The proposed rule will clarify definitions. Update and incorporate forms by rule. Update and clarify the testing requirements and forms required for Equine Infectious Anemia. Update and clarification to tests required for ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Animal Industry

RULE NOS.:RULE TITLES:

5C-18.001Definitions

5C-18.003Official Test

5C-18.004Report of Test

5C-18.006Identification of Reactors

5C-18.007Quarantine

5C-18.010Test Required for Movement, Assembly, Change of Ownership, and for Breeding Stallions and Mares

5C-18.011Procedures for Assembly Points, Approved Quarantine Assembly Points, Approved Quarantine Premises, and Horse Slaughter Sales

PURPOSE AND EFFECT: The proposed rule will clarify definitions. Update and incorporate forms by rule. Update and clarify the testing requirements and forms required for Equine Infectious Anemia. Update and clarification to tests required for Movement, Assembly, Change of Ownership, and for Breeding Stallions and Mares. Repeal of section 5C-18.011, Procedures for Assembly Points, Approved Quarantine Assembly Points, Approved Quarantine Premises, and Horse Slaughter Sales.

SUMMARY:  Clarification and update of rules and requirements regarding Equine Infectious Anemia.

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: 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. As part of this analysis, the Department relied upon the fact that the revisions being made to the rule only clarify definitions and testing requirements for importation of animals into Florida, no fees are associated with this rule. Additionally, no interested party submitted additional information regarding the economic impact.

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), 585.671 FS.

LAW IMPLEMENTED: 585.002(5), 585.08(1), 585.11(1), 585.14 585.16, 585.18, 585.19, 585.23, 585.145(1), (2), 585.671 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]; Fax: [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5C-18.001 Definitions.

(1) Accredited Veterinarian. A state licensed veterinarian accredited approved by the United States Department of Agriculture, Animal Plant Health Inspection Services (USDA, APHIS) to perform certain functions of federal and required by cooperative sState-fFederal disease control and eradication programs. as provided in 9 C.F.R. §161.1 (JAN 2018), incorporated in subsection 5C-4.0015(1), F.A.C.

(2) Approved Laboratory. A laboratory approved by the Director and USDA, APHIS to conduct Oofficial EIA equine infectious anemia Ttests as provided and meeting all criteria in subsection 5C-18.003(3), F.A.C.

(3) Approved Pesticide. Any pesticide which is recognized and approved by the Florida Department of Agriculture and Consumer Services or by the United States Department of Agriculture as an effective agent in the control or eradication of possible vectors for equine infectious anemia.

(4) Approved Quarantine Assembly Point. Premises approved by the Director for holding reactors and “S” branded slaughter horses prior to movement to a horse slaughtering establishment as provided by subsection 5C-18.011(2), F.A.C.

(3)(5) Approved Quarantine Premises. Premises that has been issued approved by the Director which have a valid permit to maintain Rreactors horses under designated conditions as provided by subsection 5C-18.007(5), F.A.C.

(4)(6) Authorized Laboratory Representative. An employee of an Aapproved Llaboratory who has completed the training at the National Veterinary Services Laboratory, United States Department of Agriculture, for conducting Equine Infectious Anemia Tests.

(7) Code of Federal Regulations (CFR). A codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. 9 CFR 75.4 (1993) is hereby incorporated by reference. Copies may be obtained from the United States Government Printing Office, Superintendent of Documents, Attention: New Orders, Post Office Box 371954, Pittsburgh, Pennsylvania 15250-7954.

(8) through (12) renumbered (5) through (9) no change

(10) Electronic Equine Infectious Anemia (EIA) Laboratory Test. An electronic document setting forth the same information required by the Equine Infectious Anemia Laboratory Test, VS form 10-11 (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.

(11) Equine. Any member of the family Equidae, including horses, mules, asses, zebras, burros and other lesser known equidae.

(12)(13) Equine Infectious Anemia (EIA). A viral disease of Equines, caused by the EIA virus, horses commonly known as swamp fever, which is infectious and is spread primarily by bloodsucking insects. Transmission can also occur through be by transfer of infected blood on fomites, such as contaminated hypodermic needles and other instruments.

(13) Equine Interstate Passport Document. A document that is accepted by participating states for interstate movement of Equines, which is valid for six (6) months from the date of veterinary exam, or one year after the Official Test Date.

(14) Exposed. Any Equine horse that has been in direct contact with a Rreactor or Ssuspect horse for a period of 24 hours or more.

(15) Horse. Any member of the equine family, including horses, mules, asses, burros, zebras, and other lesser known equidae.

(16) Horse Slaughtering Establishment. A horse slaughtering establishment operating under state or federal inspection.

(15) Negative EIA Verification Card. Card issued by the Department to an Equine on the Negative EIA Verification Card form, FDACS-09206 (Oct 2005), as incorporated in rule, 5C-4.0016, F.A.C., that serves as proof of a negative EIA test within the state of Florida.

(16)(17) 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 VS Form 10-11 (Feb 2018), incorporated in section 5C-4.0016(1) F.A.C., or an electronic EIA Laboratory Test.

(18) Permit for Movement of Restricted Animals VS Form 1-27 (July 2011). Permit incorporated and defined in subsection 5C-3.001(3), F.A.C.

(19)(18) Reactor. Any Equinehorse with a report of a non-negative positive result on an Official EIA Ttest.

(20)(19) Suspect. Any Equinehorse exhibiting clinical signs of EIA but which has not been tested determined by an Official Test since the onset of clinical signs. to have a report of a positive EIA test.

(21)(20) USDA., APHIS. The United States Department of Agriculture., Animal Plant Health Inspection Services.

(21) VS Form 1-27 (Dec 80). An official USDA form issued by a Department representative or an accredited veterinarian for movement of reactor, suspect, or exposed horses. The form 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.

(22) VS Form 10-11 (Apr 90). An official USDA form required for submitting samples and reporting results of EIA tests. The form 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. 20402-9238.

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 EIA Test. The Department will only accept the results determine a report of an EIA test to be negative or positive if the EIA test is only from an Official Ttest that:

(a) Is conducted in an Approved Llaboratory approved by the Director and USDA;

(b) Utilizes a diagnostic product that is licensed by USDA, APHIS, as provided in the Equine Infectious Anemia: Uniform Methods and Rules, January 10, 2007, APHIS 91-55-064 incorporated in paragraph 5C-3.003(3)(a), F.A.C. and has been approved in writing by the Director;

(c) Is collected and submitted by an Aaccredited Vveterinarian or Department Rrepresentative; and

(d) Is submitted with and reported on:

1. An Equine Infectious Anemia Laboratory Test, VS Form 10-11 (Feb 2018)(Apr 90)., with aAll sections and copies, of VS Form 10-11 (Apr 90) must be complete, legible, and accurate with a detailed description of the horse that the test record represents including the following information:

a.1. No change

b2. The name of the Equinehorse;

c. The physical address of where the Equine permanently resides at the time of the EIA test sample was taken;

3. reordered as d. No change.

e4. All other distinctive markings, including markings on the legs and face, color patterns, body brands, tattoos, scars, whorls, and blemishes, and microchip information if available.

2. Other reporting forms approved by another state’s animal health officials and the USDA; or

3. An Electronic EIA Laboratory Test as defined in section 5C-18.001(10), F.A.C.

(2) Rejected Test Report. A report of an EIA test will be rejected if the report:

(a) No change.

(b) Does not have all information completed, including sufficient identification of the Equine horse; or

(c) Is an Equine Infectious Anemia Laboratory Test, VS Form 10-11 (Feb 2018), and iIs 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) is an Electronic EIA Laboratory Test and does not contain three clear, color digital images as required.

(3) Approved Requirements for Laboratory Requirements Approval for EIA Testing.:

(a) Permit Required. Any laboratory which conducts a test for EIA within Florida the state must: have a permit

1. Be issued a Permit for Approved Laboratory for Equine Infectious Anemia Testing, FDACS-09084 Rev. 06/20, issued by from the Department. Permit for Approved Laboratory for Equine Infectious Anemia Testing, FDACS-09084 Rev. 06/20 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx.

2. Complete and submit a Permit Requirements For Private Laboratory to Conduct Equine Infectious Anemia (EIA) Tests, FDACS-09265 Rev. 06/20, issued by the Department. Permit Requirements For Private Laboratory to Conduct Equine Infectious Anemia (EIA) Tests, FDACS-09265. Rev. 06/20 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx.   

(b) Application for Permit.

1. Written Request. A written request for a permit to conduct EIA test(s) must be submitted to the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, 407 South Calhoun Street Post Office Box 6710, Tallahassee, FloridaFL 32399-080032314.

2. Application Fee. A 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 Laboratories.

(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. Laboratory Department Inspection and USDA Approval. A USDA, APHIS Department representative mustwill inspect the laboratory and facility to determine that the laboratory is in compliance with and has the facilities and equipment which are specified in USDA Veterinary Services Memorandum 15201.1 (Apr. 5 2019), and 9 C.F.R. § 75.4(c) (2018). USDA Veterinary Services Memorandum 15201.1 (Apr. 5 2019) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx. 9 C.F.R. § 75.4(c) (2018) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx. 555.8 (1983), which is hereby incorporated by reference. Copies may be obtained from the Division of Animal Industry, Room 335, The Mayo Building, Tallahassee, FL 32399-0800.

2. Certification to Comply. The applicant for the permit must certify in writing 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. 06/20. Agreement to Conduct the Equine Infectious Anemia Agar Gel Immuno-Diffusion Testing & Statement of Certification, FDACS-09130 Rev. 06/20 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx.

3. USDA Approval. The laboratory must meet all requirements of 9 CFR 75.4(c) (1993), which is hereby incorporated by reference, and must be approved by USDA.

3.4. 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)(1993)upon request within 72 hours 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.

5. Prior Approval. Any laboratory which has been approved by USDA prior to adoption of this rule, will be approved by the Department on the date the rule becomes effective.

(d) Issuance of Permit. The Department will issue a permit for the laboratory to conduct EIA tests when the Department has proof that all requirements of paragraphs 5C-18.003(3)(b) and (c), F.A.C. have been completed.

(d)(e) Renewal of Permits.

1. All issued Permits for Approved Laboratory Equine Infectious Anemia Testing, FDACS-09084, Rev. 06/20, permits expire on December 31 of each year.

2. The Aauthorized Llaboratory Rrepresentative 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. A written request for renewal of the permit signed by the authorized laboratory representative;

a.b. Certification of continuous compliance with the requirements in 9 C.F.R. § 75.4 (2018)(1993), Veterinary Services Memorandum 15201.1 (Apr. 5 2019), 555.8 (1983), 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. 06/20 as incorporated in subparagraph 5C-18.003(3)(c)2., F.A.C.; and

b.c. Copies of reports of all inspections of the laboratory facilities conducted during the current certification period;. and

c.d. No change.

(e)(f) Revocation of Permit. The Department will revoke any issued Permit for Approved Laboratory for Equine Infectious Anemia Testing, FDACS-09084, Rev. 06/20 permit to conduct EIA tests for the following reasons:

1. The laboratory does not immediately report a positivenon-negative EIA test to the Department, as required in paragraph 5C-18.004(2)(b), F.A.C. by telephone or telephonic facsimile;

2. The laboratory falsifies a record or a report of an EIA test;. or

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) as incorporated in subparagraph 5C-18.003(3)(c)1. F.A.C. and USDA Veterinary Services Memorandum 555.16 (2011) as 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, VS Forms 10-11 (Feb 2018)(Apr 90) or an Electronic EIA Laboratory Test, which meet the following requirements:

1. All Equine Infectious Anemia Laboratory Test, VS Forms 10-11 (Feb 2018)(Apr 90) and Electronic EIA Laboratory Tests are reviewed by the laboratory staff to ensure assure that they are complete and accurate.

2. Information needed on incomplete Equine Infectious Anemia Laboratory Test, VS Forms 10-11 (Feb 2018)(Apr 90) or an Electronic EIA Laboratory Test must be obtained from the submitting Accredited Vveterinarian before the samples may be tested; and

3. The laboratory must confirm that the veterinarian who signed the Equine Infectious Anemia Laboratory Test, VS Forms 10-11 (Feb 2018)(Apr 90) or Equine Infectious Anemia Laboratory Test, is an 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 2. No change.

3. Name of the Aaccredited Vveterinarian who submitted the sample;

4. through 7. No change.

8. For all non-negative positive tests, the name of the contact person in the Department and the date that the report of the non-negative positive EIA test was made to him/her.

(b) Daily logs for the current year and three preceding years must be available for immediate reference or inspection by a Department Representative or USDA, APHIS representative.representatives of the Department and of USDA.

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, VS Form 10-11 (Feb 2018)(Apr 90), incorporated in subsection 5C-18.001(11), 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) The individual who certifies a report of an EIA test must be the Aauthorized Llaboratory Rrepresentative approved by USDA, APHIS. The certification must be by full signature; initials are not acceptable.

(b) The laboratory will send the Accredited Veterinarian carbon copies of the completed Equine Infectious Anemia Laboratory Test, VS Forms 10-11 (Feb 2018)(Apr 90) or electronically provide the Electronic EIA Laboratory Test to the Accredited Veternarian to the submitting veterinarian; the owner; the USDA, Area Veterinarian-in-Charge; and the Department.

(c) The submitting veterinarian may submit written permission with the sample that the owner may pick up the owner’s original carbon copy of the report of an EIA test or be provided an Electronic EIA Laboratory Test after the laboratory completes the requirements of subsections 5C-18.004(1)(a), (b), (2), F.A.C.

(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 Saples 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 [e-mail].

(2) Non-negative Positive EIA Tests.

(a) All non-negative positive EIA tests must be confirmed by use of the Agar Gel Immuno-Diffusion (AGID) test at the USDA, National Veterinary Services Laboratories.

(b) All reports of non-negative positive EIA tests must be reported provided to the Department by telephone to [phone] or email to [e-mail] telephonic facsimile immediately after completion of the test. If the results were obtained outside of the Department’s normal business hours, they must be reported not later than 9:00 a.m. on the next business day. The following information must be is required with this reported:

1. Through 3. No change.

4. The physical address where the animal is located location of the animal; and

5. The name of the Accredited Vveterinarian who submitted the sample.

(c) Sera from non-negative positive EIA test samples must be retained by the laboratory for two years. The samples must be identified and must be stored in a frozen state.

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-18.006 Identification of Reactors.

Owners of Rreactors horses must present their animals to the Department Rrepresentative when requested, and assist as required, to enable the representative to collect additional samples or to permanently identify the animal.

(1) Determination of Reactor from Test(s).

(a) Six Months of Age or Older. Any Equine horse six months of age or older which has a report of a non-negative positive EIA test is a Rreactor and must be quarantined as provided in Rule 5C-18.007, F.A.C. and must be permanently identified by a Department Rrepresentative as provided in subsection 5C-18.006(2), F.A.C.

(b) Retest of Reactors. The owner of an Equine horse may request a retest of an animal prior to final classification by the Department as a Rreactor. Retests must be:

1. Submitted by an Aaccredited Vveterinarian, to the Bronson Animal Disease Diagnostic Laboratory or the USDA, National Veterinary Services Laboratories, at the owner’s expense, and

2. Completed within 21 calendar days of the date of the initial report of a positive EIA test.

(c) Forfeiture of Retest Option. The owner of the Equine horse will forfeit the option to retest the Equine horse if the above requirements are not fulfilled.

(d) Referee Test. In the event that test results of the initial test and the retest are not the same, a blood sample for a referee test will be collected within 10 days by a Department Rrepresentative and submitted to Bronson Animal Disease Diagnostic Laboratory or the USDA, National Veterinary Services Laboratories. Final classification of the Equine horse will be determined by the Director based on the consensus of the results of the three tests.

(e) Equines Foals Under Six Months of Age. Equines Foals under six months of age, which have a report of a non-negative positive EIA test, will be immediately placed under quarantine. The Equine under six months of age foal must be retested at six months of age or not less than 60 days after weaning, whichever is longer.

1. Samples for retest of Equines under six months of age foals will be collected and submitted by an Aaccredited Vveterinarian at the owner's expense.

2. If the retest is positive, the Equine foal must be permanently identified by a Department Rrepresentative as provided in subsection 5C-18.006(2), F.A.C.

3. If the retest is negative, the Equine foal will be released from quarantine.

(2) Permanent Identification of Reactors. Horses designated as Rreactors, must be permanently identified by visible alpha-numeric freeze brands or other visible body brands as approved by the Director.

(a) The alpha-numeric brand must include the letter ‘A’ preceded by the numeral ‘58’ and followed by a four digit number assigned by the Department to indicate the individual identification of each Rreactor.

(b) through (c) No change.

(3) Isolation of Reactors. Permanently identified Rreactors must be placed in an Aapproved Qquarantine Ppremises as provided in subsection 5C-18.007(5), F.A.C., or disposed of as provided in subsection 5C-18.007(2), F.A.C., or be euthanized and buried, rendered, or burned.

Rulemaking Authority 585.002(4), 585.08(2), 585.671 FS. Law Implemented 585.671, 585.16 FS. History–New 10-15-73, Formerly 5C-18.06, Amended 8-15-94, ________.

 

5C-18.007 Quarantine.

(1) A Department Rrepresentative will quarantine an Equine horse and require it to be isolated from all other an Equine horse if the an Equine horse:

(a) Is designated as a Rreactor,;

(b) Is designated as a Ssuspect, or

(c) Is designated as Exposed Has had direct contact with a reactor or a suspect.

(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. 06/20. Application for Designation As An Equine Infectious Anemia Approved Quaratine Premises, FDACS-09202 Rev. 06/20, is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx.

(3)(2) A Rreactor may not be moved from quarantine except for movement to:

(a) A horse sale approved by the Department to handle reactor horses;

(b) A horse slaughtering establishment;

(c) An approved quarantine assembly point;

(d) A research facility, with approval of the Director,; or to

(a)(e) An Approved Qquarantine Ppremises;. or

(b) A landfill for burial or to a facility for incineration upon verification of death of the Reactor by the Department and the submission of veterinary documentation of euthanasia or a certificate of death of the Reactor to the Department.

(4)(3) A Ssuspect horse may not be released moved from EIA Qquarantine until an Official EIA Test testing determines that the an Equine horse is not a Rreactor or is not affected by the disease.

(a) A negative Official Test A report of a negative EIA test, not less than 6045 days after the onset of clinical signs, will qualify a Ssuspect horse for release from EIA Qquarantine.

(b) If an Official Test report of a negative EIA test is provided while the Ssuspect horse is exhibiting clinical signs of the disease, a retest must be conducted. The retest must be conducted not less than 6030 days after the initial test. If the retest is negative, the an Equine horse will be released from EIA Qquarantine.

(5)(4) An Eexposed horse may not be released removed from EIA Qquarantine until an Official Test testing determines that the Equine horse is not a Rreactor or is not affected by the disease.

(a) A report of a single negative, Official EIA Ttest, conducted not less than 6030 days after the last known exposure, will qualify the Eexposed horse for release from EIA Qquarantine.

(b) If an Eexposed horse is designated as a Rreactor, all the other Exposed horse in the group will remain under EIA Qquarantine and isolation, and must be retested in not less than 6030 days,. after the last known exposure.

(65) Approved Qquarantine Ppremises. Any premises where a Rreactor horse 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 Post Office Box 6710, Tallahassee, Florida FL 32399-080032314.

(b) Fee. Effective July 1, 1999, Aall Aapproved Qquarantine Ppremises must pay an annual fee of $200.00, paid by certified check or money order made payable to the Florida Department of Agriculture and Consumer Services. The annual fee must be received by the anniversary date of the approval of the quarantine premises. If the annual fee has not been processed within 60 days of the approval anniversary date, the facility will no longer be approved and any request will be processed as an initial request, as provided in this section.

(c) Any individual or organization that maintains reactors for research, educational, or therapeutic purpose at an Aapproved Qquarantine Ppremises shall be exempt from payment of the fee.

(d) Requirements for Premises. The minimum requirements for an Aapproved Qquarantine Ppremises are as follows:

1. Premises or designated quarantine area where a Reactor is to be maintained must be located and fenced so that a Rreactor horse remains at least 200 yards from all other Equines horses at all times;

2. The perimeter fence and all entrances into the Approved Quaratine Ppremises or designated quarantine area must have “Quarantine” placards which are at least 10 inches by – 12 inches in size and which are placed where they are clearly visible; and

3. Only Rreactor horse are confined in on the premises designated quarantine area.

(e) Monthly Inspections. A Department Rrepresentative will conduct a monthly inspection of Aapproved Qquarantine Ppremises to ensure that the premises continue to meet all requirements of paragraph 5C-18.007(5)(d)(b), F.A.C., and that quarantined Equines horses have not been removed from the quarantine area.

(f) An Equine horse may not enter or leave an Aapproved Qquarantine Ppremises except when accompanied by a Permit for Movement of Restricted Animals, VS Form 1-27 (July 2011)(Dec 80) incorporated in rule 5C-3.001, F.A.C., issued by a Department Rrepresentative.

(g) The death of any Exposed, Suspect, or Reactor must be reported to the Division within 24 hours by email to [e-mail] or by telephone [phone]. If the death occurs outside business hours, the Division must be notified by email to [e-mail] or by telephone [phone] by 9:00 a.m. the following business day. The death must also be reported within 72 hours by completing  and submitting the form, Certificate of Euthanasia of Equine Infectious Anemia Reactor, FDACS-09022 Rev. 06/20 which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx. The completed Certificate of Euthanasia of Equine Infectious Anemia Reactor, FDACS-09022 Rev. 06/20, must be submitted with a clear photograph of the deceased equine’s EIA freeze brand and reported by mail to Equine Programs Office 407 South Calhoun Street, Tallahassee, Florida 32399-0800, or email to the Equine Programs Manager at [e-mail].

(h)(g) Revocation of Approval of Approved Quarantine Premises.

1. Violation of any provisions of this section will result in revocation of approval to operate such an Approved Quarantine Ppremises and enforcement action may be taken against those persons responsible for such violations if such person remains in violation after having received not less than ten days written notice by the Department of the violation.

2. If any requirements of paragraphs 5C-18.007(5)(b), F.A.C., for Aapproved Qquarantine Ppremises cannot be maintained, the owner(s) of the Equine horse(s) will be allowed 15 days to relocate the Equine horse(s) to an Aapproved Qquarantine Ppremise; to dispose of the Rreactors as provided in subsection 5C-18.007(2), 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 horses imported into Florida the state, or moving within the state, must be accompanied by have an Official Rreport 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 (Feb 2018)(Apr 90), as incorporated in section 5C-4.0016(1) F.A.C.;.

(b) Florida Negative EIA Test Verification Card;

(c) EIA reporting form approved by the USDA and another state’s animal health official; including Electronic EIA Laboratory Test. An Electronic EIA Laboratory Test may be presented on an electronic device if:

1. The electronic reporting form is in the original format and has not been altered;

2. Is of size and image quality to provide a clear, legible document; and

3. The device properly displays all document information.

Foals under 6 months of age, accompanied by their dam who has a VS Form 10-11 (Apr 90) indicating a negative EIA test within the past 12 months are exempted from test requirements.

(2) Negative Official EIA Test for Assembly. Equines Horses which are congregated or commingled at public or private assemblies must be accompanied by have a report of a negative Official EIA Ttest 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 on as described in paragraphs 5C-18.010(1)(a)-(c), F.A.C. VS Form 10-11 (Apr 90).

(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)(e), F.A.C. If this requirement is not met, the Equine must be denied entry into the point of assembly.

(b) The owner, sponsor, or the person designated in charge of a public or private assembly where Equines congregate or are commingled is responsible for ensuring that Equines entering the public or private assembly meet the Official Test requirements of this section.

(3) Negative Official EIA Test for Change of Ownership. All Equines horses, other than those sold for slaughter, must have an Official Rreport of negative Official EIA Ttest conducted within the previous 12 months for change of possession of the Equine by ownership. This includes both public and private sales, trial usage, gifts, and rentals or leases. The Official Ttest 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 photocopeis or facimile will be accepted for change of ownership, except for approved Electronic EIA Laboratory Test documents printed in color on VS Form 10-11 (Apr 90).

(a) For public sale, the report of a negative Official EIA Ttest must be presented upon request to a Department Rrepresentative for inspection and approval prior to the sale. The Department Rrepresentative, upon approval of the Equine horse for sale, will give the negative Official Test report as described in paragraphs 5C-18.010(1)(a) and (c), F.A.C., VS Form 10-11 (Apr 90) to sale management for transfer to the buyer after the sale or for return to the owner if the Equine horse is not sold.

(b) For private sale or other transfer of possession ownership, the negative Official Test report, VS Form 10-11 (Apr 90) must be provided by the owner or owner’s agent to the new owner or custodian at the time of change of location or ownership.

(c) Sale for slaughter. No report of EIA test is required for sale of a horse for slaughter purposes if the horse:

1. Is isolated at all times from horses which are not being sold for slaughter;

2. Is sold after the sale of all horses with a negative EIA test report;

3. Is identified by an “S” freeze brand, not less than two inches in height nor two inches in width, on the left side of the neck; and

4. Is moved within 24 hours after the sale directly to a horse slaughtering establishment, or to an approved quarantine assembly point under VS Form 1-27 (Dec 80).

(d) A horse which has been identified as a reactor may be sold for slaughter at a horse slaughter sale if the horse is:

1. Permanently identified as provided in subsection 5C-18.006(2), F.A.C.;

2. Moved under VS Form 1-27 (Dec 80) directly to a horse slaughter sale;

3. Placed in a quarantine pen which is placarded “Quarantine” and which is at least 200 yards from all other horses;

4. Sold at the end of the sale and is immediately returned to the quarantine pens and remains there until removed from the premises.

5. Moved from an approved horse slaughter sale within 24 hours of sale under VS Form 1-27 (Dec 80) to an approved quarantine assembly point, and then to a horse slaughtering establishment; or, directly to a horse slaughtering establishment.

(4) Negative EIA Test for Breeding Stallions and Mares. All Equines horses used for breeding purposes must have a report of a Nnegative Official EIA Ttest conducted within 12 months prior to breeding. The test must be reported as described in paragraphs 5C-18.010(1)(a)-(c), F.A.C. on VS Form 10-11 (Apr 90).

(5) Equines under 6 months of age are exempt from test requirements of this section when accompanied by their dam if the dam has an Official Test reported as described in paragraph 5C-18.010(1)(a)-(c), F.A.C., indicating a negative EIA test within the past 12 months.

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, ________.

 

5C-18.011 Procedures for Assembly Points, Approved Quarantine Assembly Points, Approved Quarantine Premises, and Horse Slaughter Sales.

Rulemaking Authority 585.002(4), 585.08(2), 585.671 FS. Law Implemented 585.671, 585.14, 585.16, 585.23, 585.18, 585.19 FS. History–New 10-15-73, Formerly 5C-18.11, Amended 8-15-94, 8-3-99, Repealed             .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Michael Short, State Veterinarian, Division Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE:

Commissioner of Agriculture Nicole “Nikki” Fried

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 04/08/2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 04/12/2021