Florida Statute 601.46 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXV
AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY

Chapter 601
FLORIDA CITRUS CODE

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F.S. 601.46

601.46 Condition precedent to sale of citrus fruit.—

(1) It is unlawful, except as provided in s. 601.50, for any person to sell or offer for sale, transport, prepare, receive, or deliver for transportation or market any citrus fruit in fresh form unless such fruit has matured in accordance with the maturity standards and is accompanied by a certificate of inspection and maturity thereof issued by a duly authorized citrus fruit inspector of the Department of Agriculture. However, the Department of Citrus may adopt rules providing that, in lieu of the accompaniment of such shipment by a certificate of inspection and maturity, the fact of such inspection may be shown by appropriate means on the manifest or bill of lading covering such shipment.

(2) Inspection for maturity may be made at any time, anywhere, after the fruit is severed from the tree until the shipment, after inspection and certification, is accepted by common carrier or until it has been transported beyond the state lines where being transported other than by a common carrier.

(3) Shipments in bulk, either by common carrier or otherwise, to a packinghouse for repacking in Florida must be reinspected and certified before final delivery to a carrier. However, only one inspection fee shall be paid by the shipper.

(4) It shall be unlawful at any time for any person to sell or offer for sale, transport, prepare, receive, or deliver for transportation or market any citrus fruit which is immature or otherwise unfit for human consumption, or for any person to receive any such citrus fruit under a contract of sale, or for the purpose of sale, offering for sale, transportation, or delivery for transportation thereof. However, these provisions shall not apply to sale of citrus fruit “on the trees” or to common carriers or their agents when the fruit accepted for transportation or transported by any common carrier is accompanied by proper proof of inspection, maturity, and grade.

History.—s. 46, ch. 25149, 1949; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; ss. 1, 2, 3, 4, ch. 73-11; s. 35, ch. 2012-182.

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Amendments to 601.46

Arrestable Offenses / Crimes under Fla. Stat. 601.46

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

S601.46 - FOOD-HEALTH OR SAFETY - DELIVER IMMATURE CITRUS FRUIT FOR MARKET - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 601.46

Total Results: 2

Avatar Development Corp. v. State

Court: Fla. | Date Filed: 1998-10-22T00:53:00-07:00

Citation: 723 So. 2d 199

Snippet: delegation of legislative power because section 601.46(1) clearly "sets forth what constitutes unlawful…upon which the permits are issued. [6] Section 601.46 provides, in pertinent part: (1) It is unlawful…Department of Agriculture and Consumer Services. § 601.46(1), Fla. Stat. (1977). [7] Section 601.50 states

Rosslow v. State

Court: Fla. | Date Filed: 1981-07-16T00:53:00-07:00

Citation: 401 So. 2d 1107

Snippet: inspection and maturity" as required by section 601.46(1), Florida Statutes (1977). That section provides…, the exception provision enumerated in section 601.46, states: Exemptions; sale or shipment of citrus… Irrespective of the provisions of ss. 601.45, 601.46, 601.48, 601.49, 601.51, and 601.52, the Department…inspection fees that may be due thereon. Section 601.46 makes it unlawful to transport citrus without an…effect chooses which acts are illegal under section 601.46 and which acts are not. This, appellant claims,