We protect small business owners in the food and agriculture industry from criminal charges and civil infractions.
Workers in the food and agriculture industry form the bedrock of our state. This is particularly true in South Florida, where consumption continues to increase along with the population. To meet consumer demands, farmers and food market owners labor tirelessly around the clock. Because their work is noble, the last thing farmers or food market owners expect is to receive a charge when conducting business.
As it turns out, the list of food-related prohibitions in Florida is long. Chapter 500 of the Florida Statutes, labeled the “Florida Food Safety Act,” criminalizes actions related to misbranding, misrepresenting, adulterating, and unlawfully selling food. Chapter 68E-27 of the Florida Administrative Code, part of the Fish and Wildlife Conservation Commission regulations, provides for seafood quality control. Other notable food regulations are found in Florida Statutes Chapters 571 (agricultural advertising), 583 (sale of eggs and poultry), 586 (honeybees), and 601 (citrus). Most violations of food regulations in Florida are strict liability offenses - meaning the alleged violator is liable regardless of intent.
To the worker who makes a living by the sweat of his brow, an arrest or Notice to Appear for a food violation may come as a complete shock. Reality sets in when the worker is forced to attend court hearings, prepare a defense, and ultimately decide how to resolve the case.
Most food and agricultural violations involve compliance issues, such as failing to maintain seafood refrigerated at 40 degrees or below or not properly cleaning equipment and utensils. Other violations include:
While some food and agricultural matters are addressed administratively with a civil penalty, many have been criminalized by the legislature. Most food violations range from second degree misdemeanors to third degree felonies. A second-degree misdemeanor exposes a defendant to 60 days in jail and a $500 fine. A third-degree felony can result in 5 years prison and a $5000 fine.
Beyond the penal consequences, a food charge can detrimentally affect a worker or businessowner’s livelihood by damaging that person’s reputation.
The bottom line is that food violations should be taken seriously, as they can result in a criminal record, the loss of one’s liberty, and the loss of employment.
Knowing what’s at stake, anyone accused of a food violation should retain an attorney who is a strong advocate of the food and agriculture community. A regular criminal defense attorney may not suffice in the battle against a criminal record or civil liability. It is best to secure a defense attorney with specific experience in litigating food and agricultural cases. A great food violations attorney is trained to look for deficiencies in the government’s case, negotiate with the prosecution, and cross-examine witnesses. Reputation goes a long way; if the government knows the defense attorney is experienced, well-prepared, and ready for trial, the case may resolve more favorably for the accused.
8461 Lake Worth Road Ste 441, Lake Worth, Florida 33467, United States
Mon | 09:00 am – 05:00 pm | |
Tue | 09:00 am – 05:00 pm | |
Wed | 09:00 am – 05:00 pm | |
Thu | 09:00 am – 05:00 pm | |
Fri | 09:00 am – 05:00 pm | |
Sat | Closed | |
Sun | Closed |
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