The purpose and effect of the rule changes are to update and specify identification, testing and documentation requirements for exhibition of animals in Florida.

Division of Animal Industry

RULE CHAPTER NO.: RULE CHAPTER TITLE:

5C-4 Admission of Animals for Exhibition

RULE NOS.: RULE TITLES:

5C-4.001 General Requirements and Limitations

5C-4.0015 Definitions

5C-4.0016 Applications, Cards, Forms, Other Official Documents Required and Fees

5C-4.0017 General Requirements, Exemptions and Limitations

5C-4.002 Cattle

5C-4.003 Swine

5C-4.004 Poultry, Domestic Fowl

5C-4.005 Goats or Sheep

5C-4.008 Horses

PURPOSE AND EFFECT: The purpose and effect of the rule changes are to update and specify identification, testing and documentation requirements for exhibition of animals in Florida.

SUMMARY: The proposed modifications in this rule are to delineate new, and streamline old, requirements for exhibition of animals in Florida.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: No Statement of Estimated Regulatory Cost has been prepared.

Any person who wishes to provide information regarding the statement estimated regulatory costs, or to provide a proposal for a lower costs regulatory alternative must do so in writing within 21 days of this notice.

SPECIFIC AUTHORITY: 585.002(4) FS., 585.08(2)(a) FS., 585.145(1), (2) FS.

LAW IMPLEMENTED: 585.08(2)(a) FS., 585.08(3) FS., 585.145 FS., 585.145(1), (2) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE TIME AND PLACE SHOWN BELOW:

DATE AND DATE: April 7, 2006, 2:00 p.m.

PLACE:  Room 316, Mayo Building Tallahassee, FL  32399-0800

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Dr. Wm. C. Jeter, Chief, Bureau of Animal Disease Control, Division of Animal Industry, Rm. 332, 407 S. Calhoun St. Tallahassee, FL 32399-0800; [phone]; Fax: [phone]

 

THE FULL TEXT OF THE PROPOSED RULES IS:

 

5C-4.001 General Requirements and Limitations.

Specific Authority 585.002(4), 585.08(2)(a), 585.145(1), (2) FS. Law Implemented 585.08(2)(a), 585.145(1), (2) FS. History–Amended 7-1-71, 8-7-77, 9-30-80, Formerly 5C-4.01, Amended 4-17-89, 1-19-95, 6-4-95; Repealed _________.

 

(Substantial rewording of Rule 5C-4.0015 follows.  See Florida Administrative Code for present text.)

 

5C-4.0015 Definitions.

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

(1) Accredited Veterinarian. A veterinarian licensed in the state of origin and accredited by the United States Department of Agriculture, Animal and Plant Health Inspection Service (USDA, APHIS) to perform certain functions of the federal and cooperative -state-federal programs in accordance with the provisions of Title 9 Code of Federal Regulations (9 CFR) § 161 (2004).

(2) Animal or Domestic Animal. The term shall include: any animals which are raised for private use or commercial purposes, to include but not be limited to, any animal referred to as livestock or grazing animals such as horse, mule, ass, burro, zebra or other Equidae; any cattle such as bull, steer, ox, cow, heifer, calf, or bovine animal; any goat, sheep, swine, cervidae or other hoofed animal; any domestic cat or dog, reptile or amphibian; any avian such as ratites, poultry, or other domesticated bird or fowl; or any beast, or wild or game animals, for the purpose to effectively control or eradicate dangerous transmissible diseases or pests which threaten the agricultural interests of Florida.

(3) 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.

(4) Commercial Production Swine. Swine that have been subjected to and found negative on an annual brucellosis and pseudorabies test and have been continuously managed with adequate facilities and practices to prevent exposure to either transitional or feral swine and so recognized by state animal health officials.

(5) Group. One or more animals maintained on the same premises or in direct contact with one another.

(6) Horse. Any horse, mule, ass, zebra or other equidae.

(7) Isolation. Separation of individual animals by a physical barrier in a manner that assures one animal does not have access to the body, excrement, or discharges of another animal; does not share a building with a common ventilation system; and is not within ten feet of another animal.

(8) Market Class. An exhibition class consisting of finished fed animals that all go directly to slaughter immediately following the exhibition.

(9) Official Certificate of Veterinary Inspection (OCVI). A legible record or certificate made on an official form from the state of origin or from the USDA, issued and signed by veterinarians licensed and accredited in the state of origin for the purpose of certifying the official individual identification, test requirements, and health status of specific animals for movement, exhibition, and other designated purposes.

(10) Official Individual Identification. A form of unique individual animal identification including, but not limited to:

(a) Official Eartags. Must be tamper-resistant/tamper evident, approved by APHIS, capable of providing a unique identification number for each animal, and capable of being recorded in a central repository. Such eartags must conform to one of the following number systems:

1. National Uniform Eartagging System;

2. Animal identification number (AIN);

3. Premises-based numbering system; or

4. Any other numbering system approved by APHIS;

(b) Ear, tail-web or flank tattoos, using the National Uniform Tag Code number assigned by APHIS to the state of origin; breed registration tattoos when accompanied by breed registration papers; or an official brand when accompanied by a brand registration certificate;

(c) Official leg or wing bands for poultry;

(d) Color digital images or notarized color photographs of the animal, signed by a state-licensed, USDA-accredited veterinarian; or

(e) Implanted electronic chips that conform to ISO standards with a unique number that is recorded in a single, central database.

(11) Official Test. A test conducted by a method approved by Department rules for the specific disease and animal species.

(12) Poultry or Domestic Fowl. Chickens, turkeys, quail, pheasants, chukars, peafowl, guineas, ratites and waterfowl or 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.

(13)Segregated. To maintain a group of animals separate from another group of animals in such a manner as to prevent physical contact between animals of the two groups.

Specific Authority 585.002(4), 585.08(2), 585.145(1), (2) FS. Law Implemented 585.08(2)(a), 585.145(1), (2) FS. History–New 1-19-95, Amended 6-4-95, ________.

 

5C-4.0016 Applications, Cards, Forms, Other Official Documents Required and Fees.

(1) USDA. VS Form 10-11. An official USDA, APHIS, VS form required for submitting samples and reporting results of EIA tests.

(2) Division.

(a) Official Certificates of Veterinary Inspection (OCVI). These certificates are provided only to Florida-licensed and USDA-accredited veterinarians and may be obtained as provided in 5C-4.0016(3), F.A.C. Depending on species and purpose (sale or movement), the following are Florida-recognized OCVIs:

1. Official Certificate of Veterinary Inspection, DACS-09000; for use with all species, in association with movement or sale. Cost is $65 per book of 25 certificates.

2. Official Equine Certificate of Veterinary Inspection, DACS-09002; for use with equine, in association with movement or sale. Cost is $65 per book of 25 certificates.

3. Official Avian Certificate of Veterinary Inspection, DACS-09023; for use with avian/poultry, in association with movement or sale. Cost is $100 per 100 certificates.

4. Official Certificate of Veterinary Inspection for Interstate Movement of Dogs, Cats, and other Non-Livestock Species, DACS-09086; for use with companion and non-livestock animals in association with interstate movement. Cost is $65 per package of 25 certificates.

(b) Equine Interstate Passport Card, DACS-09207, is an official card provided by the Department to the horse owner, which certifies the existence of an official negative EIA test within the previous 12 months and a valid Florida Official Equine Certificate of Veterinary Inspection for interstate movement for exhibition purposes in states which accept the card. The document is valid for six (6) months provided the conditions in subsections 5C-3.003(5)(a)-(f), F.A.C., are met. The Equine Interstate Passport Card is not acceptable for change of ownership purposes. It may be applied for by submitting an Application for Equine Interstate Passport Card, DACS-09219, to the Division with the associated fee of $15.00 for the first equine and $5.00 for each additional equine on the same application. Copies may be obtained as provided in subsection 5C-4.0016(3), F.A.C.

(c) Negative EIA Test Verification Card, DACS-09160, is an official document provided by the Department to the horse owner to show proof of a negative EIA test within the previous 12 months, for purposes other than change of ownership. The document is valid for 12 months from the date the blood was drawn and is renewable annually with an associated fee of $5.00 per application (Card). The Negative EIA Test Verification Card may be applied for by submitting the Application for Negative EIA Test Verification Card DACS-09206. Copies may be obtained as provided in subsection 5C-18.0011(4), F.A.C.

(d) Equine Event Extension(A Permit), DACS-09051, an official document provided by the Department to the horse owner, which certifies the existence of an official negative EIA test within the previous 12 months and a valid Florida Official Certificate of Veterinary Inspection. The document is valid for six (6) months provided the conditions in subsections 5C-3.003(5)(a)-(f), F.A.C., are met. It may be applied for by submitting the Application for Equine Event Extension, DACS-09078, to the Division as referred to in subsection 5C-3.003(5), F.A.C., with the associated fee of $10.00 for the first equine and $5.00 for each additional equine on the application; copies of which may be obtained as provided in subsection 5C-3.0011(4), F.A.C.

(3) Forms. VS Form 10-11 (APR 90), and previous versions accepted by USDA, APHIS, VS, is hereby incorporated by reference. Copies may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328. Official Certificate of Veterinary Inspection, DACS-09000 Rev. 07/03; Official Equine Certificate of Veterinary Inspection, DACS-09002 Rev. 10/05; Official Avian Certificate of Veterinary Inspection, DACS-09023 Rev. 12/03; and Official Certificate of Veterinary Inspection for Interstate Movement of Dogs, Cats, and other Non-Livestock Species, DACS-09086 Rev. 10/05, Equine Event Extension(A Permit), DACS-09051 Rev. 03/ 06, Application for Equine Event Extension, DACS-09078 Rev. 10/05, Equine Interstate Passport Card, DACS-09207 Rev. 08/04, Application for Equine Interstate Passport Card, DACS-09219 Rev. 10/05, Negative EIA Test Verification Card, DACS-09160 Rev. 06/05, and Application for Negative EIA Test Verification Card DACS-09206 Rev. 10/05, and previous versions, are hereby incorporated by reference. Copies may be obtained from the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, 407 S. Calhoun St., Tallahassee, FL 32399-0800; 850/410-0900.

Specific Authority 585.002(4) FS., 585.08(2)(a) FS., 585.145(1), (2) FS. Law Implemented 585.08(2)(a) FS., 585.145(1), (2) FS. History–New ________.

 

5C-4.0017 General Requirements, Exemptions and Limitations.

(1) Official Certificate of Veterinary Inspection (OCVI) Required. All animals presented for exhibition purposes in Florida, unless specifically exempted, must be accompanied by an OCVI issued by a veterinarian accredited in the state of origin.

(a) The OCVI must be complete including the breed, sex, and registration number, and the official individual identification of each animal.

(b) Results of a specific test requirement or herd accreditation, certification or validation number for each animal must be recorded on the OCVI with the date of the test or herd accreditation, certification or validation.

(2) Expiration of Required OCVI.

(a) For Florida-origin animals an OCVI is valid for 90 days from the date of issue; or until the expiration date of any required tests, whichever is the earliest date.

(b) For animals imported into Florida for exhibition purposes only, the OCVI is valid for 30 days, except that, for equine imported into Florida using a current Equine Interstate Passport Card, DACS-09207, or equivalent of the state of origin signed by the State Veterinarian or chief animal health official, the OCVI will be extended to the date of expiration of the Equine Interstate Passport Card or its equivalent of the state of origin.

(3) Exemption to Required OCVI. An OCVI is not required for animals originating in Florida and entered in market classes provided that animals are segregated from other animals and the pens are occupied only by the animals in a market class. Pens used for market classes must not be reused until after cleaning and disinfecting.

(4) Inspection Required. Prior to immediate acceptance at an exhibition, all animals presented for exhibition must be visually inspected by an authorized representative for:

(a) The required official individual identification of the animal; and

(b) Clinical signs of disease including, but not limited to, caseous lymphadenitis, blisters/ulcers around the mouth, nostrils, coronary band, pinkeye, pox, scabies, lice, ringworm, atrophic rhinitis, or multiple warts that are clearly visible; and

(c) Evidence of compliance with animal tests and OCVI requirements, where required.

(5) Animals Rejected for Exhibition.

(a) Any animal in non-compliance with animal tests and OCVI requirements, or

(b) Any animal not meeting the official individual identification requirements, or

(c) Any animal which is suspected of having or showing clinical signs of dangerous transmissible, contagious or infectious disease on visual inspection, or any animal which is known to be exposed to such diseases must be:

1. Immediately withdrawn from exhibition and returned to the place of origin, or

2. Examined by a Florida-licensed and USDA-accredited veterinarian at the owner's expense within 24 hours, who certifies by a signed, written statement, that the animal is free of dangerous transmissible, contagious or infectious disease and pests.

(6) Forms. Equine Interstate Passport Card, DACS-09207 Rev. 08/04, is hereby incorporated by reference. Copies may be obtained from the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, 407 S. Calhoun St., Tallahassee, FL 32399-0800.

Specific Authority 585.002(4) FS., 585.08(2)(a) FS., 585.145(1), (2) FS. Law Implemented 585.08(2)(a) FS., 585.145(1), (2) FS. History–New ________.

 

(Substantial rewording of Rule 5C-4.002 follows.  See Florida Administrative Code for present text.)

 

5C-4.002 Cattle or Bison.

(1) OCVI Required.

(a) Florida-origin cattle or bison moved for exhibition must be accompanied by an OCVI dated not more than 90 days prior to exhibition.

(b) Animals imported from other states for exhibition must be accompanied by an OCVI dated not more than 30 days prior to exhibition.

(2) Test or Certification Required.

(a) Tuberculosis.

1. Florida-origin cattle or bison may be entered for exhibition without a tuberculin test. 2. Imported dairy cattle may be entered for exhibition provided they have a negative caudal fold tuberculin skin test within 30 days prior to the date of the exhibition; except that, dairy cattle from Accredited Tuberculosis-Free Herds originating in Tuberculosis-Free States, are exempt from this test requirement.

3. Imported beef cattle or bison may be entered for exhibition without a negative caudal fold tuberculin skin test provided they originate from Accredited Tuberculosis-Free States or Herds. Otherwise, they must meet the requirements in subparagraph 5C-4.002(2)(a)2., F.A.C.

(b) Brucellosis.

1. Test Required. Cattle or bison, six (6) months of age or older, must have evidence of a negative brucellosis test within 30 days prior to the date of exhibition.

2. Exemption from Required Brucellosis Test.

a. Steers and spayed heifers; and

b. Cattle or bison originating from a Certified Brucellosis-Free Herd, or a Brucellosis Class Free State or Area which when certified, the OCVI must show the certified herd number and the date of the last herd certification test; and.

c. Cattle or bison from non-quarantined herds originating from Class A State or Area provided that the cattle are under 18 months of age.

Specific Authority 585.002(4), 585.08(2)(a), 585.145(1), (2) FS. Law Implemented 585.08(2)(a), 585.145(1), (2) FS. History–Amended 7-25-66, 11-15-67, 1-1-70, 7-1-71, 9-1-72, 8-7-77, 8-8-79, 9-30-80, 6-26-83, Formerly 5C-4.02, Amended 4-17-89, 1-19-95, ________.

 

(Substantial rewording of Rule 5C-4.003 follows.  See Florida Administrative Code for present text.)

 

5C-4.003 Swine.

(1) OCVI Required.

(a) Swine for exhibition must be accompanied by an OCVI dated not more than 90 days prior to presentation for exhibition.

(b) Swine imported for exhibition must be accompanied by an OCVI dated not more than 30 days prior to presentation for exhibition.

(2) Tests or Certification Required for Breeding Swine.

(a) Brucellosis.

1. Swine six (6) months of age or older must be negative to an official test for brucellosis within 30 days prior to exhibition, or

2. Originate from a Validated Brucellosis-Free Swine herd as defined in 9 CFR § 78.1, or

3. Originate from a Commercial Production Swine Herd as defined in 5C-4.0015(4), F.A.C.

(b) Pseudorabies. Swine six (6) months of age or older must be negative to an official test for pseudorabies within 30 days prior to exhibition, or

1. Originate from a Qualified Pseudorabies-Free Herd as defined in 9 CFR § 85, or

2. Originate from an Approved Commercial Production Swine Herd.

(3) Exemptions. Swine for exhibition as “market class” swine are exempt from the OCVI and test requirements provided that all swine in the class go directly to slaughter following the exhibition.

(4) Isolation. Breeding swine returning to the farm from exhibitions must be isolated from other swine at least 30 days before being returned to the herd. Breeding swine for exhibition must be maintained in isolation between exhibitions or move directly between exhibitions.

(4) Materials. 9 CFR § 78 (2004) and § 85 (2004) are hereby incorporated by reference. Copies may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

Specific Authority 585.002(4) FS., 585.08(2)(a) FS., 585.145(1), (2) FS. Law Implemented 585.08(2)(a) FS., 585.145(1), (2) FS. History–Amended 3-21-64, 6-20-68, 1-1-71, 3-1-72, Formerly 5C-4.03, Amended 4-17-89, 1-19-95, ________.

 

(Substantial rewording of Rule 5C-4.004 follows.  See Florida Administrative Code for present text.)

 

5C-4.004 Poultry, Domestic Fowl and Ratites.

(1) OCVI Required. An OCVI is required for domestic fowl and ratites for movement into Florida, but not specifically for exhibition. However, domestic fowl and ratites presented for exhibition without an OCVI, must be inspected as provided in subsection 5C-4.0017(4), F.A.C.

(3) Materials. 9 CFR § 145 (2004) and § 147 (2004) are hereby incorporated by reference. Copies may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.(2) Test or Certification Required. All domestic fowl and ratites entered for exhibition must originate from Pullorum-Typhoid Clean flocks or hatcheries, as provided in 9 CFR § 145 (2004) and § 147 (2004), or have a negative pullorum-typhoid test within 90 days prior to exhibition.

Specific Authority 585.002(4) FS., 585.08(2)(a) FS., 585.145(1), (2) FS. Law Implemented 585.08(2)(a) FS., 585.145(1), (2) FS. History–Amended 4-20-67, 4-18-84, 4-4-85, Formerly 5C-4.04, Amended 6-21-87, 4-17-89, 1-19-95, 6-4-95, ________.

 

(Substantial rewording of Rule 5C-4.005 follows.  See Florida Administrative Code for present text.)

 

5C-4.005 Goats or Sheep.

(1) OCVI Required.

(a) Florida-origin goats or sheep presented for exhibition must be accompanied by an OCVI dated not more than 90 days prior to presentation.

(b) Goats or sheep imported into Florida for exhibition must be accompanied by an OCVI completed within 30 days prior to exhibition.

(2) Identification. All goats or sheep entered for exhibition purposes must have an official individual identification in accordance with the National Scrapie Eradication Uniform Methods and Rules, APHIS 91-55-066, June 1, 2005.

(3) Tests or Certification Required.

(a) Tuberculosis Test. All dairy goats six (6) months of age or older imported for exhibition purposes must originate from an Accredited Tuberculosis-Free Herd, or have had a negative caudal fold tuberculosis test within 90 days prior to exhibition. When originating from accredited tuberculosis-free herds, the OCVI must show the accredited herd number and the date of the last herd accreditation test.

(b) Brucellosis Test. All dairy goats six (6) months of age or older imported for exhibition purposes must originate from a Certified Brucellosis-Free Herd, or have had a negative brucellosis test within 90 days prior to exhibition. When originating from a certified brucellosis-free herd, the OCVI must show the certified herd number and the date of the last herd certification test.

(c) Exemption From Test Requirements. There are no tuberculosis or brucellosis test requirements for meat type goats or Florida-origin dairy goats.

(4) Materials. National Scrapie Eradication Uniform Methods and Rules, APHIS 91-55-066, June 1, 2005, is hereby incorporated by reference. Copies may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

Specific Authority 585.002(4) FS., 585.08(2)(a) FS., 585.145(1), (2) FS. Law Implemented 585.08(2)(a) FS., 585.145(1), (2) FS. History–New 11-4-76, Formerly 5C-4.05, Amended 4-17-89, 1-19-95, 6-4-95, ________.

 

(Substantial rewording of Rule 5C-4.008 follows.  See Florida Administrative Code for present text.)

5C-4.008 Horses.

(1) OCVI Required. An OCVI or an Equine Interstate Passport Card, DACS-09207, or equivalent of the state of origin, signed by the State Veterinarian or chief animal health official, is required for horses for movement into Florida, but not specifically for exhibition.

(2) Test or Certification Required. All horses presented for exhibition must be accompanied by evidence of a negative official test for equine infectious anemia (EIA), conducted within 12 months prior to exhibition. The negative EIA test must be reported on:

(a) an original owner’s copy of a VS Form 10-11;

(b) a laboratory certified copy of a VS form 10-11;

(c) a legible photocopy of a VS Form 10-11;

(d) an Equine Interstate Passport Card, DACS-09207, or equivalent of the state of origin signed by the State Veterinarian or chief animal health official; which may be applied for by submitting the Application for Equine Interstate Passport Card, DACS-09219 as provided in subsection 5C-4.008(4), F.A.C.;

(e) a Negative EIA Test Verification Card, DACS-09160, or equivalent of the state of origin signed by the State Veterinarian or chief animal health official; which may be applied for by submitting the Application for Negative EIA Test Verification Card, DACS-09206 as provided in subsection 5C-4.008(4), F.A.C., or

(f) a Department-approved electronic EIA form containing clear, color digital images.

(3a) Exemption to Test Requirement. A foal under six (6) months of age accompanied by its dam which has met the EIA test requirement is not required to have an EIA test.

(4) Forms. VS Form 10-11 (APR 90) , and previous versions accepted by USDA, APHIS, VS, is hereby incorporated by reference. Copies may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328. Application for Equine Interstate Passport Card, DACS-09219 Rev. 10/05, Equine Interstate Passport Card, DACS-09207 Rev. 08/ 04, Application for Negative EIA Test Verification Card, DACS-09206 Rev. 10/05, and Negative EIA Test Verification Card, DACS-09160 Rev.06/05, and previous versions, are hereby incorporated by reference. Copies may be obtained from the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, 407 S. Calhoun St., Tallahassee, FL 32399-0800.

Specific Authority 585.002(4), 585.08(2)(a), 585.145(1), (2) FS. Law Implemented 585.08(3), 585.145 FS. History–New 1-19-95, Amended 6-4-95, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Wm. C. Jeter, Chief, Bureau of Animal Disease Control, Division of Animal Industry, Rm. 332, 407 S. Calhoun St. Tallahassee, FL 32399-0800; (850).410-0900; Fax: [phone]

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Dr. Thomas J. Holt, State Veterinarian, Director, Florida Department of Agriculture and Consumer Services, Division of Animal Industry, Rm. 330, 407 S. Calhoun St. Tallahassee, FL 32399-0800; [phone]; Fax: [phone]

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 20, 2005

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 9, 2005