Florida Statutes Title XXXV Chapter 601 - Florida Citrus Code

• 601.01 - Short Title.
  This chapter may be cited as the “Florida Citrus Code.”History.—s. 1, ch. 25149, 1949; s. 4, ch. 2012-182.
• 601.02 - Purposes.
  This chapter is passed:(1) In the exercise of the police power to protect health and welfare and to stabilize and protect the citrus industry of the...
• 601.03 - Definitions.
  As used in this chapter, the term:(1) “Additive” means any foreign substance which, when added to any citrus fruit juice, will change the amount of total...
• 601.04 - Florida Citrus Commission; Creation And Membership.
  (1)(a) There is created within the department the Florida Citrus Commission, which shall be composed of nine members appointed by the Governor. Each member must be...
• 601.045 - Commission Meetings; Report Of Department’s Internal Auditor.
  The commission shall include as an agenda item at each regularly scheduled meeting a report by the department’s internal auditor.History.—s. 2, ch. 2004-36; s. 7,...
• 601.05 - Department Of Citrus A Body Corporate.
  The department shall be a body corporate, shall have power to contract and be contracted with, and shall have and possess all the powers of...
• 601.06 - Compensation And Expenses Of Commission Members.
  Each member of the commission shall receive the sum of $25 per day for each day or fraction thereof spent while en route to or...
• 601.07 - Location Of Executive Offices.
  The department’s executive offices shall be established and maintained at Bartow.History.—s. 7, ch. 25149, 1949; s. 22, ch. 71-186; s. 1, ch. 2010-145; ss. 9,...
• 601.08 - Authenticated Copies Of Commission Records As Evidence.
  Copies of the proceedings, records, and acts of the commission and certificates purporting to relate the facts concerning such proceedings, records, and acts signed by...
• 601.09 - Citrus Districts.
  (1) For purposes of this chapter, the state is divided into three districts composed of:(a) Citrus District One: Levy, Alachua, Brevard, Putnam, St. Johns, St. Lucie, Flagler,...
• 601.091 - Florida Sunridge, Indian River, And Gulf Production Areas, Boundaries And Designation.
  (1) Unless otherwise specifically provided by final court order entered as a result of a legal proceeding instituted prior to July 1, 1976, only citrus fruit...
• 601.10 - Powers Of The Department Of Citrus.
  The department shall have and shall exercise such general and specific powers as are delegated to it by this chapter and other statutes of the...
• 601.101 - Ownership Of Rights Under Patent And Trademark Laws Developed Or Acquired Under This Chapter.
  Notwithstanding chapter 286, the legal title and every right, interest, claim, or demand of any kind in and to any patent, trademark, copyright, certification mark,...
• 601.11 - Department Of Citrus; Power To Establish Standards; Rulemaking Authority.
  (1) The department shall have the power to:(a) Establish state grades and minimum maturity and quality standards not inconsistent with existing laws for citrus fruits and food...
• 601.111 - Maturity Standards; Modification By Emergency Rule.
  (1) The Legislature finds that emergencies creating abnormal conditions in the state’s citrus industry, which may include, but are not limited to, unusual climatic conditions that...
• 601.13 - Citrus Research; Administration By Department Of Citrus; Appropriation.
  (1) The department shall administer this section and prescribe suitable and reasonable rules to properly implement this section.(2) The department shall:(a)1. Conduct or cause to be conducted a...
• 601.15 - Advertising Campaign; Methods Of Conducting; Assessments; Emergency Reserve Fund; Citrus Research.
  (1) The department shall administer this section, prescribe suitable and reasonable rules for the enforcement of this section, and administer the assessments levied and imposed under...
• 601.152 - Special Marketing Orders.
  (1)(a) Whenever, upon its own motion or upon petition of any handler or producer or group or association of handlers or producers of citrus fruit, the...
• 601.155 - Equalizing Assessment; Credit; Exemption.
  (1) The first person who exercises in this state the privilege of processing, reprocessing, blending, or mixing processed orange products or processed grapefruit products or the...
• 601.24 - Department Of Citrus To Prescribe Methods Of Testing And Grading.
  The department shall adopt rules providing the manner and method to be used in drawing samples and the quantity to be used in testing and...
• 601.25 - Determination Of Soluble Solids And Acid.
  The department shall adopt rules determining the method by which juice is tested for percentage of total soluble solids, the method by which juice is...
• 601.27 - Department Of Agriculture; Citrus Inspectors.
  The inspection in the state of all citrus fruit and the canned and concentrated products thereof, and the certifying as to grades and qualifications thereof,...
• 601.28 - Inspection Fees.
  (1) There is hereby levied upon citrus fruit and processed citrus products the following inspection fees:(a) Upon each standard-packed box or equivalent, including hourly rate equivalent, thereof...
• 601.281 - Road Guard Fees.
  There is hereby levied upon all citrus fruit upon which inspection fees are imposed by s. 601.28 an additional fee in the amount of 1...
• 601.29 - Powers Of Department Of Agriculture And Consumer Services.
  The powers of the Department of Agriculture and Consumer Services or its authorized representative include, but are not limited to, the following:(1) To enter and inspect...
• 601.31 - Citrus Inspectors; Employment.
  The Department of Agriculture may in each year employ as many citrus fruit inspectors for such period or periods, not exceeding 1 year, as the...
• 601.32 - Compensation Of Inspectors.
  The salaries of the chief citrus inspector, the chief laboratory inspector, the district supervising inspectors, the junior and senior inspectors, and all other necessary inspectors...
• 601.33 - Interference With Inspectors.
  A person may not obstruct, hinder, resist, interfere with, or attempt to obstruct, hinder, resist, or interfere with any authorized inspector in the discharge of...
• 601.34 - Duties Of Law Enforcement Officers.
  Each state or county law enforcement officer shall make arrests for violations of the citrus fruit laws of this state or of any rule or...
• 601.35 - Disputes As To Quality, Etc.; Procedure.
  When any dispute as to quality, grade, or condition of citrus fruit or the canned or concentrated products thereof arises, the shipper or any financially...
• 601.36 - Inspection Information Required When Two Or More Lots Of Fruit Run Simultaneously.
  In the event that any packinghouse packing citrus fruit or canning plant canning citrus fruit or concentrating plant concentrating citrus fruit shall have present therein...
• 601.37 - Unlawful Acts Of Inspectors.
  An authorized inspector may not make or deliver a certificate of inspection and maturity and quality of any citrus fruit or the canned or concentrated...
• 601.38 - Citrus Inspectors; Authority.
  For the purpose of enforcing the citrus fruit laws of this state, as well as rules of the department, citrus fruit inspectors may enter into...
• 601.39 - Special Inspectors.
  In cases of emergency or necessity, when no citrus fruit inspector is available for inspection of a particular lot of citrus fruit or the canned...
• 601.40 - Registration Of Citrus Packinghouses, Processing Plants With Department Of Agriculture.
  The owner, manager, or operator of each packinghouse, canning plant, or concentrating plant at which it is intended to pack, can, concentrate, or prepare citrus...
• 601.41 - Operation Without Registration Unlawful.
  It is unlawful for any person to operate a citrus fruit packinghouse, canning plant, or concentrating plant, or to pack or otherwise prepare for sale...
• 601.42 - Revocation Of Registration.
  Whenever the Department of Agriculture shall issue a certificate of registration to any packinghouse, canning plant, or concentrating plant for the purpose of processing citrus...
• 601.43 - Immature And Unfit Citrus Fruit; Individual Sampling.
  Any oranges, grapefruit, tangerines, and citrus hybrids not conforming to the minimum maturity requirements set forth in department rules are deemed and held to be...
• 601.44 - Destruction Of Immature Fruit.
  All citrus fruit or processed citrus products prepared for sale or transportation, that are being prepared for such purpose, or that have been or are...
• 601.45 - Grading Of Fresh Citrus Fruit.
  (1) All citrus fruit, except as provided in s. 601.50, sold or shipped, or offered for sale or shipment, for consumption in fresh form shall be...
• 601.46 - Condition Precedent To Sale Of Citrus Fruit.
  (1) It is unlawful, except as provided in s. 601.50, for any person to sell or offer for sale, transport, prepare, receive, or deliver for transportation...
• 601.461 - Falsification Of Weights; Penalty.
  (1) It shall be unlawful for any person, firm, association, or corporation to falsify or alter any certificate, slip, or other document evidencing or pretending to...
• 601.47 - Condition Precedent To Processing Citrus.
  It is unlawful for any person to can any citrus fruits or to can or concentrate the juices thereof unless such fruit is mature in...
• 601.471 - Definition Of “canned Or Concentrated Citrus Fruit Products” Expanded.
  The term “canned or concentrated citrus fruit products” when used in ss. 601.48-601.54 shall include chilled citrus juice, chilled citrus sections, or otherwise processed products...
• 601.48 - Grading Processed Citrus Products.
  (1) If processed citrus products meet the requirements of the two highest grades as established by the Department of Citrus or, at the option of the...
• 601.49 - Condition Precedent To Selling Processed Citrus Products.
  A person, except as provided in s. 601.50, may not sell or offer for sale, transport, receive, or deliver for transportation or market any canned...
• 601.50 - Exemptions; Sale Or Shipment Of Citrus Or Citrus Products For Certain Purposes.
  (1) Notwithstanding ss. 601.45, 601.46, 601.48, 601.49, 601.51, and 601.52, the department may adopt such precautionary rules that it deems expedient to permit the sale or...
• 601.501 - Charitable Shipments Exempt From Assessments.
  Shipments of citrus fruit when permitted under s. 601.50 for charitable purposes are exempt from all advertising assessments.History.—s. 3, ch. 28197, 1953; s. 38, ch.
• 601.51 - Certification Required For Shipment Of Citrus Fruit Or Products.
  (1) A person, including a common carrier or other carrier, may not:(a) Except as provided in s. 601.50, accept for shipment, ship, or transport any citrus fruit...
• 601.52 - Carriers Not To Accept Fruit Without Evidence Of Payment Of Assessments And Fees.
  A common carrier or other carrier or person, except as provided in s. 601.50, may not accept for shipment, ship, or transport any citrus fruit...
• 601.53 - Unlawful To Process Unwholesome Citrus.
  It is unlawful for any person to can or concentrate, or buy for canning or concentrating purposes, or sell for canning or concentrating purposes in...
• 601.54 - Seizure Of Unwholesome Fruit By Department Of Agriculture’s Agents.
  (1) The Department of Agriculture or its duly authorized inspectors shall seize and destroy all citrus fruit found by the Department of Agriculture or inspectors to...
• 601.55 - Citrus Fruit Dealer; License Required.
  (1) No person shall act as a citrus fruit dealer in this state without first having applied for and obtained the issuance of a current license...
• 601.56 - Application For Dealers’ Licenses; Requirements.
  Any person desiring to engage in the business of a citrus fruit dealer in the state must apply to the department for a license. The...
• 601.57 - Examination Of Application; Approval Of Dealers’ Licenses.
  (1) The department shall, within a reasonable time, examine the application and consider the information submitted therewith, including the applicant’s financial statement and the reputation of...
• 601.58 - Application Approval Or Disapproval.
  (1) Each citrus fruit dealer’s license application that is approved, or approved subject to conditions, shall be forwarded immediately to the Department of Agriculture, which shall,...
• 601.59 - Dealer’s License Fee; Agent’s Registration Fee.
  (1) Each applicant who qualifies for a citrus fruit dealer’s license shall pay to the Department of Agriculture, prior to issuance of such license, a license...
• 601.60 - Issuance Of Dealers’ Licenses.
  (1) Whenever an application bears the approved endorsement of the Department of Citrus and satisfactions of conditions of approval, if any, and the applicant has paid...
• 601.601 - Registration Of Dealers’ Agents.
  Each licensed citrus fruit dealer shall:(1) Register with the Department of Agriculture each agent as defined in s. 601.03 who is authorized to represent such dealer;...
• 601.61 - Bond Requirements Of Citrus Fruit Dealers.
  (1)(a) Except as provided in this section, before the approval of a citrus fruit dealer’s license, the applicant must deliver to the Department of Agriculture a...
• 601.611 - Applicable Law In Event Ch. 61-389 Held Invalid.
  If any of the provisions of s. 601.61 be held unconstitutional or invalid for any reason by any court of competent jurisdiction, or if any...
• 601.64 - Citrus Fruit Dealers; Unlawful Acts.
  It is unlawful in, or in connection with, any transaction relative to the purchase, handling, sale, and accounting of sales of citrus fruit:(1) For any citrus...
• 601.641 - Fraudulent Representations, Penalties.
  (1) It shall be unlawful for any person, firm, association, or corporation to claim or represent to be a licensed citrus fruit dealer, licensed and bonded...
• 601.65 - Liability Of Citrus Fruit Dealers.
  If any licensed citrus fruit dealer violates any provision of this chapter, such dealer shall be liable to the person allegedly injured thereby for the...
• 601.66 - Complaints Of Violations By Citrus Fruit Dealers; Procedure; Bond Distribution; Court Action On Bond.
  (1) Any person may complain of any violation of this chapter by any citrus fruit dealer during any shipping season by filing of a written complaint...
• 601.67 - Disciplinary Action By Department Of Agriculture Against Citrus Fruit Dealers.
  (1) The Department of Agriculture may impose an administrative fine in the Class IV category pursuant to s. 570.971 not to exceed $50,000 for each violation...
• 601.671 - Appropriation Of Fines Collected.
  All fines imposed and collected by the Department of Agriculture under the provisions of this chapter are hereby appropriated in the manner provided by s....
• 601.68 - Investigation Of Violations.
  The Department of Agriculture may instigate and make investigation of any citrus fruit dealer who it has reason to believe has violated any law of...
• 601.69 - Records To Be Kept By Citrus Fruit Dealers.
  Every citrus fruit dealer shall make and keep a correct record showing in detail the following with reference to the purchase, handling, sale, and accounting...
• 601.70 - Inspection Of Records By Department Of Agriculture.
  The Department of Agriculture or its duly authorized agents have the right to inspect all accounts, records, and memoranda of any citrus fruit dealer required...
• 601.701 - Penalty For Failure To Keep Records.
  (1) It is unlawful to fail to keep any records required to be kept under the Florida Citrus Code or required to be kept by any...
• 601.72 - Penalties For Violations.
  Any person who violates or aids or abets in the violation of any provision of this chapter shall for each offense be guilty of a...
• 601.73 - Additional Methods Of Enforcement.
  The several circuit courts of the state, sitting in chancery, are vested with jurisdiction specifically to enforce, and to enjoin and restrain any citrus fruit...
• 601.731 - Transporting Citrus On Highways; Name And Dealer Designation On Vehicles; Load Identification; Penalty.
  (1)(a) It is unlawful to operate any truck, tractor, trailer, or other motor vehicle hauling citrus fruit in bulk or in unclosed containers for commercial purposes...
• 601.74 - Fees For Licensing And Analysis Of Processing Materials.
  The Department of Agriculture may set fees with respect to the licensing and analysis of materials and composition used on or in the packing of...
• 601.76 - Manufacturer To Furnish Formula And Other Information.
  Any formula required to be filed with the Department of Agriculture shall be deemed a trade secret as defined in s. 812.081, is confidential and...
• 601.79 - To Color Grapefruit And Tangerines Prohibited.
  It is unlawful for any person to use on grapefruit or tangerines or apply thereto any coloring matter.History.—s. 79, ch. 25149, 1949; ss. 1-3, ch....
• 601.80 - Unlawful To Use Uncertified Coloring Matter.
  It is unlawful for any person to use on oranges or citrus hybrids any coloring matter which has not first received the approval of the...
• 601.85 - Standard Shipping Box For Fresh Fruit.
  The specifications for the standard shipping box, when used as a unit of trade or for reporting purposes, shall be as established by the department,...
• 601.86 - Standard Field Boxes For Fresh Citrus Fruit.
  The standard field box or its equivalent, when used as a unit of trade or for reporting purposes, shall be of the uniform standard size...
• 601.88 - Oversized Boxes To Be Stamped.
  (1) It is unlawful to use any field box that exceeds the total capacity of 4,900 cubic inches in the purchase, sale, or handling of oranges,...
• 601.89 - Citrus Fruit; When Damaged By Freezing.
  (1) Citrus fruit shall be deemed “seriously” damaged by freezing when such freezing causes:(a) Marked dryness to extend into the segments of oranges and grapefruit more than...
• 601.91 - Unlawful To Sell, Transport, Prepare, Receive, Or Deliver Freeze-damaged Citrus.
  (1) It is unlawful at any time for any person to sell or offer for sale, to transport, or to prepare, receive, or deliver for transportation...
• 601.92 - Use Of Arsenic In Connection With Citrus.
  Persons owning, managing, or tending and cultivating citrus groves or trees shall not use arsenic or any of its derivatives, or any combination, compound, or...
• 601.93 - Sale Of Citrus Containing Arsenic.
  No person shall sell or offer for sale, transport, prepare, secure, or deliver for transportation or market any fruit of any variety except grapefruit which...
• 601.94 - Fruit Containing Arsenic; Powers Of Inspection.
  Citrus fruit inspectors are authorized:(1) To inspect citrus fruit, except grapefruit, for arsenic content at any packinghouse, canning plant, concentrating plant, or other place where citrus...
• 601.95 - Seizure Of Citrus Fruit Containing Arsenic.
  Whenever any citrus fruit inspector shall find citrus fruit, except grapefruit, at any packinghouse, canning plant, concentrating plant, or other place that the same is...
• 601.96 - Seized Fruit; Taking Samples For Analysis.
  Upon the making of seizure of any citrus fruit as provided in s. 601.95, the inspector making said seizure shall immediately draw samples therefrom, as...
• 601.97 - Destruction Of Certain Fruit Containing Arsenic.
  All citrus fruit, except grapefruit, prepared for sale or transportation, or which is being prepared for such purpose, or which has been or is being...
• 601.98 - Shipment, Sale, Or Offer Of Imported Citrus Fruit Or Citrus Products.
  (1) It is unlawful for any person to quote, offer for sale, sell, ship, or invoice in or from Florida any citrus fruit or the canned...
• 601.99 - Unlawful To Misbrand Wrappers Or Packages Containing Citrus Fruit.
  It is unlawful for any person to misbrand any package or any wrapper containing citrus fruits or any container of the canned or concentrated products...
• 601.9901 - Certificates Of Inspection; Form.
  All certificates of inspection prescribed by this chapter shall be of such number, form, size, and character as the department may by rule prescribe and...
• 601.9902 - Payment Of Salaries And Expenses; Department Of Citrus.
  All salaries, costs, and expenses incurred by the department in the administration and enforcement of this chapter and in the performance of the department’s duties...
• 601.9903 - Annual Report Of Department Of Citrus.
  The department shall submit an annual report to the Governor concerning the work of the department. The department shall also submit such special reports concerning...
• 601.99035 - Annual Travel Report Of Department Of Citrus.
  The department shall, at the end of each fiscal year, publish an annual travel report that states, for each department staff member and each commission...
• 601.99036 - Approval Of Specified Salary Changes.
  Any change in the annual salary of an employee of the department who earns $100,000 or more must be approved by a majority of the...
• 601.9904 - Frozen Citrus Juices; Rules Of Department Of Citrus.
  The department shall adopt and enforce rules concerning the contents, preparation, concentrating, other processing, and keeping or storing of frozen concentrated fresh citrus juices, and...
• 601.9908 - Canned Tangerine Juice; Standards; Labeling.
  No canned tangerine juice shall be sold or offered for sale or shipped or offered for shipment which:(1) Is prepared from raw juice containing before the...
• 601.9910 - Legislative Findings Of Fact; Strict Enforcement Of Maturity Standard In Public Interest.
  (1) FINDINGS.—(a) The Legislature finds and determines and so declares that, for many years past, the shipment of raw, immature citrus fruit, generally designated as “green fruit,”...
• 601.9911 - Fruit May Be Sold Or Transported Direct From Producer.
  Any citrus producer may transport her or his own citrus fruit or any citrus fruit may be sold or purchased and transported in interstate or...
• 601.9912 - Penalties.
  Any person violating any provisions of this chapter or of the rules or regulations of the Department of Citrus or the Department of Agriculture shall...
• 601.9918 - Rules Related To Issuance And Use Of Symbols.
  In rules related to the issuance and voluntary use of symbols, certification marks, service marks, or trademarks, the commission may make general references to national...
• 601.992 - Collection Of Dues And Other Payments On Behalf Of Certain Nonprofit Corporations Engaged In Market News And Grower Education.
  The Department of Citrus or the Department of Agriculture or their successors may collect or compel the entities regulated by the Department of Citrus to...

Last modified: September 23, 2016