Florida Statute 500.10 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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

Chapter 500
FOOD PRODUCTS

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F.S. 500.10

500.10 Food deemed adulterated.—A food is deemed to be adulterated:

(1)(a) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health;

(b) If it bears or contains any added poisonous or added deleterious substance, other than one which is a pesticide chemical in or on a raw agricultural commodity; a food additive; or a color additive, which is unsafe within the meaning of s. 500.13(1);

(c) If it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of 21 U.S.C. s. 346(a) or s. 500.13(1);

(d) If it is or it bears or contains, any food additive which is unsafe within the meaning of 21 U.S.C. s. 348 or s. 500.13(1); provided that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or tolerance prescribed under 21 U.S.C. s. 346 or s. 500.13(1), and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed food shall, notwithstanding the provisions of s. 500.13, and this paragraph, not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice, and the concentration of such residue in the processed food when ready to eat, is not greater than the tolerance prescribed for the raw agricultural commodity;

(e) If it consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food;

(f) If it has been produced, prepared, packed, transported, or held under insanitary conditions whereby it may become contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health;

(g) If it is the product of a diseased animal or an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse; or

(h) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

(2)(a) If any valuable constituent has been in whole or in part omitted or abstracted therefrom;

(b) If any substance has been substituted wholly or in part therefor;

(d) If any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is.

(3) If it is confectionery and it bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of 0.4 percent, harmless natural gum, and pectin; however, this subsection shall not apply to any chewing gum by reason of its containing harmless nonnutritive masticatory substances; to any confectionery by reason of its containing less than 0.5 percent by volume of alcohol derived solely from the use of flavoring extracts; or to any candy by reason of its containing more than 0.5 percent but less than 5 percent by volume of alcohol derived from any source, if such candy:

(a) Is not sold to persons under 21 years of age;

(b) Is labeled with the following statement written in conspicuous print on the principal display panel of the package, or if sold in individual units, in a conspicuous manner adjacent to the product: “This product may not be sold to anyone under 21 years of age”;

(c) Is not sold in a form containing liquid alcohol so that it constitutes an alcoholic beverage under the Beverage Law; and

(d) Is distributed directly to Florida consumers only from permanent facilities owned or controlled by the product’s manufacturer, or from a vendor licensed pursuant to chapter 565, or from a vendor approved by the Department of Business and Professional Regulation consistent with rules adopted by such department establishing standards for such vendors.

(4) If it is or bears or contains any color additive which is unsafe within the meaning of the federal act or s. 500.13.

(5) If a dietary supplement or its ingredients present a significant risk of illness or injury due to:

(a) The recommended or suggested conditions of use on the product labeling;

(b) The failure to provide conditions of use on the product labeling; or

(c) An ingredient for which there is inadequate information to provide reasonable assurance that such ingredient does not present a significant risk of illness or injury.

History.—s. 10, ch. 19656, 1939; CGL 1940 Supp. 4151(678); s. 2, ch. 63-259; s. 1, ch. 87-269; s. 7, ch. 94-180; s. 200, ch. 94-218; s. 5, ch. 2016-61.

F.S. 500.10 on Google Scholar

F.S. 500.10 on Casetext

Amendments to 500.10

Arrestable Offenses / Crimes under Fla. Stat. 500.10

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 500.10.

Annotations, Discussions, Cases:

Cases Citing Statute 500.10

Total Results: 20

In Re Amendments to Fla. Rules for Mediators

Court: Supreme Court of Florida | Date Filed: 2000-02-03

Citation: 762 So. 2d 441, 2000 WL 124396

Snippet: Responsibility to the Courts, Rules 10.500-10.530 Rules 10.500-10.530 include a collection of the specific

Cervoni v. Cervoni

Court: District Court of Appeal of Florida | Date Filed: 1998-04-22

Citation: 715 So. 2d 282, 1998 WL 187247

Snippet: 000 3,000 Jewelry Not 2,500 10,000 Valued TOTALS 14,000

Adams v. Reichard

Court: District Court of Appeal of Florida | Date Filed: 1992-11-25

Citation: 615 So. 2d 700, 1992 Fla. App. LEXIS 11783, 1992 WL 361324

Snippet: $100,000 setoff as aforesaid is reduced to $60,500. 10. The remaining sum of $60,500 shall be paid forthwith

Maserati Automobiles Inc. v. Caplan

Court: District Court of Appeal of Florida | Date Filed: 1988-03-29

Citation: 522 So. 2d 993, 1988 WL 26271

Snippet: presented evidence that a reasonable fee was $7,500-$10,000 for the time spent on the Lemon Law and Magnuson-Moss

Schang v. Schang

Court: District Court of Appeal of Florida | Date Filed: 1987-12-17

Citation: 516 So. 2d 1098, 12 Fla. L. Weekly 2885, 1987 Fla. App. LEXIS 11751, 1987 WL 3203

Snippet: life insurance policy with a cash value of $2,500, $10,000 in stocks, $220 in an IRA, a group life plan

King v. State

Court: District Court of Appeal of Florida | Date Filed: 1984-02-29

Citation: 445 So. 2d 1108, 1984 Fla. App. LEXIS 12040

Snippet: following costs and fine against him: court costs of $500; $10 pursuant to section 960.20, Florida Statutes (1981)

Kirkpatrick v. City of Jacksonville ex rel. Department of Housing & Urban Development

Court: District Court of Appeal of Florida | Date Filed: 1977-11-23

Citation: 352 So. 2d 545, 1977 Fla. App. LEXIS 17096

Snippet: reviewing court. E. g., Hodge v. State, 29 Fla. 500,10 So. 556 (1892); Albritton v. State, 54 Fla. 6,

McMannis v. Mad-Ray Modulars, Inc.

Court: Supreme Court of Florida | Date Filed: 1974-02-06

Citation: 289 So. 2d 715, 1974 Fla. LEXIS 4460

Snippet: proper for attorney's fees in this cause: $16,500, $10,500, $9,000, and $15,000. Thus, were the question

Ringenberger v. General Accident Fire and Life Assurance Corporation

Court: District Court of Appeal of Florida | Date Filed: 1968-10-03

Citation: 214 So. 2d 376, 1968 Fla. App. LEXIS 4971

Snippet: General Accident tendered to Mr. Ringenberger $9,500 ($10,000 less $500 previously paid under a medical

American Express Co. v. Cochrane

Court: Supreme Court of Florida | Date Filed: 1931-11-07

Citation: 137 So. 696, 103 Fla. 426

Snippet: Quantity Denomination From To — Inclusive 500 $10. A 3490740 3491239 300

Intertype Corp. v. Pulver

Court: Supreme Court of Florida | Date Filed: 1931-03-17

Citation: 132 So. 830, 101 Fla. 1176

Snippet: 28 Law Ed. 981; Elwell vs. Fosdick, 134 U.S. 500, 10 Sup. Ct. Rep. 598, 33 Law Ed. 998; Bolen vs. Cumby

Benton v. State of Florida

Court: Supreme Court of Florida | Date Filed: 1928-05-11

Citation: 117 So. 878, 95 Fla. 919

Snippet: Fla., 22, 53 So.2d 610; Hodge v. State, 29 Fla., 500, 10 So.2d 556; Shumake v. State, 90, Fla., 133, 105

Walker v. State

Court: Supreme Court of Florida | Date Filed: 1927-05-20

Citation: 113 So. 96, 93 Fla. 1069

Snippet: in a criminal cause. See Hodge v. State,29 Fla. 500, 10 So.2d Rep. 556; Ellis v. State, 25 Fla. 702, 6

Pearce v. State

Court: Supreme Court of Florida | Date Filed: 1927-03-12

Citation: 112 So. 83, 93 Fla. 504

Snippet: Newton v. State, 21 Fla. 53, Hodge v. State,29 Fla. 500, 10 So.2d Rep. 556. The Court makes the order for issuing

Gillooley v. Vaughan

Court: Supreme Court of Florida | Date Filed: 1926-11-22

Citation: 110 So. 653, 92 Fla. 943

Snippet: Court in the cases of Hodges v. the State, 39 Fla. 500, 10 So. 556; Handley v. State, 50 Fla. 82, 39 So. 149;

Shumake v. State

Court: Supreme Court of Florida | Date Filed: 1925-07-10

Citation: 105 So. 314, 90 Fla. 133

Snippet: 511,10 South. Rep. 106; Hodge v. State, 29 Fla. 500, 10 South. Rep. 556; Knight v. State, 44 Fla. 94, 32

Mercer v. State

Court: Supreme Court of Florida | Date Filed: 1922-05-05

Citation: 83 Fla. 555, 92 So. 535

Snippet: in a criminal case. See Hodge v. State 29 Fla. 500, 10 South. Rep. 556. No abuse of discretion is shown

Nail v. Browning

Court: Supreme Court of Florida | Date Filed: 1917-10-17

Citation: 74 Fla. 108, 76 So. 679

Snippet: 1054 and note; Ellwell v. Focdick, 134 U. S. 500, 10 Sup. Ct. Rep. 598; Hoste v. Dalton, 137 Mich. 522

Barnes v. State

Court: Supreme Court of Florida | Date Filed: 1914-11-17

Citation: 68 Fla. 291, 67 So. 131

Snippet: statement by this Court in Hodge v. State, 29 Fla. 500, 10 South. Rep. 556, that while a verdict may be received

Cannon v. State

Court: Supreme Court of Florida | Date Filed: 1911-06-15

Citation: 62 Fla. 20

Snippet: 396, 20 South. Rep. 551; Hodge v. State, 29 Fla. 500, 10 South. Rep. 556; Miller v. State, 42 Fla. 266,