Florida Statute 601.91 | 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. 601.91

601.91 Unlawful to sell, transport, prepare, receive, or deliver freeze-damaged citrus.—

(1) It is unlawful at any time for any person to sell or offer for sale, to transport, or to prepare, receive, or deliver for transportation or market, except for canning, concentrating, or byproduct purposes within the state, any citrus fruit seriously damaged by freezing, as defined in s. 601.89. Not more than 15 percent by count of the citrus fruit in any one container or bulk lot may be seriously damaged by freezing injury; but not more than one-third of this tolerance shall be allowed for citrus fruit now or hereafter deemed adulterated by federal law or regulation.

(2) No lot of citrus fruit seriously damaged by freezing may be mixed with other lots of citrus fruit which are free from damage by freezing resulting in concealment of inferior fruit and thereby reducing the percentage of defective fruit in the seriously damaged lot to within the tolerance permitted for error in grading only.

(3) The manner and method of drawing samples and conducting tests under this section shall be prescribed by rules of the Department of Citrus. The inspection in the state of all citrus fruits seriously damaged by freezing and the enforcement of this section and of rules and orders of the department pursuant to and under authority of this section shall be under the direction, supervision, and control of the Department of Agriculture and its duly authorized agents and inspectors who are qualified under existing laws to inspect for grade and maturity, and all citrus fruits that may be found to be seriously damaged by freezing, as defined by s. 601.89, upon inspection and testing shall be seized and may be confiscated and destroyed under the supervision of the citrus fruit inspector at the expense of the owner unless previous disposition is made by the owner or other person who offered the same for inspection, all the provisions of this section being subject to such reasonable rules as may be adopted by the Department of Citrus.

History.—s. 91, ch. 25149, 1949; ss. 14, 35, ch. 69-106; s. 7, ch. 71-185; s. 22, ch. 71-186; s. 6, ch. 78-95; s. 64, ch. 2012-182.

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Amendments to 601.91

Arrestable Offenses / Crimes under Fla. Stat. 601.91

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

S601.91 - FOOD-ADULTERATED - SELL TRANS PREPARE RECEIVE FREEZE DMG CITRUS - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 601.91

Total Results: 4

State v. Adkins

Court: Supreme Court of Florida | Date Filed: 2012-07-12

Citation: 96 So. 3d 412, 37 Fla. L. Weekly Supp. 449, 2012 Fla. LEXIS 1365, 2012 WL 2849485

Snippet: similarly relies upon United States v. Freed, 401 U.S. 601, 91 S.Ct. 1112, 28 L.Ed.2d 356 (1971), and United States

State v. Rubio

Court: District Court of Appeal of Florida | Date Filed: 2005-12-30

Citation: 917 So. 2d 383, 2005 WL 3555898

Snippet: For example, United States v. Freed, 401 U.S. 601, 91 S.Ct. 1112, 28 L.Ed.2d 356 (1971), involved a federal

State v. Oxx

Court: District Court of Appeal of Florida | Date Filed: 1982-07-21

Citation: 417 So. 2d 287

Snippet: of. See, e.g., United States v. Freed, 401 U.S. 601, 91 S.Ct. 1112, 28 L.Ed.2d 356 (1971) (statute making

Rabinowitz v. Keefer

Court: Supreme Court of Florida | Date Filed: 1931-01-12

Citation: 132 So. 297, 100 Fla. 1723

Snippet: 117 N.E. R. 756; Beatson v. Bowers, 174 Ind. 601, 91 N.E. R. 922; Litchfield v. Ferguson, 141 Mass.