500.93 Mislabeling of plant-based products as milk, meat, or poultry.
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/fl/title-xxxiii/chapter-500/500-93·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)As used in this section, the term:
(a)“Egg” or “egg product” has the same meaning as in 21 U.S.C. s. 1033 and the Egg Products Inspection Act.
(b)“FDA” means the United States Food and Drug Administration.
(c)“Meat” has the same meaning as in 9 C.F.R. s. 301.2 and the Federal Meat Inspection Act.
(d)“Milk” has the same meaning as in 21 C.F.R. s. 131.110 and the Grade “A” pasteurized milk ordinance.
(e)“Poultry” or “poultry product” has the same meaning as in 9 C.F.R. s. 381.1 and the Poultry Products Inspection Act.
(2)(a) In accordance with the established standard of identity for milk defined in 21 C.F.R. s. 131.110 and the Grade “A” pasteurized milk ordinance, the department shall adopt rules to enforce the FDA’s standard of identity for milk, as adopted in state law, to prohibit the sale of plant-based products mislabeled as milk in this state.
(b)This subsection is effective upon the enactment into law of a mandatory labeling requirement to prohibit the sale of plant-based products mislabeled as milk that is consistent with this section by any 11 of the group of 14 states composed of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia.
(3)(a) In accordance with the established standard of identity for meat defined in 9 C.F.R. s. 301.2 and the Federal Meat Inspection Act, and both poultry and poultry products defined in 9 C.F.R. s. 381.1 and the Poultry Products Inspection Act, the department shall adopt rules to enforce the FDA’s standard of identity for meat, poultry, and poultry products as adopted in this section, to prohibit the sale of plant-based products mislabeled as meat, poultry, or poultry products in this state.
(b)This subsection is effective upon the enactment into law of a mandatory labeling requirement to prohibit the sale of plant-based products mislabeled as meat, poultry, or poultry products which is consistent with this section by any 11 of the group of 14 states composed of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia.
(4)(a) In accordance with the established standard of identity for eggs and egg products as defined in 21 U.S.C. s. 1033 and the Egg Products Inspection Act, the department shall adopt rules to enforce the FDA’s standard of identity for eggs and egg products, as adopted in state law, to prohibit the sale of plant-based products mislabeled as egg or egg products in this state.
(b)This subsection is effective upon the enactment into law of a mandatory labeling requirement to prohibit the sale of plant-based products mislabeled as egg or egg products that is consistent with this section by any 11 of the group of 14 states composed of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia.
(5)The Department of Agriculture and Consumer Services shall notify the Division of Law Revision upon the enactment into law by any 11 of the group of 14 states composed of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia of the mandatory labeling requirements pursuant to subsections
(2)and (3).
(6)The department shall adopt rules to implement this section.
(7)This section may not be construed to limit the department’s authority to enforce laws and regulations.