Full Title Name:  West’s Florida Administrative Code. Title 5. Department of Agriculture and Consumer Services. Subtitle 5C. Division of Animal Industry. Chapter 5C-30. Enforcement and Penalties

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Country of Origin:  United States Agency Citation:  Fla. Admin. Code r. 5C-30.001 - 004 Agency Origin:  Department of Agriculture and Consumer Services Last Checked:  May, 2015 Alternate Citation:  Rule 5C-30.001 - 004, F.A.C. Date Adopted:  2010 Last Date Amended:  2014
Summary:

This set of statutes establishes the procedures for the inspection and quarantine of imported animals and sets penalties for violations of the state's animal import laws.

5C-30.001. Definitions.

5C-30.002. Procedures for Inspection of Animals to be Imported into or Moved Within the State.

5C-30.003. Penalties.

5C-30.004. Incorporated Materials.

 

5C-30.001. Definitions.

(1) Animal or Domestic Animal. Any animals that are maintained for private use or commercial purposes; including any equine such as horse, mule, ass, burro, zebra; any bovine such as bull, steer, ox, cow, heifer, calf, or bison; any other hoofed animal such as goat, sheep, swine, or cervids; any domestic cat, dog, reptile or amphibian; any avian such as ratites, poultry, or other domesticated bird or fowl; or any captive, exotic or non-native animals.

(2) Dangerous Transmissible Diseases. Those animal diseases or pests listed or described in Rule 5C-20.002, F.A.C.

(3) Department Representative. An employee of the state or federal government who has been authorized by the Division to issue a Notice of Quarantine.

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

(5) Quarantine. A strict isolation and restriction of movement of animals infected with, suspected of being infected with, or exposed to dangerous transmissible diseases or other infectious diseases or pests that may be foreign or newly emerging and that may result in significant animal loss, economic damage or are suspected of causing human illness, to a premises or area, to prevent the spread of diseases or pests. The lack of appropriate health documentation as provided in Chapters 5C-3 and 5C-4, F.A.C. and Section 585.145, F.S., is sufficient to determine that there is a risk of disease transmission requiring quarantine.

(a) Animal Quarantine. Quarantine of animals to specified premises.

(b) Area Quarantine. Quarantine of specified geographic areas within the state.

Adopted May 24, 2010.

Authority: 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 570.36(2), 585.003, 585.08(2)(a), 585.145(1), (2), 585.16, 585.23, 585.40 FS. History-New 5-24-10.

 

5C-30.002. Procedures for Inspection of Animals to be Imported into or Moved Within the State.

(1) Any person importing animals into the State of Florida or moving animals within the state is subject to inspection by a Department representative to determine whether the animal has the appropriate health documentation as provided in Chapters 5C-3 and 5C-4, F.A.C. and Section 585.145, F.S., shows signs of illness, or is deceased.

(a) Inspections will generally occur at the interdiction stations maintained by the Office of Agricultural Law Enforcement of the Department. This inspection does not replace or limit the ability of the Department to inspect premises or transport vehicles at other locations for violations as provided in Section 570.07(2), F.S.

(b) Any person transporting animals into or within the state shall present the animals for inspection whenever there is a Department interdiction station of the Office of Agricultural Law Enforcement on their route.

(c) At the interdiction stations, a Department representative shall inspect all animals being transported into or within the state. The transporter, owner or operator transporting animals into or within the state is responsible for ensuring that each animal moved into or within the state is accompanied by the appropriate health documentation.

(2) The department may refuse entry into the state or quarantine, any animal that is not accompanied by the appropriate health documentation, any animal showing signs of illness, or dead animals.

(3) Where any health documentation for an animal being transported into or within the state is missing or inadequate, where there are animals showing signs of illnesses, or where there are dead animals, the Department representative shall follow the procedures outlined in Table I, 5C-30.003, F.A.C., in determining the appropriate action for a violation. In addition to refusal of entry or quarantine, the Department may issue Advisory Notices or impose administrative fines in accordance with Table I, 5C-30.003, F.A.C.

(4) Any animal required to be quarantined to destination or to premises of origin shall be maintained in strict isolation, until such time as a Department representative releases the animal from quarantine.

(5) When the Department determines that the threat of disease ceases to exist and/or animal health requirements have been met, a Department representative will provide notification that the quarantine has been released and is no longer in effect.

Adopted May 24, 2010.

Authority: 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 570.36(2), 585.003, 585.08(2)(a), 585.145(1), (2), 585.16, 585.23, 585.40 FS. History-New 5-24-10.


5C-30.003. Penalties.

(1) Any person importing animals into or moving animals within the state without the appropriate health documentation as required in Chapters 5C-3 and 5C-4, F.A.C., or failing to comply with the requirements of Chapter 5C-31, F.A.C., or animals that show signs of illness or infection, or dead animals, are subject to penalties as prescribed in this section.

(2) The provision of specified penalties in this rule shall not preclude the Department from seeking any legal remedy or injunctive relief available under Sections 585.005 and 585.007, F.S.

(3) The penalties for failure to comply with the health standards for importation or intrastate movement of animals are as provided in Table #1.

TABLE #1

Decision and Penalty Matrix for Division of Animal Industry Movement Violations

Division of Animal Industry -- AI

Equine Infectious Anemia -- EIA

Individually Identified -- ID

     

National Poultry Improvement Plan -- NPIP

Official Certificate of Veterinary Inspection -- OCVI (valid for 30 days)

     

Pullorum-Typhoid -- PT Test

Tuberculosis -- TB

 

SPECIES

VIOLATION

INTRASTATE

INTERSTATE

ADMINISTRATIVE ACTION*

   

(Within State)

(Import into State)

 

All Animals

Use of forged, altered or counterfeited document.

Quarantine back to premises of origin.

Refuse entry into state.

1st $500

       

2nd $2,500

       

3rd $5,000

       

4th and subsequent violations within 24 months of last violation -- $10,000.

All Animals

Animals showing signs of illness or dead animals.

Contact Division of Animal Industry.

Refuse entry for dead animals. All other animals showing signs of illness, contact the Division of Animal Industry.

Contact Division of Animal Industry.

All Animals

Movement of animals in violation of quarantine.

Quarantine back to premises of origin.

Refuse entry into state.

1st $500

       

2nd $2,500

       

3rd $5,000

       

4th and subsequent violations within 24 months of last violation -- $10,000.

All Animals

No prior permission number.

N/A

Allow entry into state. Division of Animal Industry will contact issuing veterinarian.

1st Advisory Notice

(Except poultry and deer-see below).

     

2nd Advisory Notice

       

3rd and subsequent violations within 24 months of last violation -- refuse entry into state.

Cattle

Failure by an Approved Livestock Facility accepting cattle to: tag as an approved tagging site; place into designated “slaughter only” sale channels; deny entry to the market.

Administrative Fine

Administrative Fine

1st $25 per animal per violation

(Unidentified)

     

2nd $50 per animal per violation

       

3rd 100 per animal per violation

 

Failure by an Approved Livestock Facility or Purchaser to timely submit complete and accurate records required by subparagraph 5C-31.004(2)(a)3., or 5C-31.004(2)(b)4., or 5C-31.004(2)(b)7., F.A.C.

Administrative Fine

Administrative Fine

1st $25 per animal per violation

       

2nd $50 per animal per violation

       

3rd 100 per animal per violation

 

Failure by an Approved Livestock Facility or Purchaser to retain the information required by subparagraph 5C-31.004(2)(a)4., or 5C-31.004(2)(b)5., or 5C-31.004(2)(b)8., F.A.C.

Administrative Fine

Administrative Fine

1st $25 per animal per violation

       

2nd $50 per animal per violation

       

3rd 100 per animal per violation

 

Failure of Purchaser of unidentified cattle to tag cattle in accordance with subparagraph 5C-31.004(2)(a)3., F.A.C.

Quarantine to origin or destination until animals are officially identified and Administrative Fine.

Quarantine to origin or destination until animals are officially identified and Administrative Fine.

1st $25 per animal per violation

       

2nd $50 per animal per violation

       

3rd 100 per animal per violation

 

Failure of Purchaser to provide the Premises Identification Number to Approved Livestock Facility as required by subparagraph 5C-31.004(2)(a)2., F.A.C.

Quarantine to origin or destination until animals are officially identified and Administrative Fine.

Quarantine to origin or destination until animals are officially identified and Administrative Fine.

1st $25 per animal per violation

       

2nd $50 per animal per violation

       

3rd 100 per animal per violation

Cattle (Identification)

Failure to have official individual identification.

Quarantine to origin or destination until animals are officially identified and Administrative Fine.

Quarantine to origin or destination until animals are officially identified and Administrative Fine.

1st $25 per animal per violation

 

Failure to prevent commingling with cattle under separate ownership.

   

2nd $50 per animal per violation

       

3rd 100 per animal per violation

 

Failure to prevent commingling with cattle under separate ownership.

Quarantine to origin or destination until animals are officially identified and Administrative Fine.

Quarantine to origin or destination until animals are officially identified and Administrative Fine.

1st $25 per animal per violation

       

2nd $50 per animal per violation

       

3rd 100 per animal per violation

Cattle and Bison (Bovine)

No tuberculosis (TB) test, brucellosis test, ID, or invalid OCVI /no OCVI.

N/A

Quarantine to destination.

1st Quarantine

       

2nd Quarantine

       

3rd and subsequent violations within 24 months of last violation -- refuse entry into state.

Deer (Cervidae)

No OCVI or prior permission.

Quarantine back to premises of origin.

Refuse entry into state.

Intrastate Movement

       

Quarantine back to premises of origin.

       

Interstate Movement--Refuse entry into state.

Goats and Sheep

No ID (USDA scrapie tags-required unless consigned to a USDA-approved livestock market).

Quarantine back to premises of origin.

Refuse entry into state.

Intrastate

(Caprine and Ovine)

     

Quarantine back to premises of origin.

       

Interstate

       

Refuse entry into state.

Goats and Sheep

No OCVI/invalid OCVI, TB test, or brucellosis test.

N/A

Quarantine to destination.

1st Quarantine

(Caprine and Ovine)

     

2nd Quarantine

       

3rd and subsequent violations within 24 months of last violation -- refuse entry into state.

Goats and Sheep

No veterinary disease-free statement as required in paragraph 5C-3.005(1)(b), F.A.C.

N/A

Advisory notice.

Advisory notice.

(Caprine and Ovine)

       

Horses (Equine)

No EIA test, outdated EIA test, EIA not accurate/legible, or EIA does not match horse.

Quarantine back to premises of origin.

Refuse entry into state if consigned to a show, sale or exhibition.

Intrastate:Quarantine back to premises of origin.

     

All other shipments-refuse entry into state; or at owner's request and expense, call a Florida accredited veterinarian to test for EIA, and quarantine to destination pending outcome of the test.

Interstate: Refuse entry or quarantine to destination with pending EIA test.

Horses (Equine)

No OCVI, invalid OCVI, or OCVI does not match the horse.

N/A

Call a Florida veterinarian to issue OCVI, at owner's expense, and allow entry. If no veterinarian is available, then quarantine to destination.

1st Quarantine

       

2nd Quarantine

       

3rd and subsequent violations within 24 months of last violation -- refuse entry into state.

Horses (Equine)

No equine piroplasmosis (EP) test or treatment if from endemic area.

Quarantine back to premises of origin.

Refuse entry into state.

Refuse entry.

Horses (Equine)

No temperature reading on OCVI.

N/A

Allow entry into state and issue an advisory notice.

Advisory notice.

Pigs (Swine/Porcine)

No pseudorabies test, brucellosis test, no ID, or OCVI/invalid OCVI.

N/A

Quarantine to destination.

1st Quarantine

       

2nd Quarantine

       

3rd and subsequent violations within 24 months of last violation -- refuse entry into state.

Poultry (Avian)

No OCVI/invalid OCVI, PT test, or NPIP/VS 9-3.

N/A

Refuse entry into state.

Refuse entry into state.

Poultry (Avian)

No prior permission number with VS 9-3.

N/A

Allow entry and issue an advisory notice.

1st Advisory notice.

       

2nd Advisory notice.

       

3rd and subsequent violations within 24 months of last violation -- refuse entry into state.

Poultry (Avian)

No prior permission number with OCVI.

N/A

Allow entry to a single destination and quarantine.

1st Quarantine

       

2nd Quarantine

       

3rd and subsequent violations within 24 months of last violation -- refuse entry into state.

             

*  The penalties in Table #1 are listed in the order that they will apply with each succeeding violation.

(4) Resolution of Violations, Settlement, and Additional Enforcement Remedies -- The Department and person charged with a violation may agree to resolve violations prior to an administrative hearing, or enter into settlement pursuant to Section 120.57(4), F.S. The penalties addressed in this rule shall not be construed to limit the authority of the Department to resolve violations prior to or after initiation of any administrative action or to settle with any party. The Department shall utilize all available remedies to ensure compliance including administrative action, civil actions, settlements, and referrals for criminal prosecution. The Department shall enforce a failure to comply with an agreement to resolve violations or a settlement agreement with the penalties and remedies provided in the agreement and as authorized by Chapter 120 or 570 and Chapter 585, F.S.

Credits

Adopted May 24, 2010. Amended Feb. 19, 2014; Sept. 4, 2014.

Authority: 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 570.36(2), 585.003, 585.007(1), 585.08(2)(a),585.145(1), (2), 585.16, 585.23, 585.40 FS.



5C-30.004. Incorporated Materials.

(1) For purposes of Sections 585.08 and 585.145, F.S., and pursuant to this rule, a Department representative who is not at a department interdiction station and who executes a Notice of Quarantine shall utilize form FDACS-09030 Rev. 12/09, Notice of Quarantine. A Department representative at a Department interdiction station shall issue FDACS-09163 Rev. 12/09, Notice of Quarantine -- Interdiction Stations or FDACS-09239 Rev. 12/09, Refuse Entry Notice -- Interdiction Stations. A Department representative shall post FDACS-09090 Rev. 12/09, Quarantine Sign, at the location of the animal quarantine. This sign shall not be removed by anyone other than a Department representative. When the Department determines that the threat of disease ceases to exist and/or animal health requirements have been met, a Department representative will provide notification that the quarantine has been released and is no longer in effect by issuing FDACS-09028 Rev. 12/09, Release of Quarantine.

(2) When an Advisory Notice is prescribed by rule for a particular violation, a Department representative shall issue FDACS-09238 Rev. 12/09, Advisory Notice -- Interdiction Stations.

(3) USDA APHIS Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89) and USDA APHIS Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (OCT 2011) may be obtained from the United States Government Printing Office, Superintendent of Documents, Mail Stop SSOP, Washington, D.C. 20402-9328.

(4) The following documents are hereby incorporated by reference. Copies of these documents may be obtained from the Division of Animal Industry, 407 South Calhoun Street, Tallahassee, Florida 32399-0800 or online as indicated.

(a) Release of Quarantine, FDACS-09028, Rev. 12/09, http://www.flrules.org/Gateway/reference.asp?No=Ref-03307.

(b) Notice of Quarantine, FDACS-09030, Rev. 12/09, http://www.flrules.org/Gateway/reference.asp?No=Ref-03306.

(c) Quarantine Sign, FDACS-09090, Rev. 12/09, http://www.flrules.org/Gateway/reference.asp?No=Ref-03305.

(d) Notice of Quarantine -- Interdiction Stations, FDACS-09163, Rev. 12/09, http://www.flrules.org/Gateway/reference.asp?No=Ref-03304.

(e) Advisory Notice -- Interdiction Stations, FDACS-09238, Rev. 12/09, http://www.flrules.org/Gateway/reference.asp?No=Ref-03303.

(f) Refuse Entry Notice -- Interdiction Stations, FDACS-09239, Rev. 12/09, http://www.flrules.org/Gateway/reference.asp?No=Ref-03302.

(g) USDA APHIS Permit for Movement of Restricted Animals, VS Form 1-27 (JUN 89), http://www.flrules.org/Gateway/reference.asp?No=Ref-03301.

(h) USDA APHIS Report of Sales of Hatching Eggs, Chicks, and Poults, VS Form 9-3 (OCT 2011), http://www.flrules.org/Gateway/reference.asp?No=Ref-03300.

Credits

Adopted May 24, 2010. Amended Feb. 19, 2014.

Authority: 570.07(23), 585.002(4), 585.08(2)(a) FS. Law Implemented 570.07(15), 570.36(2), 585.003, 585.08(2)(a), 585.145(1),(2), 585.16, 585.23, 585.40 FS.

 

 

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