Florida Regulations 5G-1.005: Unlawful Transportation of Uninspected Tomatoes, Avocadoes or Limes
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(1) Arrest, appearance bond and prosecution. Any person who transports outside the boundaries of the production area any tomatoes, avocadoes or limes, when 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 1937, as amended, which are not accompanied by a certificate of inspection, certifying that the said tomatoes, avocadoes or limes meet the requirements of any regulations issued by the secretary of the United States Department of Agriculture then in effect, signed by a duly authorized inspector of the Department of Agriculture and Consumer Services, is subject to the legal processes of arrest, posting of appearance bond and prosecution under the provisions of Florida Statutes § 603.151
(2) Exemption for personal use. As an exemption to prosecution, each person may transport outside the boundaries of the regulated area for his personal use an amount of uninspected tomatoes, avocadoes or limes established by regulations of the secretary of the United States Department of Agriculture.
(3) Disposition of tomatoes, avocadoes or limes not accompanied by certificate of inspection. Tomatoes, avocadoes or limes that are being transported without being accompanied by a valid certificate of inspection when subject to regulations issued by the secretary of the United States Department of Agriculture may be disposed of by one of the following methods:
(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 inspector of the Department of Agriculture and Consumer Services for certification of compliance with all regulations of the secretary of the United States Department of Agriculture then in effect. In such case, the owner or transporter, following inspection, will advise the supervisor of the Road Guard Bureau of the inspection station he will exit the regulated area.
(b) Donated to a charitable or state institution or to a public or private school.
(c) By destruction within the regulated 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 603.151 FS. Law Implemented Florida Statutes § 603.151. History-New 3-1-73, Repromulgated 12-31-74, Formerly 5G-1.05, Amended 7-6-89.
Terms Used In Florida Regulations 5G-1.005
- Arrest: Taking physical custody of a person by lawful authority.
(3) Disposition of tomatoes, avocadoes or limes not accompanied by certificate of inspection. Tomatoes, avocadoes or limes that are being transported without being accompanied by a valid certificate of inspection when subject to regulations issued by the secretary of the United States Department of Agriculture may be disposed of by one of the following methods:
(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 inspector of the Department of Agriculture and Consumer Services for certification of compliance with all regulations of the secretary of the United States Department of Agriculture then in effect. In such case, the owner or transporter, following inspection, will advise the supervisor of the Road Guard Bureau of the inspection station he will exit the regulated area.
(b) Donated to a charitable or state institution or to a public or private school.
(c) By destruction within the regulated 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 603.151 FS. Law Implemented Florida Statutes § 603.151. History-New 3-1-73, Repromulgated 12-31-74, Formerly 5G-1.05, Amended 7-6-89.