Florida Statute 500.04 - Full Text and Legal Analysis

The 2025 Florida Statutes

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

Chapter 500
FOOD PRODUCTS

View Entire Chapter

F.S. 500.04

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.

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Amendments to 500.04

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 500.04

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

S500.04 1 - FOOD-HEALTH OR SAFETY - MFG SELL ADULTRTD MISBRANDED FOOD SUBSQ OFF - M: F

S500.04 1 - FOOD-HEALTH OR SAFETY - MFG SELL ADULTERATED MISBRANDED FOOD 1ST OFF - M: S

S500.04 2 - FOOD-HEALTH OR SAFETY - ADULTERATE MISBRAND FOOD SUBSQ OFF - M: F

S500.04 2 - FOOD-HEALTH OR SAFETY - ADULTERATE MISBRAND FOOD 1ST OFF - M: S

S500.04 3 - FOOD-HEALTH OR SAFETY - RECV DELIV ADULTRTD MISBRANDED FOOD SUBSQ OFF - M: F

S500.04 3 - FOOD-HEALTH OR SAFETY - RECV DELIV ADULTERATED MISBRANDED FOOD 1ST OFF - M: S

S500.04 4 - FOOD-HEALTH OR SAFETY - OFFER FOOD FOR SELL WO PERMIT SUBSQ OFF - M: F

S500.04 4 - FOOD-HEALTH OR SAFETY - OFFER FOOD FOR SALE WITHOUT PERMIT 1ST OFFENSE - M: S

S500.04 5 - FRAUD - DISSEMINATE FALSE ADVRT RE FOOD SUBSQ OFF - M: F

S500.04 5 - FRAUD - DISSEMINATE FALSE ADVRT REGARDING FOOD 1ST OFF - M: S

S500.04 6 - OBSTRUCT - REFUSE ENTRY TAKE AUTH FOOD SAMPLE SUBSQ OFF - M: F

S500.04 6 - OBSTRUCT - REFUSE ENTRY TO TAKE AUTH FOOD SAMPLE 1ST OFF - M: S

S500.04 7 - FRAUD - FALSE FOOD GUARANTEE SUBSQ OFF - M: F

S500.04 7 - FRAUD - FALSE FOOD GUARANTEE 1ST OFF - M: S

S500.04 8 - OBSTRUCT CRIMINAL INVEST - RMV DISPOSE USE DETAINED FOOD EQUIP SUBSQ OFF - M: F

S500.04 8 - OBSTRUCT CRIMINAL INVEST - REMOVE DISPOSE USE DETAINED FOOD EQUIP 1ST OFF - M: S

S500.04 9 - FOOD-HEALTH OR SAFETY - ALTER OR REMOVE FOOD LABELING SUBSQ OFF - M: F

S500.04 9 - FOOD-HEALTH OR SAFETY - ALTER OR REMOVE FOOD LABELING 1ST OFF - M: S

S500.04 10 - FORGERY OF - FOOD MARK STAMP TAG LABEL ID DEVICE SUBSQ OFF - M: F

S500.04 10 - FORGERY OF - FOOD MARK STAMP TAG LABEL ID DEVICE 1ST OFF - M: S

S500.04 10 - COUNTERFEITING OF - SIM FOOD MARK STAMP TAG LABEL ID DVC SUBSQ OFF - M: F

S500.04 10 - COUNTERFEITING OF - SIM FOOD MARK STAMP TAG LABEL ID DVC 1ST OFF - M: S

S500.04 10 - FRAUD - FALSE REP USE WO AUTH FOOD ID DEVICE SUBSQ OFF - M: F

S500.04 10 - FRAUD - FALSE REP USE WO AUTH FOOD ID DEVICE 1ST OFF - M: S

Cases Citing Statute 500.04

Total Results: 5

Stadnik v. Shell's City, Inc.

140 So. 2d 871

Supreme Court of Florida | Filed: May 11, 1962 | Docket: 1522681

Cited 20 times | Published

to the rendition of professional services. Section 500.04, Florida Statutes, F.S.A. Moreover, appellants'

Reilly v. Amy's Kitchen, Inc.

2 F. Supp. 3d 1300, 2014 U.S. Dist. LEXIS 31608, 2014 WL 905419

District Court, S.D. Florida | Filed: Mar 7, 2014 | Docket: 64293505

Cited 2 times | Published

products are mis-branded in violation of Fla. Stat. § 500.04. Id. ¶ 21. *1302Plaintiff alleges that she has

Uri Marrache v. Bacardi U.S.A., Inc.

Court of Appeals for the Eleventh Circuit | Filed: Nov 8, 2021 | Docket: 60804289

Published

and the other class members in viola- tion of section 500.04(1)–(3), which prohibits (1) the “manufacture

City of Riviera Beach v. Florida Department of Environmental Regulation

502 So. 2d 1337, 1987 Fla. App. LEXIS 6914, 12 Fla. L. Weekly 637

District Court of Appeal of Florida | Filed: Feb 25, 1987 | Docket: 64625273

Published

reservoir, treatment plant Transfer station (See Section 500.4). [Emphasis added.] Section 500.5 of the Zoning

Hunter v. Florida Board of Pharmacy

162 So. 2d 524, 1964 Fla. App. LEXIS 4637

District Court of Appeal of Florida | Filed: Mar 10, 1964 | Docket: 60220545

Published

S.A., and in misbranding drugs in violation of § 500.04 (1). The Board’s order thereupon suspended appellant’s