The 2023 Florida Statutes (including Special Session C)

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.

F.S. 601.46 on Google Scholar

F.S. 601.46 on Casetext

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 from cite.case.law:

AVATAR DEVELOPMENT CORPORATION v. STATE, 723 So. 2d 199 (Fla. 1998)

. . . Department of Citrus did not constitute an unconstitutional delegation of legislative power because section 601.46 . . . Section 601.46 provides, in pertinent part: (1)It is unlawful, except as provided in s. 601.50, for any . . . issued by a duly authorized fruit inspector of the Department of Agriculture and Consumer Services. § 601.46 . . .

ROSSLOW, v. STATE, 401 So. 2d 1107 (Fla. 1981)

. . . citrus fruit in fresh form without a “certificate of inspection and maturity” as required by section 601.46 . . . Section 601.50, Florida Statutes (1977), the exception provision enumerated in section 601.46, states . . . We find, however, that the legislature’s enactment of section 601.46, even with the exception provision . . . Section 601.46(1) explicitly sets forth what constitutes unlawful action under the section, transporting . . . Accordingly, we affirm and hold section 601.46, Florida Statutes (1977), constitutional. . . . Section 601.46(1), Florida Statutes (1977), defines a criminal offense. . . . creates several broadly defined categories of activity which are ex-eepted from the operation of section 601.46 . . . Therefore the definition of the criminal offense created by section 601.46 depends on the interpretation . . . Under section 601.46, it is a first-degree misdemeanor to sell, offer for sale, transport, prepare, receive . . . With its broad power to define the exceptions to section 601.46, the Department of Citrus has the power . . .