DEFINITIONS, PROCEDURES FOR INSPECTION OF ANIMALS TO BE IMPORTED INTO OR MOVED WITHIN THE STATE, PENALTIES, INCORPORATED MATERIALS

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Animal Industry

RULE NO: RULE TITLE
5C-30.001: DEFINITIONS
5C-30.002: PROCEDURES FOR INSPECTION OF ANIMALS TO BE IMPORTED INTO OR MOVED WITHIN THE STATE
5C-30.003: PENALTIES
5C-30.004: INCORPORATED MATERIALS

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. 35 No. 52, December 31, 2009 issue of the Florida Administrative Weekly.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will have an impact on small business. A SERC has been prepared by the agency.

This proposed rule provides procedures utilized by the Department for handling inspection of animals imported into the state and for certain animals moving within the state and establishes administrative penalties for violations of animal health requirements for movement of animals as provided in Chapters 5C-3 and 5C-4, F.A.C.

The purpose of this rule to help protect Florida’s livestock and poultry industries and the citizens of the state from the potential introduction of certain dangerous transmissible diseases that, if introduced into the state, may have a severe economic impact on the state’s agricultural economy and the welfare of its citizens.

The overall economic impact of this rule on small businesses is minimal when compared to the potential devastating economic impact that may result if such inspection procedures and penalties for violations to the Department’s animal importation rule were not in place and enforced on a 24/7 basis. Penalties contained in this proposed rule would only impact those individuals or small businesses found to be in violations of the Department’s animal import rule. Additionally, specific fines under the administrative actions are provide for the most serious violations that involve fraudulent documentation related to movement of animals or movement of animals in violation of animal quarantines. There are no expected additional costs to the Department, other state agencies and local governments by implementation of this rule chapter and no expected transactional costs for individuals who comply with these rules.

5C-30.001 Definitions.

(1) through (4) No change.

(5) Quarantine. A strict isolation and restriction of movement of animals infected with, suspected of being infected with, or exposed to dangerous transmissible diseases or other infectious diseases or pests that may be foreign or newly emerging and that may result in significant animal loss, economic damage or are suspected of causing human illness, to a premises or area, to prevent the spread of diseases or pests. The lack of appropriate health documentation as provided in 5C-3 and 5C-4, F.A.C., and Chapter 585.145, F.S., is sufficient to determine that there is a risk of disease transmission requiring quarantine.

(a) Animal Quarantine. Quarantine of animals to specified premises.

(b) Area Quarantine. Quarantine of specified geographic areas within the state.

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), 585.145(1),(2), 585.16, 585.23, 585.40 FS. History–New________.

 

5C-30.002 Procedures for Inspection of Animals to be Imported into or Moved within the State.

(1) Any person importing animals into the State of Florida or moving animals within the state is subject to inspection by a Department representative to determine whether the animal has the appropriate health documentation as provided in Chapters 5C-3 and 5C-4, F.A.C., and Chapter 585.145, F.S., shows signs of illness, or is deceased.

(a) through (5) 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), 585.145(1),(2), 585.16, 585.23, 585.40 FS. History–New________.

 

5C-30.003 Penalties.

(1) No change.

(2) The provision of specified penalties in this rule shall not preclude the Department from seeking any legal remedy or injunctive relief available under Sections 585.005 and 585.007, F.S. its authorizing statutes.

(3) The penalties for failure to comply with the health standards for importation or intrastate movement of animals are as provided in Table #1.

 

TABLE #1 Decision and Penalty Matrix for Division of Animal Industry Movement Violations Division of Animal Industry – AI                                 Equine Infectious Anemia – EIA Individually Identified – ID                                            National Poultry Improvement Plan – NPIP Official Certificate of Veterinary Inspection – OCVI (valid for 30 days) Pullorum-Typhoid – PT                                                  TestTuberculosis – TB
SPECIES	VIOLATION	INTRASTATE (Within State)	INTERSTATE (Import into State)	ADMINISTRATIVE ACTION*
All Animals	Use of forged, altered or counterfeited document.	Quarantine back to premises of origin. *The violator could be charged criminally, to be determined by OALE.	Refuse entry into state. *The violator could be charged criminally, to be determined by OALE.	1st $500 2nd $2,500 3rd $5,000 4th and subsequent violations within 24 months of last violation – $10,000.
All Animals	Animals showing signs of illness or dead animals.	Contact Division of Animal Industry.	Refuse entry for dead animals. All other animals showing signs of illness, contact the Division of Animal Industry. Quarantine to premises of destination or refuse entry based upon signs presented and/or clinical evaluation.	Contact Division of Animal Industry.
All Animals	Movement of animals in violation of quarantine.	Quarantine back to premises of origin. *The violator could be charged criminally, to be determined by OALE.	Refuse entry into state. *The violator could be charged criminally, to be determined by OALE.	1st $500 2nd $2,500 3rd $5,000 4th and subsequent violations within 24 months of last violation – $10,000.
All Animals (Except poultry and deer-see below).	No prior permission number.	N/A	Allow entry into state. Division of Animal Industry will contact issuing veterinarian.	1st Advisory Notice 2nd Advisory Notice 3rd and subsequent violations within 24 months of last violation – refuse entry into state.
Cattle and Bison (Bovine)	No tuberculosis (TB) test, brucellosis test, ID, or invalid OCVI /no OCVI.	N/A	Quarantine to destination.	1st Quarantine 2nd Quarantine 3rd and subsequent violations within 24 months of last violation – refuse entry into state.
Deer (Cervidae)	No OCVI or prior permission.	Quarantine back to premises of origin.	Refuse entry into state.	Intrastate Movement Quarantine back to premises of origin. Interstate Movement-Refuse entry into state.
Goats and Sheep (Caprine and Ovine)	No ID (USDA scrapie tags- required unless consigned to a USDA-approved livestock market).	Quarantine back to premises of origin.	Refuse entry into state.	Intrastate Quarantine back to premises of origin. Interstate Refuse entry into state.
Goats and Sheep (Caprine and Ovine)	No OCVI/invalid OCVI, TB test, or brucellosis test.	N/A	Quarantine to destination.	1st Quarantine 2nd Quarantine 3rd and subsequent violations within 24 months of last violation – refuse entry into state.
Goats and Sheep (Caprine and Ovine)	No veterinary disease-free statement as required in paragraph 5C-3.005(1)(b), F.A.C.	N/A	Advisory notice.	Advisory notice.
Horses (Equine)	No EIA test, outdated EIA test, EIA not accurate/ legible, or EIA does not match horse.	Quarantine back to premises of origin.	Refuse entry into state if consigned to a show, sale or exhibition. All other shipments-refuse entry into state; or at owner’s request and expense, call a Florida accredited veterinarian to test for EIA, and quarantine to destination pending outcome of the test or call a Florida veterinarian, at owner’s expense, to submit EIA test and quarantine to destination.	Intrastate: Quarantine back to premises of origin. Interstate: Refuse entry or quarantine to destination with pending EIA test.
Horses (Equine)	No OCVI, invalid OCVI, or OCVI does not match the horse.	N/A	Call a Florida veterinarian to issue OCVI, at owner’s expense, and allow entry. If no veterinarian is available, then quarantine to destination.	1st Quarantine 2nd Quarantine 3rd and subsequent violations within 24 months of last violation – refuse entry into state.
Horses (Equine)	No equine piroplasmosis (EP) test or treatment if from endemic area.	Quarantine back to premises of origin.	Refuse entry into state.	Refuse entry.
Horses (Equine)	No temperature reading on OCVI.	N/A	Allow entry into state and issue an advisory notice.	Advisory notice.
Pigs (Swine/Porcine)	No pseudorabies test, brucellosis test, no ID, or OCVI/invalid OCVI.	N/A	Quarantine to destination.	1st Quarantine 2nd Quarantine 3rd and subsequent violations within 24 months of last violation – refuse entry into state.
Poultry (Avian)	No OCVI/invalid OCVI, PT test, or NPIP/VS 9-3.	N/A	Refuse entry into state.	Refuse entry into state.
Poultry (Avian)	No prior permission number with VS 9-3.	N/A	Allow entry and issue an advisory notice.	1st Advisory notice. 2nd Advisory notice. 3rd and subsequent violations within 24 months of last violation – refuse entry into state.
Poultry (Avian)	No prior permission number with OCVI.	N/A	Allow entry to a single destination and quarantine.	1st Quarantine 2nd Quarantine 3rd and subsequent violations within 24 months of last violation – refuse entry into state.

*The penalties in Table #1 are listed in the order that they will apply with each succeeding violation.

(4) No change.

5C-30.004 Incorporated Materials.

(1) through (2) No change.

(3) USDA APHIS Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89) and USDA APHIS Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (AUG 2005) may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

(4)(3) All of the foregoing forms are hereby incorporated by reference. Samples of the Department’s foregoing forms may be viewed or obtained by contacting the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, 407 South Calhoun Street, Room 331, Mayo Building, Tallahassee, Florida 32399-0800 or by visiting: http://www.doacs.state.fl.us/onestop/index.html.

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), 585.145(1),(2), 585.16, 585.23, 585.40 FS. History–New________.