DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NOS.:RULE TITLES:
5C-5.001Definitions
5C-5.003Facilities
5C-5.004Dealer Registration and Record Keeping
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 45 No. 241, December 13, 2019 issue of the Florida Administrative Register.
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 shall apply:
(1) Livestock market. – Any location in the state where livestock is assembled and sold at public auction or on a commission basis during regularly scheduled or special sales. The term “livestock market” does not include private farms or ranches or sales made at livestock shows , fairs, exhibitions, or special breed association sales.
(2) Dealer. – A person, not a market agency, engaged in the business of buying or selling livestock either on his or her own account or as the employee, broker, or agent of a vendor or purchaser. The term shall not include a person who buys or sells livestock as part of his own bona fide breeding, feeding, dairy or beef operation 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 or her own premises.
Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.001, 585.01, 585.145(1), (2) FS. History–Amended 9-1-72, 9-30-80, Formerly 5C-5.01, Amended 6-4-95, .
5C-5.003 Facilities.
(1) No change.
(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 JanuaryMay 1, 2019, and hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx.
(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 JanuaryMay 1, 2019, and previously incorporated by reference herein.
Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.145 (1), (2) FS. History–Amended 5-20-63, Formerly 5C-5.03, Amended 6-4-95, .
5C-5.004 Record Keeping.
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, 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 January 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.
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, .
