(1) Any person who violates any provision of s. 500.04 is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; but, if the violation is committed after a conviction of such person under this section has become final, such person is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) No person shall be subject to the penalties of subsection (1) for having violated s. 500.04(1) or (3) if he or she establishes a guaranty or undertaking, which guaranty or undertaking is signed by and contains the name and address of the person residing in the state or the manufacturer from whom he or she received the article in good faith, to the effect that such article is not adulterated or misbranded within the meaning of this chapter, citing the appropriate section thereof.
(3) A publisher, radio-broadcast licensee, or agency or medium for the dissemination of an advertisement, except the food establishment or the seller of the article to which a false advertisement relates, is not liable under this section by reason of the dissemination of such false advertisement, unless the publisher, licensee, or agency or medium refuses, on the request of the department, to furnish the name and post office address of the food establishment, seller, or advertising agency in the state which caused the dissemination of such advertisement.
History.—s. 5, ch. 19656, 1939; CGL 1940 Supp. 7678(1); ss. 14, 19, 35, ch. 69-106; s. 451, ch. 71-136; s. 429, ch. 77-147; s. 3, ch. 81-36; s. 18, ch. 82-225; s. 122, ch. 83-218; s. 20, ch. 87-388; s. 19, ch. 94-180; s. 607, ch. 97-103; s. 23, ch. 97-220.
Note.—Former s. 500.24.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
500.01 - Florida Food Safety Act; Short Title.
500.03 - Definitions; Construction; Applicability.
500.032 - Declaration of Policy and Cooperation Among Departments.
500.033 - Florida Food Safety and Food Defense Advisory Council.
500.09 - Rulemaking; Analytical Work.
500.10 - Food Deemed Adulterated.
500.11 - Food Deemed Misbranded.
500.115 - Advertisement of Food Deemed False.
500.12 - Food Permits; Building Permits.
500.121 - Disciplinary Procedures.
500.13 - Addition of Poisonous or Deleterious Substance to Food.
500.147 - Inspection of Food Establishments, Food Records, and Vehicles.
500.148 - Reports and Dissemination of Information; Confidentiality.
500.149 - Employment of Help; Expenses and Salaries.
500.165 - Transporting Shipments of Food Items; Rules; Penalty.
500.166 - Records of Interstate Shipment.
500.167 - Carriers in Interstate Commerce; Exception.
500.169 - Enforcement of Federal Act.
500.171 - Injunction to Restrain Violation.
500.173 - Causes for Seizure and Condemnation of Foods.
500.174 - Seizure; Procedure; Prohibition on Sale or Disposal of Article; Penalty.
500.175 - Condemnation and Sale; Release of Seized Article.
500.177 - Penalty for Violation of S. 500.04; Dissemination of False Advertisement.
500.178 - Duty of State Attorney.
500.179 - Issuance of Warnings for Minor Violations.
500.451 - Horse Meat; Offenses.
500.459 - Water Vending Machines.
500.511 - Fees; Enforcement; Preemption.
500.60 - Regulation of Meat Preempted to State.
500.80 - Cottage Food Operations.
500.81 - Healthy Food Financing Initiative.
500.90 - Regulation of Polystyrene Products Preempted to Department.