The purpose of the rule is to improve the state’s ability to trace bovine livestock (cattle and bison) in the event of an animal disease emergency. Official individual identification enables Florida producers to market animals into other states ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Animal Industry

RULE NOS.:RULE TITLES:

5C-31.001Definitions

5C-31.002Application of Official Individual Identification

5C-31.003Approved Tagging Site Requirements

5C-31.004Required Identification for Intrastate Movement

5C-31.005Documents Incorporated By Reference

PURPOSE AND EFFECT: The purpose of the rule is to improve the state’s ability to trace bovine livestock (cattle and bison) in the event of an animal disease emergency. Official individual identification enables Florida producers to market animals into other states under federal and state regulations which require official individual identification. This rule provides definitions, reporting procedures and forms for official individual identification of adult cattle and bison moving within the state.

This rule will require that, unless specifically exempt, adult cattle and bison moving intrastate within Florida must have official individual identification. This regulation specifies approved forms of official individual identification which will be accepted.

SUMMARY: The proposed rule is being developed in order to protect the cattle of Florida, manage disease outbreaks and ensure market access for cattle and bison moved to other states. Animal identification is critical to prevent and control dangerous transmissible diseases of such livestock. Identification and record-keeping enable producers and regulatory officials to trace the movement of diseased animals and more quickly and efficiently contain disease outbreaks. Difficulties in identifying the source of individual animals and their cohorts increase the scope and costs of investigations and response.

This rule will provide for identification of adult cattle and bison moving within Florida just as a recently published federal rule does for cattle and bison moving across state lines. This rule will not only support disease control measures but also ensure marketing capability as other states adopt similar requirements.

Impact of Rule: This rule will require producers to identify adult cattle prior to movement in order to support disease tracing and control efforts. This rule will not change existing rules but supports those rules which require official identification of cattle.

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 been prepared by the agency.

Rule Chapter 5C-31 has been developed with industry consensus, to comply with federal rule, requiring age-specific and destination-specific cattle be identified with approved identification tags; which will be provided free of charge by the Florida Department of Agriculture and Consumer Services, Division of Animal Industry (FDACS-DAI). Some cattle operations will incur higher operational costs in order to place identification tags on the cattle they sell.

The rule is not expected to have any adverse impacts on economic growth, private sector job creation or employment, or private sector investment; nor will it have an adverse impact on business competitiveness. The rule is not expected to have an adverse impact on productivity and innovation in the cattle industry.

Some operations will have to change their management practices in order to tag cattle or they may elect to pay for tag application at an Approved Tagging Site. Labor costs would increase for producers who chose to apply Official Identification to their own cattle. Costs at Approved Tagging Sites would be established by Tagging Site Managers.

Implementing and enforcing this rule will involve Department personnel time and effort but will be incorporated into current work with cattle producers, market operators, and other enforcement efforts. There is no expected impact to any government entity: state, local or small counties or cities.

There will be no additional revenues raised as a result of Rule Chapter 5C-31. The costs that will be accrued by the cattle industry as a result of the implementation of Rule Chapter 5C-31 are increased operational costs, which by statutory definition qualify as transactional costs. These costs will be borne entirely by private individuals and entities involved in cow-calf operations in the state of Florida; expected total costs to the industry range between $56,735 and $170,353 annually, depending on the realized cattle sales and per unit costs of tagging animals.

Any person who wishes to provide information regarding the statement of estimated regulatory costs or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

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: 534.071, 570.07(23), 585.002(4), 585.08(2) (a) FS.

LAW IMPLEMENTED: 570.07(15), 585.08(2) (a), 585.11, 585.145 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: Mr. Stephen Monroe, Division of Animal Industry, 407 South Calhoun Street, Tallahassee, Florida 32399-0800, phone: [phone], fax: [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Chapter 5C-31 Cattle Identification.

 

5C-31.001 Definitions.

(1) Approved Livestock Facility. A livestock market or stockyard under state or federal veterinary supervision where livestock are assembled and that has been approved under 9 C.F.R. § 71.20 (2013), as incorporated in Rule 5C-31.006, F.A.C.

(2) Approved Tagging Site. A site or location specifically approved by the department to apply official individual identification to cattle.

(3) Approved Tagging Site Manager. The individual responsible for an approved tagging site.

(4) Cattle. Any bull, steer, ox, cow, heifer, calf, or any other bovine animal including bison.

(5) Moved directly. The transport of cattle, without offloading, from one premises to another.

(6) Official Individual Identification. An individual animal identification that uniquely identifies the animal, the premises of origin or the premises where the animal was uniquely identified, and the state in which the official individual identification was applied, and

(a) Is approved by the United States Department of Agriculture in accordance with 9 C.F.R. § 86.4(a)(1) (2013) as incorporated in Rule 5C-31.006, F.A.C., or

(b) Is submitted to the department and verified by the department as meeting the requirements for official individual identification such that state officials can determine the herd in which the animal was officially identified.

(7) Premises Identification Number. A nationally unique number assigned by a state, tribal and/or federal animal health authority to a premises that is, in the judgment of the state, tribal and/or federal animal health authority, a geographically distinct location from other premises.

(8) Premises of Origin. The farm or ranch at which the official individual identification is applied, or if the official identification is applied at an approved tagging site, the farm or ranch from which the cattle have been brought to the approved tagging site.

(9) Recognized Slaughter Establishment. Any slaughter establishment operating under the provisions of the Federal Meat Inspection Act (21 U.S.C. §§ 601 et seq.) as incorporated in subsection 5C-3.001(36), F.A.C., or the state meat inspection act of the state in which the establishment is located.

Rulemaking Authority 534.071, 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 585.08(2)(a), 585.11, 585.145 FS. History–New__________.

 

5C-31.002 Application of Official Individual Identification.

(1) Official individual identification may be applied by a cattle owner, veterinarian, or other person employed or contracted by an owner on an owner’s premises; or at an approved tagging site, by the tagging site manager or a person employed by such manager.

(2) Official individual identification may be obtained:

(a) From United States Department of Agriculture Approved Providers as provided in 9 C.F.R. § 86.4(a) (1) (2013), as incorporated in Rule 5C-31.006, F.A.C.

(b) From Florida Department of Agriculture and Consumer Services, Division of Animal Industry at no charge. Official individual identification tags may be requested using the form entitled Request For Official Identification Devices, FDACS-09246, Rev. 05/13, as incorporated in Rule 5C-31.006, F.A.C. In order to obtain official identification devices from the department, a premises identification number is required. The premises identification number can be applied for using the form the Application for Premises Registration, FDACS-09215, Rev. 05/13, as incorporated in Rule 5C-31.006, F.A.C. The department shall provide written notification containing a premises identification number to the applicant upon approval.

Rulemaking Authority 534.071, 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 585.08(2)(a), 585.11, 585.145 FS. History–New__________.

 

5C-31.003 Approved Tagging Site Requirements.

(1) Applicant shall submit the Application for Approved Tagging Site and Tagging Site Manager, FDACS-09254, 03/13, as incorporated in Rule 5C-31.006, F.A.C., to the address provided on the application. This application provides the physical location of the proposed site and the signature of the individual of record serving as tagging site manager.

(2) The department shall provide written notification to the applicant upon approval or disapproval of the site as an approved tagging site.

(3) Each approved tagging site shall:

(a) Report any change in management to the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, and

(b) Be open to inspection by the Florida Department of Agriculture and Consumer Services, Division of Animal Industry during tagging or as requested for review of official records.

(4) An approved tagging site manager shall:

(a) Maintain records of official individual identification tags applied using the form entitled Record of Official Individual ID Applied to Cattle in Florida, FDACS-09255, 03/13, as incorporated in Rule 5C-31.006, F.A.C., unless official individual identification tags are provided by the owner. If official individual identification tags are provided by the owner to be applied at the approved tagging site, then the tagging site manager is not required to maintain records as provided by paragraph (2)(a) above.

(b) Ensure that official individual identification is correctly correlated to the owner/premises of origin; and

(c) Ensure that official individual identification tags provided by an owner are applied only to cattle belonging to that owner; and

(d) Forward records to Florida Department of Agriculture and Consumer Services, Division of Animal Industry within 7 days of application of tags.

Rulemaking Authority 534.071, 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 585.08(2)(a), 585.11, 585.145 FS. History–New__________.

 

5C-31.004 USDA Approved Livestock Facilities.

Unidentified cattle required to be officially identified in accordance with Rule 5C-31.005, F.A.C. and brought to a USDA approved livestock facility shall be:

(1) Tagged by the market acting as an approved tagging site on behalf of the consignor/owner or

(2) Placed into designated “slaughter only” sale channels or

(3) Denied entry to the market.

Rulemaking Authority 534.071, 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 585.08(2)(a), 585.11, 585.145 FS. History–New__________.

 

5C-31.005 Required Identification for Intrastate Movement.

Cattle 18 months of age or older, moving within the state of Florida, must have official individual identification unless the cattle are:

(1) Being moved directly to a Recognized Slaughter Establishment or through no more than one USDA approved livestock facility and then to a recognized slaughter facility;

(2) Being moved directly to an approved tagging site; or

(3) Being moved from one premises to another premises with the cattle remaining under common ownership as part of normal farm or ranching operations. Cattle shall not be commingled with cattle under separate ownership.

Rulemaking Authority 534.071, 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 585.08(2)(a), 585.11, 585.145 FS. History–New__________.

 

 

5C-31.006 Documents Incorporated By Reference.

The following documents are hereby incorporated by reference. Copies of these documents may be obtained from the Division of Animal Industry, 407 South Calhoun Street, Tallahassee, Florida 32399-0800 or online as indicated.

(1) Application for Premises Registration, FDACS-09215, Rev. 05/13, http://www.flrules.org/Gateway/reference.asp?No=Ref-03294.

(2) Request For Official Identification Devices, FDACS-09246, Rev. 05/13, http://www.flrules.org/Gateway/reference.asp?No=Ref-03295.

(3) Application for Approved Tagging Site and Tagging Site Manager, FDACS-09254, 03/13, http://www.flrules.org/Gateway/reference.asp?No=Ref-03296.

(4) Record of Official Individual ID Applied to Cattle in Florida, FDACS-09255, 03/13,

http://www.flrules.org/Gateway/reference.asp?No=Ref-03297.

(5) 9 C.F.R. § 71.20 (2013), http://www.flrules.org/Gateway/reference.asp?No=Ref-03299.

(6) 9 C.F.R. § 86.4(a)(1) (2013), http://www.flrules.org/Gateway/reference.asp?No=Ref-03298.

Rulemaking Authority 534.071, 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 585.08(2)(a), 585.11, 585.145 FS. History–New__________.

 

5C-31.007 Penalties.

Violations of Chapter 5C-31, F.A.C., will be determined as referenced in Rule 5C-30.003, F.A.C.

Rulemaking Authority 534.071, 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 585.08(2)(a), 585.11, 585.145 FS. History–New__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Thomas J. Holt, State Veterinarian, Director, Division of Animal Industry, Florida Department of Agriculture and Consumer Services, 407 South Calhoun Street, Tallahassee, Florida 32399-0800, Phone: [phone], Fax: [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam, Plaza Level 10, The Capitol, 400 South Monroe Street, Tallahassee, FL 32399-0800, [phone]

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 23, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 14, 2013