The purpose and effect of the proposed rule will be to implement statutory amendments to Section 550.2415, F.S., effective July 1, 2010, pertaining to the welfare of racing animals.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Pari-Mutuel Wagering

RULE NO.:RULE TITLE:
61D-2.023Animal Welfare
PURPOSE AND EFFECT: The purpose and effect of the proposed rule will be to implement statutory amendments to Section 550.2415, F.S., effective July 1, 2010, pertaining to the welfare of racing animals.
SUMMARY: The proposed rule addresses the welfare of racing animals, inspections of areas where racing animals are raced, trained, housed, or maintained, including any areas where food, medications, or other supplies are kept, to ensure the humane treatment of racing animals and compliance with Chapter 550, F.S., and the rules of the division.
OTHER RULES INCORPORATING THIS RULE: None
EFFECT ON THOSE OTHER RULES: None
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the Division of Pari-Mutuel Wagering conducted an analysis of the proposed rule's potential economic impact and determined that it did not exceed any of the criteria established in section 120.541(2)(a), F.S.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 550.0251(3), 550.2415(12) FS.
LAW IMPLEMENTED: 550.0251(11), 550.105(2)(a)3., 550.2415(6) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: February 19, 2013, 9:00 a.m. – noon
PLACE: Florida Department of Business and Professional Regulation, Northwood Centre, Board Room, 1940 N. Monroe Street, Tallahassee, Florida 32399.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Mary Polombo at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary Polombo, Clerk, Division of Pari-Mutuel Wagering, 1940 North Monroe Street, Tallahassee, Florida 32399-1035

THE FULL TEXT OF THE PROPOSED RULE IS:

61D-2.023 Animal Welfare.

(1) A permitholder shall ensure that:

(a) All stables, barns, or kennels are inspected by the local fire marshal at least every 24 months for compliance with local fire safety code and that documentation of compliance is maintained;

(b) All stables, barns, or kennels are equipped with smoke and/or temperature alarms and at least one fire extinguisher that has a current annual inspection tag that bears the date of the last inspection;

(c) Lighting in the stables, barns, or kennels is kept in working order at all times;

(d) All of the permitholders’ cleaning supplies and pesticides are stored in areas separate from food and bedding intended for racing animals;

(e) Areas where racing animals are kept are ventilated by means of doors, windows, vents, or heating, ventilation and air conditioning (HVAC);

(f) All occupied stables, barns, and kennels are treated at least monthly for the prevention of insects and rodents;

(g) All hazards that could harm a racing animal are removed from the track surface and rails prior to use of the track;

(h) Access to the backside where racing animals are kept is restricted to occupational licensees or other persons authorized pursuant to Rule 61D-5.005, F.A.C.; and

(i) The racing secretary, judge, or a permitholder’s representative completes a weekly documented walk-through of each occupied barn, stable, or kennel.

(2) A greyhound racing permitholder shall ensure that:

(a) A shaded area is provided for parking greyhound transport trucks that are used to bring racing greyhounds to and from the track for racing;

(b) A cool-down pool and/or water hose to cool down greyhounds is provided post race and during official and unofficial schooling events;

(c) Sprint paths:

1. Are surrounded by a chain link fence at least four feet in height;

2. Are free of broken or protruding wires or obstructions;

3. Have a smooth surface which is made of dirt or sand or a mixture of the two; and

4. Have drainage sufficient to prevent standing water.

(d) Turnout pens:

1. Are free of broken or protruding wires or obstructions;

2. Have gates that connect to the other pens;

3. Have at least a 10-foot overhang from the building;

4. Are surrounded by a fence at least six feet high;

5. Have working water spigots;

6. Have drainage sufficient to prevent standing water; and

7. Have sand of an average depth of four inches.

(e) Kennel crates:

1. Are a minimum of two feet wide, three feet long and 32 inches high; and

2. Are maintained so that they are free of broken or protruding wires or rust, and constructed of metal and are movable to protect the greyhounds from injury; and

3. Have a latch.

(3) A greyhound racing trainer shall ensure that:

(a) They or a designee are available for kennel inspections daily from 7:00 a.m. to 9:00 a.m. or 2:00 p.m. to 4:00 p.m. by division personnel;

(b) Food supplies and bedding materials are stored in such a manner that they are protected from contamination, spoilage, or infestation;

(c) Bowls, dishes, and other containers used for feeding and watering are cleaned and disinfected daily;

(d) Muzzles worn by racing greyhounds are made of plastic or padded wire and are not worn, broken, or rusted;

(e) All turnout pens and sprint paths are free of debris and trash, and maintained in a sanitary environment prior to use by greyhounds;

(f) No more than one greyhound shall be contained in each crate within the kennel;

(g) Crates are sanitized at least once daily, or more frequently as necessary, in order to maintain a sanitary environment;

(h) Greyhounds are provided with clean, fresh water in the exercise areas, kennels, and turn-out pens; and

(i) Kennel crates with broken or protruding wires or rust are reported to the permitholder upon discovery;

(j) A log is maintained to identify each racing greyhound entering and exiting the kennel compound. The log shall contain the following information:

1. Date and time of entry or exit;

2. Name and tattoo number of the racing greyhound;

3. Owner’s name;

4. Trainer’s name;

5. Kennel name; and

6. Name and license number of person transporting the racing greyhound.

(k) The division is notified within 18 hours of the death of any racing greyhound that occurred on the grounds of a greyhound track or kennel compound. The notification shall contain at least the following information:

1. Track/facility where death occurred;

2. Incident date/time;

3. Greyhound registered name;

4. Tattoo numbers;

5. Reporting person’s name and telephone number;

6. Kennel operator, address, and telephone number;

7. Trainer’s name and telephone number;

8. Location of deceased animal.

(4) A hauler or driver who transports racing animals shall be required to possess a pari-mutuel occupational license.

(5) No person shall contract for the transportation of a racing animal with anyone who does not possess a pari-mutuel wagering occupational license.

(6) The greyhound trainer of record shall be responsible for physically inspecting the greyhounds in their care for sores, cuts, abrasions, muzzle burns, fleas and ticks, and providing food on a daily basis.

(7) A horseracing trainer shall ensure that:

(a) Feed intended for racing animals (other than hay) is stored in such a manner that it is protected from contamination, spoilage, or infestation;

(b) All horses entered to race be on time for a pre-race veterinary inspection to ensure racing soundness; and

(c) The division is notified within 18 hours of the death of any racehorse that occurred on the grounds of a horse track or training facility.  The notification shall contain at least the following information:

1. Track/facility where death occurred;

2. Incident date/time;

3. Horse registered name;

4. Tattoo number;

5. Reporting person’s name and telephone number;

6. Stable name, address, and telephone number;

7. Trainer’s name and telephone number;

8. Location of deceased animal.

(8) No part of a horse’s leg may be desensitized on the day the horse is scheduled to race.  “Desensitized” means a condition in which a horse’s body does not respond appropriately to pre-race tests for feeling administered by the track veterinarian.  A horse that has been desensitized in violation of this rule is ineligible to race.  This rule does not prohibit the routine use of ice packs prior to pre-race veterinarian inspection.

(9) The track veterinarian shall report to the stewards the date, time, condition, rider, and name of any outrider horse which the track veterinarian reasonably suspects has been overworked or abused.

(10) A racing animal that has been declared medically unsound to race by another racing jurisdiction shall not be eligible or entered to race until it has been examined and declared sound for racing by the track veterinarian who shall consult with the veterinarian that originally declared the racing animal to be medically unsound, unless the original veterinarian is unavailable, then a good faith effort to contact must be documented.

Rulemaking Authority 550.0251(3), 550.2415(12) FS. Law Implemented 550.0251(11), 550.105(2)(a)3., 550.2415(6) FS. History–New _______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Leon M. Biegalski, Director, Division of Pari-Mutuel Wagering
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 14, 2013
DATE NOTICES OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 2, 2010 and October 8, 2010