Notice of Proposed Rule

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Animal Industry
RULE NO: RULE TITLE
5C-3.001: Definitions
5C-3.002: General Requirements and Limitations
5C-3.003: Equidae
5C-3.004: Cattle
5C-3.005: Goats or Sheep
5C-3.007: Swine
5C-3.009: Dogs or Domestic Cats
5C-3.011: Cervidae
5C-3.012: Domestic Fowl, Poultry, Poultry Products and Ratites
PURPOSE AND EFFECT: The purpose and effect of this rule is to specify, detail and clarify the importation requirements by species for animals and certain animal products into Florida from other states.
SUMMARY: This rule proposes modifications and updates in the general requirements, definitions, and species-specific requirements, tests and documentation by complying with the current national disease status regarding interstate animal transportation, animal movement, and disease control.
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(1), (2)(a), 585.11(1), (4), 585.14, 585.145(1), (2), 585.16, 828.29(1)(a), (2)(a) 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. 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

THE FULL TEXT OF THE PROPOSED RULE IS:

IMPORTATION OF ANIMALS

5C-3.001 Definitions.

For the purpose of this chapter, the definitions in Section 585.01, F.S., and the following shall apply words shall have the meaning indicated:

(1) Accredited Veterinarian. A state licensed veterinarian accredited licensed in the state of origin and approved by the United States Department of Agriculture, Animal and Plant Health Inspection Service (USDA, APHIS) to perform certain functions of federal and cooperative state-federal programs in accordance with the provisions of Title 9 Code of Federal Regulations (9 CFR) §§ 160 – § 162 (2009) (2004).

(2) Administrator. The Administrator of USDA, APHIS or any person authorized to act for the Administrator.

(3) 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, 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. Any equine, bovine, goat, sheep, swine, domestic cat, dog, poultry, ostrich, rhea or emu, or other domesticated beast or bird. The term “animal” shall include wild or game animals whenever necessary to effectively control or eradicate dangerous transmissible diseases or pests.

(4) Approved Livestock All-Class Market. A livestock market approved by the Administrator pursuant to 9 CFR Part (§) 71.20 (2009) (2004), where livestock in interstate movement are assembled for sale purposes breeding, feeding, and slaughter swine are received, handled and released in accordance with Federal interstate regulations and applicable state regulations; and released in accordance with 9 CFR § 71 (2004), § 78 (2004), and § 85 (2004).

(5) Approved Slaughter Market. A livestock market approved by the Administrator pursuant to 9 CFR § 71.20 (2004) where slaughter swine are received, handled and released in accordance with applicable state regulations and 9 CFR § 71 (2004), § 78 (2004), and § 85 (2004).

(5)(6) Authorized Representative. An employee of the state or federal government, or a licensed veterinarian accredited by the USDA, who is authorized to conduct animal disease control and eradication activities.

(6)(7) Avian Influenza (AI) or Exotic Newcastle Disease (END) – Affected State. Any state in which High Path Avian Influenza subtypes H5 or H7 or END virus has been diagnosed in poultry within the last ninety (90) days prior to importation into Florida.

(7) Cervidae Herd Health Plan. A Florida Department of Agriculture and Consumer Services (FDACS) disease surveillance plan for cervids as described in Chapter 5C-26, F.A.C.

(8) Cervids. Any farmed or captive member of the family Cervidae and hybrids, including deer, elk, moose, caribou, reindeer and related species that are raised or maintained in captivity for the production of meat and other agricultural products, for sport, or for exhibition.

(9)(8) Cleaned and Disinfected. Free of organic matter and disinfected in accordance with 9 CFR §§ 71.7 and 71.10 – 71.12 (2009) an approved agent.

(9) Commercial Production Swine. Swine that have been continuously managed with adequate facilities and practices to prevent exposure to either transitional or feral swine and so recognized by state animal health officials.

(10) Department. The Florida Department of Agriculture and Consumer Services.

(11)(10) Division The Division of Animal Industry of the Florida Department of Agriculture and Consumer Services.

(12)(11) Domestic Fowl. Any member of the cClass Aves that is propagated or maintained under control of a person for commercial, exhibition or breeding purposes, or as pets.

(13) Endemic Disease. A disease will be characterized as endemic to a particular locality, region, state, or U.S. possession based on known positive cases, prevalence of disease, presence of competent vectors and/or evidence of natural transmission of the disease such that the disease is maintained in the population without external inputs.

(14) Equine. Any member of the family Equidae, including horses, mules, asses, and zebras.

(15)(12) Feral Swine. Swine that have lived all (wild) or any part (feral) of their lives as are free-roaming.

(16)(13) Import, Imported, Importation. The movement of animals into the state of Florida, from another state, United States (U.S.) possession, or foreign country.

(17)(14) National Poultry Improvement Plan (NPIP). A cooperative state-federal-industry program for prevention and control of certain hatchery-disseminated diseases and for improvement of poultry and poultry products as provided in 9 CFR §§ 145 – (2004) and § 147 (2009) (2004).

(18)(15) 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 issued by an authorized representative, and approved by the chief animal health official of the state of origin.

(19)(16) Official Individual Identification. A unique individual animal identification that is secure, traceable, and capable of carrying unique numbers from a central repository; including, but not limited to:

 (a) Official USDA Eartags. A tamper-resistant/ tamper-evident eartag, approved by USDA, APHIS, capable of providing a unique identification number for each animal, and capable of being recorded in a central repository. Such eartags must conform to one of the number systems identified in 9 CFR §71.1 (2009);

(b) Tattoos and Registered Brands. Ear, tail-web or flank tattoos, breed registration tattoos when accompanied by breed registration papers; or an official breed registration brand when accompanied by a brand registration certificate;

(c) Leg or wing bands for poultry;

(d) Color digital images or notarized color photographs of an equine signed by a state-licensed, USDA-accredited veterinarian; or

(e) Implanted electronic chip with a unique number recognized as International Organization for Standardization (ISO) compliant or that is accompanied by automated reader capable of capturing and recording the unique animal identification number. official USDA ear tags that conform to the alphanumeric National Uniform Eartagging System, flank tattoo, tail web or ear tattoo, or lip tattoo using the National Uniform Tag code number assigned by USDA to the state of origin, or official leg or wing band, or any electronic identification device with a unique number that is recorded in a single central database, or other USDA-approved identification device that conforms to the alphanumeric National Uniform Eartagging System, or biometrics, or the digital image or notarized photograph of the animal signed by the licensed accredited veterinarian or notary public, drawing, or other forms of identification developed through technology in which natural physical marks such as signalments are recorded and/or documented. It may bear the valid premises identification used in conjunction with the producer’s livestock production numbering system to provide a unique identification number. An owner’s private brand or tattoo, even though permanent and registered in the state of origin, is not an acceptable individual animal identification for the purposes of entry into Florida.

(20) Owner-Shipper Statement. Any document signed by the owner-shipper as evidence of ownership or authority for possession of and for the transport of animals.

(21) Permit for Movement of Restricted Animals (VS Form 1-27 (JUN 89). A permit issued by an authorized representative prior to the interstate shipment of animals infected or exposed to dangerous transmissible regulated diseases, which shall include:

(a) The number of animals to be moved;

(b) The purpose for which the animals are to be moved;

(c) The points of origin and destination; and

(d) The consignor and consignee.

(22)(17) Poultry. Chickens, turkeys, quail, pheasants, chukars, peafowl, guineas, ratites and waterfowl. The term also includes other domestic fowl used for commercial, exhibition or breeding purposes or as pets.

(23)(18) Poultry and Eggs for Hatching Purposes. A specific designation of those species of domestic fowl and the qualified eggs produced by these that are eligible for testing and qualification under the supervision of the National Poultry Improvement Plan (NPIP) including, but not limited to, chickens, turkeys, waterfowl, exhibition poultry and game birds. The term also includes other domestic fowl used for commercial, exhibition or breeding purposes or as pets.

(24)(19) Poultry Products. Hatching eggs, chicks, poults, table eggs, litter, and offal, but does not include table eggs and processed poultry meat for human consumption.

(25)(20) Prior Permission Number. Specific permission granted by the State Veterinarian or authorized representative prior to movement of certain animals and poultry into Florida. A Prior Permission Number will be granted when the Division determines that the animal(s) meets the requirements of this chapter. When prior permission is required by this chapter, the prior permission number must be written on the Official Certificate of Veterinary Inspection or Owner-Shipper Statement accompanying the animal(s). Such prior permission may be either written permission or issuance of a permission number requested by telephone or facsimile message. A prior permission number may be obtained by calling or faxing the Division of Animal Industry during normal business hours, phone: (850)410-0900, Fax: (850)410-0946 Prior Permission. Written or verbal authorization by the Division prior to importation into Florida. An authorization number must be obtained and shown on the OCVI accompanying the animal.

(26) Production Swine. Swine that are maintained on a premises for breeding or feeding purposes and which have no direct contact with feral or transitional swine.

(27) Quarantine. Strict isolation imposed by the Department on animals or premises to prevent the spread of diseases or pests.

(28)(21) Recognized Slaughtering Establishment. An animal slaughtering establishment operating under the provisions of the Federal Meat Inspection Act (21 U.S.C. §§ 601-695 (2009) et seq.), or equivalent of the animal’s state of origin state meat inspection program.

(29)(22) Restricted Animals. Animals that are quarantined, infected with, or exposed to any infectious or communicable disease.

(30) Service Animals. Any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability including, but not limited to: guiding individuals with impaired vision, alerting individuals with impaired hearing or intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair or fetching dropped objects.

 (31) State Veterinarian. The Director of the Division of Animal Industry of the Florida Department of Agriculture and Consumer Services.

(23) Specifically Approved Livestock Market. A stockyard, livestock market, buying station, concentration point or any other premises under state or federal veterinary supervision where livestock are assembled for sale or sale purposes and which has been approved by the Administrator as provided in 9 CFR § 71.20 (2004).

(32)(24) Transitional Swine. Swine that have been, or have had the potential to be, exposed to feral swine.

(33)(25) USDA, APHIS. The. United States Department of Agriculture, Animal Plant Health Inspection Services.

(34)(26) Vesicular Stomatitis (VS)-Affected State. Any state in which either of the VS virus serotypes New Jersey or Indiana hasve been diagnosed and has one or more premises currently under state or USDA, APHIS quarantine within the last 60 days prior to importation.

(35) Working Dogs. Any dog in the possession of a federal, military, state or local governmental agency or private organization that is trained for the purpose of human search and rescue, body recovery, arson detection, bomb detection, narcotics detection, food and agricultural product detection, criminal apprehension, police assistance or other related purposes, whether in the performance of such tasks or while traveling to and from such tasks.

(36)(27) Forms and Materials. 9 CFR § 71 (2004), §§ 71.1, 71.7, 71.10-12, 71.20 (2004) § 78 (2004), § 85 (2004), 145 - (2004), § 147 (2004), 160-162 (2009) (2004), and the Federal Meat Inspection Act (21 U.S.C. §§ 601-695 (2009) et seq.) are hereby incorporated by reference. Copies may be obtained from: www.gpoaccess.gov. Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89) may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328 the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

Rulemaking 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), 585.11(1), (4), 585.145(1), (2), 585.16 FS. History–New 6-29-62, Amended 2-5-85, Formerly 5C-3.01, Amended 9-6-89, 3-23-94, 6-4-95, 12-12-04,________.

 

5C-3.002 General Requirements and Limitations.

(1) Official Certificate of Veterinary Inspection (OCVI) Required. Animals imported into Florida the state must be accompanied by an OCVI unless exempted by this rule. The OCVI must be attached to the waybill or be in the possession of the driver of the vehicle or person otherwise in charge of the animals. The OCVI must accompany the animals to their final destinations in Florida.

(a) All Iinformation Rrequired. on Tthe OCVI must be legible and fully completed by the issuing accredited veterinarian and must include the following:

1. The name and address of the consignor;

2. The name and address of the consignee;

3. The point of origin and premises identification number, if assigned by state officials in the animal’s state of origin;

4. The point of destination;

5. The date of examination;

6. The number of animals examined;

7. The official individual identification of each animal, and the name or registered brand or tattoo number;

8. The sex, age, and breed of each identified animal;

9. Test results and herd or state status on certain diseases as specified in this chapter;

10. Prior permission number, if required;

11. A statement by the issuing veterinarian that the animals identified on the OCVI are free of signs of infectious or communicable disease; and

12. For equine Equidae only, the establishment or premises location at which the animal horse was examined, body temperature at examination, and color and markings or digital image.

(b) Division Notification. A copy of the OCVI must be forwarded immediately to the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, 407 S. Calhoun St., Tallahassee, FL 32399-0800.

(c) OCVI Expiration. The OCVI will be void thirty after (30) days from the date of inspection/issuance, with the exception except that OCVIs for equine Equidae may be extended as provided in subsection 5C-3.003(5), F.A.C.

(2) Owner-Shipper Statement Proof of Ownership. Animals which are not required to be accompanied by have an OCVI for importation, as exempted by this chapter, and animals being transported totally within the state must be accompanied by an Owner-Shipper Statement signed by the owner or agent as evidence of ownership or authority for possession of the transported animals. These documents must disclose:

(a) The name and address of the consignor;

(b) The name and address of the consignee;

(c) The point of origin;

(d) The point of destination; and

(e) The number of animals;

(f) A description of the animals sufficient to identify them for any and all purposes, and

(g) A prior permission number, if required.

(3) Prior Permission Number. A prior permission number is required on:

(a) All farmed or captive cervids (deer, elk, etc.);

(b) All hoofed animals from VS-affected states;

 (c) Equine from Contagious Equine Metritis (CEM) affected countries;

(d) Equine consigned directly to a veterinary medical treatment facility for emergency medical care which do not have appropriate documentation for interstate movement;

(e) All poultry and poultry products;

(f) All domestic fowl and poultry and eggs for hatching purposes;

(g) Animals exposed to or infected with a contagious, infectious, communicable or dangerous transmissible disease;

(h) Cattle or bison from states with less than Accredited Tuberculosis-Free or Brucellosis Class-Free status;

(i) All swine; and

(j) Equine imported from U.S. possessions where Equine Piroplasmosis (EP) is endemic.

(4)(3) Restricted Animals. All restricted animals must be accompanied by a Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89) permit, have prior permission number, and the prior permission number must be written on the Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89) for importation into Florida the state or to be transported within Florida the state.

(4) Importation for Slaughter. Animals imported into the state for slaughter must be consigned directly to a recognized slaughtering establishment and must be slaughtered within 10 days after arrival at their destination.

(5) Vesicular Stomatitis.

(a) Certification for Vesicular Stomatitis (VS).

1. All hoofed animals, including horses, ruminants, swine, exotic and wild hoofed animals, originating from non-affected premises or within 10 miles of an affected premises in a VS-affected state must be accompanied by an OCVI, dated within five (5) days of entry or reentry into Florida. The OCVI must be signed by an Accredited Veterinarian. which includes the following statement:

 2. The following statement must be written on the OCVI by the examining Accredited Veterinarian: “All animals susceptible to Vesicular Stomatitis (VS) identified and included in this OCVI for shipment have been examined and found to be free from clinical signs and vectors of VS and have not been in contact with VS-affected animals exposed to VS virus and have not been within ten (10) miles of a VS-affected infected premises within the last thirty (30) days.”

Documentation must also accompany the animals to show that the animals have been tested and found negative to an approved test for VS within the previous (10) days.

(b) Prior Ppermission Number. Animals originating from non-affected premises in a VS-affected state will require a prior permission number. The prior permission number must be written on the OCVI.

(6) Violations. Violators of this rule chapter will be penalized in accordance with Rule 5C-30.003, F.A.C.

Animals entering the state in violation of the provisions of this chapter shall be stopped by an agent, or employee of the Division or by any FDACS law enforcement officer of the state of Florida or any subdivision of the state. Any person, firm, or association having charge, custody, or control of animals imported in violation of this rule will remove the animals from the state as directed by the Division.

Rulemaking Specific Authority 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 570.36(2), 534.081, 585.11(1), (2), 585.145(1), (2), 585.16 FS. History–New 6-29-62, Amended 2-5-85, Formerly 5C-3.02, Amended 9-6-89, 3-23-94, 6-4-95, 12-12-04, ________.

 

5C-3.003 Equine Equidae.

(1) Official Certificate of Veterinary Inspection (OCVI) Required. An OCVI must accompany all equine Equidae imported into Florida the state except the following:

(a) Equine Equidae consigned directly to a veterinary medical treatment facility for emergency medical care and placed under quarantine at the medical facility until treatment is completed it recovers and the equine exits the state; or

(b) Equine Equidae accompanied by an Equine Event Extension document, DACS-09051 Rev. 08/04, Equine Interstate Passport Card, DACS-09207 8/04, or equivalent, from of the animal’s state of origin, signed by the State Veterinarian or chief animal health official as provided in subsection 5C-3.003(5), F.A.C.

(2) Prior Permission Number. A pPrior permission number must be obtained for:

(a) Equine Equidae consigned directly to a veterinary medical treatment facility for emergency medical care which do not have appropriate documentation for interstate movement;

(b) Equine Equidae imported from a state or U.S. possession where Equine Ppiroplasmosis (EP) is endemic; or

(c) Equine Equidae imported into the state from countries where Contagious Equine Metritis (CEM) is endemic, or

(d) Equine imported into Florida from non-affected premises in VS-affected states.

(3) Equine Infectious Anemia (EIA) Test.

(a) All equine Equidae imported into Florida the state must be accompanied by evidence of an official negative EIA serologic test as provided in the Equine Infectious Anemia: Uniform Methods and Rules, January 10, 2007, APHIS 91-55-064, within twelve (12) months prior to importation, except the following:

1. Foals under six months of age accompanied by their dam which has met the EIA test requirements; and

2. Equine Equidae exempted from the OCVI requirement under paragraph 5C-3.003(1)(a), F.A.C.

(b) The EIA test information must be recorded on the OCVI, or Equine Event Extension document, DACS-09051 Rev. 08/04, or Equine Interstate Passport Card, DACS-09207 8/04, or equivalent, from of the animal’s state of origin, approved signed by the State Veterinarian or chief animal health official as provided in subsection 5C-3.003(5), F.A.C., and must include the following:

1. The date the EIA test sample was collected of the test;

2. The result of the test;

3. The name of the testing laboratory; and

4. The laboratory accession number.

(4) Equine Piroplasmosis Test Requirements.

(a) The Commonwealth of Puerto Rico and the Virgin Islands of the United States have been determined to be endemic for Equine Piroplasmosis (EP) and equine moved from these areas to Florida are subject to the requirements of paragraphs 5C-3.003(2)(b) and (4)(b), (c) and (d), F.A.C. Pursuant to Section 585.14, Florida Statutes, the Division of Animal Industry, under the direction of the State Veterinarian, shall publish notice of other localities, regions, states, or U.S. possessions, where Equine Piroplasmosis (EP) is determined to be endemic on its website (www.flanimalindustry.com) and in the Florida Administrative Weekly as necessary.

(b) Official Certificate of Veterinary Inspection (OCVI). Notwithstanding paragraph 5C-3.002(1)(c), F.A.C., for equine from localities, regions, states, or U.S. possessions where Equine Piroplasmosis (EP) is determined to be endemic, the inspection date of the Official Certificate of Veterinary Inspection (OCVI) that must accompany equine imported into or through the State of Florida shall be issued no more than 14 days prior to the entry of the equine into the state. The OCVI must also include the following statement: “All animals identified on this certificate have not been on a premises found positive for Theileria equi or under quarantine within the past 30 days, have been inspected and found free of ticks, and have been thoroughly treated with an approved acaricide labeled for use in equine within 14 days of entry.”

(c) Testing. All equine Equidae imported into Florida from localities, regions, states, or U.S. possessions where Equine Piroplasmosis (EP) is determined to be endemic must be accompanied by evidence of a negative CELISA official test for both Babesia caballi and Theileria equi (Babesia equi), as approved by the USDA performed at the United States Department of Agriculture, Animal and Plant Health Inspection Service, National Veterinary Services Laboratories (USDA-APHIS-NVSL) or other laboratory authorized by the USDA-APHIS-NVSL within 30 days prior to importation. The blood sample for the test must be been taken within 30 days prior to entry into Florida. The result and accession number must be listed on the OCVI.

(d) Tick Vectors. All equine identified on the OCVI as originating from localities, regions, states, or U.S. possessions where Equine Piroplasmosis (EP) is determined to be endemic must be examined for, and found free of, ticks and must be thoroughly treated for ticks with an United States Environmental Protection Agency (EPA) registered acaricide labeled for use in horses.

(e) Exemption. Equine from Florida consigned to localities, regions, states, or U.S. possessions where Equine Piroplasmosis (EP) is determined to be endemic that are returned to Florida within 30 days of the issuance of the Florida OCVI are exempt from the requirements of this rule.

(b) All Equidae meeting the above requirements for importation will be quarantined upon arrival at their destination. The Equidae will remain under quarantine until such time as negative official tests for B. caballi and B. equi are conducted at the owner’s expense not less than 30 days nor more than 60 days after importation. Equidae which test positive for B. caballi or B. equi will remain under quarantine, with all treatment and related costs at the owner’s expense, until:

1. The animal is treated by a Florida licensed and accredited veterinarian and is negative on retesting; or

2. Is returned to the point of origin under VS Form 1-27 (JUN 89); or

3. Is euthanized and disposed of by methods approved by the Division; or

4. Is moved directly to a recognized slaughtering establishment under VS Form 1-27 (JUN 89).

(5) Equine Event Extension document or Equine Interstate Passport Card. Equine Event Extension document, DACS-09051 Rev. 08/04, or Equine Interstate Passport Card, DACS-09207 8/04, or equivalent from the animal’s state of origin, when used in place of an OCVI, must will be issued to certify the existence of an official negative EIA test within the previous twelve (12) months and a valid OCVI Florida Official Equine Certificate of Veterinary Inspection. The Equine Event Extension document, Equine Interstate Passport Card, or equivalent from the animal’s state of origin, This card will be valid for up to six months from date of issuance of the OCVI provided that:

(a) The purpose is solely to allow routine intrastate and interstate movement of equine to attend between Florida and other states that have mutually agreed to recognize such Equine Event Extension, DACS-09051 Rev. 08/04, or Equine Interstate Passport Card, DACS-09207 08/04, or equivalent, to equine events such as horse shows or exhibitions, fairs and meets, races, trail rides, or fox hunts; and. These documents may not be used for movement of equine for breeding purposes or change of ownership.

(b) The Equine Event Extension document or Equine Interstate Passport Card, or equivalent from the animal’s state of origin shall OCVI includes all other information required by subsections 5C-3.002(1) and 5C-3.003(3), F.A.C.; and

(c) The Equine Event Extension document or Equine Interstate Passport Card, or equivalent of the animal’s state of origin new expiration date will not be later than the expiration date of the EIA test or six (6) months from date of issue of the OCVI.; and

 (d) An Equine Event Extension document, DACS-09051 Rev. 08/04, or Equine Interstate Passport Card, DACS-09207 08/04, or equivalent from the animal’s state of origin, does not supersede or replace the requirements of any given event; and

(e) An Equine Event Extension, DACS-09051 Rev. 08/04, or Equine Interstate Passport Card, DACS-09207 08/04, or equivalent will not be issued for an owner, owner’s agent, or horse which has been the subject of cancellation of an Equine Event Extension, DACS-09051 Rev. 08/04, or Equine Interstate Passport Card, DACS-09207 08/04, or equivalent.

(e)(f) An Equine Event Extension document, DACS-09051 Rev. 08/04 or Equine Interstate Passport Card, DACS-09207 08/04 may be applied for by Florida residents and owners of Florida-origin horses, by submitting an Application for Equine Event Extension, DACS-09078 Rev. 10/05 or an Application for Equine Interstate Passport Card, DACS-09219 Rev. 12/09, to the Division of Animal Industry, Florida Department of Agriculture & Consumer Services, 407 S. Calhoun St., Mayo Building, Tallahassee, Florida 32399-0800, Fax: (850)410-0957.; or through the Department’s Licensing, Permits and Registration website: http://www.doacs.state.fl.us/ onestop/forms/09219.pdf.

(6) Brucellosis. Equinedae which are positive to a brucellosis test or which show evidence of “poll evil” or “fistulous withers,” whether draining or not, will not be allowed to enter the state for any purpose.

(7) Forms. Equine Event Extension, DACS-09051 Rev. 08/04, and Equine Interstate Passport Card, DACS-09207 08/04, are hereby incorporated by reference. Copies may be obtained from the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, 407 S. Calhoun St., Tallahassee, FL 32399-0800. USDA, APHIS VS Form 1-27 (JUN 89) is hereby incorporated by reference. Copies may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

(7) Forms and Materials. Application for Equine Event Extension, DACS-09078, Rev. 10/05 and Application for Equine Interstate Passport Card, DACS-09219, Rev. 12/09 are hereby incorporated by reference. Applications may be obtained from the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, 407 South Calhoun Street, Tallahassee, FL 32399-0800, by facsimile requests, Fax: (850)410-0946, or through the Department’s Licensing, Permits and Registration website: http://www. doacs.state.fl.us/onestop/index.html.

The Equine Infectious Anemia: Uniform Methods and Rules, January 10, 2007, APHIS 91-55-064 is hereby incorporated by reference. Copies may be obtained by contacting: www.gpoaccess.gov.

Rulemaking Specific Authority 570.07(23), 585.002(4), 585.08(2) FS. Law Implemented 570.07(15), 570.36(2), 585.08(1), (2)(a), 585.14 585.145(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 Cattle or Bison.

(1) Official Certificate of Veterinary Inspection (OCVI) Required. All cattle or bison imported into Florida must be accompanied by an OCVI except the following:

(a) Steers for feeding purposes;

(b) Spayed heifers;

(c) Cattle or bison consigned directly to specifically approved livestock markets; and

(d) Cattle or bison consigned directly to recognized slaughtering establishments; and

(e) Cattle or bison which are not required to have an OCVI, as exempted by this rule, that are accompanied by an Owner-Shipper Statement as provided in subsection 5C-3.002(2), F.A.C.

(2) Other Requirements and Limitations, General.

(a) Cattle or bison infected with or exposed to tuberculosis or brucellosis or which are positive to an organism detection test for paratuberculosis (Johne’s Disease) may be imported only if consigned directly to a recognized slaughtering establishment. Such animals must be accompanied by a Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89) and must have a prior permission number. The prior permission number must be written on the Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89). Restricted cattle must have prior permission and be accompanied by VS Form 1-27 (JUN 89);

(b) Cattle known to be infected with paratuberculosis (Johne’s Disease) shall not be imported except to a recognized slaughtering establishment or to a specifically approved livestock market for sale to a recognized slaughtering establishment;

(b)(c) Testing Requirements.

1. Tuberculosis Test.

a. Dairy cattle, six (6) months of age or older, which originate from accredited tuberculosis-free herds in tuberculosis-free states or areas, may enter Florida without tuberculosis testing a tuberculosis test is not required for importation provided that the cattle originate from an Accredited Tuberculosis-Free Herd or State. The herd accreditation number and or state or area status and date of last negative herd test within the previous twelve (12) months must be listed on the OCVI.

b. Dairy cattle moved into Florida from adjacent states as part of normal ranching or farm operations between premises under common ownership or management are exempt from the tuberculosis testing requirements of this section if: A negative tuberculosis test is required within 30 days prior to importation for cattle over 6 months of age that originate from a state or herd that is not an Accredited Tuberculosis-Free Herd or State

(i) They are moved from a closed herd or a herd which requires herd additions to be tested for tuberculosis prior to entry into the herd and

(ii) There is no change of ownership of the animals and the movement between premises does not exceed 50 miles.

c. Beef cattle or bison, six (6) months of age or older, which originate from an accredited tuberculosis-free herd or tuberculosis-free state or area may enter Florida without tuberculosis testing. The accredited tuberculosis-free herd number and the date of the last negative herd test within the previous twelve (12) months or the tuberculosis-free state or area status must be written on the OCVI.

d. All other dairy and beef cattle or bison, six (6) months of age or older, which are not otherwise exempt from negative tuberculosis test requirements, must test negative to an official tuberculosis test, as provided in the Bovine Tuberculosis Eradication, Uniform Methods and Rules, Effective January 1, 2005, APHIS 91-45-011, within thirty (30) days prior to entry into Florida. The test date and negative tuberculin test results must be recorded on the OCVI.

e. Rodeo Bulls or Roping Steers.

(i) Rodeo bulls or roping steers, six (6) months of age or older, performing in rodeo events must have a negative test for tuberculosis within twelve (12) months prior to being imported into Florida.

(ii) Rodeo bulls, six (6) months of age or older, imported for purposes other than performing in rodeo events must meet the requirements of subparagraph 5C-3.004(2)(b)1.b. or c., F.A.C. above.

f. All cattle or bison consigned directly to a recognized slaughtering establishment may enter Florida without tuberculosis testing.

2. Brucellosis Test.

a. A brucellosis test is not required for dairy and beef cattle or bison for importation into Florida provided that the animals cattle:

(i) Originate from a Certified Brucellosis-Free Herd or Brucellosis Class-Free State or Area; or

(ii) Originate from a Certified Brucellosis Free Herd. The herd certification number and date of the last negative herd test within the previous twelve (12) months must be listed on the OCVI; or

(iii)(ii) Are official brucellosis calfhood vaccinateds animals under 18 months of age, or are steers or spayed heifers; or

(iv) Are consigned directly to a recognized slaughtering establishment.

b. A negative brucellosis test, as provided in the Brucellosis Eradication: Uniform Methods and Rules, Effective October 1, 2003, APHIS 91-45-013, is required within thirty (30) days prior to importation for dairy and beef cattle or bison not exempted in sub-subparagraph 5C-3.004(2)(b)(c)2.a., F.A.C., and which originate from a state or area not recognized as a Brucellosis Class-Free State or Area under the provisions of 9 CFR § 78 (2004).

c. The herd certification number or state status must be listed on the OCVI.

c.(3) Rodeo Bulls.

(a) Tuberculosis Test. A negative tuberculosis test is required within 12 months prior to importation.

(i)(b) Brucellosis Test. Rodeo bulls performing in rodeo events may be imported without tests provided the bulls are not changing ownership and are under eighteen (18) months of age; or individual bulls are negative to a brucellosis test, as provided in the Brucellosis Eradication: Uniform Methods and Rules, Effective October 1, 2003, APHIS 91-45-013, within twelve (12) months prior to importation.

(ii)(c) Rodeo bulls imported for purposes other than performing in rodeo events must meet the requirements for importation in sub-subparagraphs subsections 5C-3.004(1) and (2)(b)2.a.or b., F.A.C., above.

(3)(4) Prior Permission Number. A pPrior permission number shall be required for all cattle or bison originating from:

(a) Non states with less than Tuberculosis Accredited-Free States or areas, or

(b) Non Brucellosis Class-Free States or areas, or

(c) VS Affected-States classifications.

(4)(5) Forms and Materials. Bovine Tuberculosis Eradication, Uniform Methods and Rules, Effective January 1, 2005, APHIS 91-45-011 and Brucellosis Eradication: Uniform Methods and Rules, Effective October 1, 2003, APHIS 91-45-013, are hereby incorporated by reference. Copies may be obtained from: www.gpoaccess.gov. Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89) may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328. VS Form 1-27 (JUN 89) is and 9 CFR. § 78 (2004) are hereby incorporated by reference. Copies may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

Rulemaking Specific 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 3-22-63, 8-20-64, 9-23-65, 7-25-66, 11-15-67, 3-1-68, 3-12-70, 7-1-70, 9-1-72, 4-5-77, 7-1-79, 7-1-80, 9-30-80, 8-9-81, 9-14-82, 6-26-83, 2-5-85, Formerly 5C-3.04, Amended 9-6-89, 3-23-94, 6-4-95, 12-12-04,________.

 

 5C-3.005 Goats or Sheep.

(1) Official Certificate of Veterinary Inspection (OCVI) Required. All goats or sheep imported into Florida the state, except goats or sheep consigned directly to recognized slaughtering establishments, must be accompanied by an OCVI. The OCVI must include the following:

(a) The official individual identification of each animal must conform to the identification guidelines of as required in 9 CFR § 79.2 (2004) and § 79.3 (2004) and the USDA, APHIS Scrapie Eradication Uniform Methods and Rules, APHIS 91-55-079, June 1, 2005. 91-55-066 October 1, 2003; and Approved methods of identification include:

1. Official USDA-APHIS-VS Scrapie eartags; or

2. Premises identification tattoos (must be legible and contain the flock number and unique animal number. The flock number is assigned by the USDA and is required to be on the OCVI); or

3. Official breed registry tattoos (must be accompanied by either the official breed registration certificate or an OCVI that includes the corresponding official registration number); or

4. Electronic microchip/implant (must be accompanied by owner statement of ID numbers, chip manufacturer, chip reader for verfication of placement and the USDA flock number recorded on the OCVI).

(b) A statement that each goat or sheep, is free of the clinical signs of the diseases: caseous lymphadenitis, contagious ecthyma (Orf), chlamydial keratoconjunctivitis, scabies, scrapie, and contagious footrot.

(2) Prior Permission Number. A prior permission number shall be required for all sheep or goats originating from VS-affected states under state or USDA, APHIS quarantine. The prior permission number must be written on the OCVI.

(3)(2) Immediate Slaughter Goats or Sheep. Slaughter goats or sheep are not required to have an OCVI, as exempted by this rule, but do require:

(a) Owner-Shipper Statement. Evidence of ownership or authority to transport the animals as provided in subsection 5C-3.002(2), F.A.C. Goats or sheep older than 18 months of age must have an official individual identification as required in 9 CFR § 79.2 (2004) and § 79.3 (2004), and the Scrapie Eradication Uniform Methods and Rules, APHIS 91-55-066, October 1, 2003., and

(b) Official Identification. All goats or sheep entering Florida for slaughter purposes must be individually identified in accordance with paragraph 5C-3.005(1)(a), F.A.C. Evidence of ownership or authority to transport the animals as provided in subsection 5C-3.002(2), F.A.C., must accompany the shipment.

(c) The goats or sheep must will be moved directly to a recognized slaughter establishment without stopping or unloading at other livestock facilities en route.

(4) Testing Requirements for Dairy Goats.

(a) Tuberculosis Test. Dairy goats over six (6) months of age or older must originate from an Accredited Tuberculosis-Free Herd, or have had a negative caudal fold tuberculosis test within ninety (90) days prior to importation. If originating from an Accredited Tuberculosis-Free Herd, the herd accreditation number and date of last herd accreditation test within the previous twelve (12) months must be written on the OCVI.

(b) Brucellosis Test. Dairy goats over six (6) months of age or older must originate from a Certified Brucellosis-Free Herd, or have had a negative brucellosis test within ninety (90) days prior to importation. If orginating from a Certified Brucellosis-Free Herd, the herd certification number and date of the last herd certification test within the previous twelve (12) months must be written on the OCVI.

(c) Test Exemptions. There are no tuberculosis or brucellosis test requirements for meat type, companion or pygmy goats.

(5) Materials. 9 CFR § 79.2 (20074), § 79.3 (2004), and Tthe USDA Scrapie Eradication Uniform Methods and Rules, APHIS 91-55-079, June 1, 2005 91-55-066, October 1, 2003 are hereby incorporated by reference. Copies may be obtained from: www.gpoaccess.gov the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

Rulemaking Specific 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–New 6-29-62, Amended 2-5-85, Formerly 5C-3.05, Amended 9-6-89, 3-23-94, 6-4-95, 12-12-04, ________.

 

5C-3.007 Swine.

(1) Official Certificate of Veterinary Inspection (OCVI) Required. All swine imported into Florida the state, except swine consigned directly to a recognized slaughtering establishment or an approved livestock market for sale to slaughter, must be accompanied by an OCVI. Swine exempted from the OCVI requirement must be accompanied by an Owner-Shipper Statement as provided in subsection 5C-3.002(2), F.A.C.

(2) Prior Permission Number. A prior permission number is required on all swine imported into Florida. The prior permission number must be written on the OCVI or Owner-Shipper Statement accompanying the animals. Prior permission is required for all swine imported originating from any state with less than a Validated Brucellosis-Free State, or Pseudorabies Stage IV or V (Pseudorabies-Free) State status or Transitional swine from any state, except swine consigned directly to a recognized slaughtering establishment.

(3) Test Required Breeding, Exhibition and Pet Swine.

(a) Brucellosis Test. Swine imported for breeding, exhibition or pet purposes must:

1. Swine six (6) months of age or older imported into Florida for breeding, exhibition or pet purposes must:

 a.1. 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 § 78.33(b)(2) (2009), conducted within thirty (30) days prior to importation; or

b.2. Be commercial production swine that originate directly from a Validated Brucellosis-Free State; or

c.3. Originate directly from a Validated Brucellosis-Free Herd. The Validated Brucellosis-Free Herd number and the date of the last certification test within the past twelve (12) months expiration or state status must be written listed on the OCVI.

2. Feeder Swine. Swine imported into Florida for feeder purposes must:

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

b. Originate from Validated Brucellosis-Free Herds; or

c. Be production swine that originate and are shipped directly from a farm of origin in a Swine Brucellosis Stage III (Free) State.

(b) Pseudorabies Test. Swine entering the state for breeding, exhibition or pet purposes must:

1. Swine six (6) months of age or older imported into Florida for breeding, exhibition or pet purposes must:

a.1. Originate from a herd not known to be infected with or exposed to pseudorabies and be accompanied by proof of an official negative pseudorabies test, as provided in 9 CFR §§ 85.1 and 85.7(c)(2) (2009), conducted within thirty (30) days prior to importation; or

2. Originate from a Qualified Pseudorabies-Negative (QN) Herd; or

b.3. Be commercial production swine that originate directly from a Pseudorabies Stage IV or V (Pseudorabies-Free) State, or.

c. Originate from a Qualified Pseudorabies-Negative (QN) Feeder Pig Herd.

2.(4) Feeder Swine.

(a) Brucellosis Test. Swine imported into Florida for feeder purposes must: originate from herds not known to be infected with or exposed to brucellosis.

(b) Pseudorabies Tests. Swine imported for feeder purposes must:

a.1. Originate from herds not known to be infected with or exposed to pseudorabies and be accompanied by proof of an official negative pseudorabies test, as provided in 9 CFR § 85.1 (2009), conducted within thirty (30) days prior to importation; or

b.2. Originate from a Qualified Pseudorabies-Negative (QN) Herd; or

c.3. Originate from a Pseudorabies-Monitored Feeder Pig (MFPH) Herd; or

d.4. Be commercial production swine that originate directly from or shipped directly from the farm of origin in a Pseudorabies Stage III, IV, or V (Pseudorabies-Free) State.

3.(5) Immediate Slaughter Swine.

(a) Commercial Production Swine not known to be infected with or exposed to brucellosis or pseudorabies may enter Florida the state without tests, for slaughter purposes, provided they are accompanied by an Owner-Shipper Statement and a prior permission number. The prior permission number must be written on the accompanying document. Such swine must be restrictions provided they are:

a.1. Consigned directly to a recognized an approved slaughtering establishment; or

b.2. Consigned directly to an approved livestock slaughter market or an approved all-class market and then sold directly to another approved slaughter market or to a recognized slaughtering establishment.

4.(b) Feral and tTransitional swine and swine known to be infected with or exposed to pseudorabies or brucellosis must have prior permission and be accompanied by VS Form 1-27 (JUN 89) and may be imported into Florida provided: the swine are consigned directly to a recognized slaughtering establishment.

(c) Evidence of ownership or authority to transport the animals as provided in subsection 5C-3.002(2), F.A.C., must accompany the shipment.

a. They have tested negative for pseudorabies and brucellosis, as provided in 9 CFR §§ 85.1 and 78.33(b)(2) (2009), on two (2) consecutive official tests conducted not less than thirty (30) days apart with the last test being within thirty (30) days of importation;

b. They have a prior permission number; and

c. They are accompanied by an OCVI. The prior permission number must be written on the OCVI.

(4) Materials. 9 CFR §§ 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. Forms. VS Form 1-27 (JUN 89) is hereby incorporated by reference. Copies may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

Rulemaking Specific 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 Dogs or Domestic Cats.

(1) Official Certificate of Veterinary Inspection (OCVI) Required. All dogs or domestic cats imported into Florida this state, except dogs or domestic cats imported for exhibition purposes only and that will remain in the state less than six (6) months and any service animal or working dog, must be accompanied by an OCVI stating that they are:

(a) Free from signs of any infectious or communicable disease;

(b) Did not originate within an area under quarantine for rabies; and

(c) Not known to have a history of exposure to a rabies-infected animal prior to importation.

(2) Dogs or Cats for Sale Requirements for Importation.

(a) Each dog or cat imported into Florida must:

1. Be accompanied by an OCVI, and

2. Meet the minimum standards for vaccinations, tests, and anthelmintic treatments, and be eight (8) weeks of age or older as specified in Section 828.29, F.S.

(b) Evidence of Compliance with Section 828.29, F.S., shall accompany the owner or agent having jurisdiction of such dogs or cats imported into Florida or to which ownership is being transferred.

(3)(2) Rabies Vaccination. Dogs or and domestic cats, including exhibition dogs or cats or service animals and working dogs, three (3) months of age and older transported into Florida the state must have a current rabies vaccination with a USDA-approved rabies vaccine.

(4)(3) Prior Permission Number. Dogs or domestic cats originating from areas under quarantine for rabies must have a prior permission number from the Division as provided in subsection 5C-3.002(3), F.A.C. The prior permission number must be written on the OCVI.

Rulemaking Specific 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, 828.29(1)(a), (2)(a) FS. History–New 6-29-62, Amended 2-5-85, Formerly 5C-3.09, Amended 9-6-89, 3-23-94, 6-4-95, 12-12-04,_________.

 

5C-3.011 Cervids (Farmed or Captive) Cervidae.

(1) Chronic Wasting Disease (CWD) Herd Status. OCVI Required.

(a) All cervidsae imported into Florida must originate from herds that are enrolled in a CWD herd certification program, as provided in 9 CFR § 55, Subpart B (2009), in the state from which the originating herd is located, and the state, except cervidae consigned directly to a recognized slaughtering establishment, must be accompanied by an OCVI. The OCVI must list the official individual identification of each animal, and the date and results of any required test as provided in Rule 5C-26.005, F.A.C.

(b) The originating herd must have participated in the program for the previous five (5) years with no cases of CWD reported.

(2) Official Certificate of Veterinary Inspection (OCVI) Required.

(a) All cervids imported into Florida, except those consigned to a recognized slaughtering establishment, must be accompanied by an OCVI. The OCVI must list the official identification of each animal, the date and negative results for any required tests as provided below, and a prior permission number Prior Permission. All cervidae imported into the state, except cervidae consigned directly to a recognized slaughtering establishment, must have prior permission and meet the requirements of Chapter 5C-26, F.A.C.

(b) All information required on the OCVI shall be fully completed by the issuing accredited veterinarian and shall include:

1. The name, physical address and phone number of the consignor;

2. The name, physical address and phone number of the consignee;

3. The point of origin;

4. The point of destination;

5. The date of examination;

6. The number of animals examined;

7. The official individual identification number of each cervid;

8. The age, sex, and breed of each animal;

9. The test results and CWD herd status for brucellosis and tuberculosis as specified in Rule 5C-26.005, F.A.C.

10. A statement by the issuing accredited veterinarian that the animals identified on the OCVI are free of signs of infectious, communicable or neurologic disease;

11. The phone number of the issuing accredited veterinarian;

12. The purpose for which the animals are being moved;

13. The CWD herd status of the herd of origin; and

14. The prior permission number.

(c) A copy of the OCVI shall be forwarded immediately via facsimile message, Fax: (850)410-0946, to the Florida Department of Agriculture and Consumer Services, Division of Animal Industry, prior to shipment for review and verification that import requirements have been met and issuance of a prior permission number.

(d) The OCVI shall be void thirty (30) days after issuance.

(3) Prior Permission Number.

(a) All cervids imported into Florida, must have a prior permission number. The prior permission number must be written on the OCVI or owner-shipper statement accompanying the animals.

(4) Testing Requirements and Exemptions.

(a) Chronic Wasting Disease Test. There is no test presently required for importation of cervids into Florida. However, the animal(s) imported must meet the requirements of subsection 5C-3.011(1), F.A.C., prior to importation.

(b) Tuberculosis Test.

 1. Cervids from an Accredited Tuberculosis-Free Herd, as provided in 9 CFR § 77.33(f) (2009), are exempt from this test. The herd status must be listed on the accompanying OCVI.

2. Cervids which do not originate from Accredited Tuberculosis-Free Herds and are not known to be affected with or exposed to tuberculosis may be imported into Florida if they are:

a. Under six (6) months of age; or

b. Originate from a herd which has been classified negative to an official tuberculosis test, as provided in 9 CFR § 77.20 (2009), of all eligible animals conducted within the past twelve (12) months, and the animals to be imported are negative to a second official tuberculosis test conducted within ninety (90) days of importation; or

c. The animals to be imported have two (2) consecutive negative official tuberculosis tests, as provided in 9 CFR § 77.20 (2009), conducted not less than ninety (90) days apart, the second test conducted within ninety (90) days prior to importation, with animals isolated from all other members of the herd during the testing period.

d. The official tuberculosis test results and dates of tests must be recorded on the OCVI accompanying the animals.

(c) Brucellosis Test.

1. Cervids originating from a Certified Brucellosis-Free Herd as defined in the USDA, APHIS, Brucellosis in Cervidae: Uniform Methods and Rules, Effective September 30, 2003, APHIS 91-45-16, are exempt from this test. The herd status must be listed on the accompanying OCVI.

2. Cervids which do not originate from Certified Brucellosis-Free Herds and are not known to be affected with or exposed to brucellosis may be imported if they are:

a. Under six (6) months of age; or

b. Sexually intact animals, six (6) months of age or older, and negative to an official brucellosis test, as provided in the Brucellosis in Cervidae: Uniform Methods and Rules, Effective September 30, 2003, APHIS 91-45-16, conducted within ninety (90) days prior to importation. The official brucellosis negative test results must be recorded on the OCVI accompanying the animals.

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

(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.

(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.

(8) Materials. 9 CFR § 55, Subpart B (2009), 9 CFR §§ 77.20 and 77.33(f) (2009), and USDA, APHIS Brucellosis Cervidae, Uniform Methods and Rules APHIS 91-45-16 (September 30, 2003) are hereby incorporated by reference. Copies may be obtained from: www.gpoaccess.gov the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

Rulemaking Specific 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 Domestic Fowl, Poultry, Poultry Products and Ratites.

(1) Official Certificate of Veterinary Inspection (OCVI) Required. All domestic fowl, poultry and eggs for hatching purposes imported into Florida the state, unless exempted by this chapter, must be accompanied by an OCVI. Poultry and hatching eggs classified under provisions of the National Poultry Improvement Plan (NPIP) may substitute Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (AUG 2005 AUG 95), Report of Sales of Hatching Eggs, Chicks and Poults, for the OCVI. Racing pigeons that are transported out of Florida the state for racing purposes in a sealed crate(s) and reenter Florida the state with unbroken seals or poultry consigned directly to a recognized slaughtering establishment are exempt from the OCVI importation requirements.

(2) Prior Permission Number. A pPrior permission number is required on the accompanying documentation for importation of all domestic fowl and poultry and eggs for hatching purposes except:

(a) Poultry consigned directly to a recognized slaughtering establishment;

(b) Individual exotic and pet birds and racing pigeons returning to Florida in unbroken, sealed containers;

(c) Exhibition birds originating in NPIP participating flocks in Florida and are returning to Florida the state.

(3) Pullorum-Typhoid Testing Requirements.

(a) An official negative test for Pullorum-Typhoid, as provided in 9 CFR §§ 147.1-147.5 (2009), is required within thirty (30) days of importation into Florida for poultry or on the flock from which hatching eggs originate that do not meet the requirements in paragraph 5C-3.012(3)(b), F.A.C.

(b) Exemptions to the test requirements. No test is required for the following:

1. Importing poultry or eggs for hatching purposes originating from flocks classified under provisions of the NPIP as U. S. Pullorum-Typhoid Clean, as provided in 9 CFR §§ 145.23(b), 145.33(b), 145.43(b), 145.53(b) and 145.63(b) (2009), or from flocks that have met comparable standards of the poultry disease control authority of the state of origin;

2. Quail, pheasants, pigeons and other birds used strictly for hunting purposes and which are consigned directly to a Florida Fish and Wildlife Conservation Commission-licensed hunting preserve;

3. Racing pigeons entering the state for release for return to state of origin;

3.4. Ratites;

4.5. Waterfowl imported for exhibition purposes;

5.6. Exotic birds or other pet birds and pigeons;

6.7. Exhibition birds originating from NPIP-participating flocks in Florida returning to Florida the state. These birds must be accompanied by proof of a valid NPIP flock testing record for pullorum-typhoid indicating that the flock test, in accordance with a 9 CFR § 145.53(b) (2009), was conducted within the previous twelve (12) months or proof of a valid NPIP participant card current within the past twelve (12) months; or

7. Poultry consigned directly to a recognized slaughtering establishment.

(4) Backyard poultry flocks that are not used for commercial or exhibition purposes, entering the state without prior permission, must be quarantined to their destination until the birds are found to be negative to an official Pullorum-Typhoid test and any other tests required by the State Veterinarian. The tests will be conducted by an authorized representative of the Division.

(4)(5) Importations from an Avian Influenza (AI) or Exotic Newcastle Disease (END)-Affected State.

(a) Quarantine Areas. No domestic fowl, live poultry or poultry products or hatching eggs originating from a quarantine area may enter Florida except for imported birds that have completed USDA quarantine and import test requirements and are approved for entry into Florida by the State Veterinarian.

Approval. All domestic fowl, live poultry or poultry products from an AI- or END-affected state(s) will be considered for approval by the State Veterinarian on a case-by-case basis following a risk assessment.

(b) Non-quarantine Areas.

1. Approval – Domestic fowl, live poultry or poultry products from non-quarantine areas will be considered for approval for shipment into Florida on a case-by-case basis following a risk assessment.

2.(b) Documentation. Poultry or poultry products must originate from a flock that is U.S. Avian Influenza Clean, as provided in 9 CFR §§ 145.23(h), 145.33(l), 145.43(g) and 145.53(e) (2009), NPIP AI Clean and the shipment is accompanied by a Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (AUG 2005 AUG 95), or VS Form 1-27 (JUN 89), or OCVI indicating poultry or poultry product originates from an AI- or END-negative flock, listing the description of birds, test date, test results, and the name of testing laboratory.

3.(c) Prior permission number. All domestic fowl, live poultry or poultry products will require prior permission number which must be written on the accompanying documentation originating from AI- or END-affected states.

(d) Quarantine. All domestic fowl, poultry or poultry products originating from AI- or END-affected states will remain under quarantine at destination for a period of time not less than 14 days and will be subject to inspection by an authorized representative.

(e) Quarantine Area. No domestic fowl, live poultry or poultry products originating from a quarantine area may enter Florida.

(f) Purpose of Movement. No domestic fowl or poultry can enter Florida from an AI- or END-affected state for the purpose of being offered for sale, exchange or exhibition, or any market channel.

(g) Containers for Shipment. Chicks or hatching eggs approved for import into Florida must be transported in new, disposable containers. Chicks may be transported in non-disposable containers if protocol for cleaning and disinfection and reuse is approved by the Division. All shipments will be required to be sealed at origin and seal broken by an authorized representative at destination. A statement verifying these requirements must be included on a VS Form 9-3 AUG 95), VS Form 1-27 (JUN 89), or OCVI. Disposable containers must be properly disposed of at point of destination.

(h) Domestic Fowl, Poultry or Poultry Products Originating from Florida. Domestic fowl, poultry or poultry products originating from Florida that have been transported into an AI- or END-affected state will not return to Florida until the above requirements in subsection 5C-3.0012(5), F.A.C., have been met.

(i) Chicks or Eggs. No chicks or eggs originating from a hatchery that received eggs from a positive AI or END flock within 90 days may enter Florida.

(j) Vehicles. All vehicles associated with transporting domestic fowl, poultry or poultry products from AI- or END-affected states must be clean and disinfected prior to loading poultry or poultry products. In addition, the loaded vehicle shall have tires and undercarriage clean and disinfected after leaving premises and prior to entry into Florida. A statement verifying compliance to the requirement must be included on VS Form 9-3 (AUG 95), VS Form 1-27 (JUN 89), or OCVI or other applicable document. Vehicles will be inspected by FDACS at destination to ensure compliance.

 (k) Restrictions. The restrictions specified in subsection 5C-3.0012(5), F.A.C., will remain in effect for a period of ninety (90) days from last date an AI or END premises was depopulated.

(5) Containers for Shipment. All imported domestic fowl, poultry, and eggs for hatching purposes must be shipped in new or properly cleaned and disinfected reusable containers.

(6) Forms and Materials. 9 CFR §§ 145.23(b), (h), 145.33(b), (l), 145.43(b), (g) 145.53(b), (e), 145.63(b), and 147.1-147.5 (2009), are hereby incorporated by reference. Copies may be obtained from: www.gpoaccess.gov. Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (AUG 2005) may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328. Forms. VS Form 9-3 (JUN 98 AUG 95), Report of Sales of Hatching Eggs, Chicks and Poults, and VS Form 1-27 (JUN 89), are hereby incorporated by reference. Copies may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

Rulemaking Specific 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–New 3-23-94, Amended 12-12-04,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: 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
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles H. Bronson, Commissioner of Agriculture
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 16, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 18, 2009