526.53 Enforcement; inspection and analysis, stop-sale and disposition, regulations. - Florida Statutes

526.53 Enforcement; inspection and analysis, stop-sale and disposition, regulations.

   (1) The department shall enforce the provisions of this part through the Division of Standards, and may sample, inspect, analyze, and test any brake fluid manufactured, packed, or sold within this state. The department shall have free access during business hours to all premises, buildings, vehicles, cars, or vessels used in the manufacture, packing, storage, sale, or transportation of brake fluid, and may open any box, carton, parcel, or container of brake fluid and take samples for inspection and analysis or for evidence.

   (2)(a) When any brake fluid is sold in violation of any of the provisions of this part, all such brake fluid of the same brand name on the same premises on which the violation occurred shall be placed under a stop-sale order by the department. The department shall withdraw its stop-sale order upon the removal of the violation or upon voluntary destruction of the product, or other disposal approved by the department, under the supervision of the department.

   (b) In addition to being subject to the stop-sale procedures above, unregistered brake fluid shall be held by the department or its representative, at a place to be designated in the stop-sale order, until properly registered and released in writing by the department or its representative. If application has not been made for registration of such product within 30 days after issue of the stop-sale order, such product shall be disposed of by the department to any tax-supported institution or agency of the state if the brake fluid meets legal specifications or by other disposal authorized by rule of the department if it fails to meet legal specifications.

   (3) Any brake fluid which becomes the subject of a court proceeding shall be disposed of by order of the court.

   (4) The department may adopt and enforce such rules as are necessary to carry out the provisions of this part.

   (5) No labeling relating to any brake fluid shall contain any statement that the brake fluid has been approved by the department. However, a statement that the brake fluid has been registered by the department may be included in such labeling.

History. s. 1, ch. 61-390; s. 1, ch. 71-118; s. 80, ch. 92-291.