a. Agricultural Product - any fresh or processed apicultural, aquacultural, avicultural, dairy, horticultural, fish or seafood, livestock, forestry, viticultural, agricultural, or other farm or garden product.

b. Apicultural - activities associated with bees or the production of honey.

c. Aquaculture/Fish/Seafood Industry/Professional Fisherman - a person who works within the distribution chain dealing with aquaculture, fish or seafood and buys either a Wholesale or Retailer Seafood Dealers License or Saltwater Products License. All or part of these fees are deposited in the Saltwater Products Promotion Trust Fund through which their FAPC membership dues are paid.

d. Aviculture - activities associated with birds, including but not limited to, poultry, ostrich, and emu.

e. Broker - a person who supplies agricultural products or agricultural based products to retailers, wholesalers or food service organizations.

f. Commissioner - the Florida Commissioner of Agriculture.

g. Equestrian - activities associated with the care and training of horses.

h. Nonprofit/Allied Organization - a unified group supporting the efforts of the campaign.

i. Package - package traditionally used for shipping product.

j. Person - an individual, firm, partnership, corporation, association, business, trust, legal representative or any business unit.

k. Processor - a person who improves an agricultural product, including but not limited to, freezing, heating or chemically treating, to add value to the product.

l. Producer - a person who grows, raises or produces agricultural products.

m. Retailer/Wholesaler/Food service - a person who sells agricultural products or agricultural based products to consumers or small retail outlets.

n. Shipper/Packer/Repacker - a person who processes, packs, ships and/or repacks agricultural products or agricultural based products.

o. Shipper/Packer/Repacker: Horticulture Industry - a person who ships, packs and/or repacks horticulture products.

p. Viticulture - activities associated with the growing of grapes in Florida and the value-added products derived.

q. Volunteer/Education Organization - non-agricultural organization or a group within the education system.

b. The from Florida identifier may be used by FAPC members on Florida agricultural or Florida agricultural based products that are not perceived as "fresh" products, including, but not limited to, frozen, heat or chemically treated products.

c. The from Florida USA identifier may be used by FAPC members on Florida agricultural or Florida agricultural based products that are not perceived as "fresh" products, including, but not limited to, frozen, heat or chemically treated products marketed internationally.

3. Use of the FAPC Identifiers

FAPC members will receive, upon request, point of purchase materials, camera-ready art work of the identifier(s) and other pertinent information concerning the program from the Florida Department of Agriculture and Consumer Services. The FAPC identifiers may be used on labels, packages, cartons and merchandising materials as well as in sales promotions and in media advertising. To maintain the integrity of the program, it is recommended that the FAPC identifiers be used on top quality products. Logos can be used only by FAPC members.

The FAPC identifiers are registered with the Florida Department of State. The Fresh from Florida identifier has been registered with the U.S. Patent and Trademark Office.

Reproduction of the FAPC identifiers shall be made only from camera ready art work provided by the Florida Department of Agriculture and Consumer Services. The appropriate identifier may be printed in the colors designated on the camera ready art work. Packers using the logo on their printed packages may print the logo in one of the colors already used. (Florida Department of Agriculture and Consumer Services' Bureau of Development and Information personnel are available, upon request, to offer suggestions or recommendations on reproduction of the FAPC identifiers.)

Membership in the FAPC is required for use of the FAPC identifier and participation in its programs. Each person/organization shall renew their membership registration before July 1 of each year. To obtain membership, applicant must register with the Florida Department of Agriculture and Consumer Services and pay the appropriate registration fee. Registration is not transferable. The annual registration fees are as follows:

1. Aquaculture/Fish/Seafood Industry/Professional Fisherman - fees paid when either a Wholesale or Retailer Seafood Dealers License or a Saltwater Products License is purchased. (Aquaculture/Fish/Seafood industries who do not purchase one of these licenses should register in one of the other categories)

MEMBER* : FEE

2. Broker : $50.00

3. Nonprofit/Allied Organization : $100.00

4. Producer : $50.00

5. Retailer/Wholesaler/Food service : Complimentary

6. Shipper/Packer/Repacker/Processor*
Based on the previous year's standard shipping package count as follows:

• 0 to 1,000,000 packages : $100.00
• 1,000,001 to 2,000,000 packages : $200.00
• 2,000,001 to 3,000,000 packages : $300.00
• 3,000,001 to 4,000,000 packages : $400.00
• 4,000,001 to 5,000,000 packages** : $500.00

7. Shipper/Packer/Repacker: Horticulture Industry*
Based on business's previous year's sales volume as follows:

• 0 to $1,000,000 Sales Volume : $100.00
• $1,000,001 to $2,000,000 : $200.00
• $2,000,001 to $3,000,000 : $300.00
• $3,000,001 to $4,000,000 : $400.00
• $4,000,001 to $5,000,000*** : $500.00

*If member activities involve more than one of the membership categories and includes shipper/packer, the individual should pay for membership as a shipper/packer. The one exception is those whose fees are paid through purchase of a license as described in the definition for Aquaculture/Fish/Seafood Industry.

**$100.00 for each additional million package or any part thereof.

***$100.00 for each additional million dollars in sales or any part thereof.

The Commissioner or his duly authorized representative or employee shall have the right to enter the premises of anyone using the FAPC identifiers and inspect the usage of the identifiers.

The Commissioner or his duly authorized agent may enter the premises of a member during regular business hours and audit books and other records regarding the use of or reproduction of the FAPC identifier and compliance regulations governing their use.

The reuse of packages or containers on which the FAPC identifiers has been affixed or imprinted is discouraged.

Members of the organization agree to indemnify and hold harmless the Florida Department of Agriculture and Consumer Services and the State of Florida from and against all claims, actions, damages, costs, expenses and liabilities arising out of, or in connection with, any breach of the membership by the person.

Violations of regulations are subject to penalties and revocation of the right to use the FAPC identifiers as provided by Chapter 571.29 F.S.

Florida Department of Agriculture & Consumer Services
CHARLES H. BRONSON, COMMISSIONER