28612689, 5CER24-8 - Florida Administrative Rules, Law, Code, Register

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Notice: 28612689

Notice of Emergency Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Animal Industry

Overview

RULE:

5CER24-8

Temporary Restrictions on the Importation of Dairy Cattle

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

On March 25, 2024, federal and state veterinary and public health agencies announced the detection of Highly Pathogenic Avian Influenza in dairy cattle herds in Texas and Kansas. Subsequently, dairy herds in Idaho, Michigan, New Mexico, North Carolina, Ohio, South Dakota, Colorado, Iowa, Oklahoma, Wyoming, and Minnesota have been confirmed to have the virus. These herds all exhibited a similar clinical syndrome, Bovine Associated Influenza A Syndrome (H5N1), an emerging and 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.

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.
On April 29, 2024, the Federal Order Requiring Testing for and Reporting of Highly Pathogenic Avian Influenza (HPAI) in Livestock (Federal Order) issued by the USDA’s Animal and Plant Health Inspection Service (APHIS) went into effect. Since the issuance of the Federal Order, APHIS has updated testing requirements for specified dairy cattle moving interstate. 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 adopts updated federal requirements and 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:

8/5/2024 Vol. 50/152

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=5CER24-8&PDate=8/5/2024&Section=4

REFERENCE MATERIALS:

No reference(s).

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