Florida 2023 Regular Session

Florida House Bill H0399 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to food recovery; amending s. 595.420, 2
16	16	F.S.; providing definitions; directing the Department 3
17	17	of Agriculture and Consumer Services, subject to 4
18	18	legislative appropriation, to implement a pilot 5
19	19	program to provide incentives to agricultural 6
20	20	companies to sell fresh food products to food recovery 7
21	21	entities; authorizing food recovery entities to 8
22	22	negotiate the price for fresh food products and 9
23	23	reimburse agricultural companies for certain costs; 10
24	24	providing shipping requirements; requiring the 11
25	25	department to reimburse food recovery entities for 12
26	26	certain costs; providing reimbursement invoice 13
27	27	requirements; requiring the department to submit a 14
28	28	report to the Governor and Legislature by a specified 15
29	29	date and to adopt rules; providing an effective date. 16
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31	31	Be It Enacted by the Legislature of the State of Florida: 18
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33	33	Section 1. Subsection (8) is added to section 595.420, 20
34	34	Florida Statutes, to read: 21
35	35	595.420 Food recovery; legislative intent; department 22
36	36	functions.— 23
37	37	(8)(a) As used in this subsection, the term: 24
38	38	1. "Agricultural company" means a fresh food products 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	producer in the state that uses a licensed shipping facility. 26
52	52	2. "Food recovery entity" means a nonp rofit association 27
53	53	engaged in food recovery and distribution that has been in 28
54	54	operation in the state for at least 10 years and has received a 29
55	55	minimum of 10 million pounds of perishable fresh food products 30
56	56	annually for at least 3 years. 31
57	57	3. "Fresh food prod ucts" means high-quality, United States 32
58	58	Department of Agriculture grade 1 standard fresh fruits, 33
59	59	vegetables, proteins, and dairy produced by an agricultural 34
60	60	company. 35
61	61	4. "Harvest ship window" means the number of days within 36
62	62	which a fresh food product can be shipped after harvest and meet 37
63	63	the United States Department of Agriculture grade 1 standard. 38
64	64	(b) Subject to legislative appropriation, the department 39
65	65	shall implement a pilot program to provide incentives to 40
66	66	agricultural companies to sell fresh food pr oducts to food 41
67	67	recovery entities. The goal of the pilot program is to have 100 42
68	68	million pounds of fresh food products sold to food recovery 43
69	69	entities annually. 44
70	70	(c)1. To provide an incentive to agricultural companies to 45
71	71	sell fresh food products to food reco very entities at a 46
72	72	discounted price, a food recovery entity may negotiate the price 47
73	73	per box or pound for fresh food products and reimburse an 48
74	74	agricultural company for all or part of the costs relating to 49
75	75	harvesting, precooling, packaging, and delivering fr esh food 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	products from the farm to the licensed shipping facility . The 51
89	89	fresh food products must meet the United States Department of 52
90	90	Agriculture grade 1 standard and must be shipped within the 53
91	91	harvest ship window. 54
92	92	2. The harvest ship window for fresh food products is 7 55
93	93	days unless the food recovery entity chooses to extend the 56
94	94	window for a specific fresh food product on a case -by-case 57
95	95	basis. The harvest ship window may be extended by the food 58
96	96	recovery entity based on the expected shelf life of a particula r 59
97	97	fresh food product as long as the extended window will not 60
98	98	affect the United States Department of Agriculture grade 1 61
99	99	standard for shipping the product. The food recovery entity must 62
100	100	provide notice of an approved extended harvest ship window to 63
101	101	the agricultural company in writing, which may be delivered by 64
102	102	e-mail. 65
103	103	3. The invoice provided by the agricultural company or the 66
104	104	licensed shipping facility must include all of the following 67
105	105	information: 68
106	106	a. A signed statement that the fresh food products shipped 69
107	107	to the food recovery entity meet the harvest ship window. 70
108	108	b. Any written approval by the food recovery entity to 71
109	109	extend the harvest ship window. 72
110	110	c. The shipment order number. 73
111	111	d. The harvest and shipment dates for each fresh food 74
112	112	product. 75
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125	125	4. The agricultural company or the licensed shipping 76
126	126	facility must maintain records of fresh food product shipments 77
127	127	to food recovery entities under the pilot program for 2 years 78
128	128	after the shipment date. 79
129	129	5. Fresh food products from an agricultural company or 80
130	130	licensed shipping facility may be shipped to a food recovery 81
131	131	entity in packaged food boxes or bulk shipments and distributed 82
132	132	by the food recovery entity in boxes or in bulk as deemed 83
133	133	practical for food safety and packaging. 84
134	134	(e) The department shall re imburse food recovery entities 85
135	135	on a dollar-for-dollar basis for the purchase of discounted 86
136	136	fresh food products from agricultural companies plus a 10 cents 87
137	137	per box distribution reimbursement. To receive the 88
138	138	reimbursements, a food recovery entity must submit an invoice as 89
139	139	prescribed by the department, which includes, at a minimum, the 90
140	140	following information: 91
141	141	1. Name and city of the agricultural company. 92
142	142	2. Name and city of the licensed shipping facility. 93
143	143	3. Shipment date. 94
144	144	4. Date the shipment was recei ved. 95
145	145	5. Harvest date for each fresh food product. 96
146	146	6. Packaging type and size used for each fresh food 97
147	147	product. 98
148	148	7. Total units or pounds for each fresh food product. 99
149	149	8. Total price per box or pound for each fresh food 100
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162	162	product. 101
163	163	9. Total invoice pri ce paid. 102
164	164	(f) The department shall submit a report on the pilot 103
165	165	program, including recommendations for legislation, to the 104
166	166	Governor, the President of the Senate, and the Speaker of the 105
167	167	House of Representatives by January 1, 2024. 106
168	168	(g) The department shal l adopt rules to implement this 107
169	169	subsection. 108
170	170	Section 2. This act shall take effect July 1, 2023. 109