The proposed rule will clarify definitions; update and incorporate forms by rule; update and clarify the requirements for cattle or bison being imported into the state to include official identification. Clarify requirements of Trichomoniasis ...  

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    DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

    Division of Animal Industry

    RULE NOS.:RULE TITLES:

    5C-3.001Definitions

    5C-3.002General Requirements and Limitations

    5C-3.003Equine

    5C-3.004Cattle or Bison

    5C-3.005Goats or Sheep

    5C-3.007Swine

    5C-3.009Dogs or Cats

    5C-3.011Cervids (Farmed or Captive)

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

    5C-3.014Elephants

    PURPOSE AND EFFECT: The proposed rule will clarify definitions; update and incorporate forms by rule; update and clarify the requirements for cattle or bison being imported into the state to include official identification. Clarify requirements of Trichomoniasis Testing; clarifying requirements for importation of Swine including official identification. The proposed rule will also, clarify movement requirements of Cervids in accordance with State of Florida Fish and Wildlife Conservation Commission Rule 68A-4.0051, F.A.C., clarify exemptions from the movement restrictions of Cervids; and add importation requirements of elephants.

    SUMMARY: Importation requirements for animals moving into Florida.

    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, there are fees are associated with this rule, but based on history, no SERC required, see SERC worksheet for explanation. 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, (850)410-0900; Fax: (850)410-0929

     

    THE FULL TEXT OF THE PROPOSED RULE I

    5C-3.001 Definitions.

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

    (1) Accredited Veterinarian. A state licensed veterinarian accredited by the United States Department of Agriculture, Animal and Plant Health Inspection Service (USDA, APHIS) to perform certain functions of federal and cooperative state-federal programs in accordance with the provisions of 9 C.F.R. §§ 160-162 (2013). 161.1 (JAN 2018), incorporated in subsection 5C-4.0015(1), F.A.C.

    (2) Administrator. The Administrator of USDA, APHIS or any person authorized to act for the Administrator.

    (3) Animal(s). or Domestic Animal -Any animals that are maintained for private use or commercial purposes; including any equine such as horse, mule, ass, burro, or zebra; any bovine such as bull, steer, ox, cow, heifer, calf, or bison; any other hoofed animal such as goat, sheep, swine, or cervids; any domestic cat, dog, reptile, or amphibian; any avian such as ratites, poultry, or other domesticated bird or fowl; or any captive, exotic or non-native animals.

    This term is as defined in section 585.01(10), F.S., which provides that the term “animal” shall include wild or game animals whenever necessary to effectively control or eradicate dangerous transmissible diseases or pests which threaten the agricultural interests of the state.

    (4) Approved Livestock Facility Market. A stockyard, livestock market, buying station, concentration point, or any other premises under State or Federal veterinary supervision where Livestock are assembled and that has been approved by the Administrator pursuant to under 9 C.F.R. § 71.20 (20182013), where livestock in interstate movement are assembled for sale purposes. 9 C.F.R. § 71.20 (2018) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx.

    (5) Approved Tagging Site. A site or location specifically approved by the Department in accordance with Chapter 5C-31, F.A.C., to apply Official Individual Identification to cattle.

    (5) Authorized Representative. An employee of the state or federal government, or a licensed veterinarian accredited by the USDA, who is authorized to conduct animal disease control and eradication activities.

    (6) Avian Influenza (AI) or Exotic Newcastle Disease (END) – Affected State. Any state in which AIAvian Influenza subtypes H5 or H7 or END virus has been diagnosed in Poultry within the last ninety (90) days prior to Importation into Florida.

    (7) Avian Influenza (AI) Approved Test.- Aantibody or antigen capture methodologies recognized by the National Poultry Improvement Plan (NPIP) and conducted at a laboratory approved to conduct such tests by USDA, APHIS.

    (8) Cervidae Herd Health Plan. A Florida Department of Agriculture and Consumer Services (FDACS) disease surveillance plan for Cervids as described defined and required in Chapter 5C-26, F.A.C.

    (9) Cervids. Any farmed or captive members of the family Cervidae and hybrids, including deer, elk, moose, caribou, reindeer, and related species that are raised or maintained in captivity for the production of meat and other agricultural products, for sport, or for exhibition.

    (10) Cleaned and Disinfected. Free of organic matter and disinfected in accordance with 9 C.F.R. §§ 71.7 and 71.10-71.12 (20182013). 9 C.F.R. §§ 71.7 and 71.10-71.12 (2018) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx.

    (11) Commuter Herd. A herd of cattle moved interstate during the course of normal livestock management operations without a change of ownership or comingling of cattle of different ownership directly between two premises, as provided in a commuter herd agreement. The Commuter Herd participating states are Alabama, Florida, Georgia, and Mississippi.

    (12) Competitive Enzyme-linked Immunosorbent Assay (cELISA). A test that uses antibodies and color change to identify and quantify total antibodies in a sample.

    (13)(11) Department. The Florida Department of Agriculture and Consumer Services.

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

    (15) “Domestic Animal” shall include any equine or bovine animal, goat, sheep, swine, domestic cat, dog, poultry, ostrich, emu, rhea, or other domesticated beast or bird.

    (16)(13) 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.

    (17) Electronic Equine Infectious Anemia (EIA) Form (A.K.A. Coggins Form). An electronic version of a USDA, APHIS and Department approved EIA form which must be complete, legible, and accurate with a detailed description of the equine that the test record represents, including the breed registration number or registry tattoo, when applicable; the name of the equine; the age, breed, sex and color; all other distinctive markings, including markings on the legs and face, color patterns, body brands, scars, whorls and blemishes, and digital images of the Equine. The digital images must consist of three (3) color images to include a full view of both sides of the Equine and the face from above the ears to below the muzzle. 

    (18)(14) Emergency Management Response Services (EMRS). is Aa 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).

    (19)(15) Endemic Disease. A disease will be characterized as an Eendemic Disease to in a particular locality, region, state, or U.S. possession based on known positive cases, prevalence of the disease, presence of competent vectors and/or evidence of natural transmission of the disease such that the disease is maintained in the population without external inputs.

    (20)(16) Equine. Any member of the family Equidae, including horses, mules, asses, and zebras.

    (21) Equine Event Extension. A document accompanied by the original Official Certificate of Veterinary Inspection (OCVI), valid for six (6) months from the date of issuance, and proof of a negative EIA test within the previous twelve (12) months, is accepted by participating states for interstate movement.

    (22) Equine Infectious Anemia (EIA). A viral disease of horses, commonly known as swamp fever, which is infectious and is spread primarily by bloodsucking insects. Transmission can also occur through transfer of infected blood by fomites, such as contaminated hypodermic needles and other instruments.

    (23) Equine Interstate Passport. A card produced by the Department that serves as proof of negative EIA test and OCVI that is accepted by participating states for interstate movement.

    (24)(17) Exotic (virulent) Newcastle Disease (END) Approved Test.- Aantigen capture methodologies recognized by the National Animal Health Laboratory Network (NAHLN) and conducted at a laboratory approved to conduct such tests by the USDA, APHIS.

    (25) Feeder Swine. A weaned gilt or barrow weighing forty (40) – eighty (80) pounds at six (6) – eight (8) weeks of age that is sold to be finished for slaughter.

    (26)(18) Feral Swine. Swine that have lived all (wild) or any part (feral) of their lives as free-roaming. This definition does not include those exotic swine maintained by a zoo or aquarium accredited by the Association of Zoos & Aquariums.

    (27)(19) Import, Imported, Importation. The movement of animals into Florida, from another state, United States (U.S.) possession, or foreign country.

    (28) Livestock. Grazing animals, such as cattle, horses, sheep, swine, goats, other hoofed animals, ostriches, emus, and rheas which are raised for private use or commercial purposes.

    (29)(20) National Poultry Improvement Plan (NPIP). A cooperative state-federal-industry program for prevention and control of certain hatchery-disseminated diseases and for improvement of Ppoultry and Ppoultry Pproducts as provided in 9 C.F.R. §§ 145-147 (20182013). 9 C.F.R. §§ 145-147 (2018) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx.

    (30)(21) Official Certificate of Veterinary Inspection (OCVI). A legible record or 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 originorgin for the purpose of certifying the Oofficial Iindividual Iidentification, test requirements, and health status of specific animals for movement, exhibition, and other designated purposes.

    (31)(22) Official Individual Identification. An individual animal identification that uniquely identifies the animal, the owner, the Ppremises where the animal was identified, and the state in which the Oofficial Iindividual Iidentification was applied as referenced in 9 C.F.R § 86.1., 9 C.F.R. § 86.1 (2018) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx.

    ; and,

    (a) For Cattle:

    1. Is approved by the United States Department of Agriculture in accordance with 9 C.F.R. § 86.4(a)(1) (2013), as incorporated in Rule 5C-31.006, F.A.C.; or

    2. Is submitted to and verified by the Department as meeting the requirements for official individual identification such that state officials can determine the herd in which the animal was officially identified.

    (b) For Livestock Other than Cattle:

    1. Tattoos and registered brands such as ear, tail-web or flank tattoos, breed registration tattoos when accompanied by breed registration papers; or an official breed registration brand when accompanied by a brand registration certificate;

    2. Leg or wing bands for poultry;

    3. Color digital images or notarized color photographs of an equine signed by a state-licensed, USDA-accredited veterinarian; or

    4. Implanted electronic chip with a unique number recognized as International Organization for Standardization (ISO) compliant or that is accompanied by automated reader capable of capturing and recording the unique animal identification number.

    (32)(23) Owner-Shipper Statement. Any document signed by the owner or shipper as evidence of ownership or authority for possession of and for the transport of animals. Information required on the Owner-Shipper Statement is listed in subsection 5C-3.002(2), F.A.C.

    (33)(24) Permit for Movement of Restricted Animals, (VS Form 1-27 (JUN 89). A permit issued by an employee of the state or federal government, or a licensed veterinarian accredited by the USDA, who is authorized to conduct animal disease control and eradication activities, authorized representative prior to the interstate shipment of animals infected or exposed to dangerous transmissible regulated diseases, which shall include:

    (a) The number of animals to be moved;

    (b) The purpose for which the animals are to be moved;

    (c) The points of origin and destination; and,

    (d) The consignor and consignee.

    Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx.

    (34)(25) Poultry. Chickens, turkeys, quail, pheasants, chukars, peafowl, guineas, ratites, and waterfowl. The term also includes other Ddomestic Ffowl used for commercial, exhibition, or breeding purposes, or as pets.

    (35)(26) Poultry and Eggs for Hatching Purposes. A specific designation of those species of Ddomestic Ffowl and the qualified eggs produced by these fowl that are eligible for testing and qualification under the supervision of the National Poultry Improvement Plan (NPIP). This term is also referred to as Eggs for Hatching Purposes.

    (36)(27) Poultry Products. Hatching eggs, chicks, poults, litter, and offal, but does not include table eggs and or processed poultry for human consumption.

    (37) Premises. A location where animals are housed or kept.

    (38) Premises Identification Number. A nationally unique number assigned by a state, tribal, and/or federal animal health authority to a Premises that is, in the judgment of such state, tribal, and/or federal animal health authority, a geographically distinct location from other Premises.

    (39)(28) Prior Permission Number. Specific permission granted by the State Veterinarian or Division authorized representative prior to movement of certain animals and Ppoultry 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 Pprior Ppermission Nnumber must be written on the OCVIOfficial Certificate of Veterinary Inspection 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, or facsimile message, or e-mail. A Pprior Ppermission Nnumber may be obtained by calling, or faxing, or e-mailing the Division of Animal Industry during normal business hours,.

    Pphone: (850)410-0900,

    Fax: (850)410-0946.

    E-mail: AnimalPermits@FreshFromFlorida.com.

    (29) Production Swine. Swine that are maintained on a premises for breeding or feeding purposes and which have no direct contact with feral or transitional swine.

    (40) Pullorum-Typhoid (PT) Approved Test. Antibody or antigen capture methodologies recognized by the NPIP and conducted at a laboratory approved to conduct such tests by USDA, APHIS. The NPIP number of a registered flock will be recorded on this form titled, Poultry Testing, FDACS-09123, Rev. 09/17. Poultry Testing, FDACS-09123, Rev. 09/17 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx. The test results of Non-NPIP registered flocks will be documented on Poulty Testing, FDACS-09123, Rev. 09/17.

    (41)(30) Quarantine. Strict isolation imposed by the Department on animals or premises or other defined geographic areas, to prevent the spread of diseases or pests.

    (42)(31) 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.

    (43)(32) Recognized Slaughtering Establishment. An animal slaughtering establishment operating under the provisions of the Federal Meat Inspection Act (21 U.S.C. §§ 601-695 [2013]), or an equivalent in of the animal’s state of origin’s state meat inspection program.

    (44)(33) Restricted Animals. Animals that are quarantined, infected with, or exposed to any infectious or communicable disease.

    (45)(34) Service Animals. A dog or minature horse as defined and limited in Section 413.08 (2) (3) (4), F.S. Any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability including, but not limited to: guiding individuals with impaired vision, alerting individuals with impaired hearing of intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair or fetching dropped objects.

    (46)(35) State Veterinarian. The Director of the Division of Animal Industry of the Florida Department of Agriculture and Consumer Services.

    (47)(36) Transitional Swine. Swine that have been, or have potentially been had the potential to be, exposed to Fferal Sswine.

    (48)  Triple Trunk Wash (TW) Culture.  A direct test designed to detect viable Mycobacterium tuberculosis (Mtb) organisms via culture of material obtained from an elephant trunk wash.  The recommended routine Mtb monitoring is an annual triple mycobacterial trunk wash culture.  Each testing event should consist of three (3) independent collections on three (3) days within a one (1) week period.  It is recommended that food and water be witheld from elephants for two (2) hours before the TW is performed to help minimize the contamination of the TW sample.

    (49) Trichomoniasis Approved Test. Testing utilizing polymerase chain reaction (PCR) analysis performed on bovine preputial wash samples submitted by a Category II Accredited Veterinarian to an American Association of Veterinary Laboratory Diagnostics (AAVLD) accredited laboratory in accordance with protocols provided by the laboratory and consistent with national standards.

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

    (51)(38) Vesicular Stomatitis (VS)-Affected State. Any state in which either of the VS virus serotypes New Jersey or Indiana  has have been diagnosed and has one or more Ppremises is currently under state or USDA, APHIS quarantine.

    (52)(39) Working Dogs. Any dog in the possession of a federal, military, state or local governmental agency or private organization that is trained for the purpose of human search and rescue, body recovery, arson detection, bomb detection, narcotics detection, food and agricultural product detection, criminal apprehension, police assistance or other related purposes, whether in the performance of such tasks or while traveling to and from such tasks.

    (40) The following documents are hereby adopted and incorporated by reference. These documents may be obtained by contacting the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, 407 South Calhoun Street, Tallahassee, Florida 32399-0800 and are available online as indicated.

    (a) 9 C.F.R. §§ 71.1, 71.7, 71.10-12, 71.20, 145-147, 160-162 (2013),

    http://www.flrules.org/Gateway/reference.asp?No=Ref-03314.

    (b) Federal Meat Inspection Act (21 U.S.C. §§ 601-695 (2013),

    http://www.flrules.org/Gateway/reference.asp?No=Ref-03308.

    (c)Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89),

    http://www.flrules.org/Gateway/reference.asp?No=Ref-03301.

    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, Amended______.

     

    5C-3.002 General Requirements and Limitations.

    (1) Official Certificate of Veterinary Inspection (OCVI) Required. Animals Iimported into Florida must be accompanied by an OCVI unless exempted by this rule. The OCVI must be in the possession of the driver of the vehicle or person otherwise in charge of the animals. The OCVI must accompany the animals to their final destinations in Florida.

    (a) Information Required. The OCVI must be legible and fully completed by the issuing Aaccredited Vveterinarian and must include the following:

    1. The name and address of the consignor;

    2. The name and address of the consignee;

    3. The physical address of the point of origin and Ppremises Iidentification Nnumber of the point of origin, if assigned by state officials in the animal’s state of origin.; If a Premises Identification Number is assigned by Florida state officials, it will be documented on an Application For Premises Registration, FDACS-09215, Rev. 05/13. as incorporated by reference in Rule 5C-31.006, F.A.C.

    4. The physical address of the point of destination;

    5. The date of examination;

    6. The number of animals examined;

    7. The Oofficial Iindividual Iidentification of each animal, and the name or registered brand or tattoo number;

    8. The sex, age, and breed of each identified animal;

    9. Test results and herd or state status on certain diseases as specified in this chapter;

    10. Prior Ppermission Nnumber, if required in subsections 5C-3.002(3)(a)-(d), F.A.C.;

    11. A statement by the issuing veterinarian that the animals identified on the OCVI are free of signs of infectious or communicable disease; and

    12. In addition to the above, fFor Eequine only, the establishment or Ppremises location at which the animal was examined, body temperature at examination, and color and markings. a description sufficient to identify the individual Equine including name, sex, breed, color, markings, and unique and permanent forms of identification when present (e.g. brands, tattoos, scars, cowlicks, blemishes, or biometeric measurements).

    (b) Division Notification. A copy of the OCVI must be forwarded, by the issuing Accredited Veterinarian, within seven (7) calendar days of issuance for all Livestock and Poultry, including Equines, and within thirty (30) days of issuance for all non-livestock species to the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, 407 SouthS. Calhoun Street St., Tallahassee, Florida FL 32399-0800.

    (c) OCVI Notification. The OCVI will be void thirty (30) days from the date of inspection/issuance, with the exception that an OCVIs for equine may be valid less than thirty (30) days extended as provided in subsections 5C-3.002(5) and 5C-3.003(4), F.A.C., or extended as provided in subsection 5C-3.003(5), F.A.C.

    (2) Owner-Shipper Statement. Animals which are not required to be accompanied by an OCVI for Iimportation, as exempted by this chapter, must be accompanied by an Owner-Shipper Statement signed by the owner or agent as evidence of ownership or authority for possession of the transported animals. This These documents must disclose:

    (a) The name and address of the consignor;

    (b) The name and address of the consignee;

    (c) The physical address of the point of origin;

    (d) The physical address of the point of destination;

    (e) The number of animals covered by the statement;

    (f) A description of the animals and Official Individual Identification as required by subsection 5C-3.002(1), F.A.C., or other identification sufficient to identify them for any and all purposes; and

    (g) A Pprior Ppermission Nnumber, if required by this chapter.

    (3) Prior Permission Number. A Pprior Ppermission Nnumber is required for on:

    (a) All farmed or captive Ccervids (deer, elk, etc.);

    (b) All hoofed animals from VS-Aaffected Sstates;

    (c) Equines from Contagious Equine Metritis (CEM) affected countries;

    (d) Equines consigned directly to a veterinary medical treatment facility for emergency medical care which do not have appropriate documentation for interstate movement;

    (e) Poultry and Poultry Products requiring a Prior Permission Number in accordance with paragraphs 5C-3.012(2)(a)-(f), F.A.C. All poultry and poultry products;

    (f) All domestic fowl and poultry and eggs for hatching purposes;

    (f)(g) Animals exposed to or infected with a contagious, infectious, communicable, or dangerous transmissible disease;

    (g)(h) Cattle or bison from states with less than Accredited Tuberculosis-Free or Brucellosis Class-Free status; pursuant to 9 CFR §§ 77 and 78.

    (h)(i) All swine; and

    (i)(j) Equines Imported from U.S. possessions where Equine Piroplasmosis (EP) is endemic.

    (4) Restricted Animals. All Rrestricted Aanimals must be accompanied by a Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89), as adopted by reference in Rule 5C-3.001, F.A.C., permit, have a Pprior Ppermission Nnumber, and the Pprior Ppermission Nnumber must be written on the Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89) for Iimportation into Florida or to be transported within Florida.

    (5) Vesicular Stomatitis.

    (a) Certification for Vesicular Stomatitis (VS).

    1. All hoofed animals, including horses, ruminants, swine, exotic, and wild hoofed animals, not originating from a Premises originating from non affected Preimises and or within ten (10) 10 miles of an affected Ppremises in a VS-Aaffected Sstate must be accompanied by an OCVI, dated within five (5) days of entry or reentry into Florida. The OCVI must be signed by an Accredited Veterinarian.

    2. The following statement must be written on the OCVI by the examining Accredited Veterinarian: “All animals susceptible to Vesicular Stomatitis (VS) identified and included in this OCVI for shipment have been examined and found to be free from clinical signs and vectors of VS, and have not been in contact with VS-affected animals, and have not been within ten (10) miles of a VS-affected Ppremises within the last thirty (30) days.”

    (b) Prior Permission Number. Animals originating from non-affected Ppremises in a VS-affected state will require a Pprior Ppermission Nnumber. The Pprior Ppermission Nnumber must be written on the OCVI.

    (6) Violations. Violators of this rule chapter will be penalized in accordance with Rule 5C-30.003, F.A.C.

    Rulemaking Authority 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 570.36(2), 585.11(1), 585.145(1), (2), 585.16 FS. History–New 6-29-62, Amended 2-5-85, Formerly 5C-3.02, Amended 9-6-89, 3-23-94, 6-4-95, 12-12-04, 5-24-10, Amended_______.

     

    5C-3.003 Equine.

    (1) Official Certificate of Veterinary Inspection (OCVI) Required. The OCVI must list the description sufficient to identify the individual Equine including name, age, breed, color, gender, distinctive markings, and unique and permanent forms of identification when present (eg. Brands, tattoos, scars, cowlicks, or blemishes), and temperature at the time of exam. An OCVI must accompany all Eequines Iimported into Florida, except the following:

    (a) Equines consigned directly to a veterinary medical treatment facility for emergency medical care until treatment is completed and the Eequine exits the state; or

    (b) Equines accompanied by an Equine Event Extension document, Equine Interstate Passport Card, or equivalent from the animal’s state of origin, signed by the State Veterinarian or chief animal health official as provided in subsection 5C-3.003(5), F.A.C.

    (2) Prior Permission Number. A Pprior Ppermission Nnumber must be obtained for:

    (a) Equines consigned directly to a veterinary medical treatment facility for emergency medical care which do not have appropriate documentation for interstate movement;

    (b) Equines Iimported into Florida from areas within the United. States. or foreign countries, possession where Equine Piroplasmosis (EP) is endemic; or

    (c) Equines Iimported into Florida the state from countries where Contagious Equine Metritis (CEM) is endemic; or

    (d) Equines Iimported into Florida from non-affected Ppremises in VS-Aaffected Sstates.

    (3) Equine Infectious Anemia (EIA) Test.

    (a) All Eequines Iimported into Florida must be accompanied by evidence of an official negative EIA serologic test as provided in the Equine Infectious Anemia: Uniform Methods and Rules, January 10, 2007, APHIS 91-55-064, January 10, 2007, completed within twelve (12) months prior to Iimportation,. Equine Infectious Anemia: Uniform Methods and Rules, APHIS 91-55-064, January 10, 2007 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx.except Tthe following are exempt from the EIA Serologic testing requirement:

    1. Foals under six (6) months of age accompanied by their dam which has met the EIA test requirements; and

    2. Equines exempted from the OCVI requirement under subsection paragraph 5C-3.003(1)(a), F.A.C.

    (b) The EIA test information must be recorded on the OCVI, or the Equine Event Extension document, or the Equine Interstate Passport Card, or equivalent from the animal’s state of origin, approved by the State Veterinarian or chief animal health official as provided in subsection 5C-3.003(5), F.A.C., and approved by the State Veterinarian or chief animal health official, and must include the following:

    1. The date the EIA test sample was collected;

    2. The result of the test;

    3. The name of the testing laboratory; and

    4. The laboratory accession number.

    (4) Equine Piroplasmosis Requirements.

    (a) The Commonwealth of Puerto Rico and the Virgin Islands of the United States have been determined to be endemic for Equine Piroplasmosis (EP) and Eequines moved from these areas to Florida are subject to the requirements of paragraphs 5C-3.003(2)(b) and (4)(b), (c) and (d), F.A.C. Pursuant to Section 585.14, F.S., the Division of Animal Industry, under the direction of the State Veterinarian, shall publish notice of other localities, regions, states, or U.S. possessions, where Equine Piroplasmosis (EP) is determined to be endemic on its website (www.FreshFromFlorida.com/Divisions-Offices/Animal-Industry www.flanimalindustry.com) and in the Florida Administrative Register Weekly as necessary.

    (b) Official Certificate of Veterinary Inspection (OCVI). Notwithstanding paragraph 5C-3.002(1)(c), F.A.C., for Eequines from localities, regions, states, or U.S. possessions where Equine Piroplasmosis (EP) is determined to be endemic, the inspection date of the Official Certificate of Veterinary Inspection (OCVI) that must accompany Eequines Iimported into or through the State of Florida shall be issued no more than fourteen (14) days prior to the entry of the Eequine into the state. The OCVI must also include the following statement: “All No animals identified on this certificate have  been on a Ppremises found positive for Theileria equi (Babesia Equi) or Babesia caballi or under quarantine within the past thirty (30) days. All animals identified on this certificate have been inspected and found free of ticks, and have been thoroughly treated with an approved acaricide labeled for use in Eequine within fourteen (14) days of entry.”

    (c) Testing. All Eequines Iimported into Florida from localities, regions, states or U.S. possessions where Equine Piroplasmosis (EP) is determined to be endemic must be accompanied by evidence of a negative Competitive Enzyme-linked Immunosorbent Assay (cCELISA) test for both Babesia caballi and Theileria equi (Babesia equi), performed at the USDA, APHIS United States Department of Agriculture, Animal and Plant Health Inspection Service, National Veterinary Services Laboratories (USDA-APHIS-NVSL) or other laboratory authorized by the USDA, APHIS, NVSL. The blood sample for the test must be taken within thirty (30) days prior to entry into Florida. The result and accession number must be listed on the OCVI.

    (d) Tick Vectors. All Eequines identified on the OCVI as originating from localities, regions, states, or U.S. possessions where Equine Piroplasmosis (EP) is determined to be endemic must be examined for, and found free of, ticks and must be thoroughly treated for ticks with an United States Environmental Protection Agency (EPA) registered acaricide labeled for use in horses.

    (e) Exemption. Equines from Florida consigned to localities, regions, states, or U.S. possessions where Equine Piroplasmosis (EP) is determined to be endemic that are returned to Florida within thirty (30) days of the issuance of the Florida OCVI are exempt from the requirements of this rule.

    (5) Equine Event Extension, FDACS-09051 Rev. 03/06 is hereby incorporated by reference and can be found online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx document or Equine Interstate Passport Card. Equine Interstate Passport Card FDACS-09207 Rev.08/18 is herby incorporated by reference and can be found online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx. Equine Event Extension document, or Equine Interstate Passport Card, or equivalent from the animal’s state of origin, when used in place of an OCVI, must certify the existence of an official negative EIA test within the previous twelve (12) months and a valid OCVI. The Equine Event Extension document, Equine Interstate Passport Card, or equivalent from the animal’s state of origin, will be valid for up to six (6) months from date of issuance of the OCVI provided that:

    (a) The purpose is to allow routine intrastate and interstate movement of Eequines to attend events such as horse shows or exhibitions, fairs, and trail rides. These documents may not be used for movement of Eequines for breeding purposes or change of ownership.

    (b) The Equine Event Extension document or Equine Interstate Passport Card, or equivalent from the animal’s state of origin shall include all other information required by subsections 5C-3.002(1) and 5C-3.003(3), F.A.C.;

    (c) The Equine Event Extension document or Equine Interstate Passport Card, or equivalent of the animal’s state of origin expiration date will not be later than the expiration date of the EIA test or six (6) months from date of issue of the OCVI.

    (d) An Equine Event Extension document or Equine Interstate Passport Card or equivalent from the animal’s state of origin, does not supersede or replace the requirements of any given event; and

    (e) An Equine Event Extension document, or Equine Interstate Passport Card, may be applied for by Florida residents and owners of Florida-origin horses, by submitting an Application for Equine Event Extension, FDACS-09078 Rev. 09/1710/05 or an Application for Equine Interstate Passport Card, FDACS-09219 Rev. 12/09, to: the Division of Animal Industry, Florida Department of Agriculture and Consumer Services, Division of Animal Industry, 407 SouthS. Calhoun StreetSt., Mayo Building, Tallahassee, Florida 32399-0800, or by Fax at : (850)410-0949 (850)410-0957. Application for Equine Event Extension, FDACS-09078 Rev. 09/17 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx.

    Application for Equine Interstate Passport Card, FDACS-09219 Rev. 12/09 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx. Applications may be obtained from: the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, 407 South Calhoun Street, Tallahassee, Florida 32399-0800,

    by facsimilie requests, or by Fax at (850)410-0949.

    (6) Brucellosis. Equines which are positive to a brucellosis test or which show evidence of “poll evil” or “fistulous withers,” whether draining or not, will not be allowed to enter the state for any purpose.

    (7) Forms and Materials. Application for Equine Event Extension, DACS-09078, Rev. 10/05 and Application for Equine Interstate Passport Card, DACS-09219, Rev. 12/09 are hereby incorporated by reference. Applications may be obtained from the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, 407 South Calhoun Street, Tallahassee, FL 32399-0800, by facsimile requests, Fax: (850)410-0946, or through the Department’s Licensing, Permits and Registration website: http://www. doacs.state.fl.us/onestop/index.html.

    The Equine Infectious Anemia: Uniform Methods and Rules, January 10, 2007, APHIS 91-55-064 is hereby incorporated by reference. Copies may be obtained by contacting: www.gpoaccess.gov.

    Rulemaking Authority 5370.07(23), 585.002(4), 585.08(2) FS. Law Implemented 570.07(15), 570.36(2), 585.002(5), 585.08(1), (2)(a), 585.14, 585.145(1), (2), 585.16 FS. History–New 11-21-65, Amended 6-26-66, 3-1-72, 10-15-73, 3-17-76, 9-14-82, 2-5-85, Formerly 5C-3.03, Amended 9-6-89, 3-23-94, 6-4-95, 12-12-04, 5-24-10,           .

     

    5C-3.004 Cattle or Bison.

    (1) Official Certificate of Veterinary Inspection (OCVI) Required. All cattle or bison Iimported into Florida must be accompanied by an OCVI, except the following, which must be accompanied by an Owner-Shipper Statement as provided in subsection 5C-3.002(2), F.A.C.:

    (a) Steers for feeding purposes;

    (b) Spayed heifers;

    (a)(c) Cattle or bison consigned directly to an Aapproved Llivestock Facility markets;

    (b)(d) Cattle or bison consigned directly to Rrecognized Sslaughtering Eestablishments; and

    (e) Cattle or bison which are not required to have an OCVI, as exempted by this rule, that are accompanied by an Owner-Shipper Statement as provided in subsection 5C-3.002(2), F.A.C.

    (c) Cattle moving directly to an Approved Tagging Site and returning to the out of state Premises of origin;

    (d) Cattle moving under a Commuter Herd Agreement;

    (e) Cattle moving from an Approved Livestock Facility in Georgia, Alabama, or Mississippi and moving directly to Florida, accompanied by an approved state of origin Permit for Interstate Movement from a USDA Approved Livestock Facility; and

    (2) Official Individual Identification. The OCVI must list the individual animal identification unless exempted by this rule. The Official Individual Identification requirements for cattle include:

    (a) Identification that complies with 9 C.F.R. § 86.4(a)(1) (2013), as incorporated in Rule 5C-31.006, F.A.C.; or

    (b) Tattoos and registered brands such as ear breed registration tattoos when accompanied by breed registration papers or an official breed registration brand when accompanied by a breed registration certificate; or

    (c) Is submitted to and verified by the Department as meeting the requirements for Official Individual Indentifications such that state officials can determine the herd in which the animal was officially identified.

    (d) Animals exempt from the Official Identification requirements are:

    1. Beef cattle less than eighteen (18) months of age, unless consigned to exhibition or rodeo;

    2. Cattle consigned directly to an Approved Tagging Site;

    3. Cattle consigned directly to an Approved Livestock Facility;

    4. Cattle consigned directly to Recognized Slaughtering Establishments; or

    5. Cattle moving under an approved Commuter Herd Agreement and Owner-Shipper Statement.

    (3)(2) Other Requirements and Limitations.

    (a) Cattle or bison infected with or exposed to tuberculosis or brucellosis or which are positive to an organism detection test for paratuberculosis (Johne’s Disease) may be Iimported only if consigned directly to a Rrecognized Sslaughtering Eestablishment. Such animals must be accompanied by a Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89) and must have a Pprior Ppermission Nnumber. The Pprior Ppermission Nnumber must be written on the Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89).

    (b) Permit for Interstate Movement from USDA Approved Livestock Facility, FDACS-09158 Rev. 04/18, or equivalent form approved by the state of origin, can be issued by an Approved Livestock Facility as a valid interstate movement document for cattle moving between Florida, Alabama, Georgia, or Mississippi. Permit for Interstate Movement from USDA Approved Livestock Facility, FDACS-09158 Rev. 04/18 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx. For cattle orginating at an Approved Livestock Facility in Florida, this form must be completed fully and legibly. Within seven (7) days of sale, a copy of the form must be submitted, to: the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, Cattle Programs Office, 2232 North East Jacksonville Road, Ocala, Florida 34470; and by Fax at : (352)620-7212; and  by Email at : CattleForms@FreshFromFlorida.com. This form must include the following information:

    1. Name of the Approved Livestock Facility;

    2. State of destination;

    3. Date of sale;

    4. Purchaser and phone number;

    5. Complete physical location of destination including contact phone number;

    6. Animal description including USDA backtag number or lot number. If no backtag was applied, age, sex, breed (to include designation as dairy or beef cattle), invoice number, and Official Identification, unless specifically exempt below:

    a. Cattle moving directly to slaughter are exempt from Official Identification requirement. Backtag information need not be listed on the Permit for Interstate Movement from a USDA Approved Livestock Facility, FDACS-09158 Rev. 04/18 if provided on the invoice and the invoice is attached.

    b. Beef cattle less than eighteen (18) months of age are exempt from the Official Identification requirement.

    (c) Commuter Herd Agreement is an official document issued by participating states, which is used in lieu of an Official Certficate of Veterinary Insection (OCVI).  All Official Individual Identification requirements and interstate disease testing requirements must be met. A Commuter Herd Agreement may be applied for by owners of Florida-origin cattle by submitting a Commuter Herd Agreement FDACS-09264 Rev. 04/18 to: Florida Department of Agriculture and Consumer Services, Division of Animal Industry, Cattle Programs Office, 2232 North East Jacksonville Road, Ocala, Florida 34470; Fax: (352)620-7212; Email: CattleForms@FreshFromFlorida.com. Commuter Herd Agreement FDACS-09264 Rev. 04/18 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx.

    1. Commuter Herd Agreement application must provide:

    a. Premises Identification Number and full physical address for Florida Ppremises; and

    b. Premises Identification Number and full physical address for out of state Ppremises in participating states of Alabama, Georgia, or Mississippi;

    c. Herd owner signature and contact information including phone number.

    2. Signature indictaes that herd owner agrees to comply with all identification and disease testing requirements of both states for interstate movement; 

    3. Commuter Herd Agreement is valid for twelve (12) months and participants must reapply following the procedures referenced in paragraph 5C-3.004(3)(c) F.A.C.; and

    4. Commuter Herd Agreement requires approval of the State Veterinarian of both participating states.

    (d)(b) Testing Requirements.

    1. Tuberculosis Test.

    a. Dairy cattle, six (6) months of age or older, which originate from accredited tuberculosis-free herds in tuberculosis-free states or areas, may enter Florida without tuberculosis testing. The herd accreditation number and state or area status and date of last negative herd test within the previous twelve (12) months must be listed on the OCVI.

    b. Dairy cattle moved into Florida from adjacent states as part of normal ranching or farm operations between Ppremises under common ownership or management are exempt from the tuberculosis testing requirements of this section if:

    (I)(i) They are moved from a closed herd or a herd which requires herd additions to be tested for tuberculosis prior to entry into the herd; and

    (II)(ii) There is no change of ownership of the animals and the movement between Ppremises does not exceed 50 miles.

    c. Beef cattle or bison, six (6) months of age or older, which originate from an accredited tuberculosis-free herd or tuberculosis-free state or area may enter Florida without tuberculosis testing. The accredited tuberculosis-free herd number and the date of the last negative herd test within the previous twelve (12) months or the tuberculosis-free state or area status must be written on the OCVI.

    d. All other dairy and beef cattle or bison, six (6) months of age or older, which are not otherwise exempt from negative tuberculosis test requirements, must test negative to an official tuberculosis test, as provided in the Bovine Tuberculosis Eradication, Uniform Methods and Rules, Effective January 1, 2005, APHIS 91-45-011, Effective January 1, 2005, within sixty (60) thirty (30) days prior to entry into Florida. Bovine Tuberculosis Eradication Uniform Methods and Rules, APHIS 91-45-011, Effective January 1, 2005 is hereby incorporated by reference and can be found online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx. The test date and negative tuberculin test results must be recorded on the OCVI.

    e. Rodeo Bulls or Roping Steers.

    (I) Rodeo bulls or roping steers, six (6) months of age or older, performing in rodeo events must have a negative test for tuberculosis within twelve (12) months prior to being Iimported into Florida.

    (II) Rodeo bulls, six (6) months of age or older, Iimported for purposes other than performing in rodeo events must meet the requirements of sub-subparagraphs 5C-3.004(3)(d)1.c. or d.,5C-3.004(2)(b)1.b. or c., F.A.C., above.

    f. All cattle or bison consigned directly to a recognized slaughtering establishment may enter Florida without tuberculosis testing.

    2. Brucellosis Test.

    a. A brucellosis test is not required for dairy and beef cattle or bison for Iimportation into Florida provided that the animals:

    (I) Originate from a Brucellosis Class-Free State or Area; or

    (II) Originate from a Certified Brucellosis Free Herd. The herd certification number and date of the last negative herd test within the previous twelve (12) months must be listed on the OCVI; or

    (III) Are official brucellosis vaccinated animals under eighteen (18) months of age, or are steers or spayed heifers; or

    (IV) Are consigned directly to a recognized slaughtering establishment.

    b. A negative brucellosis test, as provided in the Brucellosis Eradication: Uniform Methods and Rules, Effective October 1, 2003, USDA, APHIS 91-45-013, Effective October 1, 2003, is required within thirty (30) days prior to Iimportation for dairy and beef cattle or bison not exempted in sub-subparagraph 5C-3.004(3)(d)2.a.,5C-3.004(2)(b)2.a., F.A.C. Brucellosis Eradication: Uniform Methods and Rules, USDA, APHIS 91-45-013, Effective October 1, 2003, is hereby incorporated by reference and can be found online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx.

    c. Rodeo Bulls.

    (I) Rodeo bulls performing in rodeo events may be Iimported without tests provided the bulls are not changing ownership and are under eighteen (18) months of age; or individual bulls are negative to a brucellosis test, as provided in the Brucellosis Eradication: Uniform Methods and Rules, Effective October 1, 2003, USDA, APHIS 91-45-013, Effective October 1, 2003, within twelve (12) months prior to Iimportation.

    (II) Rodeo bulls Iimported for purposes other than performing in rodeo events must meet the requirements for Iimportation in sub-subparagraphs 5C-3.004(3)(d)2.a. or b.,5C-3.004(2)(b)2.a. or b., F.A.C., above.

    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(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) Bulls consigned directly to a Recongnized Slaughtering Establishment.

    (II) Bulls entering Florida, moving directly to an Approved Livestock Facility and being sold in slaughter only channels. Test eligible bulls moving directly to an Approved Livestock Facility which are not accompanied by a negative Approved Trichomoniasis Test shall be visibly identified and shall be announced during the sale as selling for slaughter only. These bulls must move directly from the Approved Livestock Facility to a Recognized Slaughtering Establishment.

    (III) Bulls entering Florida for exhibition or rodeo, provided they do not commingle with female cattle and return to state of origin immediately following exhibition or rodeo event.

    (IV) Virgin bulls less than eighteen (18) months of age, as determined by breed registry records or absence of permanent central incisor teeth in wear. The OCVI or Owner-Shipper Statement must include any and all identification and a statement declaring the bull(s) as virgin and less than eighteen (18) months of age.

    b. Approved Livestock Facilities shall maintain a list of all Trichomoniasis test eligible bulls arriving via interstate movement, and shall indicate whether or not the bull has a negative Trichomoniasis test. The list of bulls, Trichomoniasis test status, and a copy of all the negative Approved Trichomoniasis Test reports shall be made available to Department personnel for verification on the day of the sale.

    c. Bulls eighteen (18) months of age and older, moving under a Commuter Herd Agreement, FDACS-09264, Rev. 04/18, are to be accompanied by proof of a negative annual Trichomoniasis Approved Test within twelve (12) months of movement. The following statement shall be on the accompanying Owner-Shipper Statement: “All herd bulls over eighteen (18) months of age are tested annually for Trichomoniasis and all herd bull additions are tested negative prior to commingling. The bull(s) included in this shipment have not commingled with Trichomoniasis positive bulls or cows exposed to Trichomoniasis positive bulls”.

    (4)(3) Prior Permission Number. A Pprior Ppermission Nnumber shall be required for all cattle or bison originating from:

    (a) Non-Tuberculosis Accredited-Free State or areas, or

    (b) Non-Brucellosis Class-Free State or areas, or

    (c) VS Affected-States.

    (4) Forms and Materials. Bovine Tuberculosis Eradication, Uniform Methods and Rules, Effective January 1, 2005, APHIS 91-45-011 and Brucellosis Eradication: Uniform Methods and Rules, Effective October 1, 2003, APHIS 91-45-013, are hereby incorporated by reference. Copies may be obtained from: www.gpoaccess.gov. Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89) may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

    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, Amended          .

     

    5C-3.005 Goats or Sheep.

    (1) Official Certificate of Veterinary Inspection (OCVI) Required. All goats or sheep Iimported into Florida, except goats or sheep consigned directly to Rrecognized Sslaughtering Eestablishments, must be accompanied by an OCVI. The OCVI must include the following:

    (a) The Oofficial Iindividual Iidentification of each animal which must conform to the identification guidelines of the USDA, APHIS Scrapie Eradication Uniform Methods and Rules, USDA, APHIS 91-55-079, June 1, 2005. USDA, APHIS Scrapie Eradication Uniform Methods and Rules, USDA, APHIS 91-55-079, June 1, 2005 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx.  Approved methods of identification include:

    1. Official USDA-APHIS-VS Scrapie eartags; or

    2. Premises identification tattoos (must be legible and contain the flock number and unique animal number. The flock number is assigned by the USDA, APHIS and is required to be on the OCVI); or

    3. Official breed registry tattoos (must be accompanied by either the official breed registration certificate or an OCVI that includes the corresponding official registration number); or

    4. Electronic microchip/implant (must be accompanied by owner statement of ID numbers, chip manufacturer, chip reader for verification verfication of placement and the USDA flock number recorded on the OCVI) when the breed registry allows for electronic implant identification, as recorded on a registration certificate.

    (b) A statement that each goat or sheep is free of the clinical signs of the diseases: caseous lymphadenitis, contagious ecthyma (Orf), chlamydial keratoconjunctivitis, scabies, scrapie, and contagious footrot.

    (2) Prior Permission Number. A Pprior Ppermission Nnumber shall be required for all sheep or goats originating from VS-affected states under state or USDA, APHIS quarantine. The Pprior Ppermission Nnumber must be written on the OCVI.

    (3) Immediate Slaughter Goats or Sheep.  Slaughter goats or sheep are not required to have an OCVI, as exempted by this rule, but do require:

    (a) Owner-Shipper Statement. Evidence of ownership or authority to transport the animals as provided in subsection 5C-3.002(2), F.A.C.; and

    (b) Official Identification. All goats or sheep entering Florida for slaughter purposes must be individually identified in accordance with paragraph 5C-3.005(1)(a), F.A.C.; and

    (c) The goats or sheep must be moved directly to a Rrecognized Sslaughter Eestablishment without stopping or unloading at other livestock facilities inen route.

    (4) Testing Requirements for Dairy Goats.

    (a) Tuberculosis Test. Dairy goats six (6) months of age or older must originate from an Accredited Tuberculosis-Free Herd, or have had a negative caudal fold tuberculosis test within ninety (90) days prior to Iimportation into Florida. If originating from an Accredited Tuberculosis-Free Herd, the herd accreditation number and date of last herd accreditation test within the previous twelve (12) months must be written on the OCVI.

    (b) Brucellosis Test. Dairy goats six (6) months of age or older must originate from a Certified Brucellosis-Free Herd, or have had documentation of a negative brucellosis test within ninety (90) days prior to Iimportation to Florida. If originatingorginating from a Certified Brucellosis-Free Herd, the herd certification number and date of the last herd certification test within the previous twelve (12) months must be written on the OCVI.

    (c) Test Exemptions. There are no tuberculosis or brucellosis test requirements for meat type, companion or pygmy goats.

    (5) Materials. The USDA Scrapie Eradication Uniform Methods and Rules, APHIS 91-55-079, June 1, 2005 are hereby incorporated by reference. Copies may be obtained from: www.gpoaccess.gov.

    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–New 6-29-62, Amended 2-5-85, Formerly 5C-3.05, Amended 9-6-89, 3-23-94, 6-4-95, 12-12-04, 5-24-10, Amended          .

     

    5C-3.007 Swine.

    (1) Official Certificate of Veterinary Inspection (OCVI) Required. All swine Iimported into Florida, except swine consigned directly to a Rrecognized Sslaughtering Eestablishment or an Aapproved Llivestock Facility market for sale to slaughter, must be accompanied by an OCVI. Swine exempted from the OCVI requirement must be accompanied by an Owner-Shipper Statement as provided in subsection 5C-3.002(2), F.A.C.

    (2) The OCVI must contain the Official Individual Identification. Official Individual Identification is required for all swine, six (6) months of age or older. Official Individual Identification for swine includes:

    (a) Identification that complies with the United States Department of Agriculture 9 C.F.R. §§ 71.19(a)-(c) (2018). United States Department of Agriculture 9 C.F.R. §§ 71.19(a)-(c) (2018) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx, or

    (b) Breed registration tattoos, or ear notches, when accompanied by breed registration papers,

    (3)(2) Prior Permission Number. A Pprior Ppermission Nnumber is required on all swine Iimported into Florida. The Pprior Ppermission Nnumber must be written on the OCVI or Owner-Shipper Statement accompanying the animals.

    (4)(3) Testing Requirements Test Required.

    (a) Brucellosis Test.

    1. All sSwine six (6) months of age or older Iimported into Florida, not consigned directly to a Recognized Slaughtering Establishment for breeding, exhibion or pet purposes must:

    a. Originate from herds not known to be infected with or exposed to brucellosis and be accompanied by proof of an official negative brucellosis test, as provided in 9 C.F.R. §§ 78.1 and 78.33(b)(2) (2018)9 CFR § 78.1 (2009) and 9 CFR § 78.33(b)(2) (2009), conducted within thirty (30) days prior to Iimportation. 9 C.F.R. §§ 78.1 and 78.33(b)(2) (2018) are hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx; or

    b.  Be production swine that orgainate directly from a Validated Brucellosis-Free State; or

    b. Originate directly from a Validated Brucellosis-Free Herd. The Validated Brucellosis-Free Herd number and the date of the last certification test within the past twelve (12) months must be written on the OCVI.

    2. Feeder Swine. Swine imported into Florida for feeder purposes must:

    a. Originate from herds not known to be infected with or exposed to swine brucellosis and be accompanied by proof of an

    official negative brucellosis test, as provided in 9 CFR § 78.33(b)(2) (2009), conducted within thirty (30) days prior to importation into Florida; or

    b. Originate from Validated Brucellosis-Free Herds; or

    c. Be production swine that originate and are shipped directly from a farm of origin in a Swine Brucellosis Stage III (Free) State.

    (b) Pseudorabies Test.

    1. All Sswine six (6) months of age or older Iimported into Florida, not consigned directly to a Recognized Slaughtering Establishment for breeding, exhibition, or pet purposes must:

    a. Originate from a herd not known to be infected with or exposed to pseudorabies and be accompanied by proof of an official negative pseudorabies test, as provided in 9 CFR §§ 85.1 and 85.7(c)(2) (2018)(2009), conducted within thirty (30) days prior to Iimportation. 9 C.F.R. §§ 85.1 and 85.7(c)(2) (2018) are hereby incorporated by reference and is available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx; or

    b. Be production swine that originate directly from a Pseudorabies Stage IV or V (Pseudorabies-Free) State, or

    bc. Originate from a Qualified Pseudorabies-Negative (QN) Feeder Pig Herd, or

    2. Feeder Swine.

    Swine imported into Florida for feeder purposes must:

    a. Originate from herds not known to be infected with or exposed to pseudorabies and be accompanied by proof of an official

    negative pseudorabies test, as provided in 9 CFR § 85.1 (2009), conducted within thirty (30) days prior to importation; or

    b. Originate from a Qualified Pseudorabies-Negative (QN) Herd; or

    c. Originate from a Pseudorabies-Monitored Feeder Pig Herd (MFPH) Herd;.

    d. Be production swine that originate directly from or shipped directly from the farm of origin in a Pseudorabies Stage III, IV, or V (Pseudorabies-Free) State.

    (5)3. Immediate Slaughter Swine.

    Swine not known to be infected with or exposed to brucellosis or pseudorabies may enter Florida without tests, for slaughter purposes, provided they are accompanied by an Owner-Shipper Statement, have Official Individual Identification as required in subsection 5C-3.007(2), and have a Pprior Ppermission Nnumber. The Pprior Ppermission Nnumber and Official Identification must be written on the accompanying document. Such swine must be:

    (a). Consigned directly to a Rrecognized Sslaughtering Eestablishment; or

    (b). Consigned directly to an Aapproved Llivestock Facilitymarket and then sold to a Rrecognized Sslaughtering Eestablishment.

    (6)4.  Feral and Ttransitional Sswine may be imported into Florida provided:.

    Transitional Swine may be Imported into Florida provided they are accompanied by an OCVI, have Official Individual Identification as required in subsection 5C-3.007(2), F.A.C. and have a Prior Permission Number. The Prior Permission Number and Official Identification must be written on the accompanying document. Transitional swine may be Imported into Florida for slaughter as provided in subsection 5C-3.007(5), F.A.C. Transitional swine Imported into Florida, not consigned directly to a Recognized Slaughter Facility, must be:

    (a). They have tTested negative for pseudorabies and brucellosis, as provided in 9 C.F.R. §§ 85.1 and 78.33(b)(2) (2018)(2009), on two (2) consecutive official tests conducted not less than thirty (30) days apart with the last test being within thirty (30) days of Iimportation; and

    (b) They have been isolated from all other swine, from the time of the first pseudorabies and brucellosis test until Imported into Florida.

    b. They have a prior permission number; and

    c. They are accompanied by an OCVI. The prior permission number must be written on the OCVI.

    (7) Feral Swine may not be Imported into Florida.

    (4) Materials. 9 CFR §§ 78.1, 78.33(b)(2), 85.1 and 85.7(c)(2) (2009), are hereby incorporated by reference. Copies may be obtained from: www.gpoaccess.gov.

    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 3-24-65, 11-7-67, 6-20-68, 1-1-71, 3-1-72, 8-4-77, 2-5-85, 10-23-85, Formerly 5C-3.07, Amended 9-6-89, 3-23-94, 12-12-04, 5-24-10, Amended            .

     

    5C-3.009 Dogs or Cats.

    (1) Official Certificate of Veterinary Inspection (OCVI) Required. All dogs or cats imported into Florida, Eexcept for dogs or cats Iimported only for exhibition purposes, only and that which will remain in the state for less than six (6) months, orand any Sservice Aanimal, any or Wworking Ddog, and any privately owned pets traveling with their owners, all dogs and cats imported into Florida must be accompanied by an OCVI stating that they are:

    (a) Are fFree from signs of any infectious or communicable disease;

    (b) Did not originate within an area under quarantine for rabies; and

    (c) Are nNot known to have a history of exposure to a rabies-infected animal prior to Iimportation.

    (2) Dogs or Cats for Sale or Adoption Requirements for Iimportation.

    (a) Each dog or cat Iimported into Florida must:

    1. Be accompanied by an OCVI, and

    2. Meet the minimum standards for vaccinations, tests, and anthelmintic treatments, and be eight (8) weeks of age or older as specified in Section 828.29, F.S.

    (b) Evidence of Ccompliance with Section 828.29, F.S., shall accompany the owner or agent having custody jurisdiction of such dogs or cats Iimported into Florida or to which ownership is being transferred.

    (3) Rabies Vaccination. All dDogs or cats, three (3) months of age and older, transported into Florida, including exhibition dogs or cats, or Sservice Aanimals, and Wworking Ddogs, and privately owned pets traveling with their owners, three (3) months of age and older, transported into Florida must have proof of a current rabies vaccination.

    (4) Prior Permission Number. Dogs or cats originating from areas under quarantine for rabies must have a Pprior Ppermission Nnumber from the Division as provided in subsection 5C-3.002(3), F.A.C. The Pprior Ppermission Nnumber must be written on the OCVI.

    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, 828.29(1)(a), (2)(a) FS. History–New 6-29-62, Amended 2-5-85, Formerly 5C-3.09, Amended 9-6-89, 3-23-94, 6-4-95, 12-12-04, 5-24-10, Amended             .

     

    5C-3.011 Cervids (Farmed or Captive).

    (1) Farmed or captive Cervids will be denied entry into the State of Florida unless accompanied by a valid Florida Fish and Wildlife Conservation Commission license or permit as referenced in Rule 68A-4.0051, F.A.C., except Cervidae, other than white-tailed deer, which are:

    (a) Moving to and originating from a zoological facilities which meet or exceed all applicable Association of Zoos and Aquariums (AZA) accreditation standards (2013) as required by Rule 68A-4.0051(1) F.A.C.; or

    (b) Reindeer entering temporarily (less than ninety (90) days for exhibition) provided that:

    1. The reindeer do not originate from a facility located in a county where Chronic Wasting Disease has been documented or a county which adjoins to a county where Chronic Wasting Disease has been documented; and

    2. Will not be kept at a Premises in Florida with other species of the family Cervidae.

    (2)(1) Chronic Wasting Disease (CWD) Herd Status.

    (a) All Ccervids Iimported into Florida must originate from herds that are performing CWD surveillance and are not located in a county or an adjoining county where CWD has been documented; and enrolled in a CWD herd certification program, as provided in 9 CFR § 55, Subpart B (2009), in the state from which the originating herd is located, and

    (b) The animal health officials in the originating state must confirm the surveillance and the location of any positive CWD cases in the originating state. originating herd must have participated in the program for the previous five (5) years with no cases of CWD reported.

    (3)(2) Official Certificate of Veterinary Inspection (OCVI) Required.

    (a) All Ccervids Iimported into Florida, except those consigned to a recognized slaughtering establishment, must be accompanied by an OCVI. The OCVI must list the official identification of each animal, the date and negative results for any required tests as provided below, and a Pprior Ppermission Nnumber.

    (b) All information required on the OCVI shall be fully must be completed by the issuing Aaccredited Vveterinarian and shall include:

    1. The name, physical address and phone number of the consignor;

    2. The name, physical address and phone number of the consignee;

    3. The point of origin;

    4. The point of destination;

    5. The date of examination;

    6. The number of animals examined;

    7. The Official Iindividual Iidentification number of each cervid;

    8. The age, sex, and breed of each animal;

    9. The test results and CWD herd status for brucellosis and tuberculosis as specified in Rule 5C-26.005, F.A.C.

    10. A statement by the issuing Aaccredited Vveterinarian that the animals identified on the OCVI are free of signs of infectious, communicable, or neurologic disease;

    11. The phone number of the issuing Aaccredited Vveterinarian;

    12. The purpose for which the animals are being moved;

    13. The CWD herd status of the herd of origin; and

    14. The prior permission number.

    (c) A copy of the OCVI shall be forwarded immediately by Email to AnimalPermits@FreshFromFlorida.com or via facsimile message, Fax: (850) 410-0946, to the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, prior to shipment for review and verification that Iimport requirements have been met and issuance of a Pprior Ppermission Nnumber.

    (d) The OCVI shall be void thirty (30) days after issuance.

    (4)(3) Prior Permission Number. All Ccervids Iimported into Florida, must have a Pprior Ppermission Nnumber. The Pprior Ppermission Nnumber must be written on the OCVI or owner-shipper statement accompanying the animals.

    (5)(4) Testing Requirements and Exemptions.

    (a) Chronic Wasting Disease Test. There is no chronic wasting disease test presently required for Iimportation of Ccervids into Florida. However, the animal(s) Iimported must meet the requirements of subsection 5C-3.011(2)5C-3.011(1), F.A.C., prior to Iimportation.

    (b) Tuberculosis Test.

    1. Cervids from an Accredited Tuberculosis-Free Herd, as provided in 9 C.F.R.CFR §§ 77.33(f) (20182009), are exempt from this test. 9 C.F.R. § 77.33(f) (2018) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx. The herd status must be listed on the accompanying OCVI.

    2. Cervids which do not originate from Accredited Tuberculosis-Free Herds and are not known to be affected with or exposed to tuberculosis may be Iimported into Florida if they are:

    a. Under six (6) months of age; or

    b. Originate from a herd which has been classified negative to an official tuberculosis test, as provided in 9 C.F.R.CFR §§ 77.20 (20182009), of all eligible animals conducted within the past twelve (12) months, and the animals to be Iimported are negative to a second official tuberculosis test conducted within ninety (90) days of Iimportation. 9 C.F.R. § 77.20 (2018) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx; or

    c. The animals to be Iimported have two (2) consecutive negative official tuberculosis tests, as provided in 9 C.F.R.CFR § 77.20 (20182009), conducted not less than ninety (90) days apart, the second test conducted within ninety (90) days prior to Iimportation, with animals isolated from all other members of the herd during the testing period;.

    d. The official tuberculosis test results and dates of tests must be recorded on the OCVI accompanying the animals.

    (c) Brucellosis Test.

    1. Cervids originating from a Certified Brucellosis-Free Herd as defined in the USDA, APHIS, Brucellosis in Cervidae: Uniform Methods and Rules, Effective September 30, 2003, USDA, APHIS 91-45-16, Effective September 30, 2003, are exempt from this test. USDA, APHIS, Brucellosis in Cervidae: Uniform Methods and Rules, APHIS 91-45-16, Effective September 30, 2003, is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx. The herd status must be listed on the accompanying OCVI.

    2. Cervids which do not originate from Certified Brucellosis-Free Herds and are not known to be affected with or exposed to brucellosis may be Iimported if they are:

    a. Under six (6) months of age; or

    b. Sexually intact animals, six (6) months of age or older, and negative to an official brucellosis test, as provided in the Brucellosis in Cervidae: Uniform Methods and Rules, Effective September 30, 2003, APHIS 91-45-16, Effective September 30, 2003, conducted within ninety (90) days prior to Iimportation. The official brucellosis negative test results must be recorded on the OCVI accompanying the animals.

    (6)(5) Consignee’s herd shall be registered and comply with requirements of the Florida Department of Agriculture and Consumer Services Cervidae Herd Health Plan as provided in Chapter 5C-26, F.A.C., unless imported for slaughter.

    (6) Movement to Slaughter. All cervids imported into Florida for immediate slaughter must be consigned to a recognized slaughtering establishment and accompanied by an Owner-Shipper Statement and a prior permission number. The prior permission number must be written on the Owner-Shipper Statement.

    (7) Materials. 9 CFR § 55, Subpart B (2009), 9 CFR §§ 77.20 and 77.33(f) (2009), and APHIS 91-45-16, Brucellosis in Cervidae, Uniform Methods and Rules, Effective September 30, 2003, are hereby incorporated by reference. Copies may be obtained from: www.gpoaccess.gov.

    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) FS. History–New 3-23-94, Amended 12-12-04, 5-24-10, Amended               .

     

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

    (1) Official Certificate of Veterinary Inspection (OCVI) Required. All Ddomestic Ffowl, Ppoultry, and Eeggs Ffor Hhatching Ppurposes Iimported into Florida, unless exempted by this rule, must be accompanied by an OCVI. Poultry and Eggs For Hhatching Purposes 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 (FEB 2016 OCT 2011), for the OCVI. Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (FEB 2016 OCT 2011) is hereby incorporated by reference and available availabe online onling at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx. Racing Ppigeons that are transported out of Florida for racing purposes in a sealed crate(s) and reenter Florida with unbroken seals are exempt from the OCVI Iimportation requirements. The OCVI or VS Form 9-3 must include the Official Identification approved by the United States Department of Agriculture in accordance with 9 C.F.R. §§ 86.4(a)(3) (2018). 9 C.F.R. §§ 86.4(a)(3) (2018) is hereby incorporated by reference and can be found online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx.

    (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 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx. A Pprior Ppermission Nnumber is required on the accompanying documentation for Iimportation of all Ddomestic Ffowl, Ppoultry, and Eeggs Ffor Hhatching Ppurposes, except those listed below in paragraphs (a)-(f), that originate from a state not affected by Exotic New Castle Disease (END) or Avian Influenza (AI):

    (a) Poultry consigned directly to a Recognized Slaughtering Establishment for slaughter;

    (b) Individual exotic birds;

    (c) Racing Ppigeons returning to Florida in unbroken, sealed containers;

    (d) Exhibition birds originating in NPIP participating flocks in Florida and returning to Florida;.

    (e) Those shipments moving through Florida for transhipment outside of the United States and traveling on an international OCVI, consigning the shipment to a foreign country county, provided the shipping containers are not opened in Florida.

    (f) Eggs for Hatching Purposes Hatching eggs or chicks less than four (4) days of age originating from NPIP participating flocks accompanied by a Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (FEB 20162011).

    (3) Testing Requirements

    (a) Pullorum-Typhoid testing requirement.

    1. An official negative test for Pullorum-Typhoid, as provided in 9 C.F.R. §§ 147.1-147.5 (20182013), as adopted in Rule 5C-3.001, F.A.C., is required within thirty (30) days of Iimportation into Florida for Poultry or on the flock from which Eggs for Hatching Purposes hatching eggs originate. However, no Pullorum-Typhoid test is required for the following:

    a. Importing Ppoultry or Eeggs Ffor Hhatching Ppurposes originating from flocks classified under provisions of the NPIP as U.S. Pullorum-Typhoid Clean, as provided in 9 CFR §§ 145.23(b), 145.33(b), 145.43(b), 145.53(b) and 145.63(b) (20182013), as adopted in Rule 5C-3.001, F.A.C.

    b. Quail, pheasants, and other birds used strictly for hunting purposes that are consigned directly to a Florida Fish and Wildlife Conservation Commission licensed hunting preserve;

    c. Ratites;

    d. Waterfowl Iimported for exhibition purposes;

    e. Exotic birds;

    f. Racing Ppigeons and doves of the family Columbidae;

    g. Exhibition birds originating from NPIP-participating flocks in Florida returning to Florida. These birds must be accompanied by proof of a valid NPIP flock testing record for pullorum-typhoid indicating that the flock test, in accordance with a 9 C.F.R. § 145.53(b) (20182013), as adopted in Rule 5C-3.001, F.A.C., was conducted within the previous twelve (12) months or proof of a valid NPIP participant card current within the past twelve (12) months; or

    h. Poultry consigned directly to a Recognized Slaughtering Establishment for slaughter.

    2. Pullourm -Typhoid testing records for exhibition birds not originating from a NPIP-participating flock will be documented by an Authorized Representative from the state or USDA at the Fair Exhibition - Poultry Summary of Pullorum-Typhoid Testing, FDACS-09170, Rev. 09/17. Fair Exhibition - Poultry Summary of Pullorum-Typhoid Testing, FDACS-09170, Rev. 09/17 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx.

    (b) Avian Influenza (AI) testing requirements.

    1. Poultry or Ppoultry Pproducts originating from a non-AI affected state.

    a. All Ppoultry and Ppoultry Pproducts must be accompanied by proof of a negative, approved test for Avian Influenza (AI). AI samples collected by the Division will be documented by an Authorized Representative from the state on Avian Influenza/Exotic Newcastle Disease Poultry Surveillance Submission Form, FDACS-09230, Rev. 09/17. Avian Influenza/Exotic Newcastle Disease Poultry Surveillance Submission Form, FDACS-09230, Rev. 09/17 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx.; and,

    b. Entry into Florida must be within twenty-one (21) days of the Avian Influenza (AI) sample being taken; and,

    c. If a flock with greater than thirty (30) birds is to be Iimported, 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 Iimported, then all birds must be tested.

    2. Exemptions Examptions to the AI testing requirements for Ppoultry and Ppoultry Pproducts originating from a non-AI affected state. No AI test is required for the following:

    a. Poultry or Ppoultry Pproducts originating from flocks classified as U.S. Avian Influenza Clean, as provided in 9 C.F.R. §§ 145.23(h), 145.33(1), 145.43(g), 145.53(e), and 145.63(b) (20182013), as adopted in Rule 5C-3.001, F.A.C., in non-AI affected states;.

    b. Ratites;

    c. Exotic birds; or

    d. Racing Ppigeons and doves of the family Columbidae.

    3. Proof of negative Avian Influenza (AI) testing and the Department issued Pprior Ppermission Nnumber, unless exempted from Pprior Ppermission Nnumber requirement in accordance with subsection 5C-3.012(2), F.A.C., must be documented on the Report of Sales of Hatching Eggs, Chicks, Poults, VS Form 9-3 (FEB 2016OCT 2011), or OCVI listing the description of birds, test date, test results, and the name of the laboratory.

    4. Poultry Pproducts originating from an Avian Influenza (AI) affected state.

    a. From a Quarantine or Control Area as defined by originating state. No Ddomestic Ffowl, live Ppoultry or Ppoultry Pproducts or Eggs for Hatching Purposes hatching eggs originating from a Quarantine or Control Centrol Area in an Avian Influenza (AI) affected state may enter Florida, except for Iimported birds that have completed all USDA or originated state of origin requirements to move from a Quarantine or Control Area, and have completed Florida Iimport requirements as described in subsections (1)-(3) of this rule. The Department shall verify USDA requirements have been met through the Emergency Management Response System (EMRS) prior to permitting for entry into Florida by the State Veterinarian’s Office.

    b. Non-Quarantine or Control Areas as defined by originating state. All Ppoultry and Ppoultry Pproducts:;

    (I) Must be accompanied by proof of a negative, approved test for Avian Influenza (AI); and,.

    (II) Entry into Florida must be within seven (7) days of the Avian Influenza (AI) sample being taken; and,.

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

    (IV) If a flock of less than thirty (30) birds is to be Iimported, then all birds must be tested.

    5. The following Ppoultry and Ppoultry Pproducts 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 Ppoultry Pproducts, 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), 145.53(e), and 145.63(b) (20182013), as adopted in Rule 5C-3.001, F.A.C., in AI affected states;.

    b. Ratites;

    c. Exotic birds; or

    d. Racing Ppigeons and doves of the family Columbidae.

    6. Proof of negative Avian Influenza (AI) testing and a Department Deportment issued Pprior Ppermission Nnumber must be documented on the Report of Sales of Hatching Eggs, Chicks, Poults, VS Form 9-3 (FEB 2016OCT 2011), or OCVI listing the description descripted of birds, test date, test results, and the name of the laboratory.

    (c) Exotic Newcastle Disease (END) testing requirements. Exotic Newcastle Disease (END) testing requirements apply to only those shipments of Ppoultry or Ppoultry Pproducts originating from an END affected state.

    1. Quarantine or Control Areas. No Ddomestic Ffowl, live Ppoultry or Ppoultry Pproducts, or Eggs for Hatching Purposes hatching eggs originating from a Quarantine or Control Area may enter Florida except for Iimported birds that have completed all USDA and originating state requirements to move from a Quarantine or Control Area, have completed Florida Iimport test requirements as described in subsections (1)-(3) of this rule, and are permitted for entry into Florida by the State Veterinarian’s Office.

    2. Non-Quarantine or Control Areas.

    a. All Ppoultry and Ppoultry Pproducts must be accompanied by proof of a negative, approved test for Exotic Newcastle Disease (END). END samples submitted by the Division will be documented by an Authorized Representative from the state on Avian Influenza/Exotic Newcastle Disease Poultry Surveillance Submission Form, FDACS-09230, Rev. 09/17, as incorporated in paragraph 5C-3.012(3)(b), F.A.C.

    b. Entry in Florida must be within seven (7) days of the Exotic Newcastle Disease (END) sample being taken ; and,.

    c. If a flock with greater greated than thirty (30) birds is to be Iimported, 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 flocks of with less than thirty (30) birds is to be Iimported, then all birds must be tested.

    3. Documentation. Ppoultry or Ppoultry Pproducts must be accompanied by a Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (FEB 2016OCT 2011), or OCVI indicating Ppoultry or Ppoultry Pproduct originated originates from an END-negative flock, listing the Department issued Pprior Ppermission Nnumber, description of birds, test date, test results, and the name of testing laboratory.

    (4) Containers for Shipment. All Iimported Ddomestic Ffowl, Ppoultry, and Eeggs Ffor Hhatching Ppurposes must be shipped in new or Ccleaned and Ddisinfected reusable containers.

    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, Amended                .

     

    5C-3.014 Elephants.

    (1) Elephant Mycobacterium tuberculosis (Mtb) Categories. Elephants are placed into one of three (3) categories depending on their risk of being positive for Mtb as classified in the Recommendations for the Diagnosis, Treatment, and Management of Tuberculosis (Mycobacteria tuberculosis) in Elephants in Human Care (2017).  Recommendations for the Diagnosis, Treatment, and Management of Tuberculosis (Mycobacteria tuberculosis) in Elephants in Human Care (2017) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx. The three (3) Mtb catagories are:

    (a) Category A: Elephants have had no known exposure to an Mtb culture-positive animal within the past five (5) years. They are also consistently negative by an annual Triple Trunk Wash (TW) technique.

    (b) Category B: Elephants have had contact with an Mtb positive animal within the past five (5) years, but are themselves consistently negative by annual triple TW series technique.

    (c) Category C: Elephants are positive on TW cultures or culture of other body fluid. These animals cannot travel except for specific medical reasons. They are considered infected with Mtb.

    (2) Official Certificate of Veterinary Inspection (OCVI) required. Only Category A and B elephants are permitted to be Imported into Florida and must be accompanied by an OCVI. The OCVI must include the following:

    (a) The animal’s name, age, sex, any identifying marks, and microchip number, if applicable;

    (b) The animal’s Mtb category; and

    (c) The most recent TW culture history to include:

    1. The date the TW sample was taken;

    2. The full name of the testing laboratory;

    3. Test accession number; and

    4. Test result.

    (3) Test Requirements

    (a) Category A animals require proof of a negative TW culture with the sample taken within twelve (12) months of Importation into Florida.

    (b) Category B animals require proof of a negative TW culture with the sample taken within ninety (90) days of Importation into Florida.

    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–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: April 25, 2019

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 08/20/2018