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Ex. FL-091 Order Primary source read

DBPR Emergency Order 2020-02

Emergency Order 2020-02 (suspending the adulterated-device bar on expired personal protective equipment)

Department of Business and Professional Regulation, Secretary Halsey Beshears · Florida (Sector regulator)

The COVID Project

The record

Jurisdiction
Florida
Level
Sector regulator
Authority
EO 20-52 s. 4.B; ss. 499.005, 499.006(9), Fla. Stat.
Issued
2020-03-23 Mar. 23, 2020
Effective
2020-03-23
End
Duration of EO 20-52 (read as 2021-06-30)
In force
Mar. 23, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Health care ordersSupply chain
Addressees
  • distributors and sellers of PPE (N-95 respirators, surgical masks)
Functions reached
  • SC PPE supply (expired stock released to health-care settings)
Collection
Florida FL

Operative words

WHEREAS, PPE for which the expiration date has passed is ordinarily considered an adulterated device. s. 499.006(9), Fla. Stat. (2019). Such an adulterated device is barred from distribution, sale, or delivery.... 1. Accordingly, the provisions of section 499.006(9), Florida Statutes, as they relate to PPE are hereby SUSPENDED for the duration of the declaration of a state of emergency as described in Executive Order 20-52.

Enforcement

DBPR Division of Drugs, Devices and Cosmetics

Notes

Evidence of the PPE shortage that conditioned the elective-procedure reopening (FL-022 s. 5).