FDACSThe 74 year old law which protects the financial interest of most of Florida’s agricultural producers is now part of the Florida Department of Agriculture and Consumer Services (FDACS), Bureau of Compliance’s responsibility. In a recent reorganization, the responsibility was shifted from FDACS’s Division of Marketing and Development.

Enacted in 1941, the statute states, “It shall be unlawful for any dealer in agricultural products who comes within the terms of this law to engage in such business in this state without a state license issued by the department”.

This law defines a dealer as any person, partnership, corporation, or other business entity, whether itinerant or domiciled within this state, engaged within this state in the business of purchasing, receiving, or soliciting agricultural products from the producer or the producer’s agent or representative for resale or processing for sale.

Acting as an agent for such producer in the sale of agricultural products, for the account of the producer on a net return basis, or acting as a negotiating broker between the producer or the producer’s agent or representative and the buyer, makes the person or organization subject to the law.

The intent of this legislative act is to facilitate the marketing of Florida agricultural products by encouraging a better understanding between buyers and sellers, and by providing a marketplace which is relatively free of unfair or deceptive trading practices, and defaults on legitimate transactions.

Every agricultural product grown in Florida is covered by this law, with the following exceptions: citrus-other than limes, tobacco, and sugar cane.

There are several very specific exemptions for individuals or groups from this statute. To learn more contact the FDACS Bureau of Compliance at 850-617-7150 or review:  Agricultural Dealer’s Licenses

 

Les Harrison