Florida Statutes

Fla. Stat. § 500.04 (2025)

Prohibited acts.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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500.04 Prohibited acts.—The following acts and the causing thereof within the state are prohibited:

(1) The manufacture, sale or delivery, holding or offering for sale of any food that is adulterated or misbranded.

(2) The adulteration or misbranding of any food.

(3) The receipt in commerce of any food that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise.

(4) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of s. 500.12.

(5) The dissemination of any false advertisement.

(6) The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by s. 500.147.

(7) The giving of a guaranty or undertaking with respect to a food, which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in this state from whom she or he received in good faith the food.

(8) The removal, disposal, or use of a detained or embargoed article or food processing equipment in violation of s. 500.172.

(9) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of a food, or the doing of any other act with respect to a food, if such act is done while such article is held for sale and such act results in such article being misbranded.

(10) Forging; counterfeiting; simulating; falsely representing; or, without proper authority, using any mark, stamp, tag, label, or other identification device authorized or required by rules adopted under this chapter.

(11) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling information, whether in coded form or otherwise, identifying the article’s expiration date or similar date, date of manufacture, or manufacturing or distribution lot or batch, if such act is done while such article is held for sale.

History.—s. 3, ch. 19656, 1939; CGL 1940 Supp. 4151(667); s. 2, ch. 57-167; s. 1, ch. 70-994; s. 6, ch. 82-225; s. 120, ch. 83-218; s. 5, ch. 87-388; s. 9, ch. 92-180; s. 5, ch. 94-180; s. 602, ch. 97-103; s. 17, ch. 97-220.

Arrestable Offenses under F.S. 500.04

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§500.04(1)FOOD-HEALTH OR SAFETYMFG SELL ADULTRTD MISBRANDED FOOD SUBSQ OFFM · 1st

§500.04(1)FOOD-HEALTH OR SAFETYMFG SELL ADULTERATED MISBRANDED FOOD 1ST OFFM · 2nd

§500.04(2)FOOD-HEALTH OR SAFETYADULTERATE MISBRAND FOOD SUBSQ OFFM · 1st

§500.04(2)FOOD-HEALTH OR SAFETYADULTERATE MISBRAND FOOD 1ST OFFM · 2nd

§500.04(3)FOOD-HEALTH OR SAFETYRECV DELIV ADULTERATED MISBRANDED FOOD 1ST OFFM · 2nd

§500.04(3)FOOD-HEALTH OR SAFETYRECV DELIV ADULTRTD MISBRANDED FOOD SUBSQ OFFM · 1st

§500.04(4)FOOD-HEALTH OR SAFETYOFFER FOOD FOR SALE WITHOUT PERMIT 1ST OFFENSEM · 2nd

§500.04(4)FOOD-HEALTH OR SAFETYOFFER FOOD FOR SELL W/O PERMIT SUBSQ OFFM · 1st

§500.04(5)FRAUDDISSEMINATE FALSE ADVRT REGARDING FOOD 1ST OFFM · 2nd

§500.04(5)FRAUDDISSEMINATE FALSE ADVRT RE FOOD SUBSQ OFFM · 1st

§500.04(6)OBSTRUCTREFUSE ENTRY TO TAKE AUTH FOOD SAMPLE 1ST OFFM · 2nd

§500.04(6)OBSTRUCTREFUSE ENTRY TAKE AUTH FOOD SAMPLE SUBSQ OFFM · 1st

§500.04(7)FRAUDFALSE FOOD GUARANTEE 1ST OFFM · 2nd

§500.04(7)FRAUDFALSE FOOD GUARANTEE SUBSQ OFFM · 1st

§500.04(8)OBSTRUCT CRIMINAL INVESTRMV DISPOSE USE DETAINED FOOD EQUIP SUBSQ OFFM · 1st

§500.04(8)OBSTRUCT CRIMINAL INVESTREMOVE DISPOSE USE DETAINED FOOD EQUIP 1ST OFFM · 2nd

§500.04(9)FOOD-HEALTH OR SAFETYALTER OR REMOVE FOOD LABELING SUBSQ OFFM · 1st

§500.04(9)FOOD-HEALTH OR SAFETYALTER OR REMOVE FOOD LABELING 1ST OFFM · 2nd

§500.04(10)FORGERY OFFOOD MARK STAMP TAG LABEL ID DEVICE SUBSQ OFFM · 1st

§500.04(10)FRAUDFALSE REP USE W/O AUTH FOOD ID DEVICE 1ST OFFM · 2nd

§500.04(10)FRAUDFALSE REP USE W/O AUTH FOOD ID DVC SUBSQ OFFM · 1st

§500.04(10)COUNTERFEITING OFSIM FOOD MARK STAMP TAG LABEL ID DVC 1ST OFFM · 2nd

§500.04(10)COUNTERFEITING OFSIM FOOD MARK STAMP TAG LABEL ID DVC SUBSQ OFFM · 1st

§500.04(10)FORGERY OFFOOD MARK STAMP TAG LABEL ID DEVICE 1ST OFFM · 2nd

Notes of Decisions

Cited in 4 cases, 1962–2014 · leading case: In re Sony Gaming Networks & Customer Data Sec. Breach Litig., 996 F. Supp. 2d 942 (S.D. Cal. 2014).

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In re Sony Gaming Networks & Customer Data Sec. Breach Litig., 996 F. Supp. 2d 942 (S.D. Cal. 2014). “Specifically, Sony contends Plaintiffs have failed to: (1) allege deceptive or unfair conduct with particularity under Rule 9(b); (2) plausibly allege how Sony’s representations were deceptive in light of the admonitory language in the PSN Privacy Policy; (3) show how Sony…”

Stadnik v. Shell's City, Inc., 140 So. 2d 871 (Fla. 1962). · cites it 2× “Section 500.04, Florida Statutes, F.S.A. Moreover, appellants' claimed analogous authority to that heretofore enjoyed by the Commissioner of Agriculture no longer has any foundation in Chapter 500, supra.”

Reilly v. Amy's Kitchen, Inc., 2 F. Supp. 3d 1300 (S.D. Fla. 2014). · cites it 2× “Plaintiff contends that as a result of this guidance, Defendant’s products are mis-branded in violation of Fla. Stat. § 500.04 . Id. ¶ 21 . *1302 Plaintiff alleges that she has purchased Defendant’s products containing ECJ “including the All-American Veggie Burger, the…”

Hunter v. Florida Bd. of Pharmacy, 162 So. 2d 524 (Fla. 3d DCA 1964). “, and in misbranding drugs in violation of § 500.04 (1). The Board’s order thereupon suspended appellant’s license to practice pharmacy for one year.”

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