30974348, 5CER26-4 - Florida Administrative Rules, Law, Code, Register

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Notice: 30974348

Notice of Emergency Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Animal Industry

Overview

RULE:

5CER26-4

Temporary Restrictions on the Importation of Dairy Cattle

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

On June 2, 2026, federal and state veterinary and public health agencies announced the detection of Highly Pathogenic Avian Influenza in dairy cattle herds in Texas and Utah, which join Idaho and California as affected states. These herds all exhibited a similar clinical syndrome, Bovine Associated Influenza A Syndrome (H5N1), a highly contagious disease affecting the health and milk production of dairy cattle. The United States Department of Agriculture (USDA) has also declared Bovine Associated Influenza A Syndrome to be “an additional disease risk to domestic poultry farms—since this [H5N1 virus] genotype can infect both cattle and poultry.” Confirmed cases of H5N1 have also been found in humans since the initial detection of the virus in dairy cattle herds, and stringent biosecurity practices are necessary to limit its spread and impacts. 
The situation surrounding Bovine Associated Influenza A Syndrome is rapidly evolving, and this emergency rule incorporates updated requirements based upon the most current information available. This rule also establishes requirements related to the exhibition of dairy cattle, as these events pose additional challenges related to the prevention of the virus’s spread.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

This rule is fair and justified because it takes only the actions necessary to protect public health, safety, and welfare by preventing the introduction and spread of this dangerous and transmissible disease and its vectors. Highly Pathogenic Avian Influenza has now been detected in dairy cattle herds in Texas and Utah, indicating a recent spread in the disease. Emergency rulemaking to implement protocols based upon the most up-to-date research is the only viable means of ensuring the protection of Florida animals susceptible to this potentially devastating disease.

SUMMARY:

This rule places restrictions upon the importation of cattle to ensure they have not been exposed to a known or suspected case of Bovine Associated Influenza A Syndrome and show no clinical signs of the disease. The requirements in this rule are in addition to the import requirements set forth in Rule Chapter 5C-3, Florida Administrative Code.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Dr. Michael A. Short, State Veterinarian, Director, Division of Animal Industry, Department of Agriculture and Consumer Services, 407 S. Calhoun St., Rm. 330, Mayo Bldg., Tallahassee, FL 32399-0800; (850) 410-0900.

PRINT PUBLISH DATE:

6/4/2026 Vol. 52/108

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=5CER26-4&PDate=6/4/2026&Section=4

REFERENCE MATERIALS:

No reference(s).

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