The proposed rule will provide consistency for definition of "official individual identification" within 5C-3.001, F.A.C. and 9 C.F.R. § 86.4(a)(1) (2013).

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Animal Industry

RULE NO.:RULE TITLE:

5C-3.001Definitions

PURPOSE AND EFFECT: The proposed rule will provide consistency for definition of "official individual identification" within Rule 5C-3.001, F.A.C. and 9 C.F.R. § 86.4(a)(1) (2013).

SUMMARY: This rule redefines "official individual identification" for the purpose of importation of cattle and compliance with new federal requirements.

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: This rule revision only mirrors definitions with Rule 5C-4.0015, Chapter 5C-31, F.A.C. and 9 CFR 86.4(a)(1) (2013). Therefore, Rule 5C-3.001, F.A.C., has no 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), 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.

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: Mr. Stephen Monroe, Division of Animal Industry, 407 S. Calhoun St., Tallahassee, FL 32399-0800, phone: [phone], fax: [phone]

 

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) through (18) No change.

(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 unique individual animal identification including:

(a) For Cattle: Official USDA Eartags. A tamper-resistant/tamper-evident eartag, approved by USDA, 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 number systems identified in 9 CFR §71.1 (2009);

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; 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: Tattoos and Registered Brands. 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;

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.(c) Leg or wing bands for poultry;

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

4.(e) 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.

(20) through (35) No change.

(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.

Forms and Materials. 9 CFR §§ 71.1, 71.7, 71.10-12, 71.20, 145-147, 160-162 (2009), the Federal Meat Inspection Act (21 U.S.C. §§ 601-695 (2009)) are hereby incorporated by reference. Copies may be obtained from: www.gpoaccess.gov. Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89) 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)(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,                                          .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Thomas J. Holt, State Veterinarian, Director, Division of Animal Industry, Florida Department of Agriculture and Consumer Services, 407 South Calhoun Street, Tallahassee, Florida 32399-0800, Phone: [phone], Fax: [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam, Plaza Level 10, The Capitol, 400 South Monroe Street, Tallahassee, FL 32399-0800, [phone]

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 23, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 15, 2013