Bill Text: FL S1758 | 2011 | Regular Session | Introduced

Florida Senate Bill 1758 (Prior Session Legislation)

Introduced

Bill Title: Frozen Desserts

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-03-16 - Withdrawn from Agriculture; Community Affairs; Budget -SJ 232 [S1758 Detail]

Download: Florida-2011-S1758-Introduced.html

       Florida Senate - 2011                                    SB 1758
       
       
       
       By Senator Bogdanoff
       
       
       
       
       25-01545-11                                           20111758__
    1                        A bill to be entitled                      
    2         An act relating to frozen desserts; repealing chapter
    3         503, F.S., relating to the state’s regulation of
    4         frozen desserts, enforcement and penalties for
    5         violations of such regulations, licensure of frozen
    6         dessert plants, and preemption of municipal and county
    7         regulations of frozen desserts; amending ss. 381.0014,
    8         570.07, 570.40, 570.41, 570.50, and 570.51, F.S.; to
    9         conform; providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Chapter 503, Florida Statutes, consisting of
   14  sections 503.011, 503.021, 503.031, 503.041, 503.0415, 503.051,
   15  503.071, 503.081, and 503.091, is repealed.
   16         Section 2. Section 381.0014, Florida Statutes, is amended
   17  to read:
   18         381.0014 Regulations and ordinances superseded.—The rules
   19  adopted by the department under the provisions of this chapter
   20  shall, as to matters of public health, supersede all rules
   21  enacted by other state departments, boards or commissions, or
   22  ordinances and regulations enacted by municipalities, except
   23  that this chapter does not alter or supersede any of the
   24  provisions set forth in chapter chapters 502 and 503 or any rule
   25  adopted under the authority of that chapter those chapters.
   26         Section 3. Paragraph (m) of subsection (16) and subsection
   27  (19) of section 570.07, Florida Statutes, are amended to read:
   28         570.07 Department of Agriculture and Consumer Services;
   29  functions, powers, and duties.—The department shall have and
   30  exercise the following functions, powers, and duties:
   31         (16) To enforce the state laws and rules relating to:
   32         (m) Administration and enforcement of all regulatory
   33  legislation applying to milk, and milk products, and ice cream,
   34  and frozen desserts;
   35  
   36  In order to ensure uniform health and safety standards, the
   37  adoption of standards and fines in the subject areas of
   38  paragraphs (a)-(n) is expressly preempted to the state and the
   39  department. Any local government enforcing the subject areas of
   40  paragraphs (a)-(n) must use the standards and fines set forth in
   41  the pertinent statutes or any rules adopted by the department
   42  pursuant to those statutes.
   43         (19) To protect the dairy interests of the state; and, to
   44  that end, it shall enforce those functions, powers, and duties
   45  given to it in chapter chapters 502 and 503.
   46         Section 4. Subsection (2) of section 570.40, Florida
   47  Statutes, is amended to read:
   48         570.40 Division of Dairy Industry; powers and duties.—The
   49  duties of the Division of Dairy Industry include, but are not
   50  limited to:
   51         (2) Inspecting milk plants and, milk product plants, and
   52  plants engaged in the manufacture and distribution of frozen
   53  desserts and frozen desserts mix; analyzing and testing samples
   54  of milk and, milk products, frozen desserts, and frozen desserts
   55  mix collected by it; and enforcing those provisions of chapter
   56  chapters 502 and 503 as are authorized by the department.
   57         Section 5. Subsection (2) of section 570.41, Florida
   58  Statutes, is amended to read:
   59         570.41 Director; qualifications; duties.—
   60         (2) The director shall supervise, direct, and coordinate
   61  the activities of the division and shall, under the direction of
   62  the commissioner, enforce the provisions of chapter chapters 502
   63  and 503.
   64         Section 6. Subsections (2) and (3) of section 570.50,
   65  Florida Statutes, are amended to read:
   66         570.50 Division of Food Safety; powers and duties.—The
   67  duties of the Division of Food Safety include, but are not
   68  limited to:
   69         (2) Conducting those general inspection activities relating
   70  to food and food products being processed, held, or offered for
   71  sale in this state and enforcing those provisions of chapters
   72  500, 501, 502, 503, 531, 583, 585, 586, and 601 relating to
   73  foods as authorized by the department.
   74         (3) Analyzing samples of foods offered for sale in this
   75  state as required under chapters 500, 501, 502, 503, 585, 586,
   76  and 601.
   77         Section 7. Subsection (2) of section 570.51, Florida
   78  Statutes, is amended to read:
   79         570.51 Director; qualifications; duties.—
   80         (2) The director shall supervise, direct, and coordinate
   81  the activities of the division and enforce the provisions of
   82  chapters 500, 501, 502, 503, 531, 583, 585, and 601 and any
   83  other chapter necessary to carry out the responsibilities of the
   84  division.
   85         Section 8. This act shall take effect July 1, 2011.