Florida Statute 499.002 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 499
FLORIDA DRUG AND COSMETIC ACT

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F.S. 499.002

499.002 Purpose, administration, and enforcement of and exemption from this part.—

(1) This part is intended to:

(a) Safeguard the public health and promote the public welfare by protecting the public from injury by product use and by merchandising deceit involving drugs, devices, and cosmetics.

(b) Provide uniform legislation to be administered so far as practicable in conformity with the provisions of, and regulations issued under the authority of, the Federal Food, Drug, and Cosmetic Act and that portion of the Federal Trade Commission Act which expressly prohibits the false advertisement of drugs, devices, and cosmetics.

(c) Promote thereby uniformity of such state and federal laws, and their administration and enforcement, throughout the United States.

(2) The department shall administer and enforce this part to prevent fraud, adulteration, misbranding, or false advertising in the preparation, manufacture, repackaging, or distribution of drugs, devices, and cosmetics.

(3) For the purpose of any investigation or proceeding conducted by the department under this part, the department may administer oaths, take depositions, issue and serve subpoenas, and compel the attendance of witnesses and the production of books, papers, documents, or other evidence. The department shall exercise this power on its own initiative. Challenges to, and enforcement of, the subpoenas and orders shall be handled as provided in s. 120.569.

(4) Each state attorney, county attorney, or municipal attorney to whom the department or its designated agent reports any violation of this part shall cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.

(5) This part does not require the department to report, for the institution of proceedings under this part, minor violations of this part when it believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.

(6) Common carriers engaged in interstate commerce are not subject to this part if they are engaged in the usual course of business as common carriers.

(7) Notwithstanding any other law or local ordinance or regulation to the contrary, the regulation of over-the-counter proprietary drugs and cosmetics is expressly preempted to the state.

History.—s. 34, ch. 82-225; s. 1, ch. 83-265; ss. 2, 3, ch. 86-133; s. 2, ch. 87-50; ss. 2, 4, 6, 48, 49, 50, 52, ch. 92-69; s. 240, ch. 96-410; s. 236, ch. 99-8; s. 1, ch. 2008-207; s. 1, ch. 2020-118.

Note.—Subsection (2) former s. 499.004; subsection (3) former s. 499.0053; subsection (4) former s. 499.07; subsection (5) former s. 499.071; subsection (6) former s. 499.081.

F.S. 499.002 on Google Scholar

F.S. 499.002 on Casetext

Amendments to 499.002

Arrestable Offenses / Crimes under Fla. Stat. 499.002

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 499.002.

Annotations, Discussions, Cases:

Cases Citing Statute 499.002

Total Results: 6

Ronald Brown, Jr. v. Sheriff Mike Williams

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-28T00:53:00-07:00

Snippet: deceit involving drugs, devices, and cosmetics.” § 499.002(1)(a), Fla. Stat. (2015). Below, Smokers …and by “merchandising deceit involving drugs.” § 499.002, Fla. Stat. Because we agree with the trial court

Nordmark Presentations, Inc. v. Harman

Court: Fla. Dist. Ct. App. | Date Filed: 1990-02-27T23:53:00-08:00

Citation: 557 So. 2d 649

Snippet: there. See Venetian Salami, 554 So.2d at 499. There are two questions that must be answered to determine

Dixon v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1973-11-19T23:53:00-08:00

Citation: 287 So. 2d 698

Snippet: [1] White v. State (Fla.App. 1970), 244 So.2d 499. [2] Costello v. State (Fla. 1972), 260 So.2d 198.

Bryant v. Cole

Court: Fla. Dist. Ct. App. | Date Filed: 1973-09-12T00:53:00-07:00

Citation: 282 So. 2d 652

Snippet: Electric Corporation (Fla.App. 1960), 122 So.2d 499. [2] See, Southern California Gas Co. v. A.B.C. Construction

Beaty v. Inlet Beach, Inc.

Court: Fla. | Date Filed: 1942-09-29T00:00:00-07:00

Citation: 9 So. 2d 735, 151 Fla. 495, 1942 Fla. LEXIS 1203

Snippet: Captain T. Hall as security for the payment *Page 499 of two promissory notes of even date, each in the amount

Montgomery v. State

Court: Fla. | Date Filed: 1908-01-15T00:00:00-08:00

Citation: 55 Fla. 97

Snippet: Commonwealth, 81 V., 484; State v. Sloan, 97 N. C. 499, 2 S. E. Rep. 666. *106On a former writ of error in