The proposed rule will clarify definitions. Update and incorporate forms by rule. Update and clarify the requirements, exemptions and limitations for Intrastate Movement of Domestic Fowl. To protect against and prevent the spread of disease.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Animal Industry

RULE NOS.:RULE TITLES:

5C-16.001Definitions

5C-16.021Intrastate Movement of Domestic Fowl

PURPOSE AND EFFECT: The proposed rule will clarify definitions. Update and incorporate forms by rule. Update and clarify the requirements, exemptions and limitations for Intrastate Movement of Domestic Fowl. To protect against and prevent the spread of disease.

SUMMARY: To clarify definitions, update forms, requirements, exemptions and limitations to Intrastate Movement of Domestic Fowl.

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 updating the rule to clarify definitions and updating the requirements, exemptions and limitations of Intrastate Movement of Domestic Fowl.

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: 570.07(23), 585.002(4), 585.08(2), FS.

LAW IMPLEMENTED: 585.007, 585.08(2)(a), 585.11(1), 585.145, 585.16, 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]; [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5C-16.001 Purpose.

For the purpose of this rule chapter, the definitions in Sections 585.001 and 585.01, F.S., and the following shall apply:

(1) Avian Influenza ‒ aAn infectious disease of wild birds and domestic Ppoultry caused by a viruses in the family Orthomyxoviridae, genus Influenza virus A.

(2) Avian Influenza Approved Test ‒ antibody or antigen capture methodologies recognized by NPIP and conducted at a laboratory approved to conduct such tests by USDA, APHIS.

(3) Control Area ‒ a limited movement area established by the Division of Animal Industry that is at least ten (10) km (~6.21 miles) beyond the perimeter of a Highly Pathogenic Avian Influenza infected premises.

(4) Domestic Fowl ‒ 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.

(5) Emergency Management Response System Services (EMRS) ‒ aA USDA, APHIS, web-based application for authorized users in the reporting of routine investigations of foreign animal diseases (FADS), surveillance and control programs, state specific disease outbreaks, and national animal health emergency responses (all-hazards).

(6) Highly Pathogenic Avian Influenza ‒ an Aavian Iinfluenza virus of H5 or H7 subtype that has an intravenous pathogenicity index in six (6) week old chickens greater than or equal to one point two (1.2) or causes greater than seventy-five (75) percent mortality in four (4) to eight (8) week old chickens infected intravenously.

(7) National Poultry Improvement Plan (NPIP) ‒ a cooperative state-federal-industry program for prevention and control of certain hatchery-disseminated diseases and for improvement of Ppoultry and Ppoultry Pproducts as provided in 9 CFR §§145-147 (20182013) as adopted in Rule 5C-3.001, F.A.C.

(8) Official Certificate of Veterinary Inspection (OCVI) ‒ a legible record of certificate made on an official form from the animal’s state of origin, issued and signed by veterinarians licensed and accredited in the animal’s state of origin for the purpose of certifying the official individual identifications, test requirements, and health status of specific animals for movement, exhibition, and other designated purposes.

(9) Poultry ‒ chicken, turkeys, quail, pheasants, chukars, peafowl, guineas, ratites, and waterfowl. The term also includes other Ddomestic Ffowl used for commercial, exhibition, or breeding purposes, or as pets.

(10) Poultry Products ‒ hatching eggs, breeder flocks for imported hatching eggs, chicks, or poults less than four (4) days old, chicks, poults, litter, and offal but does not include table eggs and processed Ppoultry for human consumption.

(11) Racing Pigeon ‒ racing pigeons are homing pigeons used to race. The homing pigeon is a variety of domestic pigeon (Columba livia domestica) derived from the rock pigeon, selectively bred to find its way home over extremely long distances.

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

Rulemaking Authority 570.07(23), 585.002(4), 585.08(2) FS. Law Implemented 585.08, 585.11(1), 585.145, 585.16 FS. History–New 1-1-67, Formerly 5C-16.01, Amended 7-3-95, 9-21-16,           .

 

5C-16.021 Intrastate Movement of Domestic Fowl.

(1) If state or federal animal health officials suspect or positively identify Highly Pathogenic Avian Influenza in Ddomestic Ffowl within the states of Alabama, Georgia, Mississippi, or Florida, then all Ddomestic Ffowl moving within Florida must meet the following requirements:

(a) Official Certificate of Veterinary Inspection (OCVI) required. All Ddomestic Ffowl, Ppoultry, and eggs for hatching purposes moving within Florida, unless exempted by this rule, must be accompanied by an OCVI. Poultry and hatching eggs classified under provisions of the National Poultry Improvement Plan (NPIP) may substitute Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (FEB 2016 OCT 2011), as adopted in Rule 5C-3.012, F.A.C., for the OCVI. To apply for participation in the NPIP program the applicant must submit a completed National Poultry Improvement Plan Agreement, Subpart E, FDACS-09166 form Rev. 02/19 to the department. National Poultry Improvement Plan Agreement, Subpart E, FDACS-09166 Rev. 02/19 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx. If AI clean status is requested, then a Request and Agreement for Testing of Poultry for Avian Influenza and Exotic Newcastle Disease, FDACS 09176 Rev. 03/19. Must also be submitted to the Department. Request and Agreement for Testing of Poultry for Avian Influenza and Exotic Newcastle Disease, FDACS 09176 Rev. 03/19 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx.

The following are exempt from the OCVI requirement:

1. Racing Pigeons that are transported out of Florida for racing purposes in a sealed crates(s) whichand reenter Florida with unbroken seals.

2. Poultry consigned directly to a recognized slaughtering establishment.

(b) Avian Influenza Testing Requirements.

1. Poultry originating from a Non-Quarantine or Control Area:

a. All Ppoultry and Ppoultry Pproducts must be accompanied by proof of a negative approved test for Avian Influenza Approved Test (AI); and,

b. Poultry must be tested no more than seven (7) days prior to movement; and,

c. If a flock with greater than thirty (30) birds is to be moved within Florida, then no less than thirty (30) samples per flock must be taken with at least ten (10) samples taken per house, or

d. If a flock of less than thirty (30) birds is to be moved within Florida, then all birds must be tested.

2. Exemptions. No Avian Influenza test is required for the following:

a. Ppoultry or Ppoultry Pproducts originating from flocks classified as US Avian Influenza Clean, as provided in 9 CFR §§145.23(h), 145.33(i), 145.43(g), 145.53(e), and 145.63(b) (20182013), as adopted in Rule 5C-3.001, F.A.C.;

b. Ratites;

c. Exotic birds;

d. Racing Ppigeons.

3. Proof of negative Avian Influenza (AI) testing must be documented on the Report of Sales of Hatching Eggs, Chicks, Poults, VS Form 9-3 (FEB 2016 OCT 2011), as adopted in Rule 5C-3.012, F.A.C., or the OCVI listing the description of birds, test date, test results, and the name of the laboratory.

4. Poultry originating from a Quarantine or Control Area.

a. No Domestic Fowl, live Poultry, or Poultry Products originating from an Avian Influenza Quarantine or Control Area within in Florida moving within the state may not move within or out of the Quarantine or Control Area except Domestic Fowl, Poultry or Poultry Products that have completed all USDA, APHIS requirements. listed in the USDA FAD Prep Manual for Highly Pathogenic Influenza Response Plan (05/17). The Department shall verify these requirements have been met through the Emergency Management Response System (EMRS) prior to permitting  movement out of the Quarantine or Control Area. USDA FAD Prep Manual for Highly Pathogenic Influenza Response Plan (05/17) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxx.

b. A movement permit number generated by the Emergency Management Response System (EMRS) must accompany the shipment and be recordered on either the OCVI or the Report of Sales of Hatching Eggs, Chicks, Poults, VS Form 9-3 (FEB 2016 OCT 2011).

(2) The Department shall publish a notice in the Florida Administrative Register and shall notify industry associations of the immediate implementation of the requirements in subsection 5C-16.021(1) F.A.C.

(3) Failure to comply with the requirements of subsection 5C-16.021(1) F.A.C. will result in the penalties as provided in Rule 5C-30.003, F.A.C.

Rulemaking Authority 570.07(23), 585.002(4), 585.08(2) FS. Law Implemented 585.007, 585.08(2)(a), 585.11(1), 585.145, 585.16 FS. History–New 9-21-16,            .

 

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

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture, Nicole “Nikki” Fried

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 04/25/2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 05/01/2019