Removes requirement for Department personnel to inspect vehicles and containers used to transport carcasses and refuse.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Animal Industry

RULE NOS.:RULE TITLES:

5C-23.001Definitions

5C-23.002Application for Permit; Fees

PURPOSE AND EFFECT: Removes requirement for Department personnel to inspect vehicles and containers used to transport carcasses and refuse.

SUMMARY: Outlining the requirements for the applications and permit with associated fees while engaging in the business of transporting or hauling animal carcasses/refuse.

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: A SERC is not required, based on the fact that the division is not raising any fees, only removing the requirement for Department personnel to inspect vehicles and containers used to transport carcasses and refuse. This rule update will save the Department resources and administrative costs associate with pre-inspection of these vehicles.

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: 585.002(4), 585.08(2) FS.

LAW IMPLEMENTED: 585.002(5), 585.145(1), 585.147 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, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5C-23.001 Definitions.

For the purposes of this chapter the following definitions shall apply:

(1) through (4) No change.

(5) Forms and Materials. Department of Agriculture and Consumer Services Application and Permit to Transport Animal Carcasses/Refuse (Form DACS-09056, Rev. 01-99) is hereby incorporated by reference. Copies may be obtained from the Department of Agriculture and Consumer Services, Division of Animal Industry, 407 South Calhoun Street, The Mayo Building, Tallahassee, Florida 32399-0800.

Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.145(1), 585.147 FS. History–New 10-26-99, Amended____.

 

5C-23.002 Application for Permit; Fees.

(1) No change.

(2) Application for Permit. The applicant must submit a signed Application For Permit to Transport Animal Carcasses/Refuse, FDACS-09056, Rev. 01/99 Form DACS-09056, Application and Permit to Transport Animal Carcasses/Refuse, together with a non-refundable application fee of $200, to the Division of Animal Industry, Florida Department of Agriculture and Consumer Services, 407 South Calhoun Street, The Mayo Building, Tallahassee, Florida 32399-0800. Application For Permit to Transport Animal Carcasses/Refuse, FDACS-09056, Rev. 01/99 is hereby incorporated by reference and can be found online at http://www.flrules.org/Gateway/reference.asp?No=Ref-. The fee must be submitted as a check or money order made payable to the Florida Department of Agriculture and Consumer Services.

(3) Requirements for Permit. Upon receipt of the application and fee, an authorized representative of the Department will inspect all vehicles and containers used in the transportation and storage of carcasses or refuse to determine compliance with the requirements of this chapter.

(3)(4) Issuance of Permit. Applicants that submit the required completed application and fee meeting the requirements on inspection by an authorized representative of the Department will be issued a permit. All permits expire on June 30 of each year.

(4)(5) Reissue of Permit. The applicant will submit to the Department a completed Application For Permit to Transport Animal Carcasses/Refuse, FDACS-09056, Rev. 01/99, referenced in 5C-23.002(2) F.A.C., DACS-09056 form indicating a request for reissue of permit signed by an authorized representative and accompanied by a permit fee as set forth above. Permit reissue requests will be due by July 1 of each year. If a permit request for reissue has not been received by July 1, an applicant must comply with all provisions of this rule as though never previously permitted.

Rulemaking Authority 585.002(4), 585.08(2) FS. Law Implemented 585.002(5), 585.145(1), 585.147 FS. History–New 10-26-99, Amended  ____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Michael Short, State Veterinarian, [phone]

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 01/31/2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 02/06/2018