5C-3.012. Domestic Fowl, Poultry, Poultry Products and Ratites

(1) Official Certificate of Veterinary Inspection (OCVI) Required. All Domestic Fowl, Poultry, and Eggs For Hatching Purposes Imported into Florida, unless exempted by this rule, must be accompanied by an OCVI. Poultry and Eggs For Hatching Purposes under provisions of the National Poultry Improvement Plan (NPIP) may substitute Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (FEB 2016), for the OCVI. Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (FEB 2016) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10886. Racing Pigeons that are transported out of Florida for racing purposes in a sealed crate(s) and reenter Florida with unbroken seals are exempt from the OCVI Importation requirements. The OCVI or VS Form 9-3 must include the Official Identification approved by the United States Department of Agriculture in accordance with 9 C.F.R. §§86.4(a)(3) (2018). 9 C.F.R. §§86.4(a)(3) (2018) is hereby incorporated by reference and can be found online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10887.

(2) Prior Permission Number. To acquire a Prior Permission Number, an Official Avian Permit FDACS-09257, Rev. 05/18 must be completed and submitted to the Division of Animal Industry. Official Avian Permit FDACS-09257, Rev. 05/18 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10891. A Prior Permission Number is required on the accompanying documentation for Importation of all Domestic Fowl, Poultry, and Eggs For Hatching Purposes, except those listed below in paragraphs (a)-(f), that originate from a state not affected by Exotic New Castle Disease (END) or Avian Influenza (AI):

(a) Poultry consigned directly to a Recognized Slaughtering Establishment for slaughter;

(b) Individual exotic birds;

(c) Racing Pigeons returning to Florida in unbroken, sealed containers;

(d) Exhibition birds originating in NPIP participating flocks in Florida and returning to Florida;

(e) Those shipments moving through Florida for transhipment outside of the United States and traveling on an international OCVI, consigning the shipment to a foreign country, provided the shipping containers are not opened in Florida.

(f) Eggs for Hatching Purposes or chicks less than four (4) days of age originating from NPIP participating flocks accompanied by a Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (FEB 2016).

(3) Testing Requirements.

(a) Pullorum-Typhoid testing requirement.

1. An official negative test for Pullorum-Typhoid, as provided in 9 C.F.R. §§147.1-147.5 (2018), as adopted in rule 5C-3.001, F.A.C., is required within thirty (30) days of Importation into Florida for poultry or on the flock from which Eggs for Hatching Purposes originate. However, no Pullorum-Typhoid test is required for the following:

a. Importing Poultry or Eggs For Hatching Purposes originating from flocks classified under provisions of the NPIP as U.S. Pullorum-Typhoid Clean, as provided in 9 CFR §§145.23(b), 145.33(b), 145.43(b), 145.53(b) and 145.63(b) (2018), as adopted in rule 5C-3.001, F.A.C.

b. Quail, pheasants, and other birds used strictly for hunting purposes that are consigned directly to a Florida Fish and Wildlife Conservation Commission licensed hunting preserve;

c. Ratites;

d. Waterfowl Imported for exhibition purposes;

e. Exotic birds;

f. Pigeons and doves of the family Columbidae;

g. Exhibition birds originating from NPIP-participating flocks in Florida returning to Florida. These birds must be accompanied by proof of a valid NPIP flock testing record for pullorum-typhoid indicating that the flock test, in accordance with 9 C.F.R. §145.53(b) (2018), as adopted in rule 5C-3.001, F.A.C., was conducted within the previous twelve (12) months or proof of a valid NPIP participant card current within the past twelve (12) months; or

h. Poultry consigned directly to a Recognized Slaughtering Establishment for slaughter.

2. Pullourm-Typhoid testing records for exhibition birds not originating from a NPIP-participating flock will be documented by an Authorized Representative from the state or USDA at the Fair Exhibition – Poultry Summary of Pullorum-Typhoid Testing, FDACS-09170, Rev. 09/17. Fair Exhibition – Poultry Summary of Pullorum-Typhoid Testing, FDACS-09170, Rev. 09/17 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10890.

(b) Avian Influenza (AI) testing requirements.

1. Poultry or Poultry Products originating from a non-AI affected state.

a. All Poultry and Poultry Products must be accompanied by proof of a negative, approved test for Avian Influenza (AI). AI samples collected by the Division will be documented by an Authorized Representative from the state on Avian Influenza/Exotic Newcastle Disease Poultry Surveillance Submission Form, FDACS-09230, Rev. 09/17. Avian Influenza/Exotic Newcastle Disease Poultry Surveillance Submission Form, FDACS-09230, Rev. 09/17 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10892.

b. Entry into Florida must be within twenty-one (21) days of the AI sample being taken; and,

c. If a flock with greater than thirty (30) birds is to be Imported, then no less than thirty (30) samples per flock must be taken with at least ten (10) samples taken per house; or

d. If a flock of less than thirty (30) birds is to be Imported, then all birds must be tested.

2. Exemptions to the AI testing requirements for Poultry and Poultry Products originating from a non-AI affected state. No AI test is required for the following:

a. Poultry or Poultry Products originating from flocks classified as U.S. Avian Influenza Clean, as provided in 9 C.F.R. §§145.23(h), 145.33(1), 145.43(g), 145.53(e), and 145.63(b) (2018), as adopted in rule 5C-3.001, F.A.C., in non-AI affected states;

b. Ratites;

c. Exotic birds; or

d. Pigeons and doves of the family Columbidae.

3. Proof of negative Avian Influenza (AI) testing and the Department issued Prior Permission Number, unless exempted from Prior Permission Number requirement in accordance with subsection 5C-3.012(2), F.A.C., must be documented on the Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (FEB 2016), or OCVI listing the description of birds, test date, test results, and the name of the laboratory.

4. Poultry Products originating from an Avian Influenza (AI) affected state.

a. From a Quarantine or Control Area as defined by originating state. No Domestic Fowl, live Poultry or Poultry Products or Eggs for Hatching Purposes originating from a Quarantine or Control Area in an AI affected state may enter Florida, except for Imported birds that have completed all USDA or state of origin requirements to move from a Quarantine or Control Area, and have completed Florida Import requirements as described in subsections (1)-(3) of this rule. The Department shall verify USDA requirements have been met through the Emergency Management Response System (EMRS) prior to permitting for entry into Florida by the State Veterinarian’s Office.

b. Non-Quarantine or Control Areas as defined by originating state. All Poultry and Poultry Products:

(I) Must be accompanied by proof of a negative, approved test for AI; and,

(II) Entry into Florida must be within seven (7) days of the AI sample being taken; and,

(III) If a flock with greater than thirty (30) birds is to be Imported, then no less than thirty (30) samples per flock must be taken with at least ten (10) samples taken per house; or

(IV) If a flock of less than thirty (30) birds is to be Imported, then all birds must be tested.

5. The following Poultry and Poultry Products originating from a non-quarantined area in an AI affected state are exempt from the AI testing requirements described in sub-subparagraph (3)(b)4.b.:

a. Ratites;

b. Exotic birds; or

c. Pigeons and doves of the family Columbidae.

6. Proof of negative AI testing and a Department issued Prior Permission Number must be documented on the Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (FEB 2016), or OCVI listing the description of birds, test date, test results, and the name of the laboratory.

(c) Exotic Newcastle Disease (END) testing requirements. END testing requirements apply to only those shipments of Poultry or Poultry Products originating from an END affected state.

1. Quarantine or Control Areas. No Domestic Fowl, live Poultry or Poultry Products, or Eggs for Hatching Purposes originating from a Quarantine or Control Area may enter Florida except for Imported birds that have completed all USDA and originating state requirements to move from a Quarantine or Control Area, have completed Florida Import test requirements as described in subsections (1)-(3) of this rule, and are permitted for entry into Florida by the State Veterinarian’s Office.

2. Non-Quarantine or Control Areas.

a. All Poultry and Poultry Products must be accompanied by proof of a negative, approved test for Exotic Newcastle Disease (END). END samples submitted by the Division will be documented by an Authorized Representative from the state on Avian Influenza/Exotic Newcastle Disease Poultry Surveillance Submission Form, FDACS-09230, Rev. 09/17, as incorporated in paragraph 5C-3.012(3)(b), F.A.C.

b. Entry in Florida must be within seven (7) days of the Exotic Newcastle Disease (END) sample being taken; and,

c. If a flock with greater than thirty (30) birds is to be Imported, then no less than thirty (30) samples per flock must be taken with at least ten (10) samples taken per house; or

d. If a flock with less than thirty (30) birds is to be Imported, then all birds must be tested.

3. Documentation. Poultry or Poultry Products must be accompanied by a Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (FEB 2016), or OCVI indicating Poultry or Poultry Product originated from an END-negative flock, listing the Department issued Prior Permission Number, description of birds, test date, test results, and the name of testing laboratory.

(4) Containers for Shipment. All Imported Domestic Fowl, Poultry, and Eggs For Hatching Purposes must be shipped in new or Cleaned and Disinfected reusable containers.

Rulemaking Authority 570.07(23), 585.002(4) FS. Law Implemented 570.07(15), 570.36(2), 585.08(1), (2)(a), 585.145(1), (2), 585.16 FS. History–New 3-23-94, Amended 12-12-04, 5-24-10, 2-8-16, 8-19-19, 1-31-21.