Fla. Admin. Code R. 5C-3.001

Current through Reg. 50, No. 253; December 31, 2024
Section 5C-3.001 - Definitions

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

(1) Accredited Tuberculosis-Free Herd. A herd designated by the State Animal Health Official that meets the requirements of the Bovine Tuberculosis Eradication Uniform Methods and Rules, APHIS 91-45-011, as incorporated in subsection 5C-3.004(3), F.A.C. Sheep or goats must originate from a herd or flock that meets one of the options set forth in Subparts 3.a.-3.e., of Section 8, Animal Health, Grade "A" Pasteurized Milk Ordinance (2023), which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17207.
(2) Accredited Tuberculosis-Free State or Zone. A state or zone that has met the requirements set forth in the Bovine Tuberculosis Eradication Uniform Methods and Rules, APHIS 91-45-011, as incorporated in subsection 5C-3.004(3), F.A.C., and has been designated by the USDA as a Bovine Tuberculosis Accredited-Free State or Zone.
(3) Accredited Veterinarian. A state licensed veterinarian accredited 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 9 C.F.R. 161.1 (JAN 2024), which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17214.
(4) Administrator. The Administrator of USDA, APHIS or any person authorized to act for the Administrator.
(5) Approved Livestock Facility. A stockyard, livestock market, buying station, concentration point, or any other premises under State or Federal veterinary supervision where Livestock are assembled and that has been approved under 9 C.F.R. §71.20 (2018). 9 C.F.R. §71.20 (2018) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10862.
(6) Approved Tagging Site. A site or location specifically approved by the Department in accordance with Chapter 5C-31, F.A.C., to apply Official Individual Identification to cattle.
(7) Avian Influenza (AI) or Exotic Newcastle Disease (END) - Affected State. Any state in which AI subtypes H5 or H7 or END virus has been diagnosed in poultry within the last ninety (90) days prior to importation into Florida.
(8) Avian Influenza (AI) Approved Test. Antibody or antigen capture methodologies recognized by the National Poultry Improvement Plan (NPIP) and conducted at a laboratory approved to conduct such tests by USDA, APHIS.
(9) Certified Brucellosis-Free State or Area. A state or area that meets the requirements of Brucellosis Eradication: Uniform Methods and Rules, APHIS 91-45-013, as incorporated in subsection 5C-3.004(3), F.A.C.
(10) Certified Brucellosis-Free Herd. A designated herd that meets the requirements of Brucellosis Eradication: Uniform Methods and Rules, APHIS 91-45-013, as incorporated in subsection 5C-3.004(3), F.A.C. Sheep or goats must originate from a herd or flock that meets one of the options set forth in Subparts 3.a.-3.e., of Section 8, Animal Health, Grade "A" Pasteurized Milk Ordinance (2023), which is incorporated by reference in subsection 5C-3.001(1), F.A.C.
(11) Classified Brucellosis-Class A State or Area. A State or area which meets standards for classification as a Class A State or area as specified in Brucellosis Eradication: Uniform Methods and Rules, APHIS 91-45-013, as incorporated in subsection 5C-3.004(3), F.A.C., and is certified as such on initial classification or on reclassification by the State animal health official and the USDA.
(12) Cervidae Herd Health Plan. A Florida Department of Agriculture and Consumer Services (FDACS) disease surveillance plan for Cervids as defined and required in Chapter 5C-26, F.A.C.
(13) 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.
(14) Cleaned and Disinfected. Free of organic matter and disinfected in accordance with 9 C.F.R. §§71.7 and 71.10-71.12 (2018). 9 C.F.R. §§71.7 and 71.10-71.12 (2018) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10863.
(15) Commuter Herd. A herd of cattle moved interstate during the course of normal livestock management operations without a change of ownership or comingling of cattle of different ownership directly between two premises, as provided in a commuter herd agreement. The Commuter Herd participating states are Alabama, Florida, Georgia, and Mississippi.
(16) Competitive Enzyme-linked Immunosorbent Assay (cELISA). A test that uses antibodies and color change to identify and quantify total antibodies in a sample.
(17) Department. The Florida Department of Agriculture and Consumer Services.
(18) Division. The Division of Animal Industry of the Florida Department of Agriculture and Consumer Services.
(19) Domestic Fowl. Any member of the class Aves that is propagated or maintained under control of a person for commercial, exhibition or breeding purposes, or as pets.
(20) Electronic Equine Infectious Anemia (EIA) Form (A.K.A. Coggins Form). An electronic version of a USDA, APHIS and Department approved EIA form which must be complete, legible, and accurate with a detailed description of the equine that the test record represents, including the breed registration number or registry tattoo, when applicable; the name of the equine; the age, breed, sex and color; all other distinctive markings, including markings on the legs and face, color patterns, body brands, scars, whorls and blemishes, and digital images of the Equine. The digital images must consist of three (3) color images to include a full view of both sides of the Equine and the face from above the ears to below the muzzle.
(21) Emergency Management Response Services (EMRS). A USDA, APHIS, web-based application for authorized users in the reporting of routine investigations of foreign animal diseases (FAD), surveillance and control programs, state specific disease outbreaks, and national animal health emergency responses (all-hazards).
(22) Endemic Disease. A disease will be characterized as an Endemic Disease in a particular locality, region, state, or U.S. possession based on known positive cases, prevalence of the 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.
(23) Equine. Any member of the family Equidae, including horses, mules, asses, and zebras.
(24) Equine Event Extension. A document accompanied by the original Official Certificate of Veterinary Inspection (OCVI), valid for six (6) months from the date of issuance, and proof of a negative EIA test within the previous twelve (12) months, is accepted by participating states for interstate movement.
(25) Equine Infectious Anemia (EIA). A viral disease of horses, commonly known as swamp fever, which is infectious and is spread primarily by bloodsucking insects. Transmission can also occur through transfer of infected blood by fomites, such as contaminated hypodermic needles and other instruments.
(26) Exotic (virulent) Newcastle Disease (END) Approved Test. Antigen capture methodologies recognized by the National Animal Health Laboratory Network (NAHLN) and conducted at a laboratory approved to conduct such tests by the USDA, APHIS.
(27) Feeder Swine. A weaned gilt or barrow weighing forty (40) - eighty (80) pounds at six (6) - eight (8) weeks of age that is sold to be finished for slaughter.
(28) Feral Swine. Swine that have lived all (wild) or any part (feral) of their lives as free-roaming. This definition does not include those exotic swine maintained by a zoo or aquarium accredited by the Association of Zoos & Aquariums.
(29) Import, Imported, Importation. The movement of animals into Florida, from another state, United States (U.S.).
(29) Lagomorph. Any member of the taxonomic order Lagomorpha.
(30) 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 C.F.R. §§145-147 (2018). 9 C.F.R. §§145-147 (2018) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10899.
(32) Official Certificate of Veterinary Inspection (OCVI). A legible record or certificate made on an official form approved by the animal's state of origin, issued and signed by a veterinarian licensed and accredited in the animal's state of origin for the purpose of certifying the Official Individual Identification, test requirements, and health status of specific animals for movement, exhibition, and other designated purposes.
(33) Official Individual Identification. A numbering system for the official identification of individual Animals in the United States that provides a national unique identification number for each Animal. Forms of approved Official Individual Identification for species specified in the Code of Federal Regulations (CFR), are as follows:
(a) Cattle and bison, as referenced in 9 C.F.R. § 86.4, (JAN 2024) which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17218.
(b) Equine, as referenced in 9 C.F.R. § 86.4, which is incorporated by reference in paragraph (33)(a) of this rule.
(c) Sheep and goats must conform to the identification guidelines of the USDA, APHIS Scrapie Program Standards Volume 1: National Scrapie Eradication Program, APHIS 91-55-079, April 2019, which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17221. Sheep and goats must also conform to the identification guidelines of USDA, APHIS Scrapie Program Standards Volume 2: Scrapie Free Flock Certification Program (SFCP) May 2016, which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17224.

Approved methods of identification include:

1. Official USDA-APHIS-VS Scrapie eartags;
2. Premises identification tattoos (must be legible and contain the flock number and unique animal number. The flock number is assigned by the USDA, APHIS and is required to be on the OCVI);
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 verification of placement and the USDA flock number recorded on the OCVI) when the breed registry allows for electronic implant identification, as recorded on a registration certificate.
(d) Swine, as referenced in 9 C.F.R. § 71.19, (JAN 2024) which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-17227.
(34) Owner-Shipper Statement. Any document signed by the owner or shipper as evidence of ownership or authority for possession of and for the transport of animals. Information required on the Owner-Shipper Statement is listed in subsection 5C-3.002(2), F.A.C.
(35) Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89). A permit issued by 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, 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.

Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10865.

(36) 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.
(37) Poultry and Eggs for Hatching Purposes. A specific designation of those species of Domestic Fowl and the qualified eggs produced by these fowl that are eligible for testing and qualification under the supervision of the National Poultry Improvement Plan (NPIP). This term is also referred to as Eggs for Hatching Purposes.
(38) Poultry Products. Hatching eggs, chicks, poults, litter, and offal, but not table eggs or processed poultry for human consumption.
(39) Premises. A location where animals are housed or kept.
(40) Premises Identification Number. A nationally unique number assigned by a state, tribal, and/or federal animal health authority to a Premises that is, in the judgment of such state, tribal, and/or federal animal health authority, a geographically distinct location from other Premises.
(41) Prior Permission Number. Specific permission granted by the State Veterinarian or Division 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 OCVI or on the Owner-Shipper Statement accompanying the animal(s). Such prior permission may be either written permission or issuance of a permission number requested by telephone, facsimile message, or email. A Prior Permission Number may be obtained by calling, faxing, or emailing the Division of Animal Industry during normal business hours.

Phone: (850)410-0900

Fax: (850)410-0946

Email: AnimalPermits@FDACS.gov.

(42) Pullorum-Typhoid (PT) Approved Test. Antibody or antigen capture methodologies recognized by the NPIP and conducted at a laboratory approved to conduct such tests by USDA, APHIS. The NPIP number of a registered flock will be recorded on this form titled, Poultry Testing, FDACS-09123, Rev. 09/17. Poultry Testing, FDACS-09123, Rev. 09/17 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10866. The test results of Non-NPIP registered flocks will be documented on Poulty Testing, FDACS-09123, Rev. 09/17.
(43) Quarantine. Strict isolation on animals or premises or other defined geographic areas, to prevent the spread of diseases or pests.
(44) Rabbit Hemorrhagic Disease (RHD). A highly fatal hemorrhagic disease of rabbits and other lagomorphs caused by viruses in the family Caliciviridae, including Rabbit Hemorrhagic Disease Virus and Rabbit Hemorrhagic Disease Virus 2.
(45) Racing Pigeon. Racing Pigeons are homing pigeons used to race. The homing pigeon is a variety of domestic pigeon (Columba livia domestica) derived from the rock pigeon, selectively bred to find its way home over extremely long distances.
(46) Recognized Slaughtering Establishment. An animal slaughtering establishment regulated by the Federal Meat Inspection Act (21 U.S.C. §§601-695), or an equivalent in the animal's state of origin state meat inspection program or those establishments that are exempt from the Federal Meat Inspection Act pursuant to 9 C.F.R. § 303.1(a).
(47) Restricted Animals. Animals that are quarantined, infected with, or exposed to any infectious or communicable disease.
(48) Service Animal. A dog or minature horse as defined and limited in Sections 413.08(2)-(4), F.S.
(49) State Veterinarian. The Director of the Division of Animal Industry of the Florida Department of Agriculture and Consumer Services.
(50) Transitional Swine. Swine that have been, or have potentially been, exposed to Feral Swine.
(51) Triple Trunk Wash (TW) Culture. A direct test designed to detect viable Mycobacterium tuberculosis (Mtb) organisms via culture of material obtained from an elephant trunk wash. The recommended routine Mtb monitoring is an annual triple mycobacterial trunk wash culture. Each testing event should consist of three (3) independent collections on three (3) days within a one (1) week period. It is recommended that food and water be witheld from elephants for two (2) hours before the TW is performed to help minimize the contamination of the TW sample.
(52) Trichomoniasis Approved Test. Testing utilizing polymerase chain reaction (PCR) analysis performed on bovine preputial wash samples submitted by a Category II Accredited Veterinarian to an American Association of Veterinary Laboratory Diagnostics (AAVLD) accredited laboratory in accordance with protocols provided by the laboratory and consistent with national standards.
(53) USDA, APHIS. The United States Department of Agriculture, Animal and Plant Health Inspection Services.
(54) Vesicular Stomatitis (VS)-Affected State. Any state in which either of the VS virus serotypes New Jersey or Indiana have been diagnosed and one or more Premises is currently under state or USDA, APHIS quarantine.
(55) 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.

Fla. Admin. Code Ann. R. 5C-3.001

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), 585.11(1), (4), 585.145(1), (2), 585.16 FS.

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, 5-24-10, 2-19-14, Amended by Florida Register Volume 42, Number 016, January 26, 2016 effective 2/8/2016, Amended by Florida Register Volume 45, Number 152, August 6, 2019 effective 8/19/2019, Amended by Florida Register Volume 47, Number 012, January 20, 2021 effective 1/31/2021, Amended by Florida Register Volume 50, Number 226, November 19, 2024 effective 12/5/2024.

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, 5-24-10, 2-19-14, 2-8-16, 8-19-19, 1-31-21.