The Purpose of the rule is to improve the department’s ability to trace cattle and bison in the event of an animal disease emergency. The proposed rule updates the current rule to add additional penalties for violations of the new requirements for ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Animal Industry

RULE NO.:RULE TITLE:

5C-30.003Penalties

PURPOSE AND EFFECT: The Purpose of the rule is to improve the department’s ability to trace cattle and bison in the event of an animal disease emergency. The proposed rule updates the current rule to add additional penalties for violations of the new requirements for tagging, with official individual identification, unidentified non-exempt cattle and bison that are purchased at a livestock market.

SUMMARY: Penalties for violations of the requirements for Official Individual Identification of Non-exempt cattle and bison purchased at livestock markets.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS (SERC) AND LEGISLATIVE RATIFICATION: The Agency has determined that this rule 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. The Department determined that the implementation of this rule, which provides for penalties for non-compliance, does not impose an economic cost to the industry. Additionally, no interested party submitted additional information regarding the economic impact.

Any person who wishes to provide information regarding the statement of estimated regulatory costs or to 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, 585.007(1), 585.08(2)(a), 585.145(1), (2), 585.16, 585.23, 585.40 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mr. Stephen Monroe, Division of Animal Industry, 407 South Calhoun Street, Tallahassee, Florida 32399-0800, Phone: [phone], fax: [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5C-30.003 Penalties.

(1) Any person importing animals into or moving animals within the state without the appropriate health documentation as required in Chapters 5C-3 and 5C-4, F.A.C., or failing to comply with the requirements of Chapter 5C-31, F.A.C., or animals that show signs of illness or infection, or dead animals, are subject to penalties as prescribed in this section.

(2) through (3) No change.

TABLE #1

Decision and Penalty Matrix for Division of Animal Industry Movement Violations

Division of Animal Industry – AIEquine Infectious Anemia – EIA                            Individually Identified – ID

National Poultry Improvement Plan – NPIPOfficial Certificate of Veterinary Inspection – OCVI (valid for 30 days)

Pullorum-Typhoid – PT TestTuberculosis – TB

SPECIES	VIOLATION	INTRASTATE (Within State)	INTERSTATE (Import into State)	ADMINISTRATIVE ACTION*
All Animals	Use of forged, altered or counterfeited document.	Quarantine back to premises of origin.	Refuse entry into state.	1st $500 2nd $2,500 3rd $5,000 4th and subsequent violations within 24 months of last violation – $10,000.
All Animals	Animals showing signs of illness or dead animals.	Contact Division of Animal Industry.	Refuse entry for dead animals. All other animals showing signs of illness, contact the Division of Animal Industry.	Contact Division of Animal Industry.
All Animals	Movement of animals in violation of quarantine.	Quarantine back to premises of origin.	Refuse entry into state.	1st $500 2nd $2,500 3rd $5,000 4th and subsequent violations within 24 months of last violation – $10,000.
All Animals (Except poultry and deer-see below).	No prior permission number.	N/A	Allow entry into state. Division of Animal Industry will contact issuing veterinarian.	1 st Advisory Notice 2nd Advisory Notice 3rd and subsequent violations within 24 months of last violation – refuse entry into state.

Cattle (Unidentified)	Failure by an Approved Livestock Facility accepting cattle to: tag as an approved tagging site; on behalf of the consignor/owner, place into designated “slaughter only” sale channels;, deny entry to the market.	Administrative Fine	Administrative Fine	1st $25 per animal per violation 2nd $50 per animal per violation 3rd 100 per animal per violation
	Failure by an Approved Livestock Facility or Purchaser to timely submit complete and accurate records required by Rule 5C-31.004(2)(a)3., or 5C-31.004(2)(b)4., or 5C-31.004(2)(b)7. F.A.C.	Administrative Fine	Administrative Fine	1st $25 per animal per violation 2nd $50 per animal per violation 3rd 100 per animal per violation
	Failure of an Approved Livestock Facility or Purchaser to retain the information required by Rule 5C-31.004(2)(a)4., or 5C-31.004(2)(b)5., or 5C-31.004(2)(b)8., F.A.C.	Administrative Fine	Administrative Fine	1st $25 per animal per violation 2nd $50 per animal per violation 3rd 100 per animal per violation
	Failure of Purchaser of unidentified cattle to tag cattle in accordance with Rule 5C-31.004(2)(b)3., F.A.C.	Quarantine to origin or destination until animals are officially identified and Administrative Fine.	Quarantine to origin or destination until animals are officially identified and Administrative Fine.	1st $25 per animal per violation 2nd $50 per animal per violation 3rd 100 per animal per violation
	Failure of Purchaser to provide the Premises Identification Number to Approved Livestock Facility as required by Rule 5C-31.004(2)(b)2., F.A.C.	Quarantine to origin or destination until animals are officially identified and Administrative Fine.	Quarantine to origin or destination until animals are officially identified and Administrative Fine.	1st $25 per animal per violation 2nd $50 per animal per violation 3rd 100 per animal per violation
Cattle (Identification)	Failure to have official individual identification. Failure to prevent commingling with cattle under separate ownership.	Quarantine to origin or destination until animals are officially identified and Administrative Fine.	Quarantine to origin or destination until animals are officially identified and Administrative Fine.	1st $25 per animal per violation 2nd $50 per animal per violation 3rd 100 per animal per violation
	Failure to prevent commingling with cattle under separate ownership.	Quarantine to origin or destination until animals are officially identified and Administrative Fine.	Quarantine to origin or destination until animals are officially identified and Administrative Fine.	1st $25 per animal per violation 2nd $50 per animal per violation 3rd 100 per animal per violation
Cattle and Bison (Bovine)	No tuberculosis (TB) test, brucellosis test, ID, or invalid OCVI /no OCVI.	N/A	Quarantine to destination.	1 st Quarantine 2nd Quarantine 3rd and subsequent violations within 24 months of last violation – refuse entry into state.
Deer (Cervidae)	No OCVI or prior permission.	Quarantine back to premises of origin.	Refuse entry into state.	Intrastate Movement Quarantine back to premises of origin. Interstate Movement-Refuse entry into state.
Goats and Sheep (Caprine and Ovine)	No ID (USDA scrapie tags-required unless consigned to a USDA-approved livestock market).	Quarantine back to premises of origin.	Refuse entry into state.	Intrastate Quarantine back to premises of origin. Interstate Refuse entry into state.
Goats and Sheep (Caprine and Ovine)	No OCVI/invalid OCVI, TB test, or brucellosis test.	N/A	Quarantine to destination.	1 st Quarantine 2nd Quarantine 3rd and subsequent violations within 24 months of last violation – refuse entry into state.
Goats and Sheep (Caprine and Ovine)	No veterinary disease-free statement as required in paragraph 5C-3.005(1)(b), F.A.C.	N/A	Advisory notice.	Advisory notice.
Horses (Equine)	No EIA test, outdated EIA test, EIA not accurate/legible, or EIA does not match horse.	Quarantine back to premises of origin.	Refuse entry into state if consigned to a show, sale or exhibition.   All other shipments-refuse entry into state; or at owner’s request and expense, call a Florida accredited veterinarian to test for EIA, and quarantine to destination pending outcome of the test.	Intrastate: Quarantine back to premises of origin.   Interstate: Refuse entry or quarantine to destination with pending EIA test.

 

Rulemaking Authority 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 570.36(2), 585.003, 585.007(1), 585.08(2)(a), 585.145(1), (2), 585.16, 585.23, 585.40 FS. History–New 5-24-10, Amended 2-19-14,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Thomas J. Holt, State Veterinarian, Director, Division of Animal Industry

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 13, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 10, 2014, Vol. 40/70

Page 1 of 5