Fla. Admin. Code Ann. R. 5G-1.004 - Unlawful Transportation and Sale of Uninspected Fresh Citrus Fruit
(1) Arrest, appearance bond and prosecution.
Any person who transports outside the boundaries of the production area as
defined in federal marketing order 905 any fresh citrus fruit subject to any
regulations issued by the secretary of the United States Department of
Agriculture under the authority and provisions of the Agricultural Marketing
Agreement Act of 1939, as amended, which is not accompanied by a certificate of
inspection and maturity, certifying that said citrus fruit meets the
requirements of the regulations issued by the secretary of the United States
Department of Agriculture then in effect, and signed by a duly authorized
inspector of the Department of Agriculture and Consumer Services or a permit
issued by the Department of Citrus pursuant to the provisions of Section
601.50, F.S., and Department or
Citrus Regulation 105-1.11, is subject to the legal processes of arrest,
posting of appearance bond, and prosecution under the provisions of Section
601.46, F.S.
(2) Exemption for personal use. As an
exemption to prosecution, each person may transport outside the boundaries of
the production area for his personal use an amount of uninspected or
unpermitted fresh citrus fruit as established by regulations of the secretary
of the United States Department of Agriculture.
(3) Disposition of uninspected or unpermitted
fruit. Uninspected or unpermitted fresh citrus fruit that is transported
without certificate of inspection and maturity or permit may be disposed of
under the supervision of an inspector of the Road Guard Bureau of the
Department of Agriculture and Consumer Services upon the execution of a
statement furnished by the Department of Agriculture and Consumer Services and
witnessed by an inspector of the Road Guard Bureau, in the following manner:
(a) Returned by the owner or transporter at
his expense to the point of origin or other approved fruit inspection station
for inspection by an authorized fresh citrus fruit inspector of the Department
of Agriculture and Consumer Services, or for the purpose of obtaining a refund
of purchase price from the seller, in which case the owner or transporter will
advise the supervisor of the Road Guard Bureau of his point of exit from the
production area.
(b) Donated to a
charitable or state institution or to a public or private school.
(c) By destruction within the production area
upon approval of an inspector of the Road Guard Bureau of the Department of
Agriculture and Consumer Services in a manner consistent with state pollution
control laws.
Notes
Rulemaking Authority 601.29(1) FS. Law Implemented 601.46, 601.51 FS.
New 3-1-73, Repromulgated 12-31-74, Formerly 5G-1.04.
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