Fla. Admin. Code Ann. R. 5CER25-1 - Temporary Restrictions on the Importation and Exhibition of Dairy Cattle

(1) Except where more stringent requirements are adopted herein, dairy cattle being imported into Florida must meet the testing and movement requirements referenced in Rule Chapter 5C-3, Florida Administrative Code, as well as the Federal Order Requiring Testing for and Reporting of Highly Pathogenic Avian Influenza (HPAI) in Livestock (4/24/24) ("Federal Order") and APHIS Requirements and Recommendations for Highly Pathogenic Avian Influenza (HPAI) H5N1 Virus in Livestock For State Animal Health Officials, Accredited Veterinarians and Producers (5/14/24) ("APHIS Requirements"), both of which are hereby adopted and incorporated by reference. The Case Definition for Avian Influenza (AI) (August 2024) cited within the APHIS Requirements is also hereby adopted and incorporated by reference. These documents are available for review at https://www.fdacs.gov/Divisions-Offices/Animal-Industry.

(2) "Exposed cattle" or cattle originating from an H5N1 Influenza virus "affected herd," as those terms are defined in the APHIS Requirements, may not be imported into Florida.

(3) In addition to the requirements set forth in the Federal Order and APHIS Requirements, the following documentation is required when importing dairy cattle into Florida:

(a) Dairy cattle originating from a state that does not have any suspected or confirmed cases of Bovine Associated Influenza A (H5N1), must meet the Official Certificate of Veterinary Inspection (OCVI) requirements set forth in Rule 5C-3.002, F.A.C. The OCVI must include the following information:

1. The lactation status of the animal (lactating or non-lactating).

2. For lactating dairy cattle required to test negative for Bovine Associated Influenza A (H5N1) pursuant to subsection (1), the negative test results, laboratory name, accession number, and test date. Notwithstanding Rule 5C-3.002(1)(c), F.A.C., the OCVI and test date must be no more than 7 days prior to importation into Florida.

(b) Dairy cattle originating from a state with an "affected herd," as that term is defined in the APHIS Requirements, must be accompanied by a lawful OCVI which includes:

1. The lactation status of the animal (lactating or non-lactating).

2. For lactating dairy cattle required to test negative for Bovine Associated Influenza A (H5N1) pursuant to subsection (1), the negative test results, laboratory name, accession number, and test date. Notwithstanding Rule 5C-3.002(1)(c), F.A.C., the OCVI issue date and test date must be no more than 7 days prior to importation into Florida.

3. Notwithstanding Rule 5C-3.002(1)(c), F.A.C., the OCVI issue date for non-lactating dairy cattle must be no more than 10 days prior to importation into Florida.

(4) Exception for Movement to Slaughter. Notwithstanding the requirements set forth within this rule, lactating dairy cattle being imported into Florida and moving directly to slaughter are not required to be tested for the H5N1 Influenza virus if they are accompanied by a lawful OCVI or an Owner-Shipper Statement that complies with the requirements set forth in rule chapter 5C-3, F.A.C., and was issued within 10 days of entry into Florida.

(5) Exception for Interstate Movement Testing. Notwithstanding the requirements set forth within this rule, dairy cattle are exempt from the individual animal import testing requirements referenced in this rule if they originate from a Monitored Unaffected Herd, as defined in USDA HPAI Dairy Herd Status Program, APHIS-24-029, October 2024. USDA HPAI Dairy Herd Status Program, APHIS-24-029, October 2024, is hereby adopted and incorporated by reference and is available for review at https://www.fdacs.gov/Divisions-Offices/Animal-Industry.

(6) Exhibition. In addition to meeting the requirements described in Rule Chapter 5C-4, F.A.C, the following are required for Exhibition dairy cattle:

(a) Testing: All imported and Florida origin lactating dairy cattle and pregnant dairy cattle with an expected calving date within 30 days of exhibition, are required to test negative for Bovine Associated Influenza A (H5N1) within 7 days before entry to an exhibition and must leave the exhibition within 10 days of arrival.

(b) OCVI:

1. Imported dairy cattle presented for exhibition must meet the OCVI requirements as specified in this rule.

2. Florida origin dairy cattle may utilize an OCVI for 90 days. The OCVI must include:

a. The Official Identification Number of each animal, as defined in 9 C.F.R. § 86.1 (2018), which is incorporated by reference in Rule 5C-3.001, F.A.C.,

b. The herd of origin,

c. If required by this rule, the H5N1 test accession number, result and sample collection date of the initial test submission, and,

d. The exhibitor name(s).

(c) For Florida origin dairy cattle required to test negative for H5N1 as specified in subsection (6), the OCVI must be accompanied by laboratory test results dated within 7 days before an animal's arrival at the exhibition and must be provided at each exhibition event. The accompanying laboratory test record must include:

1. The Official Identification Number of each animal, as defined in 9 C.F.R. § 86.1 (2018), which is incorporated by reference in Rule 5C-3.001, F.A.C.,

2. The date of test sample collection,

3. The herd of origin, and

4. The OCVI number.

(d) Exception for Intrastate Movement Testing. Florida origin dairy cattle are exempt from the individual animal testing requirements referenced in this rule if they originate from a Monitored Unaffected Herd, as defined in USDA HPAI Dairy Herd Status Program, APHIS-24-029, October 2024, which is adopted in subsection (5) of this rule.

(e) All dairy cattle must be milked with equipment specific to the herd of origin. No animals originating from different premises are to be milked with communal or shared milking equipment. When disposing of milk, it must be discarded in accordance with applicable laws and rules and in a manner that minimizes the possibility of human or animal contact with raw milk.

Notes

Fla. Admin. Code Ann. R. 5CER25-1

Rulemaking Authority 570.07(21), (23), 585.002(4), 585.08(2)(a), 585.145(1), (2) FS. Law Implemented 585.08(1), 585.145 FS.

Adopted by Florida Register Volume 51, Number 063, April 1, 2025 effective 3/27/2025 (EMERGENCY).