fl-31328204: 5CER26-13 — Temporary Restrictions on the Importation of Dairy Cattle

31328204, 5CER26-13 - Florida Administrative Rules, Law, Code, Register - FAC, FAR, eRulemaking Home About Us Contact Us Help Florida Department of State and Division of Library and Information Services Home Advanced Search MyFLRules Rules Open for Comments Notice: 31328204 Notice of Emergency Rule Department: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Division: Division of Animal Industry Overview RULE: 5CER26-13   Temporary Restrictions on the Importation of Dairy Cattle SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:   On March 3, 2024, federal and state veterinary and public health agencies announced the detection of Highly Pathogenic Avian Influenza in dairy cattle herds in Texas. Since then, at least 15 additional states have had detections of Highly Pathogenic Avian Influenza in dairy cattle. The most recent confirmed detections have occurred in Texas and Utah on or after July 31, 2026. These herds all exhibited a similar clinical syndrome, Bovine Associated Influenza A Syndrome (H5N1), a highly contagious disease affecting the health and milk production of dairy cattle. The United States Department of Agriculture (USDA) has also declared Bovine Associated Influenza A Syndrome to be “an additional disease risk to domestic poultry farms—since this [H5N1 virus] genotype can infect both cattle and poultry.” Confirmed cases of H5N1 have also been found in multiple species of animals, as well as humans. The situation surrounding Bovine Associated Influenza A Syndrome is rapidly evolving, and this emergency rule incorporates updated requirements based upon the most current information available. This rule also establishes requirements related to recognition of the USDA’s National Milk Testing Strategy and the voluntary Monitored Unaffected Herd Status program. REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:   Adopting this emergency rule pursuant to s. 120.54(4), Florida Statutes, is fair and justified because it provides at least the procedural protection given by other statutes, the State Constitution, or the United States Constitution, and it takes only the actions necessary to protect the public interest. Bovine Associated Influenza A Syndrome poses an immediate danger to public health, safety, and welfare, and emergency rulemaking is necessary to prevent the introduction and spread of this dangerous and transmissible disease and its vectors. Highly Pathogenic Avian Influenza has now been detected in dairy cattle herds in Texas and Utah, indicating a recent spread in the disease. Emergency rulemaking to implement protocols based upon the most up-to-date research is the only viable means of ensuring the protection of Florida animals susceptible to this potentially devastating disease.

Summary

This rule places restrictions upon the importation of cattle to ensure they have not been exposed to a known or suspected case of Bovine Associated Influenza A Syndrome and show no clinical signs of the disease. The requirements in this rule are in addition to the import requirements set forth in Rule Chapter 5C-3, Florida Administrative Code. THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:   Dr. Michael A. Short, State Veterinarian, Director, Division of Animal Industry, Department of Agriculture and Consumer Services, 407 S. Calhoun St., Rm. 330, Mayo Bldg., Tallahassee, FL 32399-0800; (850) 410-0900. PRINT PUBLISH DATE: 9/3/2026   Vol. 52/172 OVERSIGHT COMMITTEE: Joint Administrative Procedures Committee Florida Administrative Law Central Online Network (F.A.L.C.O.N.) RELATED COURT CASES: Division of Administrative Hearings FEDERAL eRULEMAKING WEB PORTAL: Regulations.gov HOW TO LINK TO THIS NOTICE: http://flrules.org/gateway/ruleno.asp?id=5CER26-13&PDate=9/3/2026&Section=4 REFERENCE MATERIALS: No reference(s). Home Advanced Search MyFLRules Rules Open for Comments About Us Contact Us Help  Privacy Policies Accessibility Statement Copyright @ 2010 State of Florida Department of State Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.