Online Sunshine Logo
Official Internet Site of the Florida Legislature
February 21, 2024
Text: 'NEW Advanced Legislative Search'
Interpreter Services for the Deaf and Hard of Hearing
Go to MyFlorida House
Go to MyFlorida House
Select Year:  
The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 502
MILK, MILK PRODUCTS, AND FROZEN DESSERTS
View Entire Chapter
F.S. 502.012
502.012 Definitions.As used in this chapter, the term:
(1) “Bulk milk hauler/sampler” means a person who collects official samples and transports raw milk from a farm or raw milk products to or from a milk plant, receiving station, or transfer station and is permitted to sample the milk products by any state regulatory agency charged with implementing the United States Food and Drug Administration’s Grade “A” program.
(2) “Bulk milk pickup tanker” means a vehicle, including the truck and tank and those appurtenances necessary for its use, that is used to transport bulk raw milk for pasteurization, ultra-pasteurization, aseptic processing and packaging, or retort processing after packaging from a dairy farm to a milk plant, receiving station, or transfer station.
(3) “Dairy farm” means any place or premises where one or more lactating animals, including cows, goats, sheep, water buffalo, or other hooved mammals, are kept for milking purposes, and from which a part or all of the milk is provided, sold, or offered for sale.
(4) “Department” means the Department of Agriculture and Consumer Services.
(5) “Frozen dessert” means a specific standardized frozen dessert described in 21 C.F.R. part 135, excluding part 135.160.
(6) “Frozen desserts plant” means any place that pasteurizes dairy products or receives raw milk for the purpose of manufacturing or processing frozen desserts.
(7) “Grade ‘A’ pasteurized milk ordinance” means the document entitled “Grade ‘A’ Pasteurized Milk Ordinance, United States Department of Health and Human Services, Public Health Service, Food and Drug Administration,” including all associated appendices, as adopted by department rule.
(8) “Imitation milk and imitation milk products” means those foods that have the physical characteristics, such as taste, flavor, body, texture, or appearance, of milk or milk products as defined in this chapter and the Grade “A” pasteurized milk ordinance but do not come within the definition of “milk” or “milk products” and are nutritionally inferior to the product imitated.
(9) “Milk” means the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows, goats, sheep, water buffalo, or other hooved mammals.
(10) “Milk distributor” means any person who offers for sale or sells to another person any milk or milk product.
(11) “Milk hauler” means any person who transports raw milk or raw milk products to or from a milk plant, receiving station, or transfer station.
(12) “Milk plant” means any place, premises, or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, ultra-pasteurized, aseptically processed and packaged, retort processed after packaging, condensed, dried, packaged, bottled, or prepared for distribution.
(13) “Milk plant operator” means any person responsible for receiving, processing, pasteurizing, or packaging milk and milk products, or performing any other related operation.
(14) “Milk producer” means any person who operates a dairy farm and provides, sells, or offers for sale milk to a milk plant, receiving station, or transfer station.
(15) “Milk products” means products made with milk that is processed in some manner, including being whipped, acidified, cultured, concentrated, lactose-reduced, or sodium-reduced or aseptically processed, or having the addition or subtraction of milkfat, the addition of safe and suitable microbial organisms, or the addition of safe and suitable optional ingredients for protein, vitamin, or mineral fortification. The term does not include products such as evaporated milk, condensed milk, eggnog in a rigid metal container, dietary products, infant formula, or ice cream and other desserts.
(16) “Milk tank truck” means either a bulk milk pickup tanker or a milk transport tank.
(17) “Milk transport tank” means a vehicle, including the truck and tank, used by a bulk milk hauler/sampler or a milk hauler to transport bulk shipments of milk from a milk plant, receiving station, or transfer station to another milk plant, receiving station, or transfer station.
(18) “Milkfat” or “butterfat” means the fat contained in milk.
(19) “Raw milk” means unpasteurized milk.
(20) “Receiving station” means any place, premises, or establishment where raw milk is received, collected, handled, stored, or cooled and prepared for further transporting.
(21) “Reconstituted milk or milk products” or “recombined milk or milk products” means milk or milk products that result from reconstituting or recombining milk constituents with potable water.
(22) “Retail” means the sale of goods to the public for use or consumption rather than for resale.
(23) “Substitute milk and substitute milk products” means those foods that have the physical characteristics, such as taste, flavor, body, texture, or appearance, of milk or milk products as defined in this chapter and the Grade “A” pasteurized milk ordinance but do not come within the definition of “milk” or “milk products” and are nutritionally equivalent to the product for which they are substitutes.
(24) “Transfer station” means any place, premises, or establishment where milk or milk products are transferred directly from one milk tank truck to another.
(25) “Ultra-pasteurization (UP)” means a process in which milk or milk product is thermally processed at or above 138 degrees Celsius or 280 degrees Fahrenheit for at least 2 seconds, before or after packaging, so as to produce a milk or milk product that has an extended shelf life under refrigerated conditions.
(26) “Washing station” means any place, premises, or establishment where milk tank trucks are cleaned and sanitized.
(27) “Wholesale” means the selling of goods in quantity to be retailed by others.
History.s. 2, ch. 67-263; ss. 14, 35, ch. 69-106; s. 1, ch. 70-247; ss. 2, 3, ch. 71-211; s. 187, ch. 71-377; s. 1, ch. 73-356; s. 1, ch. 75-14; s. 1, ch. 76-282; s. 1, ch. 77-174; ss. 1, 7, ch. 80-83; s. 4, ch. 85-94; s. 1, ch. 91-64; s. 5, ch. 93-68; ss. 1, 15, ch. 94-92; s. 12, ch. 2001-279; s. 4, ch. 2007-67; s. 18, ch. 2011-206; s. 11, ch. 2023-154.