Florida Statute 500.04 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 500
FOOD PRODUCTS

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500.04 Prohibited acts.—The following acts and the causing thereof within the state are prohibited:

(1) The manufacture, sale or delivery, holding or offering for sale of any food that is adulterated or misbranded.

(2) The adulteration or misbranding of any food.

(3) The receipt in commerce of any food that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise.

(4) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of s. 500.12.

(5) The dissemination of any false advertisement.

(6) The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by s. 500.147.

(7) The giving of a guaranty or undertaking with respect to a food, which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in this state from whom she or he received in good faith the food.

(8) The removal, disposal, or use of a detained or embargoed article or food processing equipment in violation of s. 500.172.

(9) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of a food, or the doing of any other act with respect to a food, if such act is done while such article is held for sale and such act results in such article being misbranded.

(10) Forging; counterfeiting; simulating; falsely representing; or, without proper authority, using any mark, stamp, tag, label, or other identification device authorized or required by rules adopted under this chapter.

(11) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling information, whether in coded form or otherwise, identifying the article’s expiration date or similar date, date of manufacture, or manufacturing or distribution lot or batch, if such act is done while such article is held for sale.

History.—s. 3, ch. 19656, 1939; CGL 1940 Supp. 4151(667); s. 2, ch. 57-167; s. 1, ch. 70-994; s. 6, ch. 82-225; s. 120, ch. 83-218; s. 5, ch. 87-388; s. 9, ch. 92-180; s. 5, ch. 94-180; s. 602, ch. 97-103; s. 17, ch. 97-220.

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Amendments to 500.04

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 500.04

Level: Degree
Misdemeanor/Felony: First/Second/Third

S500.04 1 - FOOD-HEALTH OR SAFETY - MFG SELL ADULTRTD MISBRANDED FOOD SUBSQ OFF - M: F

S500.04 1 - FOOD-HEALTH OR SAFETY - MFG SELL ADULTERATED MISBRANDED FOOD 1ST OFF - M: S

S500.04 2 - FOOD-HEALTH OR SAFETY - ADULTERATE MISBRAND FOOD SUBSQ OFF - M: F

S500.04 2 - FOOD-HEALTH OR SAFETY - ADULTERATE MISBRAND FOOD 1ST OFF - M: S

S500.04 3 - FOOD-HEALTH OR SAFETY - RECV DELIV ADULTERATED MISBRANDED FOOD 1ST OFF - M: S

S500.04 3 - FOOD-HEALTH OR SAFETY - RECV DELIV ADULTRTD MISBRANDED FOOD SUBSQ OFF - M: F

S500.04 4 - FOOD-HEALTH OR SAFETY - OFFER FOOD FOR SALE WITHOUT PERMIT 1ST OFFENSE - M: S

S500.04 4 - FOOD-HEALTH OR SAFETY - OFFER FOOD FOR SELL W/O PERMIT SUBSQ OFF - M: F

S500.04 5 - FRAUD - DISSEMINATE FALSE ADVRT REGARDING FOOD 1ST OFF - M: S

S500.04 5 - FRAUD - DISSEMINATE FALSE ADVRT RE FOOD SUBSQ OFF - M: F

S500.04 6 - OBSTRUCT - REFUSE ENTRY TO TAKE AUTH FOOD SAMPLE 1ST OFF - M: S

S500.04 6 - OBSTRUCT - REFUSE ENTRY TAKE AUTH FOOD SAMPLE SUBSQ OFF - M: F

S500.04 7 - FRAUD - FALSE FOOD GUARANTEE 1ST OFF - M: S

S500.04 7 - FRAUD - FALSE FOOD GUARANTEE SUBSQ OFF - M: F

S500.04 8 - OBSTRUCT CRIMINAL INVEST - RMV DISPOSE USE DETAINED FOOD EQUIP SUBSQ OFF - M: F

S500.04 8 - OBSTRUCT CRIMINAL INVEST - REMOVE DISPOSE USE DETAINED FOOD EQUIP 1ST OFF - M: S

S500.04 9 - FOOD-HEALTH OR SAFETY - ALTER OR REMOVE FOOD LABELING SUBSQ OFF - M: F

S500.04 9 - FOOD-HEALTH OR SAFETY - ALTER OR REMOVE FOOD LABELING 1ST OFF - M: S

S500.04 10 - FORGERY OF - FOOD MARK STAMP TAG LABEL ID DEVICE SUBSQ OFF - M: F

S500.04 10 - FRAUD - FALSE REP USE W/O AUTH FOOD ID DEVICE 1ST OFF - M: S

S500.04 10 - FRAUD - FALSE REP USE W/O AUTH FOOD ID DVC SUBSQ OFF - M: F

S500.04 10 - COUNTERFEITING OF - SIM FOOD MARK STAMP TAG LABEL ID DVC 1ST OFF - M: S

S500.04 10 - COUNTERFEITING OF - SIM FOOD MARK STAMP TAG LABEL ID DVC SUBSQ OFF - M: F

S500.04 10 - FORGERY OF - FOOD MARK STAMP TAG LABEL ID DEVICE 1ST OFF - M: S

Cases Citing Statute 500.04

Total Results: 5 | Sort by: Relevance | Newest First

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Stadnik v. Shell's City, Inc., 140 So. 2d 871 (Fla. 1962).

Cited 20 times | Published | Supreme Court of Florida

...Reference to Chapter 500, Florida Statutes, F.S.A., so far as the advertisement of foods and drugs is concerned, will reveal that it is leveled against false and misleading advertising only. It does not relate to the rendition of professional services. Section 500.04, Florida Statutes, F.S.A....

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Reilly v. Amy's Kitchen, Inc., 2 F. Supp. 3d 1300 (S.D. Fla. 2014).

Cited 2 times | Published | District Court, S.D. Florida | 2014 U.S. Dist. LEXIS 31608, 2014 WL 905419

...tener, including dried cane syrup” and that the FDA “considers such representations to be false and misleading.” Id. ¶ 17. Plaintiff contends that as a result of this guidance, Defendant’s products are mis-branded in violation of Fla. Stat. § 500.04 ....

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Uri Marrache v. Bacardi U.S.A., Inc. (11th Cir. 2021).

Published | Court of Appeals for the Eleventh Circuit

...acts or practices, and unfair or deceptive acts or practices in the conduct of its trade or commerce” by adulterating Bombay with grains of paradise and then knowingly selling it to Marrache and the other class members in violation of Florida Statute § 562.455 and Florida Statute §§ 500.04(1)–(3)....

...acts or practices, and unfair or deceptive acts or practices in the conduct of its trade or commerce” by adulterating Bombay with grains of paradise, in violation of section 562.455, and then know- ingly selling it to Marrache and the other class members in viola- tion of section 500.04(1)–(3), which prohibits (1) the “manufacture, sale or delivery, holding or offering for sale of any food that is adul- terated,” (2) the adulteration of any food, and (3) the receipt in commerce of any food that is adulterated. Marrache contends that Defendants’ violations of sections 562.455 and 500.04 serve as pred- icates for his FDUTPA claims under section 501.203(3)(c), even though neither statute contains any language expressly stating that it qualifies as a FDUTPA violation....

...20-10677 Opinion of the Court 23 making it legal for Defendants to sell Bombay containing grains of paradise, and that, as such, the Bombay was not “worthless.” Here, we need not decide whether violations of sections 562.455 and 500.04 proscribe unfair, deceptive, or unconscionable acts or practices that qualify as FDUTPA violations because Mar- rache’s claims against Defendants fall under FDUTPA’s safe harbor provision....

...retain the benefit as [Marrache] did not receive what [he] bargained USCA11 Case: 20-10677 Date Filed: 11/08/2021 Page: 30 of 32 30 Opinion of the Court 20-10677 for: to wit a product which did not violate [sections 562.455 and 500.04(1)–(3)]” and that Defendants were unjustly enriched....

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Hunter v. Florida Bd. of Pharmacy, 162 So. 2d 524 (Fla. Dist. Ct. App. 1964).

Published | District Court of Appeal of Florida | 1964 Fla. App. LEXIS 4637

...chapter 500, Fla.Stat., F.S.A. He pleaded guilty thereto. An order was entered by *525 the Board adjudging him guilty of dispensing drugs without prescription contrary to § 500.15(11) (a), Fla.Stat., F.S.A., and in misbranding drugs in violation of § 500.04 (1)....

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City of Riviera Beach v. Florida Dep't of Env't Reg., 502 So. 2d 1337 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 1987 Fla. App. LEXIS 6914, 12 Fla. L. Weekly 637

reservoir, treatment plant Transfer station (See Section 500.4). [Emphasis added.] Section 500.5 of the Zoning

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