Update to definitions and testing requirements for domestic fowl, poultry, poultry products, and ratites prior to importation into the state. The revisions will clarify requirements and strengthen the State’s animal health protection strategy

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Animal Industry

RULE NOS.: RULE TITLES:

5C-3.001 Definitions

5C-3.012Domestic Fowl, Poultry, Poultry Products and Ratites

PURPOSE AND EFFECT: Update to definitions and testing requirements for domestic fowl, poultry, poultry products, and ratites prior to importation into the state. The revisions will clarify requirements and strengthen the State’s animal health protection strategy

SUMMARY: Additional Avian Influenza and Exotic Newcastle Disease testing requirements for non-National Poultry Improvement Plan (NPIP) flocks is proposed for the importation of domestic fowl, poultry, poultry products or ratites.

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 average yearly importation numbers. Large commercial operations are the vast majority of poultry importation into the state, and those importers are part of the NPIP program and not impacted by this rule change. Approximately 10% of annual imports are from non-NPIP flocks and are a small percentage of total birds imported. The national average cost per test for the proposed rate of testing would not be expected to exceed $200,000 to those impacted by the additional requirements. 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: 570.07(23), 585.002(4), FS.

LAW IMPLEMENTED: 570.07(15), 570.36(2), 585.08(1), (2)(a), 585.145(1), (2), 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. James L. Maxwell, Chief, Bureau of Animal Disease Control, [phone]; Fax: [phone]; [e-mail]; 407 South Calhoun Street M7, Tallahassee, Florida 32399-0800.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

5C-3.001 Definitions.

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

(1) Accredited Veterinarian. A state licensed veterinarian accredited by the United States Department of Agriculture, Animal and Plant Health Inspection Service (USDA, APHIS) to perform certain functions of federal and cooperative state-federal programs in accordance with the provisions of 9 CFR §§ 160-162 (2009).

(2) Administrator. The Administrator of USDA, APHIS or any person authorized to act for the Administrator.

(3) Animal or Domestic Animal. Any animals that are maintained for private use or commercial purposes; including any equine such as horse, mule, ass, burro, zebra; any bovine such as bull, steer, ox, cow, heifer, calf, or bison; any other hoofed animal such as goat, sheep, swine, cervids; any domestic cat, dog, reptile or amphibian; any avian such as ratites, poultry, or other domesticated bird or fowl; or any captive, exotic or non-native animals.

(4) Approved Livestock Market. A livestock market approved by the Administrator pursuant to 9 CFR § 71.20 (2009), where livestock in interstate movement are assembled for sale purposes.

(5) 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.

(6) Avian Influenza (AI) or Exotic Newcastle Disease (END) – Affected State. Any state in which Avian Influenza subtypes H5 or H7 or END virus has been diagnosed in poultry within the last ninety (90) days prior to importation into Florida.

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

(8)(7) Cervidae Herd Health Plan. A Florida Department of Agriculture and Consumer Services (FDACS) disease surveillance plan for cervids as described in Chapter 5C-26, F.A.C.

(9)(8) Cervids. Any farmed or captive member of the family Cervidae and hybrids, including deer, elk, moose, caribou, reindeer and related species that are raised or maintained in captivity for the production of meat and other agricultural products, for sport, or for exhibition.

(10)(9) Cleaned and Disinfected. Free of organic matter and disinfected in accordance with 9 CFR §§ 71.7 and 71.10-71.12 (2009).

(11)(10) Department. The Florida Department of Agriculture and Consumer Services.

(12)(11) Division. The Division of Animal Industry of the Florida Department of Agriculture and Consumer Services.

(13)(12) 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.

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

(15)(13) Endemic Disease. A disease will be characterized as endemic to a particular locality, region, state, or U.S. possession based on known positive cases, prevalence of disease, presence of competent vectors and/or evidence of natural transmission of the disease such that the disease is maintained in the population without external inputs.

(16)(14) Equine. Any member of the family Equidae, including horses, mules, asses, and zebras.

(17) Exotic (virulent) Newcastle Disease (END) Approved Test- antigen capture methodologies recognized by the National Animal Health Laboratory Network (NAHLN) and conducted at a laboratory approved to conduct such tests by the USDA, APHIS.

(18)(15) Feral Swine. Swine that have lived all (wild) or any part (feral) of their lives as free-roaming.

(19)(16) Import, Imported, Importation. The movement of animals into Florida, from another state, United States (U.S.) possession, or foreign country.

(20)(17) National Poultry Improvement Plan (NPIP). A cooperative state-federal-industry program for prevention and control of certain hatchery-disseminated diseases and for improvement of poultry and poultry products as provided in 9 CFR §§ 145-147 (2009).

(21)(18) Official Certificate of Veterinary Inspection (OCVI). A legible record or 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 orgin for the purpose of certifying the official individual identification, test requirements, and health status of specific animals for movement, exhibition, and other designated purposes.

(22)(19) Official Individual Identification. An individual animal identification that uniquely identifies the animal, the owner, the premises where the animal was identified and the state in which the official individual identification was applied; and

(a) For Cattle:

1. Is approved by the United States Department of Agriculture in accordance with 9 C.F.R. § 86.4(a)(1) (2013), as incorporated in Rule 5C-31.005, F.A.C.; or

2. Is submitted to and verified by the Department as meeting the requirements for official individual identification such that state officials can determine the herd in which the animal was officially identified.

(b) For Livestock Other than Cattle:

1. Tattoos and registered brands such as ear, tail-web or flank tattoos, breed registration tattoos when accompanied by breed registration papers; or an official breed registration brand when accompanied by a brand registration certificate;

2. Leg or wing bands for poultry;

3. Color digital images or notarized color photographs of an equine signed by a state-licensed, USDA-accredited veterinarian; or

4. Implanted electronic chip with a unique number recognized as International Organization for Standardization (ISO) compliant or that is accompanied by automated reader capable of capturing and recording the unique animal identification number.

(23)(20) Owner-Shipper Statement. Any document signed by the owner-shipper as evidence of ownership or authority for possession of and for the transport of animals.

(24)(21) Permit for Movement of Restricted Animals (VS Form 1-27 (JUN 89). A permit issued by an authorized representative prior to the interstate shipment of animals infected or exposed to dangerous transmissible regulated diseases, which shall include:

(a) The number of animals to be moved;

(b) The purpose for which the animals are to be moved;

(c) The points of origin and destination; and

(d) The consignor and consignee.

(25)(22) Poultry. Chickens, turkeys, quail, pheasants, chukars, peafowl, guineas, ratites and waterfowl. The term also includes other domestic fowl used for commercial, exhibition or breeding purposes or as pets.

(26)(23) Poultry and Eggs for Hatching Purposes. A specific designation of those species of domestic fowl and the qualified eggs produced by these that are eligible for testing and qualification under the supervision of the National Poultry Improvement Plan (NPIP).

(27)(24) Poultry Products. Hatching eggs, chicks, poults, litter, and offal but does not include table eggs and processed poultry for human consumption.

(28)(25) Prior Permission Number. Specific permission granted by the State Veterinarian or authorized representative prior to movement of certain animals and poultry into Florida. A Prior Permission Number will be granted when the Division determines that the animal(s) meets the requirements of this chapter. When prior permission is required by this chapter, the prior permission number must be written on the Official Certificate of Veterinary Inspection or Owner-Shipper Statement accompanying the animal(s). Such prior permission may be either written permission or issuance of a permission number requested by telephone or facsimile message. A prior permission number may be obtained by calling or faxing the Division of Animal Industry during normal business hours, phone: [phone], Fax: [phone].

(29)(26) Production Swine. Swine that are maintained on a premises for breeding or feeding purposes and which have no direct contact with feral or transitional swine.

(30)(27) Quarantine. Strict isolation imposed by the Department on animals or premises to prevent the spread of diseases or pests.

(31) 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.

(32)(28) Recognized Slaughtering Establishment. An animal slaughtering establishment operating under the provisions of the Federal Meat Inspection Act (21 U.S.C. §§ 601-695 (2009)), or equivalent of the animal’s state of origin state meat inspection program.

(33)(29) Restricted Animals. Animals that are quarantined, infected with, or exposed to any infectious or communicable disease.

(34)(30) Service Animals. Any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability including, but not limited to: guiding individuals with impaired vision, alerting individuals with impaired hearing of intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair or fetching dropped objects.

(35)(31) State Veterinarian. The Director of the Division of Animal Industry of the Florida Department of Agriculture and Consumer Services.

(36)(32) Transitional Swine. Swine that have been, or have had the potential to be, exposed to feral swine.

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

(38)(34) Vesicular Stomatitis (VS)-Affected State. Any state in which either of the VS virus serotypes New Jersey or Indiana has been diagnosed and has one or more premises currently under state or USDA, APHIS quarantine.

(39)(35) Working Dogs. Any dog in the possession of a federal, military, state or local governmental agency or private organization that is trained for the purpose of human search and rescue, body recovery, arson detection, bomb detection, narcotics detection, food and agricultural product detection, criminal apprehension, police assistance or other related purposes, whether in the performance of such tasks or while traveling to and from such tasks.

(40)(36) The following documents are hereby adopted and incorporated by reference. These documents may be obtained by contacting the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, 407 South Calhoun Street, Tallahassee, Florida 32399-0800 and are available online as indicated.

(a) 9 C.F.R. §§ 71.1, 71.7, 71.10-12, 71.20, 145-147, 160-162 (2013),

http://www.flrules.org/Gateway/reference.asp?No=Ref-03314.

(b) Federal Meat Inspection Act (21 U.S.C. §§ 601-695 (2013),

http://www.flrules.org/Gateway/reference.asp?No=Ref-03308.

(c) Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89),

http://www.flrules.org/Gateway/reference.asp?No=Ref-03301.

Rulemaking Authority 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 570.36(2), 585.003, 585.08(2)(a), 585.11(1), (4), 585.145(1), (2), 585.16 FS. History–New 6-29-62, Amended 2-5-85, Formerly 5C-3.01, Amended 9-6-89, 3-23-94, 6-4-95, 12-12-04, 5-24-10, 2-19-14, ___.

 

5C-3.0012 Domestics Fowl, Poultry, Poultry Products, and Ratites

(1) Official Certificate of Veterinary Inspection (OCVI) Required. All domestic fowl, poultry, and eggs for hatching purposes imported into 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 (OCT 2011)(AUG 2005), for the OCVI. Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (OCT 2011) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-05947. Racing pigeons that are transported out of Florida for racing purposes in a sealed crate(s) and reenter Florida with unbroken seals or poultry consigned directly to a recognized slaughtering establishment are exempt from the OCVI importation requirements.

(2) Prior Permission Number. A prior permission number is required on the accompanying documentation for importation of all domestic fowl, and poultry, and eggs for hatching purposes except those listed in (a)-(f), that originate from a state not affected by Exotic New Castle Disease (END) or Avian Influenza (AI):

(a) Poultry consigned directly to a Rrecognized Sslaughtering Eestablishment for slaughter;

(b) Individual exotic and pet birds and racing pigeons returning to Florida in unbroken, sealed containers;

(c) Racing pigeons returning to Florida in unbroken, sealed containers;

(d)(c) Exhibition birds originating in NPIP participating flocks in Florida and returning to Florida.

(e) Those shipments moving through Florida for transhipment outside of the United States and traveling on an international OCVI, consigning the shipment to a foreign country, provided the shipping containers are not opened in Florida.

(f) Hatching eggs or chicks less than 4 days of age originating from NPIP participating flocks accompanied by a Report of Sales of Hatching Eggs, Chicks, and Poults, VS From 9-3 (2011).

(3) Testing Requirements.

(a) Pullorum-Typhoid testing requirement.

1.(a) An official negative test for Pullorum-Typhoid, as provided in 9 CFR §§ 147.1-147.5 (2013)(2009), as adopted in 5C-3.001 F.A.C., is required within thirty (30) days of importation into Florida for poultry or on the flock from which hatching eggs originate. that do not meet the requirements in paragraph 5C-3.012(3)(b), F.A.C. (b) Exemptions to the test requirements. However, no No Pullorum-Typhoid test is required for the following:

a.1. Importing poultry or eggs for hatching purposes originating from flocks classified under provisions of the NPIP as U.S. Pullorum-Typhoid Clean, as provided in 9 CFR §§ 145.23(b), 145.33(b), 145.43(b), 145.53(b) and 145.63(b) (2013)(2009), as adopted in 5C-3.001 F.A.C. or from flocks that have met comparable standards of the poultry disease control authority of the state of origin.

b.2. Quail, pheasants, and other birds used strictly for hunting purposes thatand which are consigned directly to a Florida Fish and Wildlife Conservation Commission licensed hunting preserve;

c.3. Ratites;

d.4. Waterfowl imported for exhibition purposes;

e.5. Exotic birds or other pet birds and pigeons;

f. Racing pigeons.

g.6. Exhibition birds originating from NPIP-participating flocks in Florida returning to Florida. These birds must be accompanied by proof of a valid NPIP flock testing record for pullorum-typhoid indicating that the flock test, in accordance with a 9 CFR § 145.53(b) (2013)(2009), as adopted in 5C-3.001 F.A.C., was conducted within the previous twelve (12) months or proof of a valid NPIP participant card current within the past twelve (12) months; or

h.7. Poultry consigned directly to a Rrecognized Sslaughtering Eestablishment for slaughter.

(b) Avian Influenza (AI) testing requirements.

1. Poultry or poultry products originating from a non-AI affected state.

a. All poultry and poultry products must be accompanied by proof of a negative, approved test for Avian Influenza (AI), and;

b. Entry into Florida must be within twenty-one (21) days of the Avian Influenza (AI) sample being taken; and

c. If a flock with greater than thirty (30) birds is to be imported, 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 imported, then all birds must be tested.

2. Exemptions to the AI testing requirements for poultry and poultry products originating from a non-AI affected state. No AI test is required for the following:

a. Poultry or poultry products originating from flocks classified as US Avian Influenza Clean, as provided in 9 CFR §§ 145.23(h), 145.33(l), 145.43(g), 145.53(e), and 145.63(b) (2013), as adopted in 5C-3.001 F.A.C., in non-AI affected states.

b. Ratites;

c. Exotic birds;

d. Racing pigeons.

3. Proof of negative Avian Influenza (AI) testing and the Department issued prior permission number, unless exempted from prior permission number requirement in accordance with 5C-3.012(2), must be documented on the Report of Sales of Hatching Eggs, Chicks, Poults, VS Form 9-3 (OCT 2011), or OCVI listing the description of birds, test date, test results, and the name of the laboratory.

4. Poultry products originating from an Avian Influenza (AI) affected state.

a. From a Quarantine or Control Area as defined by originating state. No domestic fowl, live poultry or poultry products or hatching eggs originating from a Quarantine or Control Area in an Avian Influenza (AI) affected state may enter Florida except for imported birds that have completed all USDA and originating state requirements to move from a Quarantine or Control Area and have completed Florida import requirements as described in Sections (1)-(3) of this rule. The Department shall verify USDA requirements have been met through the Emergency Management Response System (EMRS)  prior to permitting for entry into Florida by the State Veterinarian’s Office.

b. Non-Quarantine or Control Areas as defined by originating state. All poultry and poultry product;

(i) Must be accompanied by proof of a negative, approved test for Avian Influenza (AI).

(ii) Entry into Florida must be within seven (7) days of the Avian Influenza (AI) sample being taken.

(iii) If a flock with greater than thirty (30) birds is to be imported, then no less than thirty (30) samples per flock must be taken with at least ten (10) samples taken per house; or

(iv) If a flock of less than thirty (30) birds is to be imported, then all birds must be tested.

5. The following poultry and poultry products originating from a non-quarantined area in an AI affected state are exempt form the AI testing requirements described in 4.b.:

a. Poultry or poultry products, originating from flocks classified as US Avian Influenza Clean, as provided in 9 CFR §§ 145.23(h), 145.33(l), 145.43(g), 145.53(e), and 145.63(b) (2013), as adopted in 5C-3.001 F.A.C., in AI affected states.

b. Ratites;

c. Exotic birds;

d. Racing pigeons.

6. Proof of negative Avian Influenza (AI) testing and a Department issued prior permission number must be documented on the Report of Sales of Hatching Eggs, Chicks, Poults, VS Form 9-3 (OCT 2011), or OCVI listing the description of birds, test date, test results, and the name of the laboratory.

(c)(4) Importations from an Avian Influenza (AI) or Exotic Newcastle Disease (END) testing requirements.-Affected State. Exotic Newcastle Disease (END) testing requirements apply to only those shipments of poultry or poultry products originating from an END affected state.

1.(a) Quarantine or Control Areas. No domestic fowl, live poultry or poultry products or hatching eggs originating from a Qquarantine or Control Aarea may enter Florida except for imported birds that have completed all USDA and originating state requirements to move from a Qquarantine or Control Area, have completed Florida and import test requirements as described I Sections (1)-(3) of this rule and are permitted approved for entry into Florida by the State Veterinarian’s Veterinarian Office.

2.(b) Non-Qquarantine or Control Areas.

a. All poultry and poultry products must be accompanied by proof of a negative, approved test for Exotic Newcastle Disease (END).

b. Entry into Florida must be within seven (7) days of the Exotic Newcastle Disease (END) sample being taken.

c. If a flock with greater than thirty (30) birds is to be imported, 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 flocks of with less than thirty (30) birds is to be imported, then all birds must be tested.

1. Approval – Domestic fowl, live poultry or poultry products from non-quarantine areas will be considered for approval for shipment into Florida on a case-by-case basis following a risk assessment.

3.2. Documentation. Poultry or poultry products must originate from a flock that is U.S. Avian Influenza Clean, as provided in 9 CFR §§ 145.23(h), 145.33(l), 145.43(g) and 145.53(e) (2009), and the shipment is be accompanied by a Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (OCT 2011)(AUG 2005), or OCVI indicating poultry or poultry product originates from an AI  or END-negative flock, listing the Department issued prior permission number, description of birds, test date, test results, and the name of testing laboratory.

3. Prior permission number. All domestic fowl, live poultry or poultry products will require prior permission number which must be written on the accompanying documentation.

(4)(5) Containers for Shipment. All imported domestic fowl, poultry, and eggs for hatching purposes must be shipped in new or properly cleaned and disinfected reusable containers.

(6) Forms and Materials. 9 CFR §§ 145.23(b), (h), 145.33(b), (l), 145.43(b), (g), 145.53(b), (e), 145.63(b), and 147.1-147.5 (2009), are hereby incorporated by reference. Copies may be obtained from: www.gpoaccess.gov. Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (AUG 2005) may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

Rulemaking Authority 570.07(23), 585.002(4), 585.08(2) FS. Law Implemented 570.07(15), 570.36(2), 585.08(1), (2)(a), 585.145(1), (2), 585.16 FS. History–New 3-23-94, Amended 12-12-04, 5-24-10,      .

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 10/15/15

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 9/11/15