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Florida Statutes (Last Updated: April 21, 2021) |
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TITLE XXXV. AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY |
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CHAPTER 580. COMMERCIAL FEED AND FEEDSTUFF |
Latest version.
- 1(1) 2The department may impose one or more of the following penalties against any person who violates any provision of this chapter:23(a) 24Issuance of a warning letter.29(b) 30Imposition of an administrative fine in the Class I category pursuant to s. 43570.971 44for each occurrence.47(c) 48Revocation or suspension of the master registration, laboratory certification, or quality-assurance/quality-control plan approval.61(d) 62Probation for up to 6 months.
68However, the severity of the penalty imposed shall be commensurate with the degree of risk to human or animal safety or the level of financial harm to the consumer that is created by the violation.
103(2) 104In cases where the department has determined a pattern of noncompliance with the provisions of this chapter, penalties may be imposed in accordance with subsection (1). Such penalties are in addition to any penalty or penalties that might be imposed under any other portion of this chapter.151(3)(a) 152Any person who violates any provision of this chapter commits a misdemeanor of the second degree, punishable as provided in s. 173775.082 174or s. 176775.083177.178(b) 179In all prosecutions under this chapter involving the composition of a lot of commercial feed or feedstuff, a certified copy of the certified laboratory analysis signed by the authorized agent of the laboratory or, when available, the analysis reported by the department shall be accepted by the court as prima facie evidence of the composition. Each state or county law enforcement officer shall make an arrest for violation of this chapter when such officer is notified of such violation by the department.261(4) 262Nothing in this chapter shall be construed as requiring the department to report for prosecution or for the institution of seizure proceedings as a result of minor violations of the chapter when it believes that the public interests will be best served by the imposition of one or more of the penalties set forth in this section.319(5) 320The department is hereby authorized to apply for, and the court may grant upon sufficient evidence, a temporary or permanent injunction, without bond, restraining any person from violating or continuing to violate any of the provisions of this chapter, notwithstanding the existence of other remedies at law.367(6) 368The receipts from any penalty payments under this section shall be deposited into the General Inspection Trust Fund.
History.-s. 12, ch. 29755, 1955; s. 11, ch. 61-440; ss. 14, 35, ch. 69-106; s. 597, ch. 71-136; s. 8, ch. 79-66; s. 11, ch. 86-112; s. 2, ch. 88-210; s. 149, ch. 91-224; s. 33, ch. 92-143; ss. 6, 7, ch. 93-90; ss. 11, 16, ch. 94-282; s. 133, ch. 2014-150.
