Florida 2025 Regular Session

Florida House Bill H1147 Compare Versions

Only one version of the bill is available at this time.
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1010 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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1414 A bill to be entitled 1
1515 An act relating to country of origin for wild and 2
1616 farm-raised fish; amending s. 500.11, F.S.; providing 3
1717 that wild and farm-raised fish are considered 4
1818 misbranded under certain circumstances; creating s. 5
1919 500.601, F.S.; requiring the Commissioner of 6
2020 Agriculture and Consumer Services to establish the 7
2121 Florida Wild Fish and Seafood Certification Program; 8
2222 providing commissioner and Department of Agriculture 9
2323 and Consumer Services duties; providing program 10
2424 requirements for fishermen, seafood dealers, and wild 11
2525 fish and seafood products; creating s. 500.65, F.S.; 12
2626 requiring food establishments selling wild or farm -13
2727 raised fish to provide specified information relating 14
2828 to the fish on a sign; providing requirements for the 15
2929 sign; defining the term "wild or farm -raised fish"; 16
3030 creating s. 509.1011, F.S.; requiring public food 17
3131 service establishments selling wild or farm -raised 18
3232 fish to publish specified information relating to the 19
3333 fish through certain means; providing requirements for 20
3434 publishing such information; providing applicability; 21
3535 defining the term "wild or farm -raised fish"; amending 22
3636 s. 509.292, F.S.; providing penalties for mislabeled 23
3737 wild and farm-raised fish; providing an eff ective 24
3838 date. 25
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4747 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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5252 Be It Enacted by the Legislature of the State of Florida: 27
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5454 Section 1. Paragraph (q) is added to subsection (1) of 29
5555 section 500.11, Florida Statutes, to read: 30
5656 500.11 Food deemed misbranded. — 31
5757 (1) A food is deemed to be misbranded: 32
5858 (q) If it is wild or farm -raised fish not labeled in 33
5959 accordance with s. 500.65. 34
6060 Section 2. Section 500.601, Florida Statutes, is created 35
6161 to read: 36
6262 500.601 Florida Wild Fish and Seafood Certification 37
6363 Program.— 38
6464 (1)(a) The Commissioner of Agriculture a nd Consumer 39
6565 Services shall establish the Florida Wild Fish and Seafood 40
6666 Certification Program. The program shall establish a quality 41
6767 certification program for Florida wild fish and seafood 42
6868 products, including wild -caught shrimp, which are taken, 43
6969 harvested, or landed in this state. The Department of 44
7070 Agriculture and Consumer Services shall adopt rules to establish 45
7171 the program and program standards. The standards must include, 46
7272 but are not limited to: 47
7373 1. Harvest requirements. 48
7474 2. Compliance standards. 49
7575 3. Packaging requirements. 50
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8484 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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8888 4. Certification protocols. 51
8989 (b) The commissioner may consult with the Department of 52
9090 Health, state universities, and other state or federal agencies 53
9191 deemed appropriate, when establishing regulatory authority over 54
9292 and requirements for the program. 55
9393 (2) All wild fish and seafood products intended to be 56
9494 certified and marketed as Florida wild fish or Florida wild 57
9595 seafood product must meet all criteria and requirements 58
9696 established in rule by the department. Any fish or seafood 59
9797 product sold or attempted to be sold under the program that 60
9898 fails to meet the requirements of the program must be 61
9999 immediately removed from the market and disposed of, as 62
100100 prescribed by department rule. 63
101101 (3) Any fisherman or seafood dealer who wishes to 64
102102 participate in the program shall apply to the department, in a 65
103103 manner prescribed by the department, to be issued a 66
104104 participation permit. The permit may be suspended or revoked by 67
105105 the department for a violation of the requirements of the 68
106106 program. Any holder of a permi t who harvests or markets wild 69
107107 fish or wild seafood products in accordance with the program may 70
108108 market the wild fish or wild seafood products as Florida wild 71
109109 fish and Florida wild seafood products. 72
110110 Section 3. Section 500.65, Florida Statutes, is create d to 73
111111 read: 74
112112 500.65 Labeling of wild and farm -raised fish.— 75
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121121 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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125125 (1) Each food establishment selling wild or farm -raised 76
126126 fish that originated outside of the United States shall provide 77
127127 whether the fish is wild or farm -raised and the country of 78
128128 origin for such fish or denote that such fish is imported in 79
129129 letters no smaller than the same size, font, and shade as the 80
130130 fish being offered is listed, by means of a label, stamp, mark, 81
131131 placard, or other visible sign on the package, display, holding 82
132132 unit, or bin contain ing the fish at the final point of sale or 83
133133 by posting a sign stating such information. The sign must be at 84
134134 least 8.5 inches wide by 11 inches tall and placed not less than 85
135135 36 inches from the floor located in a conspicuous location where 86
136136 the fish is held for offer using English letters not less than 1 87
137137 inch in size. 88
138138 (2) For purposes of this section, the term "wild or farm -89
139139 raised fish" includes fish and shrimp. The term does not include 90
140140 crabs, lobsters, oysters, crayfish, clams, or scallops. 91
141141 Section 4. Section 509.1011, Florida Statutes, is created 92
142142 to read: 93
143143 509.1011 Labeling of wild and farm -raised fish.— 94
144144 (1) Each public food service establishment selling wild or 95
145145 farm-raised fish that originated outside of the United States 96
146146 shall provide the country of origin for such fish and: 97
147147 (a) Display on its menus the country of origin of the fish 98
148148 and whether the fish is wild or farm -raised in letters no 99
149149 smaller than the same size, font, and shade as the wild or farm -100
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158158 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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162162 raised fish being sold is listed, immediatel y adjacent to the 101
163163 menu listing; 102
164164 (b) Affix to its menus a piece of paper with the country 103
165165 of origin of the fish and whether the fish is wild or farm -104
166166 raised in letters no smaller than the same size, font, and shade 105
167167 as the wild or farm-raised fish being sol d is listed; or 106
168168 (c) Post a sign stating the country of origin for the fish 107
169169 and whether the fish is wild or farm -raised. The sign must be at 108
170170 least 8.5 inches wide and 11 inches tall and placed not less 109
171171 than 36 inches from the floor and be located in a con spicuous 110
172172 location where the fish is held for sale using English letters 111
173173 not less than one inch in size. 112
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175175 The requirements of this subsection apply to any dish served by 114
176176 a public food service establishment that contains any wild or 115
177177 farm-raised fish that originated outside of the United States . 116
178178 (2) For purposes of this section, the term "wild or farm -117
179179 raised fish" includes fish and shrimp. The term does not include 118
180180 crabs, lobsters, oysters, crayfish, clams, or scallops. 119
181181 Section 5. Paragraph (d) is added to subsection (1) of 120
182182 section 509.292, Florida Statutes, to read: 121
183183 509.292 Misrepresenting food or food product; penalty. — 122
184184 (1) An operator may not knowingly and willfully 123
185185 misrepresent the identity of any food or food product to any of 124
186186 the patrons of such establishment. The identity of food or a 125
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195195 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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199199 food product is misrepresented if: 126
200200 (d) For wild or farm -raised fish, the wild or farm -raised 127
201201 fish is not labeled in accordance with s. 509.1011. 128
202202 Section 6. This act shall take effect July 1, 2025. 129