Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 52, December 31, 2009 issue of the Florida Administrative Weekly.

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.

With the exception of added bovine tuberculosis test requirements for dairy cattle, rodeo bulls and roping steers and the Equine Piroplasmosis (EP) requirements on horses imported for endemic areas, there is negligible impact on other animals that are already regulated by the existing rule.

Tuberculosis. In recent years, cases of bovine tuberculosis have increased in a number of states across the U.S. Most of the current increase is associated with Mexican cattle brought into the U.S. for feeding purposes. Mexican-origin tuberculosis found in U.S. cattle have been most often associated with dairy cattle, rodeo bulls and roping steers.

The small businesses impacted by this rule are those dairies and rodeo-type operations that import animals into the state and are considered the greatest risk for disease introduction. The impact on these operations would be the added costs of buying animals already tested and found to be negative in other states prior to importation. We estimate this cost to be $25/head on average with greater cost with fewer animals imported and less with higher numbers imported. No additional work or costs are anticipated for Florida small businesses.

Equine Piroplasmosis (EP). The additional EP test requirement, horse examination, and treatment for ticks required for horses being imported into Florida from EP endemic states, areas, or localities will add minimal cost to Florida small businesses. The majority of the cost will be borne by those residing outside of Florida and most likely will only affect a small percentage of horses in the U. S. For those Florida owners and businesses owning horses being imported into the state, from an area determined to be endemic, the additional costs per horse for testing, veterinary services and tick treatment is less than $100 (estimated at $55-$85/horse). The benefits of ensuring no positive EP horses or competent tick vectors enter Florida far outweigh these added costs. While there will be a few owners that incur some expense, most owner’s costs will be small.

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.

5C-3.001 Definitions.

(1) through (17) No change.

(18) Official Certificate of Veterinary Inspection (OCVI). A legible record or certificate made on an official form from the animal’s state of origin, ~~or from the USDA, or a Division approved electronic format~~ issued and signed by veterinarians licensed and accredited in the animal’s state of orgin for the purpose of certifying the official individual identification, test requirements, and health status of specific animals for movement, exhibition, and other designated purposes.

(19) through 5C-3.002(6) No change.

5C-3.003 Equine.

(1) through (7) No change.

Rulemaking Authority 570.07(23), 585.002(4), 585.08(2) FS. Law Implemented 570.07(15), 570.36(2), 585.002(5), 585.08(1), (2)(a), 585.14 585.145(1), (2), 585.16 FS. History–Amended 11-21-65, 6-26-66, 3-1-72, 10-15-73, 3-17-76, 9-14-82, 2-5-85, Formerly 5C-3.03, Amended 9-6-89, 3-23-94, 6-4-95, 12-12-04,________.

5C-3.004 through 5C-3.007(3)(a)1. No change.

5C-3.007 Swine.

(3)(a)1.a. Originate from herds not known to be infected with or exposed to brucellosis and be accompanied by proof of an official negative brucellosis test, as provided in 9 CFR § 78.1 (2009) and 9 CFR § 78.33(b)(2) (2009), conducted within thirty (30) days prior to importation; or

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

(4) Materials. 9 CFR §§ 78.1, 78.33(b)(2), ~~71.~~85.1 and 85.7(c)(2) (2009), are hereby incorporated by reference. Copies may be obtained from: www.gpoaccess.gov.

Rulemaking Authority 570.07(23), 585.002(4), 585.08(2) FS. Law Implemented 570.07(15), 570.36(2), 585.08(1), (2)(a), 585.145(1), (2), 585.16 FS. History–Amended 3-24-65, 11-7-67, 6-20-68, 1-1-71, 3-1-72, 8-4-77, 2-5-85, 10-23-85, Formerly 5C-3.07, Amended 9-6-89, 3-23-94, 12-12-04,________.

5C-3.009 through 5C-3.010 No change.

5C-3.011 Cervids (Farmed or Captive).

(1) through (4) No change.

(5) Consignee shall possess a valid Florida Fish and Wildlife Conservation Commission (FWCC) Game Farm license (GFL) and meet the requirements of Chapter 379.302, F.S., for operation of private game preserves and farms, unless imported for slaughter.

(5)~~(6)~~ Consignee’s herd shall be registered and comply with requirements of the Florida Department of Agriculture and Consumer Services Cervidae Herd Health Plan as provided in Chapter 5C-26, F.A.C., unless imported for slaughter.

(6)~~(7)~~ Movement to Slaughter. All cervids imported into Florida for immediate slaughter must be consigned to a recognized slaughtering establishment and accompanied by an Owner-Shipper Statement and a prior permission number. The prior permission number must be written on the Owner-Shipper Statement.

(7)~~(8)~~ Materials. 9 CFR § 55, Subpart B (2009), 9 CFR §§ 77.20 and 77.33(f) (2009), and ~~USDA, APHIS~~ APHIS 91-45-16, Brucellosis in Cervidae, Uniform Methods and Rules, Effective (September 30, 2003), are hereby incorporated by reference. Copies may be obtained from: www.gpoaccess.gov.

Rulemaking Authority 570.07(23), 585.002(4), 585.08(2) FS. Law Implemented 570.07(15), 570.36(2), 585.08(1), (2)(a), 585.145(1), (2) FS. History–New 3-23-94, Amended 12-12-04,________.

5C-3.012 No change.