5CER26-4. Temporary Restrictions on the Importation 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 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 (1/21/26) (“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 paragraph 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 paragraph 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 paragraph 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 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, February 2025, or from a state participating in the National Milk Testing Strategy and holding an Unaffected State Status, as defined in APHIS Requirements and Recommendations for Highly Pathogenic Avian Influenza (HPAI) H5N1 Virus in Livestock For State Animal Health Officials, Accredited Veterinarians and Producers (1/21/26), which is incorporated by reference in subsection (1). USDA HPAI Dairy Herd Status Program, APHIS-24-029, February 2025, is hereby adopted and incorporated by reference and is available for review at https://www.fdacs.gov/Divisions-Offices/Animal-Industry.