The proposed rule will update definitions, includes minor updates to existing rules, and adds rule 5C-3.015 addressing the prevention of the spread of Rabbit Hemorrhagic Disease Virus Type 2 (RHDV2), by requiring that Lagomorphs ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Animal Industry

RULE NOS.:RULE TITLES:

5C-3.001Definitions

5C-3.004Cattle or Bison

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

5C-3.015Rabbits

PURPOSE AND EFFECT: The proposed rule will update definitions, includes minor updates to existing rules, and adds rule 5C-3.015, F.A.C. addressing the prevention of the spread of Rabbit Hemorrhagic Disease Virus Type 2 (RHDV2), by requiring that Lagomorphs intended for movement into Florida be inspected seventy-two (72) hours prior to entry in this state by a veterinarian and be free from clinical signs of the disease.

SUMMARY:  The proposed rule includes minor updates to existing rules and adds new rule 5C-3.015, F.A.C.

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 Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied upon the fact that the revisions being made to the rule only clarify definitions and testing requirements for importation of animals into Florida, no fees are associated with this rule. Additionally, no interested party submitted additional information regarding the economic impact.

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)(a) FS.

LAW IMPLEMENTED: 570.07(15), 570.36(2), 585.003, 585.08(1), (2)(a), 585.11(1), (4), 585.14, 585.145(1), (2), 585.16, 828.29(1)(a), (2)(a) 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, [e-mail]; [phone]; Fax: [phone]

 

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) through (27) No change.

(28) Lagomorph. Any member of the taxonomic order Lagomorpha.

(28) through (38) renumbered (29) through (39) No change.

(40)(39) Prior Permission Number. Specific permission granted by the State Veterinarian or Division representative prior to movement of certain animals and Poultry into Florida. A Prior Permission Number will be granted when the Division determines that the animal(s) meets the requirements of this chapter. When prior permission is required by this chapter, the Prior Permission Number must be written on the OCVI or on the Owner-Shipper Statement accompanying the animal(s). Such prior permission may be either written permission or issuance of a permission number requested by telephone, facsimile message, or email. A Prior Permission Number may be obtained by calling, faxing, or emailing the Division of Animal Industry during normal business hours.

Phone: [phone]

Fax: [phone]

Email: [e-mail] [e-mail].

(40) through (41) renumbered (41) through (42) No change.

(43) Rabbit Hemorrhagic Disease (RHD). A highly fatal hemorrhagic disease of rabbits and other lagomorphs caused by viruses in the family Caliciviridae, including Rabbit Hemorrhagic Disease Virus and Rabbit Hemorrhagic Disease Virus 2.

(42) through (52) renumbered (44) through (54) 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, ________.

 

5C-3.004 Cattle or Bison.

(1) through (2) No change.

(3) Other Requirements and Limitations.

(a) through (c) No change.

(d) Testing Requirements.

1. through 2. No change.

3. Trichomoniasis Testing

a. All non-virgin bulls and all bulls eighteen (18) months of age and older, which are not otherwise exempt from negative trichomoniasis test requirements, must test negative to an official Trichomoniasis Approved Test, as defined in subsection 5C-3.001(51)(49), F.A.C., within sixty (60) days prior to entry into Florida. The laboratory name, accession number, test date, negative trichomoniasis test results and Official Identification must be recorded on the OCVI or Owner-Shipper Statement. Exemptions to the trichomoniasis testing requirement are:

(I) through (IV) No change.

b. through c. No change.

(4) No change.

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–Amended 3-22-63, 8-20-64, 9-23-65, 7-25-66, 11-15-67, 3-1-68, 3-12-70, 7-1-70, 9-1-72, 4-5-77, 7-1-79, 7-1-80, 9-30-80, 8-9-81, 9-14-82, 6-26-83, 2-5-85, Formerly 5C-3.04, Amended 9-6-89, 3-23-94, 6-4-95, 12-12-04, 5-24-10, 8-19-19, ________.

 

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

(1) No change.

(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 Influenzae (AI):

(a) through (f) No change.

(3) Testing Requirements.

(a) No change.

(b) Avian Influenza (AI) testing requirements.

1. through 4. No change.

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. 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), and 145.43(g) (2018), as adopted in rule 5C-3.001, F.A.C., in AI affected states;

b. through d. reordered a. through c. No change.

6. No Change.

(4) No change.

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, ________.

 

5C-3.015 Rabbits.

(1) All Lagomorphs originating from a state that has had RHD diagnosed in wild or domestic animals in the past twenty-four (24) months, are required to be accompanied by an Official Certificate of Veterinary Inspection. The OCVI must include the statement in section 5C-3.015(2), F.A.C. and be signed and dated by the examining veterinarian within seventy-two (72) hours prior to entry into Florida.

(2) The OCVI must include the following statement from the examining veterinarian, “All animals on this shipment have not been exposed to a known or suspected case of RHD and show no clinical signs of diseases on the inspection date of (inspection/examination date).”

Rulemaking Authority 570.07(21), (23), 585.08(2)(a) FS. Law Implemented 585.08(1), 585.145 FS. History–New.                 

 

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

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE:

Commissioner of Agriculture Nicole “Nikki” Fried

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 10/29/20

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 11/02/20