FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
DIVISION OF ANIMAL INDUSTRY
RULE NO.:RULE TITLE:
5C-30.003Penalties
Notice is hereby given that the following correction have been made to the proposed rule in Vol. 40, No. 116, July 16, 2014, issue of the Florida Administrative Register.
5C-30.003 Penalties.
(1) through (3) See Notice of Proposed Rule for text.
The table in (3) was printed incompletely in the Notice of Proposed Rule. The complete table is show below.
TABLE #1
Decision and Penalty Matrix for Division of Animal Industry Movement Violations
Division of Animal Industry – AI Equine Infectious Anemia – EIA Individually Identified – ID
National Poultry Improvement Plan – NPIP Official Certificate of Veterinary Inspection – OCVI (valid for 30 days)
Pullorum-Typhoid – PT Test Tuberculosis – 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)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
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.
Horses (Equine)
No OCVI, invalid OCVI, or OCVI does not match the horse.
N/A
Call a Florida veterinarian to issue OCVI, at owner’s expense, and allow entry. If no veterinarian is available, then quarantine to destination.
1 st Quarantine
2nd Quarantine
3rd and subsequent violations within 24 months of last violation – refuse entry into state.
Horses (Equine)
No equine piroplasmosis (EP) test or treatment if from endemic area.
Quarantine back to premises of origin.
Refuse entry into state.
Refuse entry.
Horses (Equine)
No temperature reading on OCVI.
N/A
Allow entry into state and issue an advisory notice.
Advisory notice.
Pigs (Swine/Porcine)
No pseudorabies test, brucellosis test, no ID, or OCVI/invalid OCVI.
N/A
Quarantine to destination.
1 st Quarantine
2nd Quarantine
3rd and subsequent violations within 24 months of last violation – refuse entry into state.
Poultry (Avian)
No OCVI/invalid OCVI, PT test, or NPIP/VS 9-3.
N/A
Refuse entry into state.
Refuse entry into state.
Poultry (Avian)
No prior permission number with VS 9-3.
N/A
Allow entry and issue an advisory notice.
1 st Advisory notice.
2nd Advisory notice.
3rd and subsequent violations within 24 months of last violation – refuse entry into state.
Poultry (Avian)
No prior permission number with OCVI.
N/A
Allow entry to a single destination and quarantine.
1 st Quarantine
2nd Quarantine
3rd and subsequent violations within 24 months of last violation – refuse entry into state.
*The penalties in Table #1 are listed in the order that they will apply with each succeeding violation.
(4) No Change.
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, __________.
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