(1) An operator may not knowingly and willfully misrepresent the identity of any food or food product to any of the patrons of such establishment. The identity of food or a food product is misrepresented if:
(a) The description of the food or food product is false or misleading in any particular;
(b) The food or food product is served, sold, or distributed under the name of another food or food product; or
(c) The food or food product purports to be or is represented as a food or food product that does not conform to a definition of identity and standard of quality if such definition of identity and standard of quality has been established by custom and usage.
(2) If the food or food product is a fruit or fruit juice, its identity is misrepresented if:
(a) The description of the fruit or fruit juice is false or misleading in any particular;
(b) The fruit or fruit juice is served, sold, or distributed under the name of another fruit or fruit juice; or
(c) A synthetic or flavored drink is sold purporting to be fruit juice.
The term “fresh juice” refers to a juice without additives and prepared from the original fruit within 12 hours or less of sale.
(3) Any person who violates any provision of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 57-412; s. 482, ch. 71-136; s. 7, ch. 71-157; s. 22, ch. 73-325; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 25, 39, 42, ch. 79-240; ss. 3, 4, ch. 81-161; ss. 2, 3, ch. 81-318; ss. 33, 51, 52, ch. 90-339; s. 4, ch. 91-429.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 509 - Lodging and Food Service Establishments; Membership Campgrounds
Part I - Public Lodging and Public Food Service Establishments (Ss. 509.013-509.417)
509.035 - Immediate closure due to severe public health threat.
509.036 - Public food service inspector standardization.
509.039 - Food service manager certification.
509.049 - Food service employee training.
509.072 - Hotel and Restaurant Trust Fund; collection and disposition of moneys received.
509.091 - Notices; form and service.
509.098 - Prohibition of hourly rates.
509.102 - Mobile food dispensing vehicles; preemption.
509.111 - Liability for property of guests.
509.142 - Conduct on premises; refusal of service.
509.144 - Prohibited handbill distribution in a public lodging establishment; penalties.
509.151 - Obtaining food or lodging with intent to defraud; penalty.
509.161 - Rules of evidence in prosecutions.
509.162 - Theft of personal property; detaining and arrest of violator; theft by employee.
509.2015 - Telephone surcharges by public lodging establishments.
509.2112 - Public lodging establishments three stories or more in height; inspection rules.
509.213 - Emergency first aid to choking victims.
509.214 - Notification of automatic gratuity charge.
509.2151 - Dining facility firesafety requirement limitation.
509.221 - Sanitary regulations.
509.232 - School carnivals and fairs; exemption from certain food service regulations.
509.241 - Licenses required; exceptions.
509.242 - Public lodging establishments; classifications.
509.261 - Revocation or suspension of licenses; fines; procedure.
509.271 - Prerequisite for issuance of municipal or county occupational license.
509.281 - Prosecution for violation; duty of state attorney; penalties.
509.285 - Enforcement; city and county officers to assist.
509.292 - Misrepresenting food or food product; penalty.
509.302 - Hospitality Education Program.
509.4005 - Applicability of ss. 509.401-509.417.
509.401 - Operator’s right to lockout.
509.402 - Operator’s right to recover premises.
509.403 - Operator’s writ of distress.
509.404 - Writ of distress; venue and jurisdiction.
509.405 - Complaint; requirements.
509.406 - Prejudgment writ of distress.
509.407 - Writ of distress; levy of writ.
509.408 - Prejudgment writ; form; return.
509.411 - Exemptions from writ of distress.
509.412 - Writ; claims by third persons.
509.413 - Judgment for plaintiff when goods not delivered to defendant.
509.414 - Judgment for plaintiff when goods retained by or redelivered to defendant.
509.415 - Judgment for defendant when goods are retained by or redelivered to the defendant.
509.416 - Judgment for defendant when goods are not retained by or redelivered to the defendant.