September 14, We only intend to incorporate 9 C.F.R , edits have been made to reflect the change, along with removal of the parentheses.

Transcription

1 Division of Animal Industry (850) The Mayo Building 407 South Calhoun Street Tallahassee, Florida Florida Department op Agriculture and Consumer Services Commissioner Adam H. Putnam September 14, 2018 ^3 C53 Ms. Jamie Jackson, Esq. Joint Administrative Procedures Committee Room 680, Pepper Building 111 W. Madison Street Tallahassee, FL Subject: Proposed Rule 5C ,.0016,.002,.003,.004,.005 j rn co c; mn m 4TZ-? CO pn ro X3* KJD 73 m Dear Ms. Jackson, The Florida Department of Agriculture and Consumer Services received your comment letter dated July 19, We thank you for your review and guidance in this process. We have incorporated your recommendations in our proposed rales and documents that are enclosed and submitted for review in accordance with (3)(d), F.S. The changes are as follows: 5C (1): 5C (2): Does the Department intend to incorporate all sections of 9 C.F.R Part 161 into this subsection? If so, please provide a complete copy of the incorporate 9 C.F.R , as provided with the rale materials, please revise the language in this subsection to reflect that specifically. Additionally, please remove the parentheses surrounding 9 CFR in the citation. We only intend to incorporate 9 C.F.R , edits have been made to reflect the change, along with removal of the parentheses. rule in light of it being contained in statute. If retained, please clarify the citation to section (10), Florida Statutes, as the term is defined within that subsection, and correct the word pets to pests. complete definitions within the rale itself. To match section (10), Florida Statutes, pets has been changed to pests HELPFLA FliSrlda.

2 5C (5): 5C (10): 5C (11): (1): (2)(a): (2)(b): rule in light of it being contained in statute. complete definitions within the rule itself. rule in light of it being contained in statute. complete definitions within the rule itself. Isolated should not be capitalized within this definition as the term does not appear to be a defined tenn of art within the context of this chapter. Isolated has been changed to isolated. The title of this incorporated form, Equine Infectious Anemia Laboratory Test, should be included in this subsection as required by rule (2)(a), Florida Administrative Code. The title of the incorporated form, Equine Infectious Anemia Laboratory Test has been included in subsection 5C (1) The reference to subsection (3) of this rule requires updating in light of proposed revisions to this rule. The reference mentioned above has been updated to 5C (2)(a)l reflect proposed revision of the rule. Section (l)(a)4., Florida Statutes, requires fonns meeting the definition of a rule to be incorporated by reference into the appropriate rule. Emphasis added. Please advise whether the cross-referenced rule where form FDACS is currently incorporated, is the sole appropriate rule for incorporation of this form. For contrast, the similar application form for a type of ID card referenced in paragraph (2)(c) rale is incorporated directly into this rale. For your information, a copy of the referenced Equine Interstate Passport Card was included with the materials provided. Although not incorporated by reference in this rale, the card does feature a citation to rale 5C-3.003(6), which does not appear to be directly related to that card.

3 5C (2)(c): 5C (2)(d): Form FDACS is incorporated into 5C-3.003(5)(e), 5C-3 covers importation requirements and is the sole appropriate rale for incorporation of that form. Please see the FYI note for rule 5C (2)(b) as it applies to the ID card mentioned in this paragraph. The ID card mentioned will be incorporated into the forthcoming update to 5C-3. Regarding FDACS-09051, this document is not incorporated by reference in rale 5C-3.003(5), as the amended language indicates. If this document meets the definition of rale pursuant to section (16), Florida Statutes, then section (l)(a), requires that document to be adopted by the ralemaking procedure. Regarding FDACS-09078, the rale directs that the application is to be submitted in accordance with rale 5C-3.003(5). Please be aware that the version of this form incorporated in 5C is not the version proposed within this rale. When does the Department intend to address this inconsistency? Additionally, the amended 09/17 version of the form provided for review cites rale 5C as the incorporative rale, which is incorrect as only the prior version of this form is incorporated in that rale. This citation should be revised to reflect rale 5C as the sole rale incorporating this version of the form. 5C-4.002(2)(a)2.: The forms mentioned above are incorporated into the forthcoming update to 5C-3. You will be receiving the newly proposed 5C-3 within a few weeks of receiving this letter, Notice of Rule Development for 5C-3 was posted on 8/20/18. It is indicated that the term Accredited Tuberculosis-Free Herd is defined in 9 C.F.R That term is not specifically defined in that regulation. This language should be clarified for comprehension. The incorporative language indicates that 9 CFR 77 is incorporated by reference. Does the Department intend to incorporate all sections of 9 C.F.R Part 77 into this subparagraph? If so, please provide a complete copy of the regulations to the Committee. If the Department only intends to incorporate 9 C.F.R. 77.5, as provided with the rale materials, please revise the language in this subparagraph to reflect that specifically.

4 We have changed to language to: Accredited Herd as defined in Bovine Tuberculosis Eradication, APHIS (JAN 2005). 5C-4.003(2)(b)l.: Does the Department intend to incorporate all sections of 9 C.F.R Part 85 into this subparagraph? If so, please provide a complete copy of the incorporate 9 C.F.R. 85.1, as provided with the rale materials, please revise the language in this subparagraph to reflect that specifically. Section has been updated to reflect 9 C.F.R C-4.003(2)(b)2.: Is Approved Commercial Production Swine Herd a defined term? If so, please reference where that definition can be found. If not, how does the Department determine what is an [ajpproved herd for the purposes of this subparagraph? The term is defined in 5C-21, Approved Commercial Production Swine Herd, as defined in 5C , F.A.C. is now reflected in the rule text. 5C-4.004(2): Does the Department intend to incorporate all sections of 9 C.F.R Part 145 into this subsection? If so, please provide a complete copy of the incorporate 9 C.F.R , as provided with the rale materials, please revise the language in this subsection to reflect that specifically. Section has been updated to reflect 9 C.F.R C-4.005(3)(a): 5C-4.005(3)(b): It is indicated that the term Accredited Tuberculosis-Free Herd is defined in 9 C.F.R That term is not specifically defined in that regulation. Additionally, this regulation refers specifically to cattle and bison, not goats or sheep. We have changed to language to: Accredited Herd as defined in Bovine Tuberculosis Eradication, APHIS (JAN 2005). It appears that this regulation that meets the definition of a rule in section (16), Florida Statutes, and should be specifically incorporated by reference in rale. See (l)(i), Fla. Stat. (2018), rale , F.A.C. Please review and advise. Incorporation statement has been added to incorporate CFR. In accordance with Section (3)(d), Florida Statutes, the department will publish in the Florida Administrative Register the enclosed Notice of Change to implement the revisions to the proposed rale described in the foregoing.

5 Sincerely, Eric Scarborough Government Operations Consultant I ~a 0X3 c. or2 r: - o - 1 n n -1 rn 2818 SEP 27 AH1h 20