Section 5H-17.004 - Use of the Identifiers; Deposit of Funds(1) No person shall use the Identifiers adopted herein without meeting the requirements established in Rule 5H-17.005, F.A.C.(2) Identifiers shall not be used on product packaging, promotional advertisements, websites, banners or business signage, that are profane, vulgar, racist, hateful or that meet the definition of obscene as set forth in Section 847.001(12), F.S.(3) The Identifiers are eligible for use as gum labels attached to the product or product containers, printed on containers, incorporated in private product packaging, stamped directly on the products, printed on ribbons or bands attached, printed on shipping containers, displayed on business vehicles, websites, banners and signage at business locations or used on menus and in print/digital media or promotional materials and advertising.(4) Reproduction of the Identifiers shall be made only from the artwork supplied by the department.(5) Any Florida agricultural product which meets the criteria established in Rule 5H-17.003, F.A.C., is eligible for inclusion within the Campaign.(6) All monies received by the department from the sale of media/promotional advertising materials that incorporate the Identifiers shall be deposited into the Florida Agricultural Promotional Campaign Trust Fund.(7) Terminology that suggests endorsement by the department such as "endorsed," "exclusive," "certified," and "preferred" may not be used while promoting affiliation with the "Fresh From Florida" brand.Fla. Admin. Code Ann. R. 5H-17.004
Rulemaking Authority 570.07(23), 571.24 FS. Law Implemented 571.24, 571.26 FS.
New 6-22-92, Amended by Florida Register Volume 43, Number 015, January 24, 2017 effective 2/8/2017, Amended by Florida Register Volume 50, Number 105, May 29, 2024 effective 6/11/2024.New 6-22-92, Amended 2-8-17.