The proposed rule will clarify definitions and rule language, and incorporate applicable provisions of the Code of Federal Regulations (C.F.R.). The proposed rule will also clarify the requirements for traceability and record keeping, helping ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Animal Industry

RULE NOS.:RULE TITLES:

5C-5.001Definitions

5C-5.002Diseased Animals

5C-5.0021Identification and Test of Cattle Sold for Slaughter

5C-5.003Facilities

5C-5.004Dealer Registration and Record Keeping

PURPOSE AND EFFECT: The proposed rule will clarify definitions and rule language, and incorporate applicable provisions of the Code of Federal Regulations (C.F.R.). The proposed rule will also clarify the requirements for traceability and record keeping, helping safeguard against the spread of disease.

SUMMARY: The proposed rule will clarify definitions, and incorporate C.F.R, and clarify requirements for traceability and record keeping.

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 is not raising any fees, only updating the rule to clarify definitions and updating the requirements, exemptions and limitations of Intrastate Movement of Domestic Fowl.

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: 585.002(4), 585.08(2), FS.

LAW IMPLEMENTED: 585.001, 585.01, 585.145(1), (2), 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, [phone]; Fax: [phone]; [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5C-5.001 Definitions.

For the purpose of this chapter, the definitions provided in Sections 585.001 and 585.01, F.S., and the following words shall apply have the meaning indicated:

(1) Livestock market. – Aany location place in the state where livestock is assembled and sold atfor sale, whether by private sale or public auction, or on a commission basis during regularly scheduled or special sales, wholly or in part. The term “livestock market” does not include privately owned farms orand ranches or sales made at livestock shows , fairs, exhibitions, or special breed association sales thereat.

(2) Dealer. – Aany person, not a market agency, engaged in the business of buying or selling livestock in commerce either on his or her own account or as the employee or agent of a the vendor and/or purchaser, or any person engaged in the business of buying or selling livestock in commerce on a commission basis. The term shall not include a person who buys or sells livestock as part of his own bona fide breeding, feeding, or dairy and/or beef operations and is not engaged in the business of buying, selling, trading or negotiating the transfer of livestock, nor a person who receives livestock exclusively for immediate slaughter on his own premises.

Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.001, 585.01, 585.145(1), (2), 585.01(13) FS. History–Amended 9-1-72, 9-30-80, Formerly 5C-5.01, Amended 6-4-95.,          .

 

5C-5.002 Diseased Animals.

(1) No livestock known to be affected with any infectious, contagious or communicable disease or infested with pests which have been declared as dangerous transmissible pests shall be received or admitted into any livestock market within the state, except when separate facilities are provided for this purpose, and such diseased animals are accompanied by a permit for Movement of Restricted Animals issued by permit issued by authorized representative of the Ddepartment pursuant to Chapter 5C-3, F.A.C.

(2) All livestock presented at livestock markets on regular sale days mayshall be inspected by an employee of the Ddepartment and any animal showing evidence of infection with any infectious, contagious or communicable disease or infestation with pest which have been declared as dangerous transmissible pests shall be denied entry.

Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.145(1), (2) FS. History–Amended 5-20-63, Formerly 5C-5.02, Amended 6-4-95.,             .

 

5C-5.0021 Identification and Test of Cattle Sold for Slaughter.

Breeding Ccattle over 18 months of age sold through livestock markets or by dealers to packing establishments for immediate slaughter shall be identified as to herd of origin by the application of numbered back or hip tags supplied by the United States Department of Agriculture (USDA), or other approved method of identification as provided by Chapter 5C-31 F.A.C. supplied by the department. Cattle so identified, upon arrival at the packing establishment, shall have blood samples drawn for brucellosis tests to be conducted in a state-federal laboratory.

Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.145 585.11(1), (2) FS. History–New 1-15-69, Amended 9-1-72, 9-30-80, Formerly 5C-5.021, Amended 6-4-95.,           .

 

5C-5.003 Facilities.

(1) All livestock markets shall provide the following for disease control:sufficient testing facilities and personnel, proper inspection pens, adequate water supply, and adequate equipment for routine disinfection of facilities and vehicles.

(2) All livestock markets shall ensure their facilities, including all yards, docks, pens, alleys, sale rings, chutes, scales, means of conveyance, and other associated equipment, are thoroughly cleaned and disinfected as provided in 9 C.F.R. part 71, revised as of May 1, 2019, and hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx. weekly or more often if deemed necessary under supervision of a representative of the Division. Each market operator shall be responsible for the proper cleaning of his market. Disinfecting equipment and materials will be furnished by the department.

(3) USDA Approved Livestock Facilities must operate in compliance with a signed USDA agreement and comply with 9 C.F.R. §71.20, revised as of May 1, 2019, and previously incorporated by reference herein.

Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.145 585.11(1), (2) FS. History–Amended 5-20-63, Formerly 5C-5.03, Amended 6-4-95.,             .

 

5C-5.004 Dealer Registration and Record Keeping.

(1) Every livestock market and dealer shall keep complete records containing the names and addresses of persons, firms and partnerships or corporations bringing to or offering livestock for sale at such markets or to such dealers. Such records shall show the name and address of the owner of said livestock, and the names and addresses of the purchaser or purchasers of said livestock, records identifying the livestock as provided in 9 C.F.R. § 86.3 and the livestock’s breed, age and sex, to allow for the successful tracing of each animal to its herd of origin. Records allowing for the successful tracing of animals to their herd of origin shall be kept for two years for poultry, and swine, and for five years for cattle, cervids, equines, goats, sheep, and any animal purchased for resale and required to be officially identified as set forth in Chapter 5C-31, F.A.C. or 9 C.F.R. § 86 revised as of May 1, 2019 and incorporated herein by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx. These records shall be made available to the Department upon request.

(2) Any dealer who purchases, deals in, or sells cattle; or who acts as a commission representative or broker; or who operates and conducts an auction where cattle are sold must be licensed and bonded. Each registered or licensed person, firm or corporation shall keep sufficient records of all test-eligible animals purchased for resale to successfully trace such animals to their herd of origin. 

(3) Any dealer or firm involved may be denied registration or have their registration suspended or cancelled when one of the following occurs:

(a) There is adequate evidence to establish intent to violate or circumvent record keeping requirements of this section and/or animal health regulations; or

(b) There is a demonstrated history of repeated inability to trace back to the point of origin those exposed or reactor animals handled by the dealer.

Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.14, 585.145(1), (2) FS. History–Amended 9-1-72, 9-30-80, Formerly 5C-5.04, Amended 6-4-95.,             .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Michael Short, Division Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Nicole “Nikki” Fried

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 10/16/2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 10/22/2019