To clarify definitions, requirements, exemptions, and limitations for admission of animals for exhibition. The revisions will simplify and strengthen the state’s animal health protection strategy.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Animal Industry

RULE NOS.:RULE TITLES:

5C-3.001Definitions

5C-3.005Goats or Sheep

PURPOSE AND EFFECT: To clarify definitions, requirements, exemptions, and limitations for admission of animals for exhibition. The revisions will simplify and strengthen the state’s animal health protection strategy.

SUMMARY: The proposed rule will clarify definitions to match statutory language, update and clarify requirements, exemptions, and limitations for admission of animals for exhibition purposes.

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.

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: 570.07(23), 585.002(4), 585.08(2), (2)(a) FS.

LAW IMPLEMENTED: 570.07(15), 570.36(2), 585.08(1), (2)(a), 585.11(1), (4), 585.145(1), (2), 585.16 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. Michael Short, State Veterinarian/Division Director, [phone]; Fax: [phone]; Email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5C-3.001 Definitions.

For the purpose of this chapter, the definitions in Section 585.01, F.S., and the following shall apply:

(1) Accredited Tuberculosis-Free Herd. A herd designated by the State Animal Health Official that meets the requirements of the Bovine Tuberculosis Eradication Uniform Methods and Rules, APHIS 91-45-011, as incorporated in subsection 5C-3.004(3), F.A.C. Sheep or goats must originate from a herd or flock that meets one of the options set forth in Subparts 3.a.-3.e., of Section 8, Animal Health, Grade “A” Pasteurized Milk Ordinance (2023), which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref- XXXX. 

(2) Accredited Tuberculosis-Free State or Zone. A state or zone that has met the requirements set forth in the Bovine Tuberculosis Eradication Uniform Methods and Rules, APHIS 91-45-011, as incorporated in subsection 5C-3.004(3), F.A.C., and has been designated by the USDA as a Bovine Tuberculosis Accredited-Free State or Zone.

(3)(1) Accredited Veterinarian. A state licensed veterinarian accredited by the United States Department of Agriculture, Animal and Plant Health Inspection Service (USDA, APHIS) to perform certain functions of federal and cooperative state-federal programs in accordance with the provisions of 9 C.F.R. 161.1 (JAN 2024 2018), which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. incorporated in subsection 5C-4.0015(1), F.A.C.

(2) renumbered (4) No change.

(3) Animal(s). This term is as defined in Section 585.01(10), F.S., which provides that the term “animal” shall include wild or game animals whenever necessary to effectively control or eradicate dangerous transmissible diseases or pests which threaten the agricultural interests of the state.

(4) through (7) renumbered (5) through (8) No change.

(9) Certified Brucellosis-Free State or Area. A state or area that meets the requirements of Brucellosis Eradication: Uniform Methods and Rules, APHIS 91-45-013, as incorporated in subsection 5C-3.004(3), F.A.C.

(10) Certified Brucellosis-Free Herd. A designated herd that meets the requirements of Brucellosis Eradication: Uniform Methods and Rules, APHIS 91-45-013, as incorporated in subsection 5C-3.004(3), F.A.C. Sheep or goats must originate from a herd or flock that meets one of the options set forth in Subparts 3.a.-3.e., of Section 8, Animal Health, Grade “A” Pasteurized Milk Ordinance (2023), which is incorporated by reference in subsection 5C-3.001(1), F.A.C.

(11) Classified Brucellosis-Class A State or Area. A State or area which meets standards for classification as a Class A State or area as specified in Brucellosis Eradication: Uniform Methods and Rules, APHIS 91-45-013, as incorporated in subsection 5C-3.004(3), F.A.C., and is certified as such on initial classification or on reclassification by the State animal health official and the USDA.

(8) through (14) renumbered (12) through (18) No change.

(15) “Domestic Animal” shall include any equine or bovine animal, goat, sheep, swine, domestic cat, dog, poultry, ostrich, emu, rhea, or other domesticated beast or bird.

(16) through (22) renumbered (19) through (25) No change.

(23) Equine Interstate Passport. A card produced by the Department that serves as proof of negative EIA test and OCVI that is accepted by participating states for interstate movement.

(24) through (26) renumbered (26) through (28) No change.

(29)(27) Import, Imported, Importation. The movement of animals into Florida, from another state or United States (U.S.) possession, or foreign country.

(28) renumbered (30) No change.

(29) Livestock.Grazing animals, such as cattle, horses, sheep, swine, goats, other hoofed animals, ostriches, emus, and rheas which are raised for private use or commercial purposes.

(30) renumbered (31) No change.

(32)(31) Official Certificate of Veterinary Inspection (OCVI). A legible record or certificate made on an official form approved by from the animal’s state of origin, issued and signed by a veterinarians licensed and accredited in the animal’s state of origin for the purpose of certifying the Official Individual Identification, test requirements, and health status of specific animals for movement, exhibition, and other designated purposes.

(33)(32) Official Individual Identification. A numbering system for the official identification of individual Animals in the United States that provides a national unique identification number for each Animal. Forms of approved Official Individual Identification for species specified in the Code of Federal Regulations (CFR), are as follows: An individual animal identification that uniquely identifies the animal, the owner, the Premises where the animal was identified, and the state in which the Official Individual Identification was applied as referenced in 9 C.F.R §86.1., 9 C.F.R. §86.1 (2018) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10864.

(a) Cattle and bison, as referenced in 9 C.F.R. § 86.4, (JAN 2024) which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref- XXXX.

(b) Equine, as referenced in 9 C.F.R. § 86.4, which is incorporated by reference in paragraph (33)(a) of this rule.

(c) Sheep and goats must conform to the identification guidelines of the USDA, APHIS Scrapie Program Standards Volume 1: National Scrapie Eradication Program, APHIS 91-55-079, April 2019, which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXXX. Sheep and goats must also conform to the identification guidelines of USDA, APHIS Scrapie Program Standards Volume 2: Scrapie Free Flock Certification Program (SFCP) May 2016, which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXXX.

Approved methods of identification include:

1. Official USDA-APHIS-VS Scrapie eartags;

2. Premises identification tattoos (must be legible and contain the flock number and unique animal number. The flock number is assigned by the USDA, APHIS and is required to be on the OCVI);

3. Official breed registry tattoos (must be accompanied by either the official breed registration certificate or an OCVI that includes the corresponding official registration number); or

4. Electronic microchip/implant (must be accompanied by owner statement of ID numbers, chip manufacturer, chip reader for verification of placement and the USDA flock number recorded on the OCVI) when the breed registry allows for electronic implant identification, as recorded on a registration certificate.

(d) Swine, as referenced in 9 C.F.R. § 71.19, (JAN 2024) which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref- XXXX.

(33) through (44) renumbered (34) through (45) No change.

(46)(45) Recognized Slaughtering Establishment. An animal slaughtering establishment regulated by operating under the provisions of the Federal Meat Inspection Act (21 U.S.C. §§601-695), or an equivalent in the animal’s state of origin state meat inspection program or those establishments that are exempt from the Federal Meat Inspection Act pursuant to 9 C.F.R. § 303.1(a).

(46) through (54) renumbered (47) through (55) No change.

Rulemaking Authority 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 570.36(2), 585.003, 585.08(2)(a), 585.11(1), (4), 585.145(1), (2), 585.16 FS. History–New 6-29-62, Amended 2-5-85, Formerly 5C-3.01, Amended 9-6-89, 3-23-94, 6-4-95, 12-12-04, 5-24-10, 2-19-14, 2-8-16, 8-19-19, 1-31-21,__________.

 

5C-3.005 Goats or Sheep.

(1) Official Certificate of Veterinary Inspection (OCVI) Required. All goats or sheep Imported into Florida, except goats or sheep consigned directly to Recognized Slaughtering Establishments, must be accompanied by an OCVI. The OCVI must include the following:

(a) The Official Individual Identification of each Aanimal which must conform to the identification guidelines of the USDA, APHIS Scrapie Program Standards Eradication Uniform Methods and Rules, USDA, June 1, 2005. USDA, APHIS Scrapie Program Standards Eradication Uniform Methods and Rules, USDA, Volume 2: Scrapie Free Flock Certification Program (SFCP) June 1, 2005 is hereby incorporated by reference and available online at

http://www.flrules.org/Gateway/reference.asp?No=Ref-10879. Approved methods of identification include:

1. Official USDA-APHIS-VS Scrapie eartags;

2. Premises identification tattoos (must be legible and contain the flock number and unique Aanimal number. The flock number is assigned by the USDA, APHIS and is required to be on the OCVI);

3. Official breed registry tattoos (must be accompanied by either the official breed registration certificate or an OCVI that includes the corresponding official registration number); or

4. Electronic microchip/implant (must be accompanied by owner statement of ID numbers, chip manufacturer, chip reader for verification of placement and the USDA flock number recorded on the OCVI) when the breed registry allows for electronic implant identification, as recorded on a registration certificate.

(b) No change.

(2) No change.

(3) Goats or Sheep consigned directly to a Recognized Slaughtering Establishment Immediate Slaughter Goats or Sheep. Slaughter goats or sheep are not required to have an OCVI, as exempted by this rule, but do require:

(a) No change.

(b) Official Identification. All goats or sheep entering Florida for slaughter purposes must be individually identified in accordance with paragraph 5C-3.001(33)(c) 5C-3.005(1)(a), F.A.C.; and

(c) The goats or sheep must be moved directly to a Recognized Slaughter Establishment without stopping or unloading at other premises livestock facilities in route.

(4) Testing Requirements for Dairy Goats.

(a) through (b) No change.

(c) Test Exemptions. There are no tuberculosis or brucellosis test requirements for meat type or pygmy goats.

(d) Testing exemptions for dairy goats being imported into Florida for exhibition purposes only are defined and referenced in subsection 5C-4.005(3), F.A.C.

Rulemaking Authority 570.07(23), 585.002(4), 585.08(2) FS. Law Implemented 570.07(15), 570.36(2), 585.08(1), (2)(a), 585.145(1), (2), 585.16 FS. History–New 6-29-62, Amended 2-5-85, Formerly 5C-3.05, Amended 9-6-89, 3-23-94, 6-4-95, 12-12-04, 5-24-10, 8-19-19, ___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Michael Short, Director/State Veterinarian

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture, Wilton Simpson

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 09/24/2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 10/01/2024