Florida law prohibits misrepresentation or undisclosed substitution of food. Menus or any other manner used to promote or advertise items for sale must be accurate and truthful. 

Florida law prohibits misrepresentation or undisclosed substitution of food.

Particular attention should be paid to menu descriptions and "blackboard" or "specials" items. Menus or any other manner used to promote or advertise items for sale must be accurate and truthful.

Species of seafood cannot be substituted for one another, and must be accurately and truthfully promoted.

Seafood must be sold using its correct species name as specified by the U.S. Food and Drug Administration's HACCP Guide.

Violations of the Law

Failure to accurately and truthfully identify food items for sale, such as undisclosed substitution of one type of fish for another, is a violation of Florida law.

Violators are subject to penalties of up to $1,000 per occurrence, and license suspension or revocation.

Florida Department of Business and Professional Regulation (DBPR) food sanitation and safety inspectors actively enforce the provisions that relate to seafood in Section 509.292, Florida Statutes. For enforcement information, contact DBPR at (850) 487-1395.