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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Chapter 502
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F.S. 502.165
502.165 Imitation and substitute milk and milk products.
(1) DISPLAY.All imitation and substitute milk and milk products sold in retail food stores shall be physically separated from milk or milk products by a partition or other device or divider in the dairy display case or other display-and-sale area.
(2) HEALTH STANDARDS.In the interest of public health, imitation or substitute milk and milk products shall comply with the following standards:
(a) Temperature.They shall be cooled to and maintained at 45° F. or 7° C. or less.
(b) Bacterial limits.Bacterial limits shall be no greater than 20,000 per ml. However, these limits shall not apply to cultured products.
(c) Coliform.Coliform shall not exceed 10 per ml.
(3) PERMIT.Any person engaged in the manufacture of imitation or substitute milk or imitation or substitute milk products within this state shall obtain a permit from the department. Manufacturers of imitation or substitute milk or milk products outside this state shall hold a valid permit from the regulatory authority in their political jurisdiction and shall furnish the department a copy of the permit.
(4) PRODUCTS FOR SPECIAL DIETARY PURPOSES.Products for special dietary purposes shall not mean or include any milk or cream from which none of the milk or butterfat has been extracted, whether or not condensed, evaporated, concentrated, powdered, dried, or desiccated, or to which has been added any substance rich in vitamins, or any distinctive proprietary food compound not readily mistaken for milk or cream or for condensed, evaporated, concentrated, powdered, dried, or desiccated milk or cream, if the compound is:
(a) Prepared and designed for the feeding of infants, young children, or sick or infirm persons and customarily used on the order of a physician.
(b) Packed in individual containers bearing a label which states in bold type that the contents are to be used for these purposes.
(5) FORMULATION.Nothing in this section shall prevent the use, blending, or compounding of flavors with milk, cream, or skimmed or desiccated milk, whether in bulk or in containers, hermetically sealed or unsealed, if no fat or oil other than milkfat or butterfat has been added to or blended or compounded with it.
History.s. 1, ch. 85-94; s. 18, ch. 92-180; s. 5, ch. 93-68; ss. 11, 15, ch. 94-92.