5C-30.001: DEFINITIONS
5C-30.002: PROCEDURES FOR INSPECTION OF ANIMALS TO BE IMPORTED INTO OR MOVED WITHIN THE STATE
5C-30.003: PENALTIES
5C-30.004: INCORPORATED MATERIALS
PURPOSE AND EFFECT: This new rule provides definitions, incorporated materials, procedures for inspection of animals to be imported or moved within the state and to provide for penalties of violations of Title 5C.
SUMMARY: The new rule will provide procedures for quarantine and release of quarantine of animals moved into or within the state and implementation of penalties for violations related to such movements.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will have an impact on small business. A SERC has been prepared by the agency.
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.
SPECIFIC 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.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Dr. William C. Jeter, Chief, Bureau of Animal Disease Control, Division of Animal Industry, Room 332, 407 South Calhoun Street, Tallahassee, FL 32399-0800; Phone: (850)410-0900; Fax: (850)410-0957. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. Thomas J. Holt, State Veterinarian, Director, Division of Animal Industry, Room 330, 407 South Calhoun Street, Tallahassee, FL 32399-0800; Phone: (850)410-0900; Fax: (850)410-0957
THE FULL TEXT OF THE PROPOSED RULE IS:
DIVISION OF ANIMAL INDUSTRY ENFORCEMENT AND PENALTIES
5C-30.001 Definitions.
(1) 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, or 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.
(2) Dangerous Transmissible Diseases. Those animal diseases or pests listed or described in Rule 5C-20.002, F.A.C.
(3) Department Representative. An employee of the state or federal government who has been authorized by the Division to issue a Notice of Quarantine.
(4) Division. The Division of Animal Industry of the Florida Department of Agriculture and Consumer Services.
(5) Quarantine. A strict isolation and restriction of movement of animals infected with, suspected of being infected with, or exposed to dangerous transmissible diseases or other infectious diseases or pests that may be foreign or newly emerging and that may result in significant animal loss, economic damage or are suspected of causing human illness, to a premises or area, to prevent the spread of diseases or pests. The lack of appropriate health documentation as provided in Chapters 5C-3 and 5C-4, F.A.C., and Chapter 585, F.S., is sufficient to determine that there is a risk of disease transmission requiring quarantine.
(a) Animal Quarantine. Quarantine of animals to specified premises.
(b) Area Quarantine. Quarantine of specified geographic areas within the state.
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________.
5C-30.002 Procedures for Inspection of Animals to be Imported into or Moved within the State.
(1) Any person importing animals into the State of Florida or moving animals within the state is subject to inspection by a Department representative to determine whether the animal has the appropriate health documentation as provided in Chapters 5C-3 and 5C-4, F.A.C., and Chapter 585, F.S., shows signs of illness, or is deceased.
(a) Inspections will generally occur at the interdiction stations maintained by the Office of Agricultural Law Enforcement of the Department. This inspection does not replace or limit the ability of the Department to inspect premises or transport vehicles at other locations for violations as provided in Section 570.07(2), F.S.
(b) Any person transporting animals into or within the state shall present the animals for inspection whenever there is a Department interdiction station of the Office of Agricultural Law Enforcement on their route.
(c) At the interdiction stations, a Department representative shall inspect all animals being transported into or within the state. The transporter, owner or operator transporting animals into or within the state is responsible for ensuring that each animal moved into or within the state is accompanied by the appropriate health documentation.
(2) The department may refuse entry into the state or quarantine, any animal that is not accompanied by the appropriate health documentation, any animal showing signs of illness, or dead animals.
(3) Where any health documentation for an animal being transported into or within the state is missing or inadequate, where there are animals showing signs of illnesses, or where there are dead animals, the Department representative shall follow the procedures outlined in Table I, Rule 5C-30.003, F.A.C., in determining the appropriate action for a violation. In addition to refusal of entry or quarantine, the Department may issue Advisory Notices or impose administrative fines in accordance with Table I, Rule 5C-30.003, F.A.C.
(4) Any animal required to be quarantined to destination or to premises of origin shall be maintained in strict isolation, until such time as a Department representative releases the animal from quarantine.
(5) 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.
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________.
5C-30.003 Penalties.
(1) Any person importing animals into or moving animals within the state without the appropriate health documentation as required in Chapters 5C-3 and 5C-4, F.A.C., or animals that show signs of illness or infection, or dead animals, are subject to penalties as prescribed in this section.
(2) The provision of specified penalties in this rule shall not preclude the Department from seeking any legal remedy or injunctive relief available under its authorizing statutes.
(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 Equine Infectious Individually identified – ID
Animal Industry – AI Anemia – EIA
National Poultry Official Certificate
Improvement Plan – NPIP of Veterinary Inspection –
OCVI (valid for 30 days)
Pullorum-Typhoid – PT Test Tuberculosis – 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. *The violator could be charged criminally, to be determined by OALE. |
Refuse entry into state. *The violator could be charged criminally, to be determined by OALE. |
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. |
Quarantine to premises of destination or refuse entry based upon signs presented and/or clinical evaluation. |
Contact Division of Animal Industry. |
|
All Animals |
Movement of animals in violation of quarantine. |
Quarantine back to premises of origin. *The violator could be charged criminally, to be determined by OALE. |
Refuse entry into state. *The violator could be charged criminally, to be determined by OALE. |
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. |
1st Advisory Notice 2nd Advisory Notice 3rd and subsequent violations within 24 months of last violation refuse entry into state. |
|
Cattle and Bison (Bovine) |
No tuberculosis (TB) test, brucellosis test, ID, or invalid OCVI /no OCVI. |
N/A |
Quarantine to destination. |
1st 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. |
1st 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 5C-3.005(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 call a Florida veterinarian, at owner’s expense, to submit EIA test and quarantine to destination. |
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. |
1st 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. |
1st 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. |
1st 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. |
1st 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) Resolution of Violations, Settlement, and Additional Enforcement Remedies – The Department and person charged with a violation may agree to resolve violations prior to an administrative hearing, or enter into settlement pursuant to Section 120.57(4), Florida Statutes. The penalties addressed in this rule shall not be construed to limit the authority of the Department to resolve violations prior to or after initiation of any administrative action or to settle with any party. The Department shall utilize all available remedies to ensure compliance including administrative action, civil actions, settlements, and referrals for criminal prosecution. The Department shall enforce a failure to comply with an agreement to resolve violations or a settlement agreement with the penalties and remedies provided in the agreement and as authorized by Chapter 120 or Chapters 570 and 585, Florida Statutes.
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. New_______.
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 DACS-09030 Rev. 12/09, Notice of Quarantine. A Department representative at a Department interdiction station shall issue DACS-09163 Rev. 12/09, Notice of Quarantine – Interdiction Stations or DACS-09239 Rev. 12/09, Refuse Entry Notice – Interdiction Stations. A Department representative shall post DACS-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 DACS-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 DACS-09238 Rev. 12/09, Advisory Notice – Interdiction Stations.
(3) All of the foregoing forms are hereby incorporated by reference. Samples of the foregoing forms may be viewed or obtained by contacting the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, 407 South Calhoun Street, Room 331, Mayo Building, Tallahassee, Florida 32399-0800 or by visiting: http://www.doacs.state. fl.us/onestop/index.html.
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_______.