The purpose of the rule is to include penalties for violation of Rule 5C-31, Cattle Identification.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Animal Industry

RULE CHAPTER NO:RULE CHAPTER TITLE:

5C-30Enforcement and Penalties

RULE NOS:RULE TITLES:

5C-30.003Penalties

5C-30.004Incorporated Materials

PURPOSE AND EFFECT: The purpose of the rule is to include penalties for violation of Chapter 5C-31, F.A.C., Cattle Identification.

SUMMARY: This rule will provide penalties related to Chapter 5C-31, F.A.C., Cattle Identification.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS (SERC) AND LEGISLATIVE RATIFICATION: The Agency has determined that this rule 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 penalties being an immeasurable quantity dependent on the violation and whether it is the first, second, third or an infinite-numbered infraction of the rule. With the buy-in by industry of the rule and the penalties as exhibited in statewide workshops during rule development, it will be the exceptional errant large business/producer that will garner fines and at that would still not begin to meet minimum financial SERC requirement standards. Additionally, no interested party submitted additional information regarding the economic impact.

Any person who wishes to provide information regarding the statement of estimated regulatory costs or to 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, 585.007(1), 585.08(2)(a), 585.145(1), (2), 585.16, 585.23, 585.40 FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Mr. Stephen Monroe, Division of Animal Industry, 407 South Calhoun Street, Tallahassee, Florida 32399-0800, phone: [phone], fax: [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

CHAPTER 5C-30 ENFORCEMENT AND PENALTIES

 

5C-30.003 Penalties.

(1) through (2) No change.

(3) The penalties for failure to comply with the health standards for importation or intrastate movement of animals are as provided in Table #1.

 

TABLE #1

Decision and Penalty Matrix for Division of Animal Industry Movement Violations

Division of Animal Industry – AI                         Equine Infectious Anemia – EIA                                      Individually Identified – ID

National Poultry Improvement Plan – NPIPOfficial Certificate of Veterinary Inspection – OCVI (valid for 30 days)

Pullorum-Typhoid – PT TestTuberculosis – TB

 

SPECIES	VIOLATION	INTRASTATE (Within State)	INTERSTATE (Import into State)	ADMINISTRATIVE ACTION*
All Animals	Use of forged, altered or counterfeited document.	Quarantine back to premises of origin.	Refuse entry into state.	1st $500 2nd $2,500 3rd $5,000 4th and subsequent violations within 24 months of last violation – $10,000.
All Animals	Animals showing signs of illness or dead animals.	Contact Division of Animal Industry.	Refuse entry for dead animals . All other animals showing signs of illness, contact the Division of Animal Industry.	Contact Division of Animal Industry.
All Animals	Movement of animals in violation of quarantine.	Quarantine back to premises of origin.	Refuse entry into state.	1st $500 2nd $2,500 3rd $5,000 4th and subsequent violations within 24 months of last violation – $10,000.
All Animals (Except poultry and deer-see below).	No prior permission number.	N/A	Allow entry into state. Division of Animal Industry will contact issuing veterinarian.	1 st Advisory Notice 2nd Advisory Notice 3rd and subsequent violations within 24 months of last violation – refuse entry into state.
Cattle (Unidentified)	Failure by an Approved Livestock Facility accepting cattle to: (1) tag as an approved tagging site on behalf of the consignor/owner, or (2) place into designated “slaughter only” sale channels, or (3) deny entry to the market.	Administrative Fine	Administrative Fine	1st $25 per animal violation. 2nd $50 per animal violation 3rd 100 per animal violation
Cattle (Identification)	Failure to have official individual identification.   Failure to prevent commingling with cattle under separate ownership.	Quarantine to origin or destination until animals are officially identified.	Quarantine to origin or destination until animals are officially identified.	1st Quarantine 2nd Quarantine and $25 per animal violation 3rd Quarantine and $50 per animal violation
Cattle and Bison (Bovine)	No tuberculosis (TB) test, brucellosis test, ID, or invalid OCVI /no OCVI.	N/A	Quarantine to destination.	1 st Quarantine 2nd Quarantine 3rd and subsequent violations within 24 months of last violation – refuse entry into state.
Deer (Cervidae)	No OCVI or prior permission.	Quarantine back to premises of origin.	Refuse entry into state.	Intrastate Movement Quarantine back to premises of origin.   Interstate Movement-Refuse entry into state.
Goats and Sheep (Caprine and Ovine)	No ID (USDA scrapie tags-required unless consigned to a USDA-approved livestock market).	Quarantine back to premises of origin.	Refuse entry into state.	Intrastate Quarantine back to premises of origin.   Interstate Refuse entry into state.
Goats and Sheep (Caprine and Ovine)	No OCVI/invalid OCVI, TB test, or brucellosis test.	N/A	Quarantine to destination.	1 st Quarantine 2nd Quarantine 3rd and subsequent violations within 24 months of last violation – refuse entry into state.
Goats and Sheep (Caprine and Ovine)	No veterinary disease-free statement as required in paragraph 5C-3.005(1)(b), F.A.C.	N/A	Advisory notice.	Advisory notice.
Horses (Equine)	No EIA test, outdated EIA test, EIA not accurate/legible, or EIA does not match horse.	Quarantine back to premises of origin.	Refuse entry into state if consigned to a show, sale or exhibition.   All other shipments-refuse entry into state; or at owner’s request and expense, call a Florida accredited veterinarian to test for EIA, and quarantine to destination pending outcome of the test.	Intrastate: Quarantine back to premises of origin.   Interstate: Refuse entry or quarantine to destination with pending EIA test.
Horses (Equine)	No OCVI, invalid OCVI, or OCVI does not match the horse.	N/A	Call a Florida veterinarian to issue OCVI, at owner’s expense, and allow entry. If no veterinarian is available, then quarantine to destination.	1 st Quarantine 2nd Quarantine 3rd and subsequent violations within 24 months of last violation – refuse entry into state.
Horses (Equine)	No equine piroplasmosis (EP) test or treatment if from endemic area.	Quarantine back to premises of origin.	Refuse entry into state.	Refuse entry.
Horses (Equine)	No temperature reading on OCVI.	N/A	Allow entry into state and issue an advisory notice.	Advisory notice.
Pigs (Swine/Porcine)	No pseudorabies test, brucellosis test, no ID, or OCVI/invalid OCVI.	N/A	Quarantine to destination.	1 st Quarantine 2nd Quarantine 3rd and subsequent violations within 24 months of last violation – refuse entry into state.
Poultry (Avian)	No OCVI/invalid OCVI, PT test, or NPIP/VS 9-3.	N/A	Refuse entry into state.	Refuse entry into state.
Poultry (Avian)	No prior permission number with VS 9-3.	N/A	Allow entry and issue an advisory notice.	1 st Advisory notice. 2nd Advisory notice. 3rd and subsequent violations within 24 months of last violation – refuse entry into state.
Poultry (Avian)	No prior permission number with OCVI.	N/A	Allow entry to a single destination and quarantine.	1 st Quarantine 2nd Quarantine 3rd and subsequent violations within 24 months of last violation – refuse entry into state.

*The penalties in Table #1 are listed in the order that they will apply with each succeeding violation.

(4) No change.

Rulemaking Authority 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 570.36(2), 585.003, 585.007(1), 585.08(2)(a), 585.145(1), (2), 585.16, 585.23, 585.40 FS. History–New 5-24-10, Amended _________.

 

5C-30.004 Incorporated Materials.

(1) For purposes of Sections 585.08 and 585.145, F.S., and pursuant to this rule, a Department representative who is not at a department interdiction station and who executes a Notice of Quarantine shall utilize form FDACS-09030 Rev. 12/09, Notice of Quarantine. A Department representative at a Department interdiction station shall issue FDACS-09163 Rev. 12/09, Notice of Quarantine – Interdiction Stations or FDACS-09239 Rev. 12/09, Refuse Entry Notice – Interdiction Stations. A Department representative shall post FDACS-09090 Rev. 12/09, Quarantine Sign, at the location of the animal quarantine. This sign shall not be removed by anyone other than a Department representative. When the Department determines that the threat of disease ceases to exist and/or animal health requirements have been met, a Department representative will provide notification that the quarantine has been released and is no longer in effect by issuing FDACS-09028 Rev. 12/09, Release of Quarantine.

(2) When an Advisory Notice is prescribed by rule for a particular violation, a Department representative shall issue FDACS-09238 Rev. 12/09, Advisory Notice – Interdiction Stations.

(3) USDA APHIS Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89) and USDA APHIS Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (OCT 2011) (AUG 2005) may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

(4) The following documents All of the foregoing forms are hereby incorporated by reference. Copies of  these documents Samples of the foregoing forms may be viewed or obtained from  by contacting the Florida Department of Agriculture and Consumer Services, the Division of Animal Industry, 407 South Calhoun Street, Room 331, Mayo Building, Tallahassee, Florida 32399-0800 or online as indicated by visiting http://www.doacs.state.fl.us/onestop/index.html.

(a) Release of Quarantine, FDACS-09028, Rev. 12/09, http://www.flrules.org/Gateway/reference.asp?No=Ref-03307.

(b) Notice of Quarantine, FDACS-09030, Rev. 12/09, http://www.flrules.org/Gateway/reference.asp?No=Ref-03306.

(c) Quarantine Sign, FDACS-09090, Rev. 12/09, http://www.flrules.org/Gateway/reference.asp?No=Ref-03305.

(d) Notice of Quarantine – Interdiction Stations, FDACS-09163, Rev. 12/09, http://www.flrules.org/Gateway/reference.asp?No=Ref-03304.

(e) Advisory Notice – Interdiction Stations, FDACS-09238, Rev. 12/09, http://www.flrules.org/Gateway/reference.asp?No=Ref-03303.

(f) Refuse Entry Notice – Interdiction Stations, FDACS-09239, Rev. 12/09, http://www.flrules.org/Gateway/reference.asp?No=Ref-03302.

(g) USDA APHIS Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89), http://www.flrules.org/Gateway/reference.asp?No=Ref-03301.

(h) USDA APHIS Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (OCT 2011), http://www.flrules.org/Gateway/reference.asp?No=Ref-03300.

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), 585.145(1), (2), 585.16, 585.23, 585.40 FS. History–New 5-24-10, Amended________.

 

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: October 31, 2013

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