Removes the requirement for Department personnel to inspect vehicles and containers used to transport carcasses and refuse.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Animal Industry

RULE NOS.:RULE TITLES:

5C-23.001Definitions

5C-23.002Application for Permit; Fees

PURPOSE AND EFFECT: Removes the requirement for Department personnel to inspect vehicles and containers used to transport carcasses and refuse.

SUBJECT AREA TO BE ADDRESSED: Animal Carcass/Refuse Haulers

RULEMAKING AUTHORITY: 585.002(4), 585.08(2)

LAW IMPLEMENTED: 585.002(5), 585.145(1), 585.147

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Dr. Michael Short, State Veterinarian, [phone]; Fax: [phone]; [e-mail]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

5C-23.001 Definitions.

For the purposes of this chapter the following definitions shall apply:

(1) Animal. This term shall include any equine or bovine animal, goat, sheep, swine, domestic cat, dog, poultry or other domesticated beast or bird; the term animal shall include wild or game animals whenever necessary to effectively control or eradicate diseases.

(2) Department. The Florida Department of Agriculture and Consumer Services.

(3) Division. The Division of Animal Industry of the Florida Department of Agriculture and Consumer Services.

(4) Dying, disabled, diseased animal. Any animal, as defined by this section that shows evidence of infection with any infectious, contagious or communicable disease or is incapable of moving under its own power.

(5) Forms and Materials. Department of Agriculture and Consumer Services Application and Permit to Transport Animal Carcasses/Refuse (Form DACS-09056, Rev. 01-99) is hereby incorporated by reference. Copies may be obtained from the Department of Agriculture and Consumer Services, Division of Animal Industry, 407 South Calhoun Street, The Mayo Building, Tallahassee, Florida 32399-0800.

Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.145(1), 585.147 FS. History–New 10-26-99, Amended, ____.

 

5C-23.002 Application for Permit; Fees.

(1) No person shall engage in the business of transporting or hauling any dead, dying, disabled, or diseased animal; any product of an animal that died other than by slaughter; or any inedible animal product not meant for human consumption without having first applied for, and obtained from the department, a permit unless they are permitted to transport or haul livestock pursuant to Section 585.147, F.S. and are transporting animals that have died or become disabled during shipment.

(2) Application for Permit. The applicant must submit a signed Application For Permit to Transport Animal Carcasses/Refuse, FDACS-09056, Rev. 01/99 Form DACS-09056, Application and Permit to Transport Animal Carcasses/Refuse, together with a non-refundable application fee of $200, to the Division of Animal Industry, Florida Department of Agriculture and Consumer Services, 407 South Calhoun Street, The Mayo Building, Tallahassee, Florida 32399-0800. Application For Permit to Transport Animal Carcasses/Refuse, FDACS-09056, Rev. 01/99 is hereby incorporated by reference and can be found online at http://www.flrules.org/Gateway/reference.asp?No=Ref-. The fee must be submitted as a check or money order made payable to the Florida Department of Agriculture and Consumer Services.

(3) Requirements for Permit. Upon receipt of the application and fee, an authorized representative of the Department will inspect all vehicles and containers used in the transportation and storage of carcasses or refuse to determine compliance with the requirements of this chapter.

(3)(4) Issuance of Permit. Applicants that submit the required completed application and fee meeting the requirements on inspection by an authorized representative of the Department will be issued a permit. All permits expire on June 30 of each year.

(4)(5) Reissue of Permit. The applicant will submit to the Department a completed Application For Permit to Transport Animal Carcasses/Refuse, FDACS-09056, Rev. 01/99, referenced in 5C-23.002(2) F.A.C., DACS-09056 form indicating a request for reissue of permit signed by an authorized representative and accompanied by a permit fee as set forth above. Permit reissue requests will be due by July 1 of each year. If a permit request for reissue has not been received by July 1, an applicant must comply with all provisions of this rule as though never previously permitted.

Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.002(5), 585.145(1), 585.147 FS. History–New 10-26-99, Amended, ____.