. 7345, 1917; RGS 5552; § 4, ch. 8508, 1921; CGL 7738; § 29, ch. 59-457; § 605, ch. 71-136; § 7, ch. 90-321. Note. Former § 585.39.

585.007 Violation of rules; violation of chapter. ---

(1) Any person who violates the provisions of this chapter or any rule of the department shall be subject to the imposition of an administrative fine of up to $10,000 for each offense. Upon repeated violation, the department may seek enforcement pursuant to § 120.69.

(2) Unless otherwise provided, any person violating the provisions of this chapter is guilty of a misdemeanor of the second degree, punishable as provided in § 775.082 or § 775.083. History: § 19, ch. 7345, 1917; RGS 5554; § 6, ch. 8508, 1921; CGL 7740; § 10, ch. 17273, 1935; CGL 1936 Supp. 7742(4); § 34, ch. 59-457; § 607, ch. 71-136; § 3, ch. 87-151; § 8, ch. 90-321. Note. Former § 585.41. PART II ANIMAL DISEASE INSPECTION, CONTROL, AND ERADICATION

585.01 Definitions. ---

In construing this part, where the context permits, the word, phrase, or term:

(1) "Approved brucella vaccine" means a Brucella abortus Strain 19 immunization product approved and licensed by the United States Department of Agriculture for injection into cattle and bison to enhance their resistance to brucellosis infection.

(2) "Beef cattle" means animals of the genus Bos of various breeds which are raised primarily for the production of meat.

(3) "Biological product" is a complex substance, preparation, or agent, derived from living organisms or animals, depending for its action on the processes effecting immunity, which is used as a vaccine or in the diagnosis and treatment of a disease. This term includes synthesized products of similar intended usage.

(4) "Biological or chemical residues" means potentially harmful substances and their metabolites not normally present in animal tissues, which result from treatment or exposure to a pesticide, organic or inorganic compound, hormone, hormone-like substance, growth promoter, antibiotic, anthelmintic, tranquilizer, vaccine, or other therapeutic or prophylactic agent.

(5) "Carcass" means the body of any animal which dies other than by slaughter, or any part of such animal.

(6) "Cattle" shall include any bull, steer, ox, cow, heifer, calf, or any other bovine animal subject to infestation by cattle fever ticks ( Boophilus annulatus, or other species).

(7) "Dairy cattle" means animals of the genus Bos of various breeds which are raised primarily for the production of milk or milk products.

(8) "Director" means the director of the Division of Animal Industry of the Department of Agriculture and Consumer Services. The director is also known as the State Veterinarian, the Chief Animal Health Official of the state, and the Chief Livestock Regulatory Official of the state.

(9) "Division" means the Division of Animal Industry of the Department of Agriculture and Consumer Services.

(10) "Domestic animal" shall include any equine or bovine animal, goat, sheep, swine, domestic cat, dog, poultry, ostrich, emu, rhea, or other domesticated beast or bird. The term "animal," as used in this chapter, shall include wild or game animals whenever necessary to effectively control or eradicate dangerous transmissible diseases or pests which threaten the agricultural interests of the state.

(11) "Emergency" means any situation in which the department has declared a pest, a communicable, contagious, or infectious disease of animals, or the presence of biological or chemical residue to be a public nuisance or any situation in which, in the opinion of the department, a pest, disease, or residue endangers or threatens the animals or citizens of the state.

(12) "Garbage" means all refuse matter, animal or vegetable, byproducts of a restaurant, kitchen, or slaughterhouse; and shall include every accumulation of animal, fruit, or vegetable matter, liquid, or otherwise. "Garbage" shall also include "swill" as commonly used; provided, however, "garbage" shall not include fruit or vegetable matter which does not contain or has not been in contact or mixed with meat or meat parts.

(13) "Livestock" means grazing animals, such as cattle, horses, sheep, swine, goats, other hoofed animals, and ostriches which are raised for private use or commercial purposes.

(14) "Owner" shall include any owner, custodian, or other person in charge of any animal, domestic or otherwise.

(15) "Pathogenic organisms" means microorganisms, such as bacteria, viruses, rickettsia, etc., capable of causing diseases in animals or man. "Virulent organisms" are pathogenic organisms that are extremely dangerous and are characterized by being highly contagious.

(16) "Quarantine" means a strict isolation imposed on animals, or premises or other defined geographic areas, to prevent the spread of disease or pests.

(17) "Technical council" means the Animal Industry Technical Council.

(18) "Transmissible," "communicable," "contagious," and "infectious" all refer to diseases which are readily transferred between or among animals in a group or to susceptible animals in proximity to diseased animals. Such transference may be directly from one animal to another, by contact with objects contaminated by disease-causing agents, or by insect (vector) transmission of disease-causing agents from diseased animals into susceptible animals or man.

(19) "Violative levels" means levels above the tolerances established by the United States Food and Drug Administration or the United States Environmental Protection Agency, as adopted by department rule. History: § 5, ch. 9201, 1923; § 2, ch. 17273, 1935; CGL 1936 Supp. 3321, 3323(2); § 1, ch. 25358, 1949; § 1, ch. 59-457; §§ 14, 3§ 50, ch. 92-291; § 63, ch. 93-169.

585.08 General powers of the department; rules. ---

The Division of Animal Industry is authorized to:

(1) Establish, maintain, and enforce quarantine areas within the state, or the entire state. The department may restrict, regulate, or prohibit the movement or transportation of animals found, determined, or suspected by it to be carriers of any contagious, infectious, or communicable disease, or cattle fever tick (Boophilus annulatus, or other species), into, from, and within such quarantine areas, when necessary for the prevention, control, or eradication of any contagious, infectious, or communicable disease, or for cattle fever tick eradication among domestic or wild animals, or for carrying out any of the other purposes of this chapter.

(2) Make, promulgate, amend, repeal, and enforce rules:

(a) Governing the introduction of animals into or within the state, which rules, when deemed necessary by the department, may require that all animals moved into the state be covered by an official certificate of veterinary inspection and requisite test chart approved by the chief livestock regulatory official of the state or county of origin; and

(b) Governing the disposal or destruction of carcasses of animals which are condemned or die from or while afflicted with any contagious, infectious, or communicable disease, in such manner as to prevent the spread or continuance of the contagion or infection.

(3) Condemn and destroy any animal affected with any contagious, infectious, or communicable disease, or which has been exposed to and is liable to spread any contagious, infectious, or communicable disease.

(4) Condemn and destroy any barn, yard, shed, corral, or pen which, in the opinion of the department, is liable to convey infection or contagion. History: §§ 5, 11, ch. 7345, 1917; RGS 2105, 2110, 2111; § 6, ch. 9201, 1923; CGL 3322, 3323(6), 3339, 3340; §§ 5, 6, ch. 17273, 1935; § 4, ch. 23775, 1947; § 2, ch. 25358, 1949; § 3, ch. 59-457; § 1, ch. 61-408; §§ 14, 35, ch. 69-106; § 1, ch. 70-257; § 1, ch. 87-151; § 11, ch. 90-321.

585.09 Procedure for condemnation of animals and property by department. ---

Condemnation and destruction of animals, barns, yards, sheds, corrals, and pens, as provided in § 585.08, shall take place only after a fair appraisal of the value of the property. The value shall be determined by the department and the owner; provided, however, should the department and the owner be unable to agree on a value, the value shall then be determined by three disinterested appraisers, one to be appointed by the department, one by the owner of the property, and the third to be selected by these two. The appraised price, subject to the provisions of § 585.10, shall be paid by the department as other expenses are paid. If the owner of such animal, barn, yard, shed, corral, or pen fails or refuses to name an appraiser within 5 days after requested by the department to do so, or refuses to permit the property to be condemned and destroyed, the department may make an order to the sheriff of the county wherein the property lies, directing him to destroy such animal, barn, yard, shed, corral, or pen, in the manner to be prescribed in the order. The order shall be immediately executed by the sheriff. Upon the destruction of the property by the sheriff, the department shall have the right to recover, from the owner of the property destroyed, all costs and expenses incurred by it in connection with the destruction. History: § 11, ch. 7345, 1917; RGS 2111; § 11, ch. 9201, 1923; CGL 3340; § 5, ch. 23775, 1947; § 4, ch. 59-457; §§ 14, 35, ch. 69-106; § 12, ch. 90-321.

585.10 Condemned and destroyed animals; limitation on payment to owner. ---

The department may indemnify and reimburse the owners of all animals condemned and destroyed by order of the department in cases in which such animals have reacted to the tuberculin test or any test approved by the United States Department of Agriculture for brucellosis (Bang's disease), or in which such animals have been exposed to, and are liable to spread, tuberculosis or brucellosis. However, when cattle are involved, such indemnity or reimbursement shall not exceed the sum of $50 for grade cattle, $100 for registered purebred cattle, and $100 for dairy cattle, except in the case of complete cattle herd liquidation, in which event such indemnity or reimbursement shall not exceed the sum of $100 for any one animal. History: § 1, ch. 18152, 1937; CGL 1940 Supp. 3348(23); § 1, ch. 22886, 1945; § 5, ch. 59-457; §§ 14, 35, ch. 69-106; § 2, ch. 70-257; § 1, ch. 70-439; § 1, ch. 76-206; § 2, ch. 78-57; § 13, ch. 90-321.

585.105 Purchase, distribution, and administration of approved brucella vaccine. ---

(1) The department is hereby authorized and required to purchase approved brucella vaccine, to enhance the resistance of cattle and bison to brucellosis (Bang's disease) infection, in such units as deemed advisable at the lowest and best bid or bids, from one or more reliable manufacturers producing a high quality product.

(2) The department shall distribute through employees of the division, licensed veterinarians, and recognized and approved agents of the state and federal governments, an approved brucella vaccine without cost to any owner of cattle in Florida making application therefor upon blanks to be furnished by the department and approved by the administrator of the vaccine.

(3) Whenever the vaccine is distributed as provided in subsection (2), the administrator shall identify each and every animal to which the vaccine is administered by means of a permanent identification. The department shall designate one or more proper means of identification to be used for this purpose. It shall be unlawful for any person to administer the vaccine to any animal bearing such identification or to any animal known to the administrator to have been so identified. History: § 2, ch. 22517, 1945; § 136, ch. 26869, 1951; § 36, ch. 59-457; § 14, ch. 90-321. Note. Former § 585.44.

585.11 Cooperation with United States authorities. ---

The department may cooperate with:

(1) The authorities of the United States in the enforcement of all acts of Congress for the control, prevention, suppression, and eradication of contagious, infectious, and communicable diseases affecting animals, or animal diseases which may affect humans, and in connection therewith may:

(a) Appoint inspectors of the United States Department of Agriculture as temporary assistant state veterinarians or livestock inspectors; provided, they shall first consent to act without compensation or profit from the state;

(b) Accept aid or assistance from the United States in conducting work related to the control or eradication of tuberculosis, brucellosis, pseudorabies, hog cholera, and any other such dangerous disease, or from any of its officers, representatives, or agents, in carrying out such work.

(2) The officials of the United States Department of Agriculture in the control or eradication of tuberculosis, brucellosis, pseudorabies, and hog cholera and with the owners of animals, who accept indemnity for animals found to be diseased and slaughtered in accordance with the [Footnote 1] special Acts of Congress now in effect and appropriating funds for this purpose, or that may hereafter be available from such source.

(3) The United States Department of Agriculture in carrying out the provisions of the National Poultry Improvement Plan and the National Turkey Improvement Plan in Florida, and in connection therewith, may promulgate rules necessary to carry out the provisions of the National Poultry Improvement Plan and the National Turkey Improvement Plan in Florida. History: § 12, ch. 7345, 1917; RGS 2112; § 12, ch. 9201, 1923; CGL 3341; § 7, ch. 17273, 1935; CGL 1936 Supp. 3323(7); § 1, ch. 22581, 1945; § 3, ch. 25358, 1949; § 6, ch. 59-457; § 2, ch. 61-408; § 15, ch. 90-321. [Footnote 1] Note. As enacted by § 7, ch. 17273, Acts of 1935.

585.14 Information concerning animal diseases ---

The department shall collect, preserve, and disseminate information concerning infectious, contagious, communicable, and other diseases of animals, their origin, locality, nature, appearance, manner of dissemination or contagion, and method of treatment required for the successful eradication and control thereof. History: § 4, ch. 7345, 1917; RGS 2104; § 4, ch. 9201, 1923; CGL 3320; § 7, ch. 59-457; § 3, ch. 61-408; §§ 14, 35, ch. 69-106; § 16, ch. 90-321.

585.145 Control of animal diseases. ---

(1) The division shall take such measures as may be necessary and proper for the control, suppression, eradication, and prevention of the spread of contagious, infectious, and communicable disease and to protect animals in the state. The department shall also quarantine such animals as it shall find, or have reason to believe, to be infected with or exposed to any such disease.

(2) No animal shall be imported into the state, moved within the state, or the ownership thereof transferred within the state without the owner, broker, or transferor first obtaining such health tests, official certificates of veterinary inspection, or other certificates and documents as shall be required by rules adopted by the department. Evidence of compliance with this subsection shall accompany the owner or agent having jurisdiction of such animals imported, moved intrastate, or to which ownership is being transferred. However, unless an emergency is declared, the department may not require Florida residents to carry evidence of compliance in intrastate travel for privately owned domestic canines or domestic felines which are not offered for sale. The department may provide by rule specific exceptions to this subsection upon finding that certain importations, intrastate movements, or transfers pose no threat to affected industries in Florida.

(3) A person who forges, counterfeits, simulates or alters, or who knowingly possesses, uses, presents or utters, any forged, counterfeited, altered or simulated official certificate of veterinary inspection or any other document relating to animal health requirements commits a felony of the third degree, punishable as provided in § 775.082, § 775.083, or § 775.084. History: § 16, ch. 90-321; § 5, ch. 91-294.

585.15 Dangerous transmissible disease or pest a public nuisance. ---

The department may declare by rule that a certain pest or disease of animals is a public nuisance. When a pest or disease is thus determined to be dangerous, transmissible, or threatening to an agricultural interest of the state, it shall be known as a "reportable disease." Each reportable disease shall be included by rule on the division's dangerous transmissible disease list. When necessary because of the possible impact of an animal disease on public health, the department may consult with the Department of Health and Rehabilitative Services regarding an animal disease that is transmissible to humans. History: § 3, ch. 17273 1935; CGL 1936 Supp. 3323(3); § 4, ch. 25358, 1949; § 8, ch. 59-457; § 1, ch. 63-356; §§ 14, 35, ch. 69-106; § 1, ch. 84-72; § 17, ch. 90-321.

585.155 Whole-herd and calf vaccination. ---

(1) All female calves born in the state that are to be used for dairy breeding purposes shall be vaccinated with an approved Brucella abortus vaccine by state or federal regulatory officials or licensed veterinarians.

(2)

(a) All calves vaccinated with Brucella abortus vaccine shall be permanently identified at the time of vaccination with the official shield tattoo "V," registered by the United States Department of Agriculture, in the right ear, preceded by the numeral of the quarter of the year and followed by the last numeral of the year.

(b) In addition, each calf shall be individually identified at the time of vaccination, if not already identified by tattoo or brand, by an official vaccination ear tag in the right ear. The tag shall include the designated state prefix, followed by the letter "V," two additional letters, and four numerals. Registration tattoos or individual brand numbers may be substituted for the official ear tags. This identification shall be accurately recorded on the official vaccination record.

(c) Heifer calves shall be vaccinated in accordance with the age requirements as defined in the Uniform Methods and Rules for Brucellosis Eradication and the Code of Federal Regulations.

(d) Duplicate reports covering these vaccinations shall be immediately furnished to the department and shall constitute the official record of vaccination.

(3) Each owner of a herd of cattle in this state shall enroll the herd in a program to determine whether the herd is infected with brucellosis. When reactors or suspects are disclosed in a herd, the department and the owner must develop a plan to eliminate the infection in accordance with the Uniform Methods and Rules for Brucellosis Eradication and the rules of this state. The plan shall include the required testing, removal of reactor animals, calfhood vaccination and whole-herd vaccination to clear the herd of infection. The department shall provide for the establishment of low brucellosis incidence areas and brucellosis free areas which can be recognized by the United States Department of Agriculture as having Class "Free," Class "A," or Class "B" status under the Uniform Methods and Rules for Brucellosis Eradication.

(4) Only an approved vaccine produced under license of the United States Department of Agriculture shall qualify for vaccination purposes under this section. History: § 1, ch. 77-202; § 1, ch. 79-102; § 417, ch. 81-259; § 18, ch. 90-321; § 64, ch. 93-169.

585.16 Powers of division in connection with certain diseases. ---

Whenever the department determines, pursuant to § 585.15, that a pest or 
disease is dangerous and transmissible, or whenever the department determines it necessary or advisable to dip, examine, test, identify, treat, or destroy an animal or other property defined in § 585.08(4), the division or its representatives and agents may dip, examine, test, identify, treat, or destroy any infected, exposed, suspected, or susceptible animal and any goods, products, or materials that may carry contagion, or may quarantine on or in, for or against any premises, areas, or localities within the state. History: § 4, ch. 17273, 1935; CGL 1936 Supp. 3323(4); § 8, ch. 23775, 1947; § 9, ch. 59-457; § 2, ch. 63-356; §§ 14, 35, ch. 69-106; § 19, ch. 90-321.

585.17 Care of animals with transmissible diseases and liability therefor. ---

(1) No person shall knowingly sell or offer for sale, or knowingly or willfully transport or move, or knowingly or willfully allow or permit any animal to stray or drift within the state, knowing that animal to be suffering from, afflicted with, or affected by any pest or disease that the department determines, pursuant to § 585.15, is dangerous, transmissible, or threatening to an agricultural interest of the state, without first obtaining written permission from the division.

(2) No person shall knowingly or willfully transport or move, or knowingly or willfully allow or permit any domestic animal to stray or drift from any quarantine area, without first obtaining written permission from the division.

(3) No person shall knowingly or willfully spray or dip any animal in an effort to destroy any evidence of cattle fever tick infestation without first obtaining written permission from the division.

(4) In addition to the penalty provisions provided in this chapter, any person who violates this section shall be liable to the department for all expenses associated with its enforcement and to any owner of an animal who is injured by such violation. History: § 9, ch. 7345, 1917; RGS 2109; CGL 3338; § 5, ch. 17273, 1935; CGL 1936 Supp. 3323(5); § 9, ch. 23775, 1947; § 5, ch. 25358, 1949; § 10, ch. 59-457; § 20, ch. 90-321.

585.18 Duty to report diseased animals. ---

(1) Any person who has knowledge of the existence in or among animals of any contagious, infectious, or communicable disease which is included on the division's dangerous transmissible disease list shall, immediately upon gaining such knowledge, report the same to the State Veterinarian.

(2) No person who has knowledge that any animal is afflicted with or suffering from any such disease shall conceal or attempt to conceal such animal, or knowledge that such animal is afflicted with or suffering from any such disease, from the division or its agents and employees, or shall remove or attempt to remove such animal from the reach, care, or control of the division or its agents and employees. History: § 8, ch. 7345, 1917; RGS 2108; CGL 3337; § 11, ch. 59-457; § 21, ch. 90-321.

585.19 Duty of practitioners of veterinary medicine and owners of animals to report dangerous transmissible diseases or pests; penalty. ---

(1) Any practitioner of veterinary medicine who knows or suspects that an animal is afflicted with or suffering from a disease or pest designated on the division's dangerous transmissible disease list shall immediately report the same to the State Veterinarian in the manner which the department shall prescribe.

(2) Any owner who knows or suspects that his animal is afflicted with or suffering from a disease or pest designated on the division's dangerous transmissible disease list shall immediately report the same to the State Veterinarian in the manner which the department shall prescribe.

(3) All reports related to a disease or pest designated on the division's dangerous transmissible disease list shall be made in the manner which the department shall by rule prescribe.

(4) Any veterinarian or owner of an animal who is convicted of willfully failing to report an animal as required in subsection (1) or subsection (2) is guilty of a felony of the second degree, punishable as provided in § 775.082, § 775.083, or § 775.084. History: § 7, ch. 7345, 1917; RGS 2107; CGL 3336; § 6, ch. 25358, 1949; § 12, ch. 59-457; § 4, ch. 61-408; § 22, ch. 90-321.

585.20 Injection of pathogenic organisms into animals. ---

No person shall inject or otherwise administer to any animal that is food producing or that is to be used as food for man any virus or other substance containing pathogenic or disease producing organisms of a kind that is virulent to man or for animals, except with the written permission of the State Veterinarian. History: § 9, ch. 17273, 1935; CGL 1936 Supp. 3323(9); § 13, ch. 59-457; § 24, ch. 90-321.

585.21 Sale of biological products. ---

(1) Each biological product intended for diagnostic or therapeutic purposes for animals which is manufactured for sale or sold in the state shall first be officially approved by the United States Department of Agriculture.

(2) The following biological products for animals shall not be manufactured for sale or sold in the state without written permission of the department:

(a) Virulent hog cholera virus;

(b) Modified live virus hog cholera vaccine;

(c) Inactivated (killed virus type) hog cholera vaccine;

(d) Contagious ecthyma vaccine;

(e) Fowl laryngotracheitis vaccine;

(f) Anthrax spore vaccine;

(g) Brucella abortus vaccine;

(h) Brucella abortus antigen;

(i) Pseudorabies vaccine; or

(j) Any other biological product which the department may by rule prohibit.

(3) Any biological product for animals which is used or proposed to be used in a field test in this state must be approved for such use by the department. History: § 8, ch. 17273, 1935; CGL 1936 Supp. 3323(8); § 1, ch. 57-140; § 14, ch. 59-457; § 25, ch. 90-321; § 32, ch. 92-180; § 51, ch. 92-291.

585.22 Public notice of general quarantines. ---

The department shall give public notice whenever it places any area of the state under general quarantine. The notice shall in general terms define the quarantine lines established. The department shall publish the notice, at least once, in a newspaper to be selected by the department within each county wherein the quarantined area lies, and post a copy of the notice at the door of the courthouse of each county. The provisions of this section shall not apply to quarantines for tick eradication. History: § 5, ch. 7345, 1917; RGS 2105; § 6, ch. 9201, 1923; CGL 3322; § 15, ch. 59-457; §§ 14, 35, ch. 69-106; § 26, ch. 90-321.

585.23 Owners of animals and premises under quarantine to comply with rules. ---

All persons in charge of quarantined animals, and all owners in possession of any lot, yard, pasture, field, stall, enclosure, barn, or building which has been quarantined, shall comply with all rules prescribed by the department within a reasonable time, and clean and disinfect such animals or premises, and shall destroy carriers, or cause, or means of communicating any contagious, infectious, or communicable diseases affecting such animals or infecting such premises. History: § 21, ch. 7345, 1917; RGS 2119; CGL 3345; § 16, ch. 59-457; §§ 14, 35, ch. 69-106; § 27, ch. 90-321.

585.24 Cattle fever tick eradication; quarantine; facilities; dipping; schedules. ---

(1) Whenever the department places any area under quarantine for the purpose of cattle fever tick eradication, public notice shall be given by publishing a notice once each week, in at least one newspaper of general circulation to be selected by the department in each county within the quarantine area, for 2 successive weeks (two publications being sufficient), before work is to commence, and by posting copies of the notice at the door of the courthouse in each county, at least 8 days before the commencement of work. The time within which any right of appeal, as hereinafter provided, from any order of the department placing any area under quarantine for the purpose of cattle fever tick eradication, shall begin to run, shall be from date of issuance of the order and not the date of publication of notice.

(2) The department is authorized to purchase or lease lands and to procure or construct all facilities necessary to prevent, control, or eradicate cattle fever tick.

(3) The department shall fix and give public notice in the manner provided in subsection (1) of a schedule for the systematic dipping of animals in a quarantine area.

(4) The department shall promulgate rules prescribing the regularity that an animal must be dipped.

(5) The department may by rule prescribe other methods of cattle fever tick eradication, including the pasture rotation method. History: § 8, ch. 9201, 1923; CGL 3324; § 10, ch. 23775, 1947; § 7, ch. 25358, 1949; § 17, ch. 59-457; §§ 14, 35, ch. 69-106; § 28, ch. 90-321.

585.30 Cattle fever tick eradication; procedure where owner fails or refuses to dip. ---

(1) Any animal, within any tick eradication area, which is not dipped in accordance with the rules of the department and under the department's supervision shall be taken into the department's custody, dipped, and retained in its custody, at some place to be selected by the director, until redeemed or sold as hereinafter provided.

(2) The division and its agents and employees may enter into any range, premises, pen, pasture, barn, or enclosure or place where animals may be found and take into custody, remove, dip, and pen any animal which has not been dipped in accordance with the requirements of this chapter and the rules of the department. All expenses incurred by the department as a result of the owner's failure or refusal to dip an animal, including expenses for penning, feeding, and dipping, shall be a lien against the animal. If, within 30 days, these expenses are not paid and the animal is not redeemed by the owner, the division shall give written notice to the sheriff of the county where the animal is held. The notice of lien shall state the time and place the animal was taken into custody and the number of animals taken. The notice of lien shall also describe any marks or brands on each animal and the name of the owner if known.

(3) Upon receipt of the notice of lien, the sheriff shall give public notice, to whom it may concern and to the owner if known, that on a day and hour specified in the public notice, the animals described shall be offered for public sale and sold to the highest bidder. The public sale shall not be less than 10 days from nor more than 20 days after the first publication of the public notice. The public notice shall state the time and place the animal was taken into custody and the number of animals taken. The public notice shall also describe any marks or brands on each animal. The sale shall be held at the place where the animals are situated or penned. The public notice shall be given by publishing the same in some newspaper published in the county wherein the animals are penned, if there be such newspaper, for two publications, the first of which shall be not less than 10 days prior to the date of sale, and by publishing a copy of the notice, at least 10 days prior to sale, at the courthouse door. A copy of the notice shall also be served upon the owner or one of them if more than one, or their agent, in the manner provided by law for service of summons, at least 10 days before sale, if such owner or his agent, together with his address, be known to the sheriff and he resides or can be found within the state.

(4) If any animal is not redeemed before its sale by payment of all costs and expenses incurred by the department in feeding, penning, dipping, and taking it into custody, and all sheriff's costs, then the sheriff shall offer for sale and shall sell and deliver to the highest bidder for cash such animal and shall deduct from the proceeds thereof all sheriff's costs, and shall pay to the department all costs and expenses incurred in penning, feeding, dipping, and taking into custody such animal, and immediately pay into the fine and forfeiture fund of such county the balance of such proceeds. The sale and delivery of an animal shall vest in the purchaser an absolute title and right of possession, superior to all other title, liens, and claims, except any lien for unpaid taxes on such animal.

(5) If the former owner shall, within 12 months from and after the date of such sale, file with and establish to the satisfaction of the county commissioners of such county his claim to the net proceeds arising from the sale, the county commissioners shall deliver to such claimant the amount of such net balance.

(6) The term "sheriff's costs," as used in this section, means such costs as sheriffs are allowed by law for similar services, and the term "expenses incurred by the department" means the actual, reasonable, and necessary expenses incurred in feeding, penning, dipping, and taking an animal into custody, to be shown by a sworn, itemized statement filed with the clerk of the circuit court. History: § 12, ch. 9201, 1923; CGL 3328; § 21, ch. 59-457; §§ 14, 35, ch. 69-106; § 29, ch. 90-321.

585.38 Injuring property used in the eradication of diseases of animals, etc. ---

Any person who shall injure, destroy, or attempt to destroy any property or equipment or facilities owned by any person or county or any property or equipment or facilities owned by the department or the state, used or intended to be used in the prevention, control, suppression, or eradication of any infectious, contagious, or communicable diseases affecting animals, shall be guilty of a misdemeanor of the first degree, punishable as provided in § 775.082 or § 775.083. History: § 21, ch. 7345, 1917; RGS 5555; CGL 7741; § 28, ch. 59-457; § 604, ch. 71-136; § 30, ch. 90-321.

585.40 Violation of quarantine regulations. ---

Whenever the department issues a quarantine, it shall be unlawful for any person, while such quarantine exists, to take, drive, or transport any animal into or out of such quarantined premise without permission of the State Veterinarian. History: § 17, ch. 7345, 1917; RGS 5553; § 5, ch. 8508, 1921; CGL 7739; § 30, ch. 59-457; §§ 14, 35, ch. 69-106; § 606, ch. 71-136; § 31, ch. 90-321.

585.432 Screwworm control; eradication. ---

(1) The department shall formulate a program and promulgate all rules necessary for the successful implementation and administration of a comprehensive program for the control and eradication of screwworms within this state. The department may conduct the research and experimentation necessary to implement this program.

(2) In the discharge of its duty under this section, the department shall have the power:

(a) To acquire by gift, lease, purchase, or otherwise, facilities for breeding sterile screwworm flies and to secure the controlled distribution of such flies.

(b) To employ such persons, and to make such contracts, as are necessary to carry out the purposes of this section. History: §§ 1-5, ch. 57-200; § 35, ch. 59-457; § 9, ch. 61-408; § 32, ch. 90-321.

585.45 Right to declaratory judgment. ---

Any owner or custodian of any animal which the department has required to be dipped or inspected shall have the right to a judicial declaration as to the validity of the order by bringing an action for declaratory judgment in the circuit court. If the order is affirmed, the cost shall be paid by the person applying for the declaration. In disposing of said cases, the court shall have the power and authority to issue subpoenas to any witness the court may deem necessary or that may be applied for by respective parties. History: § 15, ch. 23775, 1947; § 37, ch. 59-457; § 34, ch. 63-512; § 33, ch. 90-321.

585.48 Policy and purpose of §§ 585.50-585.59. ---

Because of the existing and increasing possibility of the occurrence of highly contagious, infectious, and communicable diseases in the animals of this state, which threaten their destruction or productivity, and because certain known agents and vectors are instrumental in the spread of certain highly contagious, infectious, and communicable diseases in animals, it is hereby found and declared to be necessary to regulate the feeding of garbage. History: § 1, ch. 28313, 1953; § 39, ch. 59-457; § 34, ch. 90-321.

585.50 Garbage feeding prohibited unless sterilized. ---

It shall be unlawful for any person to feed garbage to animals unless such garbage has been heated, cooked, treated, or processed under such temperature, pressure, process, or method, and for such a period of time, as is necessary to render the same free of any contagious, infectious, or communicable disease which might affect either the animals of this state or the citizens of this state. The department is authorized to promulgate rules covering the method of heating, cooking, treating, or processing, and to prescribe the temperature and time for such heating, cooking, treating, and processing as may be determined by scientific research. The requirements of §§ 585.48-585.59 shall not apply to an individual who feeds his own animals only the garbage from his own household. History: § 4, ch. 28313, 1953; § 41, ch. 59-457; § 35, ch. 90-321.

585.51 Permitting of feeders of garbage. ---

No person shall feed garbage without first having applied for and obtained a permit from the department. Each permit shall expire as of July 1 of each year. History: § 5, ch. 28313, 1953; § 42, ch. 59-457; § 36, ch. 90-321.

585.52 Requirement regarding the collection, transportation, and distribution of garbage. ---

Every permitted feeder of garbage shall keep and furnish the department such information as it may require regarding the collection, transportation, distribution, and processing of garbage. Each permitted feeder shall keep and maintain sanitary at all times the vehicles used in the collection, transportation, and distribution of garbage. The department is authorized to promulgate rules as may be necessary to effectuate the purpose of §§ 585.48-585.59. History: § 6, ch. 28313, 1953; § 43, ch. 59-457; § 37, ch. 90-321.

585.53 Permit revocation. ---

Every permitted feeder of garbage who shall violate this chapter or the rules promulgated by the department pursuant thereto shall have his permit revoked, canceled, or suspended. History: § 7, ch. 28313, 1953; § 44, ch. 59-457; § 6, ch. 78-95; § 38, ch. 90-321.

585.59 Penalties for violation. ---

In addition to the penalties provided by this chapter, any person who is convicted of a violation of the provisions of §§ 585.48-585.53 shall not be allowed to recover compensation from the department for the confiscation or destruction of any hogs fed uncooked garbage. History: §§ 15, 16, ch. 28313, 1953; § 4, ch. 57-140; § 45, ch. 59-457; § 609, ch. 71-136; § 39, ch. 90-321.

585.61 Animal disease diagnostic laboratories. ---

(1) There is hereby created and established an animal disease diagnostic laboratory in Dade County, Jackson County, Osceola County, and Suwannee County.

(2) The land used for the Suwannee County laboratory shall be conveyed to the state without cost by fee simple deed by the Board of County Commissioners of Suwannee County.

(3) The construction and operation of all the laboratories established by this section shall be under the supervision and control of the department. It shall be the duty of the department to operate these laboratories in an efficient manner so that any person who maintains animals in this state may obtain prompt reliable diagnosis of animal diseases, including any disease which may affect poultry eggs, in this state, and recommendations for the control and eradication of such diseases, to the end that diseases of animals may be reduced and controlled, and eradicated when possible.

(4) Any person who maintains animals in the state may use the services of the laboratories under the terms of this section and pursuant to the rules for such use which are adopted from time to time by the department. The department shall require any user of its services to pay a fee of not more than $5 for any one of the services requested, except that a fee for necropsy may be imposed in an amount not to exceed $35; the fee moneys, when collected, shall be deposited in the State Treasury to the credit of the special account known as the Animal Industry Diagnostic Laboratory Account within the General Inspection Trust Fund. The fees collected shall be used to improve the diagnostic laboratory services as provided for by the Legislature in the General Appropriations Act. History: §§ 2, 5, 6, ch. 29889, 1955; §§ 47, 49, 51, ch. 59-457; § 2, ch. 61-119; § 1, ch. 63-476; § 1, ch. 67-311; §§ 14, 35, ch. 69-106; § 1, ch. 84-175; §§ 4, 7, ch. 87-151; § 40, ch. 90-321; § 65, ch. 93-169. Note. Former §§ 585.621(2), 585.64, and 585.65.

585.671 Control and eradication of equine infectious anemia and equine piroplasmosis. ---

(1) The department shall formulate a program and promulgate all rules necessary for the successful implementation and administration of a comprehensive program for the control and eradication of equine infectious anemia and equine piroplasmosis within this state. For this purpose, the department may conduct research.

(2) In the discharge of its duty, the department shall have the power:

(a) To employ such persons and to make such contracts as are necessary to carry out the purpose of this law.

(b) To negotiate with officials of institutions of research and to make such contracts as are necessary to conduct research for the purpose of developing and effectuating improved methods of diagnosis, control, and eradication of equine infectious anemia and equine piroplasmosis. Toward this end it may employ such competent guidance as it deems necessary in negotiating said contracts. History: §§ 1, 2, ch. 63-442; §§ 14, 35, ch. 69-106; § 41, ch. 90-321.

585.68 Animals suspected of harboring biological or chemical residues; inspection, testing, and restriction of premises and animals; notice to owners. ---

(1) The department or its duly authorized representatives are hereby authorized to enter, inspect, and test any premises and animals where such animals exist, which are duly suspected of harboring biological or chemical residues, where such residues present the potential likelihood that the resultant meat or poultry products would be deemed adulterated.

(2) The department or its duly authorized representatives may issue and enforce a restricted premises/restricted animal movement order for premises and animals suspected of harboring biological or chemical residues. This order of restriction prohibits the ingress or egress of animals until there exists full compliance with this section and with the regulations of the department, and until a written notice of release has been issued by the department.

(3) If any animals that have been restricted pursuant to subsection (2) harbor such biological or chemical residues at violative levels for human or animal consumption, the department is hereby authorized to order the animals destroyed and disposed of in a manner prescribed for the particular biological or chemical residue. Tolerances established by the United States Food and Drug Administration or the United States Environmental Protection Agency shall be complied with in enforcing this law. History: § 6, ch. 91-294. PART III ANIMAL AND ANIMAL PRODUCT INSPECTION AND LABELING

585.70 Definitions. ---

In construing this part, where the context permits, the word, phrase, or term:

(1) "Animal" shall include any equine, bovine, goat, sheep, swine, or poultry, or any other animal which the department may by rule authorize to be slaughtered and sold for human consumption.

(2) "Carcass" means all parts, including viscera, of any slaughtered livestock or poultry.

(3) "Establishment" means any building or structure in which animals are slaughtered or animal product is prepared, the ground upon which such building or structure is erected, and as much ground adjacent thereto as is used in conducting the business of such facility, including drains, gutters, waste disposal, and cesspools used in connection with the facility.

(4) "Federal Food, Drug, and Cosmetic Act" means the act so entitled, approved June 25, 1938 (52 Stat. 1040), and acts amendatory thereof or supplementary thereto.

(5) "Intrastate commerce" means transporting, buying, and selling products within the state, and, in this part, applies to meat, meat food products, poultry meat, and poultry food products and other such articles.

(6) "Label" means a display of written, printed, or graphic matter upon the immediate container of any article, not including the package liner.

(7) "Labeling" means all labels and other written, printed, or graphic matter upon any article or any of its containers, or accompanying such article.

(8) "Meat" means the part of the muscle of any animal, other than poultry, which is skeletal or which is found in the tongue, in the diaphragm, in the heart, or in the esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve, and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing.

(9) "Meat byproduct" means any part of any animal, other than poultry, capable of use as human food, other than meat, which has been derived from one or more cattle, sheep, swine, or goats. This term, as applied to products of equines, shall have a meaning comparable to that provided in this subsection with respect to cattle, sheep, swine, and goats.

(10) "Meat food product" means any product of any animal, other than poultry, capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of an animal, other than poultry, except products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempt from definition as a meat food product by the department under such conditions as the department may prescribe.

(11) "Pet food" means any article intended for use as food for dogs, cats, or other animals, derived wholly or in part from the carcass, or parts or products of the carcass of any dead, dying, disabled, or diseased animal. The term "pet food" shall not include processed dry pet food or animal feeds, such as meat meal tankage, bloodmeal, and feed-grade animal fat.

(12) "Poultry" means any chickens, turkeys, ducks, geese, or guineas.

(13) "Poultry byproduct" means any part or parts of poultry, other than eggs, capable of use as human food, other than poultry carcasses, which have been derived from one or more birds. This term, as applied to products of poultry, shall have a meaning comparable to that provided for the term "meat byproduct."

(14) "Poultry food product" means any product of poultry, other than eggs, capable of use as human food which is made wholly or in part from any poultry meat or other portion of the carcass of poultry, except products which contain poultry meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry, and which are exempt from definition as a poultry food product by the department under such conditions as the department may prescribe.

(15) "Poultry meat" means the carcass or parts of such carcass of any poultry.

(16) "Prepare" means slaughter, can, salt, render, bone, cut up, or otherwise manufacture or process, or package, any animal product.

(17) "Product" or "animal product" means any animal carcass, meat, meat byproduct, meat food product, poultry byproduct, poultry meat, or poultry food product, capable of use as human food, or as otherwise provided for. History: § 43, ch. 90-321; § 7, ch. 91-294.

585.71 Legislative intent. ---

Animal products are an important source of the state's total supply of food, which is consumed throughout the state and a large portion of which moves in intrastate commerce. It is essential to the public interest that the health and welfare of consumers be protected by ensuring that the animal products distributed to them are wholesome, are not adulterated, and are properly marked, labeled, and packaged. Unwholesome, adulterated, or misbranded animal products impair the effective regulation of animal products in intrastate commerce; are injurious to the public welfare; destroy markets for wholesome, unadulterated, and properly labeled and packaged animal products; result in monetary losses to livestock and poultry producers and processors of animal products; and threaten the health and well-being of consumers. Unwholesome, adulterated, mislabeled, or deceptively packaged animal products can be sold at lower prices and compete unfairly with the wholesome, unadulterated, and properly labeled and packaged animal products, to the detriment of individual consumers and the public at large. History: § 44, ch. 90-321.

585.715 Enforcement. ---

This part shall be enforced by the Division of Food Safety. History: § 52, ch. 92-291.

585.72 Adulteration. ---

An animal product shall be deemed adulterated if:

(1) It bears or contains any poisonous or deleterious substance which may render it injurious to health; provided that, when the substance is not an added substance, such product shall not be considered adulterated under this subsection if the quantity of such substance in or on such product does not ordinarily render it injurious to health.

(2) It bears or contains, by reason of administration of any substance to the live animal, any added poisonous or added deleterious substance, other than one which is a pesticide chemical in or on a raw agricultural commodity, a food additive, or a color additive, which may, in the judgment of the department, make such article unfit for human food if:

(a) It is, in whole or in part, a raw agricultural commodity and such commodity bears or contains a pesticide chemical which is unsafe within the meaning of § 408 of the Federal Food, Drug, and Cosmetic Act;

(b) It bears or contains any food additive which is unsafe within the meaning of § 409 of the Federal Food, Drug, and Cosmetic Act; or

(c) It bears or contains any color additive which is unsafe within the meaning of § 706 of the Federal Food, Drug, and Cosmetic Act. A product which is not adulterated as defined in paragraph (a), paragraph (b), or paragraph (c) shall nevertheless be deemed adulterated if use of a pesticide chemical, food additive, or color additive in or on such product is prohibited by rule of the department in establishments at which inspection is maintained under this chapter.

(3) It consists in whole or in part of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human consumption.

(4) It has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.

(5) It is, in whole or in part, the product of an animal which has died otherwise than by slaughter.

(6) Its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

(7) It has been intentionally subjected to radiation, unless the use of the radiation was in conformity with a regulation or exemption in effect pursuant to § 409 of the Federal Food, Drug, and Cosmetic Act.

(8) Any valuable constituent has been, in whole or in part, omitted or abstracted therefrom, or if any substance has been substituted, wholly or in part, or if any damage or inferiority has been concealed in any manner, or if any substance has been added thereto in excess of allowable limits or mixed or packaged therewith so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.

(9) It is margarine containing animal fat and any of the raw material used therein consisted in whole or in part of any filthy, putrid, or decomposed substance. History: § 45, ch. 90-321.

585.73 Misbranding. ---

An animal product shall be deemed misbranded if:

(1) Its labeling is false or misleading in any particular.

(2) It is offered for sale under the name of another food.

(3) It is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation" and, immediately thereafter, the name of the food imitated.

(4) Its container is so made, formed, or filled as to be misleading.

(5) It is in a package or other container, unless the container bears a label showing:

(a) The name and place of business of the manufacturer, packer, or distributor; and

(b) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, provided that reasonable variations may be permitted and exemptions for small packages may be established by the department.

(6) Any word, statement, or other information required by or under authority of this part to appear on the label or other labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs, or devices in the labeling, and in such terms, as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(7) It is represented as, but does not conform to standards of identity or composition of, a specified food as established by rules of the department.

(8) It is represented as a food for which a standard or standards of fill of container have been prescribed by rules of the department and it falls below the standards of fill of container applicable thereto, unless its label bears, in such manner and form as such rules specify, a statement that it falls below such standard.

(9) It is not subject to the provisions of subsection (7), unless its label bears:

(a) The common or usual name of the food, if there is any; and

(b) When it is fabricated from two or more ingredients, the common or usual names of such ingredients, spices, flavorings, and colorings may, when authorized by the department, be designated as such without naming each; provided that, to the extent that compliance with the requirements of this paragraph is impracticable or results in deception or unfair competition, exemptions shall be established by rules promulgated by the department.

(10) It is represented as for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the department, after consultation with the United States Secretary of Agriculture, determines it to be, and by rule prescribes, as is necessary to fully inform consumers of its value for such uses.

(11) It bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless its label states that fact; provided that, to the extent that compliance with the requirements of this subsection is impracticable, exemptions may be established by rules promulgated by the department.

(12) It fails to bear, directly thereon or on its container, the inspection legend and, unrestricted by any other provisions of this section, such other information as the department may require to ensure that it shall not have false or misleading labeling and that the public shall be informed of the manner of handling required to maintain the article in a wholesome condition. History: § 46, ch. 90-321.

585.74 Grant of Inspection. ---

(1) Any person engaged in the preparation of any animal product within the state, except those establishments operating under inspection of the United States Department of Agriculture, shall first make application to the department for a Grant of Inspection to prepare, transport, or sell animal products at any place within the limits of the state.

(2) The department, on receipt of the application described in subsection (1), shall conduct a thorough investigation of the facility to determine the adequacy of the procedures in which animals are to be slaughtered and animal products prepared, and ensure that such procedures are conducted with acceptable standards for sanitation. If the establishment meets all of the requirements of the rules of the department, a numbered Grant of Inspection shall be issued to the person making application to the department for the establishment.

(3) No Grant of Inspection shall be issued for any establishment, except where meat inspection or poultry inspection is conducted under the supervision and authority of the department. History: § 47, ch. 90-321.

585.75 Inspection of animal products. ---

(1) The department shall conduct inspections of all animals, of all animal products, and of the sanitary conditions of all establishments in which animal products are prepared. Inspectors shall refuse to stamp, mark, tag, or label any animal product prepared in any establishment operating under the provision of this part, until the same shall have actually been inspected and found to be wholesome and safe for human consumption; and shall perform such other duties as are provided by this part and by rules promulgated by the department.

(2) The Grant of Inspection number shall be the establishment's official state number, and such number shall be used to identify all inspected and passed meat, meat byproducts, and meat food products or all poultry meat, poultry byproducts, and poultry food products inspected for wholesomeness that are prepared in such establishment. Such Grant of Inspection number may be suspended or revoked by the department at any time when the management of such establishment violates any statute or rule of the department affecting standard operating procedures and acceptable sanitary standards. Inspection may be withheld, in all or in part of an establishment, when deemed necessary by the department for specific violations. Such withheld inspection shall be continued until the violative condition has been abated by the management of the establishment to the full satisfaction of the department.

(3) Every meat carcass inspected and passed shall be branded with a brass stamp bearing the number of the establishment and the words "Florida Inspected and Passed" or such abbreviation as approved by the department.

(4) At all establishments within the state, there shall be inspection of animal products by the United States Department of Agriculture or the department. History: § 48, ch. 90-321.

585.76 Antemortem inspection. ---

(1) ANTEMORTEM INSPECTION OF ANIMALS, EXCEPT POULTRY. In order to safeguard the public health, the department shall conduct an antemortem inspection of all animals, except poultry, before each animal is slaughtered for food purposes.

(2) ANTEMORTEM INSPECTION OF POULTRY. In order to safeguard the public health, the department may, when deemed necessary, conduct an antemortem inspection of all poultry before the poultry is slaughtered for food purposes.

(3) FACILITIES; NOTIFICATION. Satisfactory facilities shall be provided for conducting such inspection and for separating any animal, including poultry, which is deemed unfit for immediate slaughter from the animals which pass inspection. If any owner or person in charge of an establishment is about to slaughter for food purposes any animal which the department believes may be affected with a dangerous disease condition, the department shall notify the owner or person in charge of the establishment to refrain from slaughtering the animal for food purposes until that animal is released and until the disposition of the animal is determined. History: § 49, ch. 90-321.

585.77 Postmortem inspection. ---

(1) POSTMORTEM INSPECTION OF ANIMALS, EXCEPT POULTRY. The department shall provide postmortem inspection of all animals, except poultry, slaughtered for food purposes in any establishment in the state operating under the provisions of this part. The head, tongue, tail, glands, viscera, and other parts and blood used in the preparation of meat, meat byproducts, or meat food products shall be retained in such manner as to preserve their identities until the postmortem examination has been completed. Carcasses and parts of such carcasses found to be sound, healthful, unadulterated, and wholesome after inspection, and otherwise fit for human food, shall be marked in the following manner: "Florida Inspected and Passed." This mark shall include the Grant of Inspection number of the establishment.

(2) POSTMORTEM INSPECTION OF POULTRY. The department shall provide postmortem inspection of all poultry slaughtered for food purposes in any establishment in the state operating under the provisions of this part. Carcasses and parts of such carcasses found to be sound, healthful, unadulterated, and wholesome after inspection, and otherwise fit for human food, shall be marked in the following manner: "Florida Inspected for Wholesomeness." This mark shall also include the Grant of Inspection number of the establishment.

(3) CONDEMNATION OF ANIMAL CARCASSES OR PARTS. Each animal carcass or part of such carcass of any animal, except poultry, which is found upon postmortem inspection to be unsound, unhealthful, adulterated, unwholesome, or otherwise unfit for human food shall be marked conspicuously by the inspector at the time of inspection with the words "Florida Inspected and Condemned." Such carcass or part of such carcass shall be made unfit for human consumption, under the supervision of the inspector, in a manner approved by the department. The department may remove inspectors from any such establishment which fails to make unfit for human consumption any such condemned carcass or part of such carcass. When deemed necessary, inspectors shall reinspect such carcass or part of such carcass to determine whether the same has adequately been made unfit for human consumption.

(4) CONDEMNATION OF POULTRY PRODUCTS OR BYPRODUCTS. All poultry byproducts, poultry meat and parts of such meat, and other poultry food products found to be adulterated shall be condemned and, if no appeal is taken from such determination of condemnation, be made unfit for human food purposes under the supervision of the department. Poultry byproducts, carcasses, parts, and products which may, by reprocessing, be made wholesome need not be condemned and made unfit and may be reprocessed under the supervision of the department. If an appeal is made of such determination, the poultry byproducts, carcasses, parts, or products shall be appropriately marked and segregated pending completion of an appeal inspection. If the determination of condemnation is sustained, the poultry byproducts, carcasses, parts, and products shall be made unfit for human consumption under the supervision of the department. History: § 50, ch. 90-321.

585.78 Inspection of prepared animal products. ---

(1) The provisions of this part shall apply to all animal products brought into any establishment operating under the provisions of this chapter. An inspection of the animal products shall be conducted before the products are allowed to enter into any area of the establishment wherein such products are to be prepared. The provisions of this part shall also apply to all products which, after having been issued from any establishment, shall be returned to the original owner or establishment or sent to any other establishment where such inspection is maintained. The department may limit the entry of animal products and other materials into any establishment at which inspection under this section is maintained, under such conditions as the department may prescribe by rule to ensure that allowing the entry of such into such establishment shall be consistent with the provisions of this part.

(2) For the purposes set forth in the provisions of this part, the department shall conduct an inspection of animal products prepared for intrastate commerce in any establishment operating under this chapter. All such products found to be fit for human consumption shall be marked, stamped, tagged, or labeled as "Inspected and Passed" for meat, meat byproducts, and meat food products and "Inspected for Wholesomeness" for poultry byproducts, poultry meat, and poultry food products. All such products found not to be fit for human consumption shall be marked, stamped, tagged, or labeled as "Inspected and Condemned." Such condemned products shall be treated by a method approved by the department. The department may suspend inspection at, and remove inspectors from, any establishment that fails to so condemn adulterated products or fails to so destroy condemned products. For purposes of inspection, inspectors shall have access to every part of an establishment at all times, by day or night, without regard to whether such establishment is operating. History: § 51, ch. 90-321.

585.79 Labeling of animal products. ---

(1) When any meat, meat byproduct, or meat food product that has been inspected as provided by this part and marked "Florida Inspected and Passed" is placed or packed in any container or covering in any establishment where inspection under the provisions of this part is maintained, the person preparing such meat, meat byproduct, or meat food product shall attach the required label to the container or covering under the supervision of an inspector. The label shall state that the contents thereof have been "Inspected and Passed" under the provisions of this part.

(2) When any poultry byproduct, poultry meat, or poultry food product that has been inspected as provided by this part and marked "Florida Inspected for Wholesomeness" is placed or packed in any container or covering in any establishment where inspection under the provisions of this part is maintained, the person preparing such poultry byproduct, poultry meat, or poultry food product shall attach the required label to the container or covering under the supervision of an inspector. The label shall state that the contents have been "Inspected for Wholesomeness" under the provisions of this part.

(3) No inspection of animal products deposited or enclosed in a container or covering in any establishment where inspection is maintained shall be deemed to be complete until such product has been sealed or enclosed in the container or covering under the supervision of an inspector. No such animal product shall be sold or offered for sale by any person in the state under any false or deceptive name. Established trademarks which are not false or deceptive, and which are approved by the department are permitted.

(4) Whenever the department determines such action is necessary for the protection of the public, it may prescribe:

(a) The styles and sizes of type to be used with respect to information required to be incorporated on labeling to avoid false or misleading labeling in marking or labeling any animal product subject to this part; and

(b) Definitions and standards of identity or composition of animal products subject to this part and standards of fill of containers for such products consistent with any such standards established under the Federal Food, Drug, and Cosmetic Act. If the department has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any product subject to this part is false or misleading in any particular, the department may direct that such use be withheld, unless the marking, labeling, or container is modified in such manner as the department may prescribe, so that it will not be false or misleading. History: § 52, ch. 90-321.

585.80 Prohibition on sale and transportation of animal products; 
penalty. ---

No person shall, with respect to any animal or any animal product:

(1) Slaughter any such animal or prepare any animal product which is capable of use as human food, at any establishment preparing animal products for intrastate commerce, except in compliance with the requirements of this part.

(2) Sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, any animal product which is capable of use as human food and which is adulterated or misbranded at the time of such sale, transportation, offering for sale or transportation, or receipt for transportation; or any animal product required to be inspected under this part, unless it has been so inspected and passed.

(3) Perform any act while animal products are being transported in intrastate commerce, or held for sale after such transportation, which has the effect of causing such products to become adulterated or misbranded.

(4) Any person who is convicted of a violation of this section is guilty of a misdemeanor of the first degree, punishable as provided in § 775.082 or § 775.083. History: § 53, ch. 90-321.

585.81 Unauthorized use or counterfeiting of official marks or labels. ---

(1) No person shall cast, print, lithograph, or otherwise make any device containing any official mark of inspection or simulation thereof, or any label bearing any such mark or simulation, or any form or simulation thereof, except as authorized by the department.

(2) No person shall:

(a) Forge any official device, mark, or label.

(b) Without authorization from the department, use any official device, mark, or label, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or label.

(c) Fail to use, detach, deface, or destroy any official device, mark, or label.

(d) Possess any official or counterfeit marking, stamping, or labeling device intended for use with or on any carcass or part, or product thereof.

(e) Represent that a product has been "Inspected and Passed" or "Inspected for Wholesomeness" or exempted, under this part when, in fact, it has, respectively, not been so "Inspected and Passed" or "Inspected for Wholesomeness" or exempted. History: § 54, ch. 90-321.

585.82 Sale and transportation of equine products. ---

No person shall sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, any carcasses of horses or mules, or other equines, or parts of such carcasses, or the meat, meat byproducts, or meat food products thereof, unless they are plainly and conspicuously marked or labeled or otherwise identified as required by rules prescribed by the department to show the kinds of animals from which they were derived. When required by the department, with respect to establishments at which inspection is maintained under this part, such animals and their carcasses, parts of such carcasses, meat, meat byproducts, and meat products shall be prepared in establishments separate from those in which cattle, sheep, swine, or goats are slaughtered or their carcasses, parts of carcasses, meat, meat byproducts, or meat products are prepared. History: § 55, ch. 90-321.

585.83 Duty of department to provide inspectors; overtime; gifts. ---

(1) The department shall provide inspection at each establishment within the state which is covered by the provisions of this part, at all times when such establishment is operating.

(2) Should any animal preparation, including slaughtering, be conducted at an establishment during hours considered overtime for state employees, or on legal holidays, then the owner or operator of such establishment shall, by contract or agreement, reimburse the department for the additional or overtime costs of salaries and expenses of the inspectors working during such overtime periods.

(3) It is unlawful for any representative of an establishment to give or offer to give, directly or indirectly, to any employee of the department, anything of value, monetary or otherwise, with intent to influence such employee in the discharge of his duties under the provisions of this part. History: § 56, ch. 90-321.

585.84 Suspension of inspection. ---

Every establishment in the state where animals are slaughtered or where animal products are prepared for intrastate commerce for human consumption shall be maintained and operated in a clean and sanitary manner, and inspection shall be conducted in accordance with the provisions of this part and the rules of the department. In the event that an establishment is not so maintained and operated, wherein animal products may become adulterated, the department may suspend inspection in any establishment operating under the provisions of [Footnote 1] this part. History: § 57, ch. 90-321. [Footnote 1] Note. The word "this" was substituted for the word "the" by the editors.

585.85 Prohibited transportation of certain animals and animal products. ---

(1) No person shall engage in the business of buying, selling, transporting, or receiving for transportation in intrastate commerce any dead, dying, disabled, or diseased animal, any product of an animal that died otherwise than by slaughter, or any inedible animal product that is capable of use as human food unless such animal product has been visibly denatured by an approved method such as dye, except in accordance with such rules as the department may prescribe to ensure that such animal product shall be prevented from being used for human food purposes. A person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in § 775.082 or § 775.083.

(2) It shall be unlawful for any person to sell or transport, offer for sale or transportation, or receive for transportation in intrastate commerce, undenatured pet food for human consumption. A person who violates this subsection commits a felony of the third degree, punishable as provided in § 775.082, § 775.083, or § 775.084.

(3) Pet food denatured pursuant to subsection (1) shall be sold in packages and bear a label as prescribed by rules of the department. History: § 58, ch. 90-321; § 8, ch. 91-294.

585.86 Proper storage of animal products. ---

The department shall prescribe conditions under which animal products intended for use as human food shall be stored or otherwise handled by any person engaged in the business of buying, selling, freezing, storing, or transporting animal products in or for intrastate commerce, whenever the department deems such action necessary to ensure that such products shall be wholesome and safe for human consumption and properly labeled. However, such rules shall not apply to the storage or handling at any retail store or other establishment as prescribed in rules of the department. History: § 59, ch. 90-321.

585.87 Duty to keep records. ---

(1) The following classes of persons shall keep such records as shall fully and correctly disclose all transactions involved in their businesses. All persons subject to such requirements shall, at all reasonable times, upon notice by a duly authorized representative of the department, afford such representative access to their places of business and opportunity to examine the facilities and inventory, and records thereof, to copy all such records, and to take reasonable samples of their inventory upon payment of the fair market value for such sample:

(a) Any person that engages in the business, in or for intrastate commerce, of slaughtering any animal, or preparing or labeling any animal product.

(b) Any person that engages in the business of buying or selling, as a meat broker, poultry broker, wholesaler, or otherwise, transporting in intrastate commerce, or storing, in or for intrastate commerce, any animal product.

(c) Any person that engages in business, in or for intrastate commerce, as a renderer, or engages in the business of buying, selling, or transporting, in intrastate commerce, any dead, dying, disabled, or diseased animal, or parts of the carcass of any animal that died otherwise than by slaughter.

(2) Any record required to be maintained by this section shall be maintained for such period of time as prescribed by rules of the department. History: § 60, ch. 90-321.

585.88 Exemptions. ---

(1) The provision of this part requiring inspection of the slaughter of animals and the preparation of animal products at establishments conducting such operations for intrastate commerce shall not apply to:

(a) The slaughtering by any person of animals which he has raised, and his preparation and transportation of the product of such animals for his exclusive use, as well as for the use of the members of his household and nonpaying guests and employees.

(b) The custom slaughter by any person of animals delivered by the owner, and the preparation by the slaughterer and transportation of the product of such animals, for the exclusive use of the owner and members of his household and nonpaying guests and employees.

(c) The custom preparation by any person of animal products derived from the slaughter by any person of animals which he has raised, or from game animals, delivered by the owner for such custom preparation, and transportation of such custom-prepared products, exclusively for use by the owner and members of his household and nonpaying guests and employees. All such custom slaughtering or custom processing as provided for in paragraph (b) or this paragraph shall operate under department supervision pursuant to § 585.91. The operations at any officially inspected or custom establishment shall be exempt from the inspection requirements which the department is hereby authorized to promulgate to ensure that any animal products, wherever handled on a custom basis, or any containers or packages containing such products, are separated at all times from products prepared for sale, and that all such products prepared on a custom basis, or any containers or packages containing such products, are plainly marked "Not For Sale" immediately after being prepared, and kept so identified until delivered to the owner.

(d) Operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant, or similar retail-type establishment, for sale in normal retail quantities or service of such products to consumers at such establishments. For the purpose of this paragraph, operations conducted at a restaurant central kitchen facility shall be considered as being conducted at a restaurant, if the restaurant central kitchen prepares products that are ready to eat when they leave such facility and are served in meals or as entrees only to customers at restaurants owned or operated by the same person owning or operating the central kitchen facility.

(2) The department may refuse, withdraw, or modify an exemption under this section in its discretion whenever the department determines that such action is necessary to effectuate the purposes of this part.

(3) The adulteration and misbranding provisions of this part, other than the requirements of the inspection legend, shall apply to products which are exempted from inspection or not required to be inspected under this section. History: § 61, ch. 90-321.

585.89 Beef and pork; prohibition on purchase; bid specifications; penalty. ---

(1) Fresh or frozen beef or pork which has not been inspected by the United States Department of Agriculture or the Florida Department of Agriculture and Consumer Services shall not be purchased, or caused to be purchased, by any agency of the state or of any municipality, political subdivision, school district, or special district for consumption in this state or for distribution for consumption in this state. Bid invitations issued by any agency of the state or of any municipality, political subdivision, school district, or special district for the purchase of fresh or frozen beef or pork shall specify that only beef or pork inspected and passed by either the Florida Department of Agriculture and Consumer Services or the United States Department of Agriculture will be accepted. The supplier or vendor shall certify on the invoice that the fresh or frozen beef or pork or imported beef or pork supplied is either domestic or complies with the provisions of this subsection.

(2) All bid invitations for purchase of fresh or frozen meats of any kind by any agency of the state or of any municipality, political subdivision, school district, or special district using state or local funds shall include the words: " All American' and Genuine Florida' meats or meat products shall be granted preference as allowed by Section 287.082, Florida Statutes."

(3) Any person who knowingly violates or causes to be violated the provisions of this section shall be personally liable to the affected public agency for any funds spent in violation of the provisions of this section. History: § 1, ch. 77-61; § 1, ch. 78-71; § 2, ch. 87-400; § 62, ch. 90-321. Note. Former § 585.3401.

585.90 Inspections, stop-sale orders, condemnation, and destruction of animal products. ---

(1) The department shall have free access at all reasonable hours to inspect and investigate animal products; any establishment used to prepare, store, or sell animal products; or any vehicle used to transport or hold animal products to determine compliance with the provisions of this chapter and rules of the department.

(2) When the department finds or has reason to believe that any animal product is in violation of any of the provisions of this chapter or rules of the department, it may issue and enforce a stop-sale order. This order gives notice that the product is or is believed to be in violation; has been detained; and warns all persons not to remove, use, or dispose of such product by sale or otherwise by penalty of law until permission for removal, use, or disposal is granted by the department.

(3) When an animal product has been detained under the provisions of subsection (2), the department may, within a reasonable period of time, petition the circuit court for an order of condemnation of the product. When the department is satisfied that compliance with this chapter has been effected, it shall issue a written release notice to the owner or custodian of the product.

(4) If the court finds that the detained animal product is in violation of any of the provisions of this chapter, the product shall, after entry of the decree, be destroyed at the expense of the claimant under the supervision of the department. All court costs, fees, storage, and other proper expenses shall be levied against the claimant of such product or his agent. However, when the violation can be corrected by proper labeling of the product and after costs, fees, and expenses have been paid, the court may order that the product be delivered to the claimant for proper labeling under the supervision of the department. The expense of the supervision shall be paid by the claimant.

(5) The department shall condemn or destroy any animal product which is misbranded, adulterated, or unwholesome. History: § 63, ch. 90-321; § 33, ch. 92-180.

585.902 Causes for seizure and condemnation of animal products. ---

Any animal product that is adulterated, misbranded, or unwholesome under the provisions of this chapter or rules of the department is subject to seizure and condemnation by the department. History: § 34, ch. 92-180.

585.903 Seizure of animal products; procedures; penalties. ---

(1) Whenever an agent of the department believes that cause exists for the seizure of any animal product as set out in this chapter, the agent shall affix to the product a tag, stamp, or other appropriate marking giving notice that the product has been detained and seized by the department. The agent shall also warn all persons not to remove or dispose of the product by sale or otherwise, until written permission from the department or a court of competent jurisdiction is given.

(2) Any person convicted of a violation of subsection (1) commits a misdemeanor of the first degree, punishable as provided in § 775.082 or § 775.083. In addition, any person who violates any of the provisions of this section is subject to a suspension or revocation of any permit under this chapter. The department may, in lieu of or in addition to the suspension or revocation, impose a fine not to exceed $1,000 per occurrence on the violator. All fines collected shall be deposited in the General Inspection Trust Fund. History: §  35, ch. 92-180.

585.904 Condemnation, sale, or release of seized animal products. ---

(1) When any animal product is detained or seized under § 585.903, the department may petition a court for an order of condemnation or sale, as the court may direct. The proceeds of the sale of the product less the legal costs and charges shall be deposited in the General Inspection Trust Fund.

(2) Upon the payment of the costs incurred in the condemnation proceeding, the department may order that the product be delivered to the owner instead of being condemned or sold.

(3) If the department finds that any animal product seized under the provisions of § 585.903 was not subject to such seizure, the department shall remove the tag or marking. History: § 36, ch. 92-180.

585.91 Regulation of custom slaughterers and processors; permits. ---

(1) Custom slaughterers or processors shall operate under department supervision. Each such custom slaughtering or processing establishment shall be maintained in a proper sanitary condition wherein animal products shall be produced in a wholesome manner, as required by the regulations of the United States Department of Agriculture adopted as rules of the department.

(2) Any person operating under the provisions of this section shall obtain a custom slaughtering or processing establishment permit from the department before engaging in the business of slaughtering animals or the preparation of animal products. Said permit shall be issued upon application to the department on forms furnished by the department and upon conditions prescribed by the department. The department may suspend any permit issued under this section upon violation of any applicable rule by the establishment. The holder of the permit so suspended may at any time apply for the reinstatement of such permit, and the department shall immediately reinstate such permit if it is found upon inspection that adequate measures have been taken to comply with the rules of the department. History: § 1, ch. 73-56; § 6, ch. 78-95; § 64, ch. 90-321. Note. Former § 585.343.

585.92 All American and Genuine Florida meat or meat products. ---

Each slaughterhouse or meatpacking or processing plant in the state or other person vending any meat or meat product, the meat of which is entirely produced in the United States, may label such meat or meat product "All American", and any such vendor selling any such meat or meat product, the meat of which is entirely produced in the state, may label such meat or meat product "Genuine Florida". History: § 3, ch. 87-400; § 65, ch. 90-321. Note. Former § 585.3403.

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