1997 Florida Code
TITLE XXXV AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY
Chapter 570 Department Of Agriculture And Consumer Services  
570.55   Identification of sellers or handlers of avocados, mangoes, limes, or tomatoes; penalties.

570.55  Identification of sellers or handlers of avocados, mangoes, limes, or tomatoes; penalties.--

(1)  SHORT TITLE.--This section may be known and cited as the "Florida Avocado, Mango, Lime, and Tomato Sales Law."

(2)  ENFORCEMENT AGENCY.--This section shall be administered by the Office of Agricultural Law Enforcement and may be enforced by any law enforcement officer as defined in chapter 943.

(3)  DEFINITIONS.--As used in this section:

(a)  "Avocados" means all varieties and types of avocados, Persea americana.

(b)  "Department" means the Department of Agriculture and Consumer Services.

(c)  "Distribute" means to engage in the business of selling, marketing, or distributing, in the primary channel of trade, avocados, mangoes, limes, or tomatoes produced, purchased, or acquired from a producer, or being marketed on behalf of a producer, whether by the owner, agent, employee, broker, or otherwise, but shall not include such activity by a person engaged in the business of retailing.

(d)  "Handle" means to produce, distribute, retail, or transport avocados, mangoes, limes, or tomatoes in the primary channel of trade.

(e)  "Handler" means any person engaged in growing, distributing, retailing, or transporting avocados, mangoes, limes, or tomatoes in the primary channel of trade.

(f)  "Inspector" means an inspector or agent of the department.

(g)  "Limes" means all varieties and types of limes, Citrus aurantifolia or Citrus latifolia.

(h)  "Mangoes" means all varieties of mangoes, Mangifera indica.

(i)  "Primary channel of trade" means that period of time when avocados, mangoes, limes, or tomatoes are cut, gathered from the ground, or otherwise harvested for commercial purposes. However, these commodities shall cease to be in the "primary channel of trade" if and when they leave intrastate commerce.

(j)  "Retail" means to engage in the business of purchasing or acquiring avocados, mangoes, limes, or tomatoes for resale at retail to the general public, but does not include such activity by a person engaged in the business of distributing.

(k)  "Tomatoes" means all varieties of the edible fruit, Lycopersicon esculentum.

(4)  IDENTIFICATION OF HANDLER.--At the time of each transaction involving the handling or sale of 55 pounds or more of avocados, mangoes, limes, or tomatoes in the primary channel of trade, the buyer or receiver of the avocados, mangoes, limes, or tomatoes shall demand a bill of sale, invoice, sales memorandum, or other document listing the date of the transaction, the quantity of the avocados, mangoes, limes, or tomatoes involved in the transaction, and the identification of the seller or handler as it appears on the driver's license of the seller or handler, including the driver's license number. If the seller or handler does not possess a driver's license, the buyer or receiver shall use any other acceptable means of identification, i.e., voter's registration card and number, draft card, social security card, or other identification. However, no less than two identification documents shall be used. The identification of the seller or handler shall be recorded on the bill of sale, sales memorandum, invoice, or voucher, which shall be retained by the buyer or receiver for a period of not less than 1 year from the date of the transaction.

(5)  CONFISCATION.--When any person is in violation of subsection (4), an inspector or any law enforcement officer as defined in chapter 943 shall confiscate any and all avocados, mangoes, limes, or tomatoes in the possession of that person.

(6)  PENALTY.--In addition to confiscation of avocados, mangoes, limes, or tomatoes as provided in subsection (5), whoever knowingly, willfully, and intentionally violates the provisions of subsection (4) shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--ss. 1, 2, 3, 4, 5, 6, ch. 73-77; s. 1, ch. 75-267; s. 5, ch. 92-290; s. 42, ch. 92-291; s. 34, ch. 93-169.