Florida Statute 501.001 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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

Chapter 501
CONSUMER PROTECTION

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F.S. 501.001

501.001 Florida Anti-Tampering Act.—

(1) DEFINITIONS.—As used in this section:

(a) “Consumer product” includes:

1. “Food,” which means:

a. Any article used for food or drink for humans or other animals;

b. Chewing gum; or

c. Any article intended for use as a component of any article specified in sub-subparagraph a. or sub-subparagraph b.

2. “Drug,” which means:

a. Any agent or product recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement thereof;

b. Any agent or product intended for use in the diagnosis, cure, mitigation, treatment, therapy, or prevention of disease in humans or other animals;

c. Any agent or product, other than food, intended to affect the structure or any function of the body of humans or other animals; or

d. Any agent or product intended for use as a component of any agent or product specified in sub-subparagraph a., sub-subparagraph b., or sub-subparagraph c., but does not include devices or their components, parts, or accessories.

3. “Device,” which means any instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is:

a. Recognized in the official National Formulary or the United States Pharmacopoeia, or any supplement thereof;

b. Intended for use in the diagnosis, cure, mitigation, treatment, therapy, or prevention of disease in humans or other animals; or

c. Intended to affect the structure or any function of the body of humans or other animals,

and which does not achieve any of its principal intended purposes through chemical action within or on the body of humans or other animals and is not dependent upon being metabolized for the achievement of any of its principal intended purposes.

4. “Cosmetic,” which means:

a. Any substance or product intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, but does not include soap; or

b. Any substance or product intended for use as a component of any substance or product specified in sub-subparagraph a.

(b) “Labeling” means all labels and other written, printed, or graphic matter upon any article, agent, product, or substance, or any of its containers or wrappers, or accompanying such article, agent, product, or substance.

1. A cut, abrasion, bruise, burn, or disfigurement;

2. Physical pain;

3. Illness;

4. Impairment of the function of a bodily member, organ, or mental faculty; or

5. Any other injury to the body, no matter how temporary.

(2) TAMPERING; PENALTIES.—

(a) Whoever, with reckless disregard for the risk that another person will be placed in danger of death or bodily injury, tampers with, or conspires or attempts to tamper with, any consumer product or the labeling of, or container for, any such product is guilty of a felony of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) Whoever, with intent to cause serious injury to the business of any person, tampers with any consumer product or renders materially false or misleading the labeling of, or container for, a consumer product is guilty of a felony of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(c)1. Whoever knowingly communicates false information that a consumer product has been tampered with, if such tampering, had it occurred, would create a risk of death or bodily injury to another person, is guilty of a felony of the second degree, punishable as provided in s. 775.082 or s. 775.083.

2. “Communicates false information” means to communicate information that is false, and that the communicator knows is false, under circumstances in which the information may reasonably be expected to be believed.

(d) Whoever knowingly threatens, under circumstances in which the threat may reasonably be expected to be believed, that he or she will commit or cause to be committed an act which would violate paragraph (a) is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

(3)(a) In addition to any other agency which has authority to investigate and prosecute violations of this section, the Department of Agriculture and Consumer Services, under chapter 500, shall initiate actions necessary to safeguard the public welfare by identifying and removing suspect foods from consumer channels and shall coordinate such actions with other interested agencies if food tampering is identified, alleged, or suspected.

(b) In addition to any other agency which has authority to investigate and prosecute violations of this section, the Department of Health, under chapter 499, shall initiate actions necessary to safeguard the public welfare by identifying and removing suspect drugs, devices, or cosmetics from consumer channels if drug, device, or cosmetic tampering is identified, alleged, or suspected.

History.—s. 2, ch. 87-57; s. 609, ch. 97-103; s. 244, ch. 99-8.

F.S. 501.001 on Google Scholar

F.S. 501.001 on Casetext

Amendments to 501.001

Arrestable Offenses / Crimes under Fla. Stat. 501.001

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

S501.001 2a - HEALTH-SAFETY - RECKLESS TAMPER W PRODUCT ETC RISK INJ DEATH - F: F

S501.001 2b - HEALTH-SAFETY - WIT SERIOUS INJ BUSN BY FALSE LABEL CONTAINER - F: S

S501.001 2b - HEALTH-SAFETY - WIT SERIOUSLY INJ BUSN BY TAMPER WITH PRODUCT - F: S

S501.001 2c - FRAUD-FALSE STATEMENT - INFORMATION REGARDING PRODUCT TAMPERING - F: S

S501.001 2d - INTIMIDATION - THREAT TO TAMPER W PRODUCT CAUSE DEATH INJURY - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 501.001

Total Results: 20

Roman v. Sos

Court: District Court of Appeal of Florida | Date Filed: 2024-09-06

Snippet: However, Florida Standard Jury Instruction (Civil) 501.1(b) states that such a consideration is only to occur

M.K. and JAMES WALSH, Attorney ad Litem, on behalf of A.P., a Minor Child v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2023-12-20

Snippet: person “ha[ving] knowledge of the facts.” See §§ 39.501(1); 39.802(1), Fla. Stat. (2022); Fla. R. Juv. P.

CITY OF HOLLYWOOD v. EDWARD C. PERRIN

Court: District Court of Appeal of Florida | Date Filed: 2020-03-25

Snippet: violation of subsections (a) and (f) of section 447.501(1), Florida Statutes (2018), which state: (1)

In Re: Standard Jury Instructions in Civil Cases - Report No. 19-04

Court: Supreme Court of Florida | Date Filed: 2020-01-23

Snippet: this action you apportion to each of them. [501.1(b)] If your verdict is for Richard Rowe you will

Alfonso v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-06-06

Citation: 248 So. 3d 1246

Snippet: against the City for violation of section 447.501(1)(a) and (c) and alleged the City unilaterally altered

In Re: Standard Jury Instructions in Civil Cases-Report No. 17-03.

Court: Supreme Court of Florida | Date Filed: 2018-02-01

Citation: 236 So. 3d 919

Snippet: you apportion to each of them. [501.1(b)] If your verdict is for Richard Rowe you will

In the Interest of: B.R.C.M., A Minor Child v. Florida Department of Children and Families

Court: Supreme Court of Florida | Date Filed: 2017-04-20

Citation: 215 So. 3d 1219, 42 Fla. L. Weekly Supp. 472, 2017 WL 1709786, 2017 Fla. LEXIS 892

Snippet: of them and believes that they are true.” § 39.501(1), Fla. Stat. (2014). See Fla. R. Juv. P. 8.201(a)(2)

Gustafsson v. Aid Auto Brokers, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2017-01-25

Citation: 212 So. 3d 405, 2017 WL 362579, 2017 Fla. App. LEXIS 767

Snippet: of the favorable fee calculation under Chapter 501,1 while disavowing their election to limit their fee

O.I.C.L., a Minor Child v. Florida Department of Children and Families

Court: Supreme Court of Florida | Date Filed: 2016-09-22

Citation: 205 So. 3d 575, 41 Fla. L. Weekly Supp. 405, 2016 Fla. LEXIS 2072

Snippet: of them and believes that they are true.” § 39.501(1), Fla. Stat. (emphasis added). See also Fla. R.

Richard and Chernecky v. Richard

Court: District Court of Appeal of Florida | Date Filed: 2016-05-04

Citation: 193 So. 3d 964, 2016 WL 2340787, 2016 Fla. App. LEXIS 6747

Snippet: language no longer appears in the law. See § 733.501(1), Fla. Stat. (2012). To that extent, neither case

R.J., a child v. Florida Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2016-03-16

Citation: 187 So. 3d 362, 2016 Fla. App. LEXIS 4110, 2016 WL 1039178

Snippet: bringing a dependency action. However, section 39.501(1) provides that that “an attorney for the department

Ori Avraham Gordin and Teresa Shelley v. Estate of Shelley Wilensky Shelley Maisel a/k/a Shelley W. Shelley and Daniel W. Shelley

Court: District Court of Appeal of Florida | Date Filed: 2015-11-25

Citation: 179 So. 3d 518, 2015 Fla. App. LEXIS 17910

Snippet: which is specifically authorized by section 733.501(1), Florida Statutes (2014) (“The curator may- be

Amalgamated Transit Union Local 1593 v. Hillsborough Area Regional Transit

Court: District Court of Appeal of Florida | Date Filed: 2014-04-04

Citation: 139 So. 3d 345, 2014 WL 1344508, 2014 Fla. App. LEXIS 5034

Snippet: failed ratification vote, thus violating section 447.501(1)(a) and (c); conducting a legislative body impasse

Florida State Fire Service Ass'n, IAFF, Local S-20 v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-11-12

Citation: 128 So. 3d 160, 2013 WL 5988613, 2013 Fla. App. LEXIS 17970

Snippet: implemented in Chapter 447, Florida Statutes. Section 447.501(1) provides in pertinent part: (1) Public employers

In re Standard Jury Instructions in Civil Case—Report No. 12-01

Court: Supreme Court of Florida | Date Filed: 2013-05-30

Citation: 130 So. 3d 596, 2013 WL 2349287

Snippet: the Court amends as proposed jury instruction 501.1 (Personal Injury and Property Damages: Introduction)

In re Standard Jury Instructions in Civil Cases

Court: Supreme Court of Florida | Date Filed: 2013-05-23

Citation: 115 So. 3d 208, 2013 WL 2248678

Snippet: parties to this action was caused by each of them. [501.1(b) ] If your verdict is for Richard Rowe you will

Sheriff of Palm Beach County v. Palm Beach County Police Benevolent Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2012-09-06

Citation: 97 So. 3d 933, 2012 WL 3870604, 2012 Fla. App. LEXIS 14871

Snippet: determined that the Sheriffs Office violated section 447.501(1), Florida Statutes by refusing to process a former

Florida Department of Children & Families v. Y.C.

Court: District Court of Appeal of Florida | Date Filed: 2012-03-07

Citation: 82 So. 3d 1139, 2012 WL 716091, 2012 Fla. App. LEXIS 3676

Snippet: parent, may file a petition for dependency. See § 39.501(1), Fla. Stat. (2010). Reliance on that language to

School District of Polk County v. Polk County Non-Industrial Employees Union, Local 227

Court: District Court of Appeal of Florida | Date Filed: 2011-08-17

Citation: 100 So. 3d 16, 2011 Fla. App. LEXIS 12892, 2011 WL 3602947

Snippet: that the School District violated sections 447.501(1)(a) and (c) by failing to collectively bargain with

School District of Polk County v. Polk Education Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2011-08-17

Citation: 100 So. 3d 11, 2011 Fla. App. LEXIS 12890, 2011 WL 3587413

Snippet: unfair labor practice and violated sections 447.501(1)(a) and (c), Florida Statutes (2008), by unilaterally