The proposed rule is being developed to improve the state’s ability to trace cattle and bison in the event of an animal disease emergency. This rulemaking revises the current rules to provide additional definitions, reporting procedures, and forms ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Animal Industry

RULE NOS.:RULE TITLES:

5C-31.001Definitions

5C-31.003Approved Tagging Site Requirements

5C-31.004USDA Approved Livestock Facilities

5C-31.006Documents Incorporated By Reference

PURPOSE AND EFFECT: The proposed rule is being developed to improve the state’s ability to trace cattle and bison in the event of an animal disease emergency. This rulemaking revises the current rules to provide additional definitions, reporting procedures, and forms to revise the requirements for tagging, with official individual identification, unidentified non-exempt cattle and bison that are purchased at a livestock market. This rule provides greater flexibility to approved livestock facilities, sellers and purchasers of cattle at these facilities in achieving compliance with official identification requirements.

SUMMARY: By providing additional definitions, reporting procedures, and forms to revise the requirements for tagging, with official individual identification, unidentified non-exempt cattle and bison that are purchased at a livestock market, the proposed amendments to Rule Chapter 5C-31, F.A.C., will allow eligible untagged cattle and bison, moving through an approved livestock market, to be tagged by or on behalf of the purchaser.  This will improve the department’s ability to trace cattle and bison in the event of an animal disease emergency.

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 department developed the proposed rule in response to the Florida Livestock Market Association’s request to revise the current rule to require Purchasers of unidentified cattle at livestock markets to be responsible for tagging the cattle due to animal welfare and other concerns.  The current rule requires livestock markets acting as tagging sites to submit a form to the department and the proposed rule revises this form to conform with the revised requirements without imposing any additional costs.  The department estimates that the proposed rule will not substantially increase costs to the industry because the two new forms required by the proposed rule will be used in limited instances when purchasers of unidentified cattle choose to tag their cattle as opposed to requesting that the livestock market tag the cattle for a fee.  One form will be completed by the livestock markets and the other will be completed by the Purchaser of the unidentified cattle.  Both forms must be submitted to the department to ensure tractability of the unidentified cattle.  The remaining revisions in the proposed rules do not impose any new costs to the industry, but the proposed rule does shift a small economic cost from the seller to the purchaser of unidentified cattle at livestock markets.  This cost was considered in the initial rulemaking and was found to be below the economic thresholds.   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: 534.071, 570.07(23), 585.002(4), 585.08(2)(a) FS.

LAW IMPLEMENTED: 570.07(15), 585.08(2)(a), 585.11, 585.145 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE 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:

 

5C-31.001 Definitions.

(1) through (8) No change.

(9) Purchaser. The new owner of the cattle purchased during or as part of an auction or sale at an Approved Livestock Facility.

(10)(9) Recognized Slaughter Establishment. Any slaughter establishment operating under the provisions of the Federal Meat Inspection Act (21 U.S.C. §§ 601 et seq.) as incorporated in subsection 5C-3.001(36), F.A.C., or the state meat inspection act of the state in which the establishment is located.

Rulemaking Authority 534.071, 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 585.08(2)(a), 585.11, 585.145 FS. History‒New 2-19-14, Amended___________.

 

5C-31.003 Approved Tagging Site Requirements.

(1) through (3)(b) No change.

(4) An approved tagging site manager shall:

(a) Maintain records of official individual identification tags applied using the form entitled Record of Official Individual ID Applied to Cattle in Florida, FDACS-09255, Rev. 05/14 03/13, as incorporated in Rule 5C-31.006, F.A.C., unless official individual identification tags are provided by the owner. If official individual identification tags are provided by the owner to be applied at the approved tagging site, then the tagging site manager is not required to maintain records as provided above.

(4)(b) through (4)(d) No change.

Rulemaking Authority 534.071, 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 585.08(2)(a), 585.11, 585.145 FS. History‒New 2-19-14, Amended________.

 

(Substantial rewording of Rule 5C-31.004 follows. See Florida Administrative Code for present text.)

 

5C-31.004 USDA Approved Livestock Facilities.

(1) Unidentified cattle required to be officially identified in accordance with Rule 5C-31.005, F.A.C., and brought to an Approved Livestock Facility (Facility) shall be:

(a) Tagged with Official Individual Identification by the Facility in accordance with subsection (2); or

(b) Tagged with Official Individual Identification by the Facility on behalf of the seller in accordance with Rule 5C-31.003, F.A.C.; or

(c) Placed into designated “slaughter only” sale channels; or

(d) Denied entry to the market.

(2) The Purchaser of unidentified cattle shall ensure that the cattle receive Official Individual Identification by either of the following methods.

(a) Option 1: Subsequent to a request made by the Purchaser, the Approved Livestock Facility shall tag the unidentified cattle with Official Individual Identification prior to the unidentified cattle departing the Approved Livestock Facility if the following conditions are met:

1. The Approved Livestock Facility shall be registered with the department as an Approved Tagging Site in accordance with Rule 5C-31.003, F.A.C.

2. The Approved Livestock Facility shall record the following information using the form entitled Record of Official Individual ID Applied to Cattle in Florida, FDACS-09255, Rev. 05/14, which is incorporated in Rule 5C-31.006, F.A.C.

a. The numbers of the Official Individual Identification tags applied to each of the cattle by the Approved Livestock Facility.

b. The corresponding number of the “back tags” applied by the Approved Livestock Facility to each of the unidentified cattle.

c. The Purchaser’s name and contact information.

d. The Purchaser’s Premises Identification Number.

3. The Approved Livestock Facility shall submit the completed form to the department in accordance with the instructions provided on the form.  The completed form must be received by the department within 7-days of the conclusion of the Approved Livestock Facility’s auction or sale in which the cattle were purchased.

4. The Approved Livestock Facility shall retain the sales transaction information (including the date of sale and the seller’s and Purchaser’s name and contact information) along with a copy of the completed form described above for a minimum of 5-years and make these records available to the department upon request.

(b) Option 2: The Purchaser shall tag the unidentified cattle with Official Individual Identification upon delivery to a premises with a Premises Identification Number if the following conditions are met:

1. The Purchaser shall have registered and obtained a Premises Identification Number for the premises where the unidentified cattle will be delivered.

2. The Purchaser shall provide the Premises Identification Number for the premises where the unidentified cattle will be delivered to the Approved Livestock Facility prior to departing with the unidentified cattle.

3. The Purchaser shall tag the unidentified cattle with Official Individual Identification and record the following information using the form entitled Record of Official Individual Identification Applied by the Purchaser, FDACS-09269, 05/14, which is incorporated in Rule 5C-31.006, F.A.C.,

a. The date of the sale or auction where the unidentified cattle were purchased.

b. The name and location of the Approved Livestock Facility where the unidentified cattle were purchased.

c. The numbers of the unique Official Individual Identification tags applied to each of the cattle.

d. The corresponding number of the “back tags” applied by the Approved Livestock Facility to each of the unidentified cattle.

e. The Purchaser’s name and contact information.

f. The Purchaser’s Premises Identification Number.

g. A certification that the Purchaser has tagged the unidentified cattle in accordance with Rule Chapter 5C-31, F.A.C.

4. The Purchaser shall submit the completed Record of Official Individual Identification Applied by the Purchaser, FDACS-09269, 05/14, to the department in accordance with the instructions provided on the form. The completed form must be received by the department within 7-days of the conclusion of the Approved Livestock Facility’s auction or sale in which the cattle were purchased.

5. The Purchaser shall retain a copy of the completed form described above for a minimum of 5-years and make it available to the department upon request.

6. The Approved Livestock Facility shall record the following information using the form entitled Record of Sale of Unidentified Cattle from an Approved Livestock Facility, FDACS-09270, 05/14, which is incorporated in Rule 5C-31.006, F.A.C.

a. The date of the sale or auction where the unidentified cattle were purchased.

b. The name and location of the Approved Livestock Facility where the unidentified cattle were purchased.

c. The Purchaser’s name and contact information.

d. The Purchaser’s Premises Identification Number.

e. The number of the temporary “back tag” applied by the Facility to each of the unidentified cattle.

7. The Approved Livestock Facility shall submit the completed Record of Sale of Unidentified Cattle from an Approved Livestock Facility, FDACS-09270, 05/14, to the department in accordance with the instructions provided on the form.  The completed form must be received by the department within 24-hours of the conclusion of the Approved Livestock Facility’s auction or sale in which the cattle were purchased.

8. The Approved Livestock Facility shall retain the sales transaction information (including the date of sale and the seller’s and Purchaser’s name and contact information) along with a copy of the completed form described above for a minimum of 5-years and make these records available to the department upon request.

Rulemaking Authority 534.071, 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 585.08(2)(a), 585.11, 585.145 FS. History‒New 2-19-14, Amended_________.

 

5C-31.006 Documents Incorporated By Reference.

The following documents are hereby incorporated by reference. Copies of these documents may be obtained from the Division of Animal Industry, 407 South Calhoun Street, Tallahassee, Florida 32399-0800 or online as indicated.

(1) through (3) No change.

(4) Record of Official Individual Identification ID Applied to Cattle in Florida, FDACS-09255, Rev. 05/14 03/13, http://www.flrules.org/Gateway/reference.asp?No=Ref-04204 http://www.flrules.org/Gateway/reference.asp?No=Ref-03297.

(5) through (6) No change.

(7) Record of Official Individual Identification Applied by the Purchaser, FDACS-09269, 05/14, http://www.flrules.org/Gateway/reference.asp?No=Ref-04205.

(8) Record of Sale of Unidentified Cattle from an Approved Livestock Facility, FDACS-09270, 05/14, http://www.flrules.org/Gateway/reference.asp?No=Ref-04206.

Rulemaking Authority 534.071, 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 585.08(2)(a), 585.11, 585.145 FS. History‒New 2-19-14, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Thomas J. Holt, State Veterinarian/Director, Division of Animal Industry

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 13, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: Vol. 40/70, April 10, 2014

Page 1 of 4