Section 5K-4.025 - Foreign Produce Labeling(1) Definitions.(a) "Department" means the State of Florida Department of Agriculture and Consumer Services.(b) "Produce" shall mean fresh fruits and vegetables.(c) "Produced in any country other than the United States" means grown and harvested outside of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands and Guam. Foreign grown fresh fruits and vegetables packed or repacked within the United States, as above defined, are not "produced" in the United States and subject to the labeling requirements specified herein.(d) "Retail vendor" means any person, firm, or corporation owning or operating any grocery store, fruit and vegetable market, food warehouse, refrigerated storage facility, freezer locker and any other place storing or offering food for sale directly to the consuming public.(e) "Ultimate purchaser" is the consumer purchasing for use and not resale.(2) Foreign Label Markings Required. Fresh fruits and vegetables, bee pollen and honey produced in a country other than the United States and offered for retail sale in Florida, shall not be deemed to be misbranded if labeled in one of the following ways: (a) Each fruit or vegetable may be individually marked showing country of origin. The marking shall be conspicuously placed and shall be as legible, indelible and permanent as the nature of the product will permit. The markings shall in no way cause adulteration of the fruit or vegetable so marked. Markings may be applied prior to or after delivery into Florida.(b) If produce is packed in consumer units, each unit may show the required country of origin information. In this instance, the individual fruit or vegetable in the packaged unit need not be labeled. Banana clusters shall be considered a consumer unit. Labeling on packages of bee pollen or packages of honey, including any package containing foreign honey blended with domestic honey, shall show the country of origin.(c) Fresh fruits and vegetables not labeled in accordance with paragraph (a) or (b) of this subsection may be sold at retail providing the country of origin is indicated to the ultimate purchaser by a bin label or placard placed contiguous to the fruits or vegetables being displayed for retail sale. The wording for the bin labels or placards shall be prominent, conspicuous and in terms likely to be easily read and understood by the ultimate purchaser.(d) Produce displayed in the original master or shipping container, which conspicuously identifies to the ultimate purchaser the country of origin, will be deemed to satisfy the labeling requirements stipulated in Section 500.11(1)(l), F.S.(3) Enforcement - Inspection of Shipments. (a) The Department shall be responsible for enforcement of the labeling requirements herein, inspection of incoming shipments, and inspection of the storage or holding of fresh fruits and vegetables in the manner provided in Section 570.15, F.S., as amended by Chapter 79-587, Laws of Florida.(b) If any inspector of the Department determines that any fresh fruits and vegetables entering Florida are: (a) produced in any country other than the United States, and(b) are not marked as required by Section 504.012, F.S., then the inspector may mark the invoice or manifest for that produce in a bold and legible manner substantially as follows: "This produce is not labeled in the manner required by Section 504.012, F.S., and shall not be offered for retail sale in Florida unless otherwise labeled in such a manner as to indicate to an ultimate purchaser the country of origin."
All copies of the invoice or manifest shall be so marked and the Department shall be notified of such action.
(c) The Department shall record the pertinent information on all shipments of unmarked foreign produce, which shall include the destination and consignee of the shipment, the type and quantity of produce, and the identification of the vehicle or vessel used in the transportation of such produce. This information shall be compiled by the Department and made available to any party requesting it.(d) In the event that any inspector of the Department determines that such fruit not properly marked is offered for sale by any retail vendor, he shall immediately report such fact to the Department. This information shall be compiled by the Department and made available to any party requesting it.(4) Retail Vendors - Compliance. In the event that any inspector of the Department determines that fruits and vegetables are not properly marked as described in subsection 5K-4.025(2), F.A.C., and are offered for sale by any retail vendor, the Department shall immediately initiate the regulatory measures provided in Sections 500.12, 500.121, 500.172, and 500.305, F.S.Fla. Admin. Code Ann. R. 5K-4.025
Rulemaking Authority 570.07(16), (23), (24) FS. Law Implemented 570.07(7), (16), 570.15, 504.012, 504.014, 500.11(1)(l), 500.171, 500.172, 500.179 FS.