Definitions, Official Test, Report of Test, Quarantine, Test Required for Movement, Assembly, Change of Ownership, and for Breeding Stallions and Mares
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Animal Industry
RULE NO.:RULE TITLE:
5C-18.001Definitions
5C-18.003Official Test
5C-18.004Report of Test
5C-18.007Quarantine
5C-18.010Test Required for Movement, Assembly, Change of Ownership, and for Breeding Stallions and Mares
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 47 No. 75, April 19, 2021, issue of the Florida Administrative Register.
5C-18.001 Definitions.
(1) through (2) No Change.
(3) Approved Quarantine Premises. Premises that has been issued a valid permit to maintain Reactors under designated conditions as provided by subsection 5C-18.007(6)(5), F.A.C.
(4) through (8) No Change.
(9) EIA Quarantine. The maintenance of a Rreactor, Ssuspect, or Eexposed Equinehorse on an approved quarantine premises consistent with subsection 5C-18.007(6)(5), F.A.C.
(10) Electronic Equine Infectious Anemia (EIA) Laboratory Test. An electronic document setting forth the same information required by the Equine Infectious Anemia Laboratory Test Form, VS form 10-11 (Dec 2020)(Feb 2018), incorporated in subsection 5C-4.0016(1), F.A.C., which must be complete, legible, and accurate, and include digital images of the Equine. The digital images must consist of three (3) color images and include a full view of both sides of the Equine and the length of the face from above the ears to below the muzzle. Equine Infectious Anemia Test Form, VS form 10-11 (Dec 2020) is herby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx.
(11) through (14) No Change.
(15) Negative EIA Verification Card. Card issued by the Department to an Equine on the Negative EIA Test Verification Card form, FDACS-09160 (08/18)09206 (Oct 2005), as incorporated in rule, 5C-4.0016(2)(c), F.A.C., that serves as proof of a negative EIA test within the state of Florida.
(16) No Change.
(17) Official Test Date. The date the blood sample was drawn from the Equine for purposes of conducting an Official Test as reflected on the Equine Infectious Anemia Laboratory Test Form, VS Form 10-11 (Dec 2020)(Feb 2018), as incorporated in section 5C-18.001(10),5C-4.0016(1) F.A.C., or an electronic EIA Laboratory Test.
(18) Permit for Movement of Restricted Animals, VS Form 1-27 (June 1989)(July 2011). Permit incorporated and defined in subsection 5C-3.001(34), F.A.C.
(19) through (21) No Change.
Rulemaking Authority 585.002(4), 585.08(2), 585.671 FS. Law Implemented 585.671, 585.11(1) FS. History–New 10-15-73, Formerly 5C-18.01, Amended 8-15-94, ________.
5C-18.003 Official Test.
(1) Official Test. The Department will only accept the results of an EIA test to be negative or positive if the EIA test is an Official Test that:
(a) through (c) No Change.
(d) Is submitted with and reported on:
1. An Equine Infectious Anemia Laboratory Test Form, VS Form 10-11 (Dec 2020)(Feb 2018), as incorporated in 5C-18.001(10), with all sections and copies, must be complete, legible, and accurate with a detailed description of the horse that the test record represents including the following information:
a. through e. No change
2. through 3. No change.
(2) Rejected Test Report. A report of an EIA test will be rejected if the report:
(a) No Change.
(b) No change.
(c) Is an Equine Infectious Anemia Laboratory Test Form, VS Form 10-11 (Dec 2020)(Feb 2018), as incorporated in 5C-18.001(10) and is not an original owner’s copy or a laboratory certified copy; except that for purpose other than change of ownership within Florida, a clear and legible photocopy of the owner's original copy is acceptable; or
(d) No change.
(3) Approved Laboratory Requirements:
(a) Permit Required. Any laboratory which conducts a test for EIA within Florida must:
1. No Change.
2. Complete and submit a Permit Requirements For Private Laboratory to Conduct Equine Infectious Anemia (EIA) Tests, FDACS-09265 Rev. 06/210, issued by the Department. Permit Requirements For Private Laboratory to Conduct Equine Infectious Anemia (EIA) Tests, FDACS-09265. Rev. 06/210 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx.
(b) Application for Permit.
1. No Change.
2. Application Fee. An non-refundable application fee of $50.00 must be submitted with each written request. The fee must be submitted as a check or money order made payable to the Florida Department of Agriculture and Consumer Services. This fee is waived for the Department's Bureau of Diagnostic Laboratory.
(c) Requirements for Permit. The Department will issue a Permit for Approved Laboratory for Equine Infectious Anemia Testing, FDACS-09084, Rev. 06/20 upon a laboratory’s submission of a complete application and application fee as provided in paragraph (b), and compliance with the following requirements:
1. No Change.
2. Certification to Comply. The applicant for the permit must certify that the laboratory will comply with all provisions of this rule by signing the Agreement to Conduct the Equine Infectious Anemia Agar Gel Immuno-Diffusion Testing & Statement of Certification, FDACS-09130 Rev. 06/210. Agreement to Conduct the Equine Infectious Anemia Agar Gel Immuno-Diffusion Testing & Statement of Certification, FDACS-09130 Rev. 06/210 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx.
3. Test Check Proficiency Results. The laboratory will certify to the Department that it will forward a copy of all test check proficiency results performed in accordance with 9 C.F.R. § 75.4(c) (2018) upon request after they are received by the laboratory. 9 C.F.R. § 75.4(c) (2018) as incorporated in subparagraph 5C-18.003(3)(c)1. F.A.C.
(d) Renewal of Permits.
1. No Change.
2. The Authorized Laboratory Representative must submit the following prior to November 30 of each year for renewal of a laboratory’s Permit for Approved Laboratory for Equine Infectious Anemia Testing, FDACS-09084, Rev. 06/20:
a. Certification of continuous compliance with the requirements in 9 C.F.R. § 75.4 (2018) as incorporated in subparagraph 5C-18.003(3)(c)1. F.A.C., Veterinary Services Memorandum 15201.1 (Apr. 5 2019) as incorporated in subparagraph 5C-18.003(3)(c)1. F.A.C, and all requirements of Chapter 5C-18, F.A.C., by completing the form, Agreement to Conduct the Equine Infectious Anemia Agar Gel Immuno-Difffusion Testing & Statement Certification, FDACS-09130 Rev. 06/210 as incorporated in subparagraph 5C-18.003(3)(c)2., F.A.C.;
b. through c. No Change.
(e) Revocation of Permit. The Department will revoke any issued Permit for Approved Laboratory for Equine Infectious Anemia Testing, FDACS-09084, Rev. 06/20 for the following reasons:
1. through 2. No Change.
3. The laboratory no longer meets the standards and requirements as specified in 9 C.F.R. § 75.4 (2018), USDA Veterinary Services Memorandum 15201.1 (Apr. 5 2019). 9 C.F.R. § 75.4(2018) isas incorporated in subparagraph 5C-18.003(3)(c)1. F.A.C. and USDA Veterinary Services Memorandum 555.16 (2011) isas incorporated in subparagraph 5C-18.003(3)(c)1. F.A.C.
(4) Procedures for Identifying EIA Test Samples.
(a) Receiving Samples. The laboratory must confirm that all EIA test samples received are accompanied by Equine Infectious Anemia Laboratory Test Form, VS Forms 10-11 (Dec 2020)(Feb 2018) or an Electronic EIA Laboratory Test, which meet the following requirements:
1. All Equine Infectious Anemia Laboratory Test Form, VS Forms 10-11 (Dec 2020)(Feb 2018) and Electronic EIA Laboratory Tests are reviewed by the laboratory staff to ensure that they are complete and accurate.
2. Information needed on incomplete Equine Infectious Anemia Laboratory Test Form, VS Forms 10-11 (Dec 2020)(Feb 2018) or an Electronic EIA Laboratory Test must be obtained from the submitting Accredited Veterinarian before the samples may be tested; and
3. The laboratory must confirm that the veterinarian who signed the Equine Infectious Anemia Laboratory Test Form, VS Forms 10-11 (Dec 2020)(Feb 2018) or Equine Infectious Anemia Laboratory Test, is accredited pursuant to the USDA, APHIS National Veterinary Accredidation Program as a category II veterinarian in the state where the blood sample was taken.
(b) No change.
(5) Laboratory Records, Record Keeping.
(a) The laboratory must maintain a daily log, which records the following test sample information:
1. through 3. No change
4. Name of the owner of the Equinehorse;
5. through 8. No change.
(b) No change
Rulemaking Authority 585.002(4), (5), 585.08(2), 585.671 FS. Law Implemented 585.002(5), 585.671, 585.11(1) FS. History–New 10-15-73, Formerly 5C-18.03, Amended 8-15-94, 8-3-99, ________.
5C-18.004 Report of Test.
(1) Test Report. Results of all EIA tests conducted in an Approved Laboratory will be reported on Equine Infectious Anemia Laboratory Test Form, VS Form 10-11 (Dec 2020)(Feb 2018), as incorporated in subsection 5C-18.001(1011), F.A.C., or an Electronic EIA Laboratory Test. No other means of reporting is allowed except as required in paragraph 5C-18.004(2)(b), F.A.C.
(a) No change
(b) The laboratory will send the Accredited Veterinarian carbon copies of the completed Equine Infectious Anemia Laboratory Test Form, VS Form 10-11 (Dec 2020)(Feb 2018), as incorporated in subsection 5C-18.001(10), F.A.C. or electronically provide the Electronic EIA Laboratory Test to the Accredited Veternarian.
(c) No change
(d) A laboratory will report to the Department the total number of EIA tests it conducts on Equines residing in Florida each month on the Equine Infectious Anemia Samples Processed FDACS-09266 Rev. 06/20, Equine Infectious Anemia Saples Processed FDACS-09266 Rev. 06/20, is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx. This report is due to the Department by the 10th of the following month and must be either mailed to 407 South Calhoun Street, Mayo Building, Tallahassee, Florida, 32399-0800 or emailed to the Equine Programs Manager at EquinePrograms@FDACS.gov.
(2) No Change.
Rulemaking Authority 585.002(4), 585.08(2), 585.671 FS. Law Implemented 585.671, 585.18 FS. History–New 10-15-73, Formerly 5C-18.04, Amended 8-15-94, ________.
5C-18.007 Quarantine.
(1) A Department Representative will quarantine an Equine and require it to be isolated from all other an Equine if the an Equine:
(a) through (c) No change.
(2) Certification to Comply. The owner or owner’s representative must complete an Application for Designation As An Equine Infectious Anemia Approved Quaratine Premises, FDACS-09202 Rev. 06/210. Application for Designation As An Equine Infectious Anemia Approved Quaratine Premises, FDACS-09202 Rev. 06/210, is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx.
(3) through (5) No change.
(6) Approved Quarantine Premises. Any premises where a Reactor is to be maintained must be approved in advance by the Director. A premise shall be approved by the Director to be an Approved Quarantine Premises upon compliance with the requirements in paragraphs (a)-(d).
(a) Written Request. The owner of the premises where a Reactor is to be maintained, or an authorized representative of the owner, must submit a written request for approval of the premises to the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, 407 South Calhoun Street, Tallahassee, Florida 32399-0800 using the form Application for Designation as an Equine Infectious Anemia Approved Quaratine Premises, FDACS-09202 Rev. 06/21 as incorporated in 5C-18.007(2), F.A.C.
(b) through (e) No Changes.
(f) An Equine may not enter or leave an Approved Quarantine Premises except when accompanied by a Permit for Movement of Restricted Animals, VS Form 1-27 (June 1989)(July 2011) as incorporated in rule 5C-3.001(34), F.A.C., issued by a Department Representative.
(h) Revocation of Approval of Approved Quarantine Premises.
1. No Change.
2. If any requirements of paragraphs 5C-18.007(65), F.A.C., for Approved Quarantine Premises cannot be maintained, the owner(s) of the Equine(s) will be allowed 15 days to relocate the Equine(s) to an Approved Quarantine Premise; to dispose of the Reactors as provided in subsection 5C-18.007(32), F.A.C.; or to euthanize the animals.
Rulemaking Authority 585.002(4), 585.08(2), 585.671 FS. Law Implemented 585.08(1), 585.145(1), (2), 585.16, 585.671 FS. History–New 10-15-73, Formerly 5C-18.07, Amended 8-15-94, 8-3-99, ________.
5C-18.010 Test Required for Movement, Assembly, Change of Ownership, and for Breeding Stallions and Mares.
(1) Negative EIA Test for Movement. All Equines imported into Florida, or moving within the state, must be accompanied by an Official Report of a negative EIA test conducted within the previous 12 months. The test must be reported on one of the following documents:
(a) Equine Infectious Anemia Laboratory Test, VS Form 10-11 (Dec 2020)(Feb 2018) as incorporated in subsection 5C-18.001(10)5C-4.0016(1) F.A.C.;
(b) through 3. No Changes.
(2) Negative Official Test for Assembly. Equines which are congregated or commingled at public or private assemblies must be accompanied by a report of a negative Official Test conducted within the previous 12 months. Such assemblies include boarding stables and pastures, shows, exhibitions, fairs, rodeos, racetracks, trailrides and any other public or private assemblies. Equines that do not attend public or private assemblies but are housed with or commingled with Equines that congregate or are commingled at public or private assemblies must have an Official Report of a negative Official Test conducted within the previous 12 months. The test must be reported as described in paragraphs 5C-18.010(1)(a)-(c), F.A.C.
(a) The report of an Official Test must accompany an Equine for admission to any point of assembly described above, and must accurately describe the animal as provided in paragraph 5C-18.003(1)(de)1., F.A.C. If this requirement is not met, the Equine must be denied entry into the point of assembly.
(b) No Change.
(3) Negative Official Test for Change of Ownership. All Equines must have an Official Report of negative Official Test conducted within the previous 12 months for change of possession of the Equine by public and private sales, trial usage, gifts, and rentals or leases. The Official Test must be reported as described in paragraphs 5C-18.010(1)(a) or (c), F.A.C. The Official Test report must be the owners original document or an original laboratory certified copy. No photocopieseis or facimile will be accepted for change of ownership, except for approved Electronic EIA Laboratory Test documents printed in color.
(a) through (b) No Change.
(4) through (5) No Change.
Rulemaking Authority 585.002(4), 585.08(2), 585.671 FS. Law Implemented 585.145(2), 585.16, 585.671 FS. History–New 10-15-73, Amended 3-23-74, Formerly 5C-18.10, Amended 8-15-94, ________.
