Access to places of business and vehicles.—
(1)(a) Any duly authorized employee of the department shall have full
access at all reasonable hours to inspect:
a. Places of business;
c. Farm buildings;
e. Railroad cars;
g. Motor vehicles, except private passenger automobiles with no trailer
in tow, travel trailers, camping trailers, van conversions, and motor
homes as defined in s.
320.01(1)(b), or pickup trucks not carrying agricultural, horticultural, or livestock
products and which have visible access to the entire cargo area, or city,
county, state, or federal vehicles;
h. Truck and motor vehicle trailers; and
which are used or could be used in the production, manufacture, storage,
sale, or transportation within the state of any food product; any agricultural,
horticultural, or livestock product; or any article or product with respect
to which any authority is conferred by law on the department; and
2. All records or documents pertaining thereto.
(b) The department may examine and open any package or container of
any kind containing or believed to contain any article or product which
may be transported, manufactured, sold, or offered for sale in violation
of the provisions of this chapter, the rules of the department, or the
laws which the department enforces and may inspect the contents and take
samples for analysis.
(c) If access is refused by the owner, agent, manager, or other person
in charge of any premises, or by the owner, driver, operator, or other
person in charge of any vehicle, the department employee may apply for,
obtain, and execute a search warrant for regulatory inspection under the
provisions of this section and ss.
933.30. The provisions of chapter 933 relating to probable cause do not apply
to regulatory inspections under this section. Routine inspections of vehicles
shall be conducted in accordance with the administrative standards, including
neutral criteria, for conducting these inspections set forth by rules
of the department.
(2) It is unlawful for the driver of any vehicle, other than one exempted
in sub-subparagraph (1)(a)1.g. or one authorized pursuant to subsection
(5), to pass any official agricultural inspection station without first
stopping and submitting the vehicle for inspection. A violation of this
subsection constitutes a misdemeanor of the second degree, punishable
as provided in s.
775.082 or s.
(3) Every law enforcement officer is authorized to assist employees
of the department in the enforcement of this section. Every law enforcement
officer is authorized to stop and detain any vehicle and its driver if
the driver has failed to comply with this section until an employee of
the department arrives to conduct the inspection required or permitted
by law. The law enforcement officer may require the driver to return with
the vehicle to the agricultural inspection station where the driver failed
to stop the vehicle for inspection.
(4) No civil or criminal liability shall be imposed upon any person
who is authorized to enforce or assist in enforcement of the provisions
of this section and who is lawfully engaged in such activity.
(5) The department shall establish by rule conditions and criteria
by which nonagricultural laden vehicles may pass an agricultural inspection
station without stopping for inspection.