laws_04_animal_husbandry _08-34_ by MarijanStefanovic

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									                                                                                                                                                FE115




Handbook of Florida Agricultural Laws: Animal
Husbandry1
Michael T. Olexa, Laura Minton, Amanda Taylor, Joseph Fischer, Aaron Leviten, and Azim Saju2

                             Preface                                                outdated at any time. Many details of cited laws are
                                                                                    also left out due to space limitations.
     This fact sheet is part of Circular 1224,
Handbook of Florida Agricultural Laws. It is                                             This handbook is distributed with the
designed to provide an accurate, current and                                        understanding that the authors are not engaged in
authoritative summary of the principal Florida laws                                 rendering legal or other professional advice. It is not
that directly or indirectly relate to agriculture. It                               all-inclusive in providing information to achieve
should provide a basic overview of the many rights                                  compliance with laws and regulations governing the
and responsibilities that farmers and farm land                                     practice of agriculture. For these reasons, the use of
owners have under Florida laws. Many readers may                                    these materials by any person constitutes an
value this handbook because it informs them about                                   agreement to hold harmless the authors, UF/IFAS,
these rights and responsibilities, and it provides them                             the Agricultural Law Center, and the University of
with good contacts for more detailed information.                                   Florida for any liability claims, damages, or expenses
However, the reader should be aware that because the                                that may be incurred by any person as a result of
laws, administrative rulings, and court decisions on                                reference to or reliance on the information contained
which this handbook is based are subject to constant                                in this handbook.
revision, portions of this handbook could become



1. This is EDIS document FE115, a publication of the Department of Food and Resource Economics, Florida Cooperative Extension Service, IFAS,
   University of Florida, Gainesville, FL. FE115 is part of Circular 1224, Handbook of Florida Agricultural Laws. First published November 1999, and
   revised April 2004. Please visit the EDIS website at http://edis.ifas.ufl.edu.
2. Michael T. Olexa, Professor, Department of Food and Resource Economics, and Director, UF/IFAS Agricultural Law Center, Member, The Florida Bar,
   Florida Cooperative Extension Service, UF/IFAS, University of Florida, Gainesville, FL; Laura Minton and Amanda Taylor, students, Levin College of
   Law, University of Florida, Gainesville, FL; Joseph Fischer, Aaron Leviten, and Azim Saju, graduates, Levin College of Law, University of Florida, and
   members, The Florida Bar.
This publication is designed to provide accurate, current and authoritative information on the subject. However, since the laws, administrative rulings, and
   court decisions on which it is based are subject to constant revision, portions of this publication could become outdated at any time. This publication is
   distributed with the understanding that the authors are not engaged in rendering legal or other professional advice, and the information contained herein
   should not be regarded, or relied upon, as a substitute for professional advice. For these reasons, the utilization of these materials by any person constitutes
   an agreement to hold harmless the authors, UF/IFAS, and the University of Florida for any liability, claims, damages, or expenses that may be incurred by
   any person as a result of reference to or reliance on the information contained in this document.
Acknowledgment: The authors are indebted to the personnel of both state and federal agencies who gave of their time and advice in the preparation of this
   handbook. the authors wish to thank Julissa Hernandez and Darryl Palmer for their help with this handbook. The authors are also indebted to Mr. Richard
   Budell of the Office of Agricultural Water Policy of the Florida Department of Agriculture and Consumer Services for providing funds for the development,
   printing, and distribution of these materials.


 The Institute of Food and Agricultural Sciences (IFAS) is an Equal Employment Opportunity - Affirmative Action Employer authorized to provide
research, educational information and other services only to individuals and institutions that function without regard to race, creed, color, religion,
age, disability, sex, sexual orientation, marital status, national origin, political opinions or affiliations. For information on obtaining other extension
publications, contact your county Cooperative Extension Service office. Florida Cooperative Extension Service / Institute of Food and Agricultural
Sciences / University of Florida / Larry R. Arrington, Interim Dean
Handbook of Florida Agricultural Laws: Animal Husbandry                                                               2

  A Brief Note on Florida Laws and                        Taxation and Property Rights Related to Agricultural
            Rule Making                                   Land. The user can find the specific laws by using
                                                          either the Table of Contents (FE113) or the Index
     The Florida laws described in this handbook          (FE122).
were passed by the state legislature and have become
valid state laws. The appropriate state agency then           Example: If your area of interest is farming an
wrote specific rules based on each law. These rules       unusual animal like an ostrich:
are what the state agencies use to enforce the law. For
                                                              To use the Table of Contents:
most laws in this handbook, that agency is the
Department of Agriculture and Consumer Services                  1. Find "Animal Husbandry" in the Table of
(DACS). Florida legislated laws, also called statutes,              Contents (FE113).
are organized into chapters. A chapter is divided even
further into specific statutes. For example, Chapter             2. Within the Animal Husbandry area locate
601 (Florida Citrus Code) contains dozens of                        "Livestock—Exotic Animals". Follow the
sections covering topics ranging from marketing,                    link to FE115: Animal Husbandry.
inspection standards, and processing to prohibitions
                                                                 3. In FE115, read the "General Descriptions"
on the use of certain chemicals for citrus fruit. Other
                                                                    and "Related References, Details, and
chapters may deal with a narrower subject and have
                                                                    Exceptions" columns for both laws under
far fewer sections. As noted above, the specific rules
                                                                    "Livestock—Exotic Animals". Determine if
for each of these sections are written by a designated
                                                                    the information answers the questions or if
state agency, and generally go into greater detail. You
                                                                    more information is needed.
can view the Florida Statutes online at
http://www.flsenate.gov/statutes.                                4. If the user wants more information
                                                                    regarding general farming or inspection and
                  Introduction
                                                                    slaughter of ostriches, locate the appropriate
     This handbook can be used to learn which                       state office telephone number and address.
Florida laws apply to a particular agricultural project             The primary contact agency information is
or subject, and to find the name, address, and                      listed at the end of the fact sheet, along with
telephone number of a state office that can provide                 abbreviation information.
more specific information or services. Created for
                                                              To use the Index:
readers with no prior experience in the law, they are
designed as a necessary first step in recognizing              Look up ostriches in the Index (FE122). The
which agricultural activities merit special attention     index leads the reader to the location for information
because of their implications to agriculture. It also     about the culture and inspection/slaughter of
provides an introduction to the crucial agencies and      ostriches. Follow steps 3 and 4 above to find the
statutes which govern agricultural law.                   contact information.

     The online handbook is divided into a Table of                   Division of the Table
Contents, Index, and six fact sheets. The Table of
Contents gives general and specific areas of Florida           The table in each fact sheet has five columns of
laws related to agriculture and the number of the fact    information. The first column, "Title of Statute or
sheet where that topic can be found. The six fact         Law (or short description)," either provides the law's
sheets are as follows: FE114, General                     name or a general description when no name is
Agriculture-Related Laws; FE115, Animal                   available. The second column, "Florida Statute
Husbandry; FE116, Crops and Products; FE117,              Number", lists either a chapter number when an entire
Related Non-Crop or Product Agricultural Topics;          chapter relates to a particular topic, a range of
FE118, Environmental and Conservation Regulations         sections, or a single specific section. At times, a single
that May Impact Agricultural Lands; and FE119,            chapter number may have many more laws than a
Handbook of Florida Agricultural Laws: Animal Husbandry   3

range. For example, sections 593.101 to 593.117
cover a narrower field, the control of cotton boll
weevil, than the larger Chapter 601 on citrus fruit.
The chapter and section number in all columns are
presented without the typical abbreviations or
symbols.

     Columns 3 and 4 provide brief descriptions and
related references, details, and exceptions. This
information is highly condensed. As such, not all
information is provided. The authors have attempted
to include the most relevant aspects of each listed
law. Additional information can be obtained by
contacting the offices noted in the final column,
"Primary Contact Agencies." As noted above, the
primary contact information is listed at the end of the
fact sheet. The reader will find that the state and
federal agencies are unquestionably the best targets
for specific questions, as they are in close touch with
both the formal and practical considerations of the
areas that they regulate.

     This publication can be improved with your
ideas and suggestions. Comments regarding any areas
which may have been omitted, but deserve inclusion,
are particularly valuable. Reader feedback is a
necessary ingredient to complete any successful
future editions. Please send your comments or
suggestions to:

Michael T. Olexa

Director, Agricultural Law Center

Food and Resource Economics Department

Post Office Box 110240

University of Florida

Gainesville, FL 32611-0240

Fax (352) 392-9898
Handbook of Florida Agricultural Laws: Animal Husbandry                                                                        4


                               II. FLORIDA AGRICULTURAL LAWS: ANIMAL HUSBANDRY
 Title of Statute    Florida               General Description                Related References, Details,          Primary
 or Law (or          Statute                                                        and Exceptions                  Contact
 short               Number                                                                                         Agencies
 description)

              A. Livestock — Cattle (Also see laws below on dairy industry, disease, inspection, and foodstuffs.)
 Laws regarding      534             Gives Department of Agriculture       Also provides for damages, interest,     DACS
 marking and                         responsibility to be exclusive        and attorney fees when processor         FMI
 branding                            recorder of cattle marks or           does not promptly pay livestock
 livestock, and                      brands, and provides for              seller for livestock, and provides for
 stamping beef                       inspections of cattle, beef, and      seller to have lien on such sold
                                     by-products to confirm lawful         animal and its carcass [534.54].
                                     possession.
 Law                 828.125         Provides that any person who          Conspiracy to commit such acts is        ANL
 criminalizing the                   willfully and unlawfully kills,       second-degree felony [828.125(2)],       DACS
 killing or                          maims, mutilates or causes            and threatening to commit such acts
 aggravated                          great bodily harm or permanent        resulting in fear by owner of animal
 abuse of cattle                     breeding disability to registered     is third-degree felony [828.125(3)].
                                     breed or hybrid of cattle is guilty
                                     of second-degree felony.

 Law prohibiting     877.05          Provides that killing calves less                                              ANL
 killing of calves                   than 4 weeks old for purpose of                                                DACS
 less than 4                         sale of veal meat is prohibited
 weeks old,                          and is a second-degree
 unless at a meat                    misdemeanor. Does not apply
 packing plant                       to meat packing or slaughtering
                                     establishments under state or
                                     federal inspection programs.

                     B. Livestock — Dairy Industry (also see laws on disease, inspection and foodstuffs)
 Laws regulating     502             Provides for permitting,              Sets minimum standards for new or        DACS
 milk and milk                       inspection, standards, and            extensive alteration of dairy farm and   DAR
 products to                         testing to provide for safe and       milk plant facilities [502.121], and
 ensure uniform,                     sanitary milk and milk products.      sets penalties and injunctions for
 safe, sanitary                                                            prohibited acts [502.181, 502.231].
 supplies                                                                  See 2001-279 Sections 12–15 for
                                                                           minor amendments.

 Law requiring       585.155         Specifies that heifer calves to be    Requires all calves born in Florida to   DAR
 Brucella                            used for dairy breeding must be       be used for dairy breeding purposes
 vaccinations for                    vaccinated for Brucella Abortus       to be vaccinated with an approved
 calves                              when between 4 and 10 months          Brucellus abortus vaccine by state or
                                     old.                                  federal regulatory officials, or by
                                                                           licensed, accredited veterinarian.


                                                C. Livestock — Exotic Animals
 Laws regarding      372.921(8),     Excludes possession, care,            Permit is required if animals are kept   ANL
 commercial          372.922(5)      control, and maintenance of           and maintained primarily for             DACS
 farming of                          ostriches, emus, and rheas for        exhibition purposes such as in zoos
 ostriches,                          farming purposes from permit          or carnivals.
 emus, and rheas                     requirements for wildlife and for
                                     personal possession of wildlife.
Handbook of Florida Agricultural Laws: Animal Husbandry                                                                      5

                               II. FLORIDA AGRICULTURAL LAWS: ANIMAL HUSBANDRY
 Title of Statute   Florida              General Description              Related References, Details,            Primary
 or Law (or         Statute                                                     and Exceptions                    Contact
 short              Number                                                                                        Agencies
 description)

                                D. Animals and Livestock — General Humane Treatment
 Laws regarding     828            Establishes policy for humane       These laws deal with the permitted         ANL
 cruelty to                        methods of slaughtering of          killing of injured or diseased             DACS
 animals, sales                    livestock [828.22], and deals       domestic animals [828.05]; the
 of animals, and                   with other aspects of killing and   permitted removal, taking into
 permitted                         cruelty to animals.                 custody, and disposition of animals
 means of killing                                                      found neglected or in distress
 animals                                                               [828.073]; and the handling,
                                                                       transport, vaccination, and
                                                                       consumer guarantee requirements
                                                                       for dogs and cats that are offered for
                                                                       sale [828.29]. Other laws regarding
                                                                       humane treatment are described in
                                                                       specific livestock categories (for
                                                                       instance, "Livestock — Cattle").


 Law prohibiting    828.12         Prohibits both unnecessary and      Unnecessary acts are first-degree          ANL
 cruelty to                        intentional acts that result in     misdemeanors [828.12(1)], and              DACS
 animals.                          harm to, or death of, animals.      intentional acts are third-degree
                                                                       felonies [828.12(2)]. See Chapter
                                                                       828, generally, for the humane
                                                                       killing and slaughtering of animals.
                                                                       Requires persons committing
                                                                       intentional acts to undergo
                                                                       psychological counseling or
                                                                       complete an anger management
                                                                       treatment program. Baiting,
                                                                       breeding, training, transporting,
                                                                       selling, owning, or possessing an
                                                                       animal or equipment for the purpose
                                                                       of animal fighting and attending or
                                                                       betting on animal fights are
                                                                       third-degree felonies. Other acts or
                                                                       services that facilitate animal fighting
                                                                       are also prohibited [828.122].
                                                                       Search warrants based upon
                                                                       violation of this statute can be issued
                                                                       without restriction [933.02, 933.18].



                                                  E. Livestock — Swine
 Laws regulating    585.48 –       Requires a permit to use            These requirements do not apply to         ANL
 use of garbage     585.59         garbage to feed to swine,           the use of garbage from a farmer's         DACS
 to feed to swine                  sterilization of garbage before     own household for swine feed
                                   feeding, and record keeping for     [585.50]. The State of Florida
                                   and sanitation of vehicles used     administers the federal Swine
                                   for hauling swine feed garbage.     Health Protection Act at the state
                                                                       level through this law.
Handbook of Florida Agricultural Laws: Animal Husbandry                                                                    6

                               II. FLORIDA AGRICULTURAL LAWS: ANIMAL HUSBANDRY
 Title of Statute   Florida               General Description              Related References, Details,         Primary
 or Law (or         Statute                                                      and Exceptions                 Contact
 short              Number                                                                                      Agencies
 description)

                               F. Livestock — Disease Inspection, Control, and Eradication

 Laws regarding     585.01 –        Deals with vaccinations,            Section 570.36 gives authority to       ANL
 animal disease,    585.68          inspections, condemnations,         enforce Chapter 585 to Division of      DACS
 inspection,                        and destruction in the event of a   Animal Industry, and 570.40 gives
 control, and                       declared emergency of               authority to enforce Chapter 502,
 eradication.                       diseased stocks. Also, specifies    regarding dairy cattle disease and
                                    limitations on payments to          sanitation, to Division of Dairy
                                    owners, concerns and duties         Industry. Section 585.61 provides for
                                    regarding handling of animals       diagnostic services by state
                                    with transmissible diseases, and    laboratories. It sets maximum fees of
                                    quarantine.                         $15 for any one diagnostic service,
                                                                        except that a necropsy analysis may
                                                                        exceed $15 but not exceed $70 (see
                                                                        "Livestock — Swine"
                                                                        [585.50–585.59] and "Poultry,
                                                                        meat"). Provides for diagnostic
                                                                        services by state laboratories to be
                                                                        established in Osceola and
                                                                        Suwannee Counties, and sets a
                                                                        maximum fee of $300 for any one of
                                                                        the services requested [585.61].


                                          G. Livestock — Proper Transportation
 Laws regulating    828.14          Requires transporters of            Violation is a second-degree            ANL
 proper                             livestock to provide food, water,   misdemeanor [775.082–775.083].          DACS
 transportation                     and attention for livestock being   See also "Cruelty to Animals"
 of livestock                       transported over 28 hours, and      [828.12], and prohibitions against
                                    requires that livestock not to be   killing or aggravated abuse of
                                    so crowded in transport that they   registered breed horses or cattle
                                    overlie, crush, wound, or kill      [828.125].
                                    each other.


                                                         H. Poultry
 1. Poultry, General
 Law authorizing    583.05          Allows DACS (and its divisions),    USDA grades and inspects for            ANL
 powers to                          on good and sufficient cause, to    sanitation of shell eggs, egg           DACS
 inspect and                        have free access at reasonable      products, and poultry production.       DFS
 condemn eggs,                      hours to inspect production         Division of Food Safety inspects        USDA
 egg products,                      facilities and restaurants for      shell eggs for consumption and
 and poultry                        compliance. Allows DACS to          dressed poultry brought into,
                                    issue stop-sale orders and to       produced, held, or sold in Florida,
                                    condemn or destroy unsound or       unless USDA has a full-time
                                    unsafe eggs or poultry.             inspector responsible for sanitation
                                                                        and safety of those products.
                                                                        Division of Animal Industry inspects
                                                                        shipments of live eggs for hatching
                                                                        and live poultry brought into or
                                                                        exported from Florida.
Handbook of Florida Agricultural Laws: Animal Husbandry                                                                       7

                                II. FLORIDA AGRICULTURAL LAWS: ANIMAL HUSBANDRY
 Title of Statute    Florida              General Description               Related References, Details,           Primary
 or Law (or          Statute                                                      and Exceptions                   Contact
 short               Number                                                                                        Agencies
 description)

 2. Poultry, Eggs
 Laws regulating     583.01 –       Specifies allowed means of           See section immediately above, and        DACS
 egg handling,       583.11         handling, refrigerating, labeling,   also see sections on disease,
 refrigeration,                     grading, and advertising eggs,       inspection, and foodstuffs.
 labeling,                          and provides penalties for
 advertising,                       violations.
 grades and
 standards, and
 shipping


 3. Poultry, Meat
 Laws regulating     583.01 &       Specifies allowed means of           See "Poultry, General" above. These       DACS
 poultry carcass     583.11 –       holding, labeling, grading, and      laws also prohibit sales of poultry not   USDA
 handling,           583.20         advertising poultry, prohibits       fit for human consumption [583.19]
 labeling,                          sale unless the part and grade       and require that poultry producers
 advertising,                       are clearly shown, and provides      dispose of dead poultry in a sanitary
 grades and                         penalties for violations.            disposal [583.181].
 standards, and
 shipping

 4. Poultry, Disease Control
 Laws regarding     585.01 –        Deals with vaccinations,             Section 585.61 provides for               ANL
 animal disease,    585.68          inspections, condemnations,          diagnostic services by state              BDL
 inspection,                        and destruction of diseased          laboratories to be established in         DACS
 control, and                       stocks; limits on payments to        Osceola and Suwannee Counties,
 eradication                        owners; concerns and duties          and sets a maximum fee of $300 for
                                    regarding handling of animals        any one of the services requested.
                                    with transmissible diseases; and
                                    quarantine.
                                                I. Sports Animals — Horses
 Laws regarding      555.24055      Prohibitions on using controlled                                               DACS
 controlled          – 550.26352    substances in race horses,
 substances and                     testing, and penalties, and on
 awards for race                    funds distributed to horsemen's
 horses                             associations, breeder's awards,
                                    minimum purse requirements,
                                    and owner's awards.
 Law regarding       773.01 –       Apart from certain exceptions,       Liability limitation exceptions for       DACS
 limitation of       773.05         eliminates liability to equine       horse racing industry: responsible
 liability for                      activity sponsor, professional, or   party knows/should know of faulty
 engaging in                        other person for death or injury     equipment/dangerous conditions,
 equine activities                  of a participant engaged in          failure to determine participant's
                                    equine activity.                     ability, committing act or omission in
                                                                         willful or wanton disregard for
                                                                         participant's safety, or intentionally
                                                                         injuring participant [773.03]. Also,
                                                                         requires posting notification signs of
                                                                         liability limitations [773.04].
Handbook of Florida Agricultural Laws: Animal Husbandry                                                                    8

                                II. FLORIDA AGRICULTURAL LAWS: ANIMAL HUSBANDRY
 Title of Statute    Florida               General Description              Related References, Details,        Primary
 or Law (or          Statute                                                      and Exceptions                Contact
 short               Number                                                                                     Agencies
 description)

 Law regarding       535.01 –        Requires licensing for public                                              DACS
 horse sales,        535.14          sale of thoroughbred horses,
 shows, and                          prohibits use of drugs in horses
 exhibitions                         prior to sale, and provides for
                                     inspection/testing of animals by
                                     DACS representatives.

 Law                 828.125         Provides that any person who       Conspiracy to commit such acts is       DACS
 criminalizing the                   willfully and unlawfully kills,    also a second-degree felony
 killing or                          maims, mutilates, or causes        [828.125(2)], and threatening to
 aggravated                          great bodily harm or permanent     commit such acts resulting in fear by
 abuse of                            breeding disability to a           owner of animal is a third-degree
 registered breed                    registered breed or hybrid horse   felony [828.125(3)].
 horses                              is guilty of a second-degree
                                     felony.

 Laws on the use     500.451         Requires plain and conspicuous     DACS may require separate facilities    ANL
 of horse meat                       labeling of horse and mule         for slaughter and storage of horse      FMI
 as food                             carcasses, and clear labeling of   carcasses and horse meat products,      DACS
 product                             horse meat for human               apart from slaughter and storage
                                     consumption.                       areas for other livestock.




                                                     Contact Agencies

 ANL                 Division of Animal Industry (DACS)
 BDL                 Bureau of Diagnostic Laboratories
 DACS                Florida Department of Agriculture and Consumer Services
 DAR                 Division of Dairy Industry (DACS)
 DFS                 Divison of Food Safety (DACS)
 FMI                 Bureau of Food and Meat Inspection, in Division of Food Safety (DACS)
 USDA                United States Department of Agriculture


 Division of Animal Industry (ANL)                               State Veterinarian
 407 South Calhoun Street                                        407 South Calhoun Street
 Tallahassee, FL 32399-0800                                      Tallahassee, FL 32399-0800
 (850) 410-0900 (voice)                                          (850) 410-099 [voice]
 (850) 487-3641 (fax)                                            (850) 487-3641 [fax]


 Bureau of Diagnostic Laboratories (BDL)                         Live Oak Diagnostic Laboratories (BDL)
 Post Office Box 458006                                          Post Office Drawer O
 2700 North John Young Parkway                                   912 Nobles Ferry Road
 Kissimmee, FL 34741-0460                                        Live Oak, FL 32060
 (407) 845-5200 [voice]                                          (904) 362-1216 [voice]
 (407) 846-5204 [fax]                                            (904) 364-3615 [fax]
Handbook of Florida Agricultural Laws: Animal Husbandry                        9

                                                   Contact Agencies

 Florida Department of Agriculture and Consumer Services (DACS)
 Office of the Commissioner
 The Capitol, PLIO
 Tallahassee, FL 32399-0800
 E-mail: commissioner@doacs.state.fl.us

 Division of Dairy Industry (DAR)
 Director
 Aministration Building, Room 31
 326 Conner Boulevard
 Tallahassee, FL 32399-1650
 (850) 487-1450 [voice]
 (850) 922-9444 [fax]

 Division of Food Safety (DFS)
 3125 Conner Boulevard, Suite D
 Tallahassee, FL 32399-1650
 (850) 488-0295 [voice]
 (850) 488-7946 [fax]
 E-mail: foodsafe@doacs.state.fl.us

 Bureau of Food and Meat Inspection (FMI)
 (904) 488-0295 [voice]
 (904) 488-7496 [fax]
 E-mail: foodinsp@doacs.state.fl.us

 United States Department of Agriculture (USDA)
 Call your local USDA office (see U.S. Government section of telephone book)
 or call the Gainesville office at (352) 374-5860

								
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