Florida Regulations 5G-1.004: Unlawful Transportation and Sale of Uninspected Fresh Citrus Fruit
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(1) Arrest, appearance bond and prosecution. Any person who transports outside the boundaries of the production area as defined in federal marketing order 905 any fresh citrus fruit subject to any regulations issued by the secretary of the United States Department of Agriculture under the authority and provisions of the Agricultural Marketing Agreement Act of 1939, as amended, which is not accompanied by a certificate of inspection and maturity, certifying that said citrus fruit meets the requirements of the regulations issued by the secretary of the United States Department of Agriculture then in effect, and signed by a duly authorized inspector of the Department of Agriculture and Consumer Services or a permit issued by the Department of Citrus pursuant to the provisions of Florida Statutes § 601.50, and Department or Citrus Regulation 105-1.11, is subject to the legal processes of arrest, posting of appearance bond, and prosecution under the provisions of Florida Statutes § 601.46
(2) Exemption for personal use. As an exemption to prosecution, each person may transport outside the boundaries of the production area for his personal use an amount of uninspected or unpermitted fresh citrus fruit as established by regulations of the secretary of the United States Department of Agriculture.
(3) Disposition of uninspected or unpermitted fruit. Uninspected or unpermitted fresh citrus fruit that is transported without certificate of inspection and maturity or permit may be disposed of under the supervision of an inspector of the Road Guard Bureau of the Department of Agriculture and Consumer Services upon the execution of a statement furnished by the Department of Agriculture and Consumer Services and witnessed by an inspector of the Road Guard Bureau, in the following manner:
(a) Returned by the owner or transporter at his expense to the point of origin or other approved fruit inspection station for inspection by an authorized fresh citrus fruit inspector of the Department of Agriculture and Consumer Services, or for the purpose of obtaining a refund of purchase price from the seller, in which case the owner or transporter will advise the supervisor of the Road Guard Bureau of his point of exit from the production area.
(b) Donated to a charitable or state institution or to a public or private school.
(c) By destruction within the production area upon approval of an inspector of the Road Guard Bureau of the Department of Agriculture and Consumer Services in a manner consistent with state pollution control laws.
Rulemaking Authority Florida Statutes § 601.29(1). Law Implemented 601.46, 601.51 FS. History-New 3-1-73, Repromulgated 12-31-74, Formerly 5G-1.04.
Terms Used In Florida Regulations 5G-1.004
- Arrest: Taking physical custody of a person by lawful authority.
(3) Disposition of uninspected or unpermitted fruit. Uninspected or unpermitted fresh citrus fruit that is transported without certificate of inspection and maturity or permit may be disposed of under the supervision of an inspector of the Road Guard Bureau of the Department of Agriculture and Consumer Services upon the execution of a statement furnished by the Department of Agriculture and Consumer Services and witnessed by an inspector of the Road Guard Bureau, in the following manner:
(a) Returned by the owner or transporter at his expense to the point of origin or other approved fruit inspection station for inspection by an authorized fresh citrus fruit inspector of the Department of Agriculture and Consumer Services, or for the purpose of obtaining a refund of purchase price from the seller, in which case the owner or transporter will advise the supervisor of the Road Guard Bureau of his point of exit from the production area.
(b) Donated to a charitable or state institution or to a public or private school.
(c) By destruction within the production area upon approval of an inspector of the Road Guard Bureau of the Department of Agriculture and Consumer Services in a manner consistent with state pollution control laws.
Rulemaking Authority Florida Statutes § 601.29(1). Law Implemented 601.46, 601.51 FS. History-New 3-1-73, Repromulgated 12-31-74, Formerly 5G-1.04.