Florida Statute 499.06 | 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. 499.06

499.06 Embargoing, detaining, or destroying article or processing equipment which is in violation of law or rule.—

(1) When a duly authorized agent of the department finds, or has probable cause to believe, that any drug, device, or cosmetic is in violation of any provision of this part or any rule adopted under this part so as to be dangerous, unwholesome, or fraudulent within the meaning of this part, she or he may issue and enforce a stop-sale, stop-use, removal, or hold order, which order gives notice that such article or processing equipment is, or is suspected of being, in violation and has been detained or embargoed, and which order warns all persons not to remove, use, or dispose of such article or processing equipment by sale or otherwise until permission for removal, use, or disposal is given by such agent or the court. It is unlawful for any person to remove, use, or dispose of such detained or embargoed article or processing equipment by sale or otherwise without such permission; and such act is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) When an article or processing equipment detained or embargoed under subsection (1) has been found by such agent to be in violation of law or rule, she or he shall, within 90 days after the issuance of such notice, petition the circuit court, in the jurisdiction of which the article or processing equipment is detained or embargoed, for an order for condemnation of such article or processing equipment. When such agent has found that an article or processing equipment so detained or embargoed is not in violation, she or he shall rescind the stop-sale, stop-use, removal, or hold order.

(3) If the court finds that the detained or embargoed article or processing equipment is in violation, such article or processing equipment shall, after entry of the court order, be destroyed or made sanitary at the expense of the claimant thereof, under the supervision of such agent; and all court costs, fees, and storage and other proper expenses shall be taxed against the claimant of such article or processing equipment or her or his agent. However, when the violation can be corrected by proper labeling of the article or sanitizing of the processing equipment, and after such costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that such article be so labeled or processed or such processing equipment be so sanitized, has been executed, the court may by order direct that such article or processing equipment be delivered to the claimant thereof for such labeling, processing, or sanitizing, under the supervision of an agent of the department. The expense of such supervision shall be paid by the claimant. Such bond shall be returned to the claimant of the article or processing equipment upon representation to the court by the department that the article or processing equipment is no longer in violation of this part and that the expenses of such supervision have been paid.

(4) When the department or any of its authorized agents finds in any room, building, vehicle of transportation, or other structure any perishable articles that are unsound or contain any filthy, decomposed, or putrid substances, or which may be poisonous or deleterious to health or otherwise unsafe, the same being hereby declared to be a nuisance, the department, or its authorized agent, shall forthwith condemn or destroy such articles or in any other manner render such articles unsalable.

History.—s. 34, ch. 82-225; s. 1, ch. 83-265; ss. 41, 52, ch. 92-69; s. 592, ch. 97-103; s. 32, ch. 2008-207.

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Amendments to 499.06

Arrestable Offenses / Crimes under Fla. Stat. 499.06

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

S499.06 - HEALTH-SAFETY - USE DISPOSE DETAINED DRUG DEVICE COSMET EQUIP - F: S

Annotations, Discussions, Cases:

Cases Citing Statute 499.06

Total Results: 15

Joel De La Osa v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-18T00:00:00-08:00

Citation: 158 So. 3d 712, 2015 Fla. App. LEXIS 2279, 2015 WL 669563

Snippet: enterprise, the Florida Legislature amended section 499.006, Florida Statutes, to define an “adulterated drug

State v. Rodriguez

Court: Fla. Dist. Ct. App. | Date Filed: 2011-09-14T00:00:00-07:00

Citation: 71 So. 3d 154, 2011 Fla. App. LEXIS 14534, 2011 WL 4056138

Snippet: distribution of the drug....” (emphasis added). Section 499.006, Florida Statutes (2003), provides, in relevant…person not authorized under federal or state law. § 499.006. A drug is misbranded if its labeling is in any…contaminated or rendered injurious to health, § 499.006(2). These facts demonstrate that the facilities…to the requirements of section 499.001-.081, § 499.006(3), and the facts detailed earlier show the drugs…authorized to do so under federal or state law, § 499.006(10). The drugs were additionally labeled in a false

Bio-Med Plus v. STATE, DEPT. OF HEALTH

Court: Fla. Dist. Ct. App. | Date Filed: 2005-10-20T00:53:00-07:00

Citation: 915 So. 2d 669

Snippet: drugs that were adulterated, as defined in s. 499.006, F.S., in violation of s. 499.005(1) and (4), F.S… parties not authorized to do so under section 499.006(10),[2] the ESO contains no factual allegations…final disposition of this proceeding. [2] Section 499.006(10), Florida Statutes (2004), provides that a drug

Hillsborough County v. Kortum

Court: Fla. Dist. Ct. App. | Date Filed: 1991-08-23T00:53:00-07:00

Citation: 585 So. 2d 1029

Snippet: , 167 (1946) (citing Wolfson v. Heins, 149 Fla. 499, 6 So.2d 858 (1942)). "[A]n easement will not

Century Village v. Walker

Court: Fla. Dist. Ct. App. | Date Filed: 1984-04-24T23:53:00-08:00

Citation: 449 So. 2d 378

Snippet: authorities. *380 In Wolfson v. Heins, 149 Fla. 499, 6 So.2d 858 (1942), Wolfson obtained title to a private

Florida Bar

Court: Fla. | Date Filed: 1982-01-28T00:00:00-08:00

Citation: 414 So. 2d 490, 1982 Fla. LEXIS 2419

Snippet: be satisfied through home study programs; and *499(6) Such other methods as may be approved by the Board

Standard Marine Ins. Co. v. Allyn

Court: Fla. Dist. Ct. App. | Date Filed: 1976-06-23T00:53:00-07:00

Citation: 333 So. 2d 497

Snippet: municipality thereof, or the federal government. *499 6. Other motor vehicles which have not been categorized

Homer v. Dadeland Shopping Center, Inc.

Court: Fla. | Date Filed: 1969-12-09T23:53:00-08:00

Citation: 229 So. 2d 834

Snippet: direct conflict with Wolfson v. Heins, 149 Fla. 499, 6 So.2d 858. The petitioners were the appellants

Tucker v. Forty-Five Twenty-Five, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1967-06-06T00:00:00-07:00

Citation: 199 So. 2d 522, 1967 Fla. App. LEXIS 4906

Snippet: 3 Jewish Encyclopedia (1916), Calendar, at p. 499 ; 6 Jewish Encyclopedia (1916), Holy Days, at p. 445

McNayr v. Claughton

Court: Fla. Dist. Ct. App. | Date Filed: 1967-05-02T00:53:00-07:00

Citation: 198 So. 2d 366

Snippet: interests in the land. Wolfson v. Heins, 1942, 149 Fla. 499, 6 So.2d 858; Stack v. City of Hoboken, 1957, 45 N.J

State Ex Rel. Hawkins v. Board of Control of Florida

Court: Fla. | Date Filed: 1950-08-01T00:53:00-07:00

Citation: 47 So. 2d 608

Snippet: see also, State ex rel. Sharp v. Weeks, 93 Mo. 499, 6 S.W. 266; State v. Board of Metropolitan Police

Spencer v. Spencer

Court: Fla. | Date Filed: 1948-07-30T00:00:00-07:00

Citation: 36 So. 2d 424, 160 Fla. 749, 1948 Fla. LEXIS 854

Snippet: cites our holding in Wolfson v. Heins,149 Fla. 499, 6 So.2d 858, and contends that the rule enunciated

Saunders v. City of Jacksonville

Court: Fla. | Date Filed: 1946-04-02T00:00:00-08:00

Citation: 25 So. 2d 648, 157 Fla. 240, 1946 Fla. LEXIS 715

Snippet: the Constitution. See Wolfson v. Heins,149 Fla. 499, 6 So.2d 858. Generally all property owned is subject

Bancroft Investment Corp. v. City of Jacksonville

Court: Fla. | Date Filed: 1946-01-15T00:00:00-08:00

Citation: 27 So. 2d 162, 157 Fla. 546, 1946 Fla. LEXIS 800

Snippet: in it, Wolfson et al. v. Heins et ux., 149 Fla. 499, 6 So.2d 858. Neither do we think it the law of this

Henderson v. Hines

Court: Fla. | Date Filed: 1923-11-28T00:00:00-08:00

Citation: 86 Fla. 494, 98 So. 333

Snippet: track connected with the said line of railroad. *499”6. That upon each of said car load shipments, the