Fla. Stat. 500.174
Seizure; procedure; prohibition on sale or disposal of article; penalty

(1)

Whenever the department or its duly authorized agent finds cause, or has probable cause to believe that a ground exists for the seizure of any food as set out in this chapter, an agent of the department shall affix to the article a tag, stamp, or other appropriate marking, giving notice that the article is, or is suspected of being, subject to seizure under this chapter and that the article has been detained and seized by the department. The department shall also warn all persons not to remove or dispose of the article by sale or otherwise, until permission of the department, or of the court of competent jurisdiction in the jurisdiction of which the article was detained or seized, is given. It is unlawful for any person to remove or dispose of the detained or seized article by sale or otherwise without permission of the department or of the court in such cases. Any person who violates this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2)

Any person who sells candy containing more than 0.5 percent by volume of alcohol in violation of s. 500.10(3) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Source: Section 500.174 — Seizure; procedure; prohibition on sale or disposal of article; penalty, https://www.flsenate.gov/Laws/Statutes/2024/0500.174 (accessed Aug. 7, 2025).

500.01
Florida Food Safety Act 500.02
Purpose of chapter 500.03
Definitions 500.04
Prohibited acts 500.09
Rulemaking 500.10
Food deemed adulterated 500.11
Food deemed misbranded 500.12
Food permits 500.13
Addition of poisonous or deleterious substance to food 500.032
Declaration of policy and cooperation among departments 500.033
Florida Food Safety and Food Defense Advisory Council 500.60
Regulation of meat preempted to state 500.70
Tomato food safety standards 500.80
Cottage food operations 500.81
Healthy Food Financing Initiative 500.90
Regulation of polystyrene products preempted to department 500.92
Florida Kratom Consumer Protection Act 500.115
Advertisement of food deemed false 500.121
Disciplinary procedures 500.147
Inspection of food establishments, food records, and vehicles 500.148
Reports and dissemination of information 500.149
Employment of help 500.165
Transporting shipments of food items 500.166
Records of interstate shipment 500.167
Carriers in interstate commerce 500.169
Enforcement of federal act 500.171
Injunction to restrain violation 500.172
Embargoing, detaining, destroying of food, food processing equipment, or areas that are in violation 500.173
Causes for seizure and condemnation of foods 500.174
Seizure 500.175
Condemnation and sale 500.177
Penalty for violation of s 500.178
Duty of state attorney 500.179
Issuance of warnings for minor violations 500.451
Horse meat 500.452
Cultivated meat 500.459
Water vending machines 500.511
Fees

Current through Fall 2025

§ 500.174. Seizure; procedure; prohibition on sale or disposal of article; penalty's source at flsenate.gov

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Location: https://florida.public.law/statutes/fla._stat._500.174

Original Source: Section 500.174 — Seizure; procedure; prohibition on sale or disposal of article; penalty, https://www.flsenate.gov/Laws/Statutes/2024/0500.174 (last accessed Aug. 6, 2025).