Repeals unnecessary rule and creates definitions and testing requirements for domestic fowl, poultry, poultry products, and ratites prior to intrastate movement within Florida if Highly Pathogenic Avian Influenza (HPAI) is identified in the states ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Animal Industry

RULE NOS.:RULE TITLES:

5C-16.001Purpose

5C-16.021Intrastate Movement of Domestic Fowl

PURPOSE AND EFFECT: Repeals unnecessary rule and creates definitions and testing requirements for domestic fowl, poultry, poultry products, and ratites prior to intrastate movement within Florida if Highly Pathogenic Avian Influenza (HPAI) is identified in the states of Alabama, Florida, Georgia, or Mississippi. The revisions will clarify requirements and strengthen the State’s animal health protection strategy.

SUMMARY: Additional testing requirements for intrastate movement of non-National Poultry Improvement Plan (NPIP) flocks is proposed if Highly Pathogenic Avian Influenza (HPAI) is found within Florida or in the states of Alabama, Georgia, or Mississippi.

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 historical populations of birds that would be impacted by this rule. Intrastate movement of poultry primarily consists of single birds or small flocks for fairs, shows, small sales, or other exhibition purposes. Commercial operations within the state are members of the NPIP program and would not be impacted by this rule change. Due the small amount of birds affected and the fact the additional testing requirements would be temporary in nature until the disease is eliminated from areas of concern, the cost of this rule implementation would not be expected to exceed $200,000. 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(3), 585.002(4), 585.08(2) FS.

LAW IMPLEMENTED: 585.08(2)(a), 585.11(1),(3),(4), 585.145(1),(2), 585.16 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. James L. Maxwell, Chief, Bureau of Animal Disease Control, [phone], Fax: [phone]; [e-mail], 407 South Calhoun Street M7, Tallahassee, Florida 32399-0800

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5C-16.001 Definitions Purpose.

For the purpose of this rule chapter, the definitions in Sections 585.001 and 585.01, F.S., and the following shall apply:

(1) Avian Influenza- An infectious disease of wild birds and domestic poultry caused by viruses in the family Orthomyxoviridae, genus Influenza virus A.

(2) Avian Influenza Approved Test- antibody or antigen capture methodologies recognized by NPIP and conducted at a laboratory approved to conduct such tests by USDA, APHIS.

(3) Control Area- a limited movement area established by the Division of Animal Industry that is at least ten (10) km (~6.21 miles) beyond the perimeter of a Highly Pathogenic Avian Influenza infected premises.

(4) Domestic Fowl- any member of the class Aves that is propagated or maintained under control of a person for commercial, exhibition or breeding purposes, or as pets.

(5) Emergency Management Response Services (EMRS)- A USDA, APHIS, web-based application for authorized users in the reporting of routine investigations of foreign animal diseases (FADS), surveillance and control programs, state specific disease outbreaks, and national animal health emergency responses (all-hazards).

(6) Highly Pathogenic Avian Influenza- an avian influenza virus of H5 or H7 subtype that has an intravenous pathogenicity index in six (6) week old chickens greater than or equal to one point two (1.2) or causes greater than seventy-five (75) percent mortality in four (4) to eight (8) week old chickens infected intravenously.

(7) National Poultry Improvement Plan (NPIP)- a cooperative state-federal-industry program for prevention and control of certain hatchery-disseminated diseases and for improvement of poultry and poultry products as provided 9 CFR §§ 145-147 (2013) as adopted in Rule 5C-3.001, F.A.C.

(8) Official Certificate of Veterinary Inspection (OCVI)- a legible record of certificate made on an official form from the animal’s state of origin, issued and signed by  veterinarians licensed and accredited in the animal’s state of origin for the purpose of certifying the official individual identifications, test requirements, and health status of specific animals for movement, exhibition, and other designated purposes.

(9) Poultry- chicken, turkeys, quail, pheasants, chukars, peafowl, guineas, ratites, and waterfowl. The term also includes other domestic fowl used for commercial, exhibition or breeding purposes, or as pets.

(10) Poultry Products-  hatching eggs, breeder flocks for imported hatching eggs, chicks, or poults less than four (4) days old, chicks, poults, litter, and offal but does not include table eggs and processed poultry for human consumption.

(11) Racing Pigeon- racing pigeons are homing pigeons used to race. The homing pigeon is a variety of domestic pigeon (Columba livia domestica) derived from the rock pigeon, selectively bred to find its way home over extremely long distances.

(12) USDA, APHIS. The United States Department of Agriculture, Animal and Plant Health Inspection Services.

In order to provide for the administration of the National Poultry Improvement Plan and for disease detection, control, and eradication efforts relating to diseases of poultry, the below listed parts of the Code of Federal Regulations are hereby incorporated by reference. Copies may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, DC 20402-9328.

(1) Those portions of 9 C.F.R. § 53 (1994) relating to diseases of poultry;

(2) 9 C.F.R. § 82 (1994);

(3) 9 C.F.R. § 145 (1994); and

(4) 9 C.F.R. § 147 (1994).

Rulemaking Authority 570.07(23), 585.002(4), 585.08(2) FS. Law Implemented 585.11(1), (3), 585.16 FS. History–New 1-1-67, Formerly 5C-16.01, Amended 7-3-95, _____.

 

5C-16.021 Intrastate Movement of Domestic Fowl

(1) If state or federal animal health officials suspect or positively identify Highly Pathogenic Avian Influenza in domestic fowl within the states of Alabama, Georgia, Mississippi, or Florida, then all domestic fowl moving within Florida must meet the following requirements.

(a) Official Certificate of Veterinary Inspection (OCVI) required. All domestic fowl, poultry and eggs for hatching purposes moving within Florida, unless exempted by this rule, must be accompanied by an OCVI. Poultry and hatching eggs classified under provisions of the National Poultry Improvement Plan (NPIP) may substitute Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (OCT 2011), as adopted in Rule 5C-3.012, F.A.C., for the OCVI. The following are exempt from the OCVI requirement;

1. Racing Pigeons that are transported out of Florida for racing purposes in a sealed crate(s) and reenter Florida with unbroken seals.

2. Poultry consigned directly to a recognized slaughtering establishment.

(b) Avian Influenza Testing Requirements.

1. Poultry originating from a Non-Quarantine or Control Area;

a. All poultry and poultry products must be accompanied by proof of a negative approved test for Avian Influenza (AI), and;

b. Poultry must be tested no more than seven (7) days prior to movement, and;

c. If a flock with greater than thirty (30) birds is to be moved within Florida, then no less than thirty (30) samples per flock must be taken with at least ten (10) samples taken per house; or

d. If a flock of less than thirty (30) birds is to be moved within Florida, then all birds must be tested.

2. Exemptions. No Avian Influenza test is required for the following:

a. Poultry or poultry products originating from flocks classified as US Avian Influenza Clean, as provided in 9 CFR §§ 145.23(h), 145.33(i), 145.43(g), 145.53(e), and 145.63(b) (2013), as adopted in Rule 5C-3.001, F.A.C.

b. Ratites;

c. Exotic birds;

d. Racing pigeons.

3. Proof of negative Avian Influenza (AI) testing must be documented on the Report of Sales of Hatching Eggs, Chicks, Poults, VS Form 9-3 (OCT 2011), as adopted in Rule 5C-3.012, F.A.C., or the OCVI listing the description of birds, test date, test results, and the name of the laboratory.

4. Poultry originating from a Quarantine or Control Area;

a. No domestic fowl, live poultry, or poultry products originating from an Avian Influenza Quarantine or Control Area within Florida moving within the state may move within or out of the Quarantine and Control Area except poultry or poultry products that have completed all USDA, APHIS requirements. The Department shall verify these requirements have been met through the Emergency Management Response System (EMRS) prior to permitting for movement out of the Quarantine and Control Area.

b. A movement permit number generated by the Emergency Management Response System (EMRS) must accompany the shipment and be recordered on either the OCVI or the Report of Sales of Hatching Eggs, Chicks, Poults, VS Form 9-3 (OCT 2011).

(2) The Department shall publish a notice in the Florida Administrative Register and shall notify industry associations of the immediate implementation of the requirements in 5C-16.021(1) F.A.C.

(3) Failure to comply with the requirements of 5C-16.021(1) F.A.C. will result in the penalties as provided in 5C-30.003, F.A.C.

Rule-making Authority 570.07(23), 585.002(4), 585.08(2) FS. Law Implemented 585.007, 585.08(2)(a), 585.11(1), (3), 585.145, 585.16 FS. History–New                 .

 

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

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 04/18/2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 2/22/2016; Vol. 42, No. 35