Section 5C-16.021 - Intrastate Movement of Domestic Fowl(1) If state or federal animal health officials suspect or positively identify Highly Pathogenic Avian Influenza in Domestic Fowl within the states of Alabama, Georgia, Mississippi, or Florida, then all Domestic Fowl moving within Florida must meet the following requirements: (a) Official Certificate of Veterinary Inspection (OCVI) required. All Domestic Fowl, Poultry and eggs for hatching purposes moving within Florida, unless exempted by this rule, 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 (FEB 2016), as adopted in rule 5C-3.012, F.A.C., for the OCVI. To apply for participation in the NPIP program the applicant must submit a completed National Poultry Improvement Plan Participation Agreement, Subpart E, FDACS-09166 form Rev. 02/19 to the department. National Poultry Improvement Plan Participation Agreement, Subpart E, FDACS-09166 Rev. 02/19 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10814. If AI clean status is requested, then a Request and Agreement for Testing of Poultry for Avian Influenza and Exotic Newcastle Disease, FDACS 09176 Rev. 03/19. Must also be submitted to the Department. Request and Agreement for Testing of Poultry for Avian Influenza and Exotic Newcastle Disease, FDACS 09176 Rev. 03/19 is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10815. The following are exempt from the OCVI requirement:
1. Racing Pigeons transported out of Florida for racing purposes in sealed crates which reenter Florida with unbroken seals.2. Poultry consigned directly to a recognized slaughtering establishment.(b) Avian Influenza Testing Requirements. 1. Poultry originating from a Non-Quarantine or Control Area:a. All Poultry and Poultry Products must be accompanied by proof of a negative Avian Influenza Approved Test;b. Poultry must be tested no more than seven (7) days prior to movement; and,c. If a flock with greater than thirty (30) birds is to be moved within Florida, then no less than thirty (30) samples per flock must be taken with at least ten (10) samples taken per house, ord. If a flock of less than thirty (30) birds is to be moved within Florida, then all birds must be tested.2. Exemptions. No Avian Influenza test is required for the following: a. Poultry or Poultry Products originating from flocks classified as US Avian Influenza Clean, as provided in 9 CFR §§ 145.23(h), 145.33(i), 145.43(g), 145.53(e), and 145.63(b) (2018), as adopted in Rule 5C-3.001, F.A.C.;3. Proof of negative Avian Influenza (AI) testing must be documented on the Report of Sales of Hatching Eggs, Chicks, Poults, VS Form 9-3 (FEB 2016), as adopted in Rule 5C-3.012, F.A.C., or the OCVI listing the description of birds, test date, test results, and the name of the laboratory.4. Poultry originating from a Quarantine or Control Area. a. Domestic fowl, live Poultry, or Poultry Products originating from an Avian Influenza Quarantine or Control Area in Florida may not move within or out of the Quarantine and Control Area except Domestic Fowl, Poultry or Poultry Products that have completed all USDA, APHIS requirements listed in the Highly Pathogenic Influenza Plan USDA FAD PReP (05/17). The Department shall verify these requirements have been met through the Emergency Management Response System (EMRS) prior to permitting for movement out of the Quarantine and Control Area. Highly Pathogenic Influenza Response Plan USDA FAD PReP (05/17) is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-10816.b. A movement permit number generated by the Emergency Management Response System (EMRS) must accompany the shipment and be recordered on either the OCVI or the Report of Sales of Hatching Eggs, Chicks, Poults, VS Form 9-3 (FEB 2016).(2) The Department shall publish a notice in the Florida Administrative Register and shall notify industry associations of the immediate implementation of the requirements in subsection 5C-16.021(1), F.A.C.(3) Failure to comply with the requirements of subsection 5C-16.021(1), F.A.C. will result in the penalties as provided in Rule 5C-30.003, F.A.C.Fla. Admin. Code Ann. R. 5C-16.021
Rulemaking Authority 570.07(23), 585.002(4), 585.08(2) FS. Law Implemented 585.007, 585.08(2)(a), 585.11(1), 585.145, 585.16 FS.
Adopted by Florida Register Volume 42, Number 174, September 7, 2016 effective 9/21/2016, Amended by Florida Register Volume 45, Number 157, August 13, 2019 effective 8/25/2019.New 9-21-16, Amended 8-25-19.