Department of Agriculture and Forestry
Office of Animal Health and Food Safety
Turtles (LAC 7:XXI.Chapter 19)
In accordance with the Administrative Procedure Act, R.S. 49:950, et seq., notice is hereby given that the Department of Agriculture and Forestry (Department) intends to amend LAC 7:XXI.Chapter 19 relative to turtles in Louisiana. The proposed rule change codifies Act 69 of the 2017 Regular Legislative Session related to turtle farming to include deleting certain requirements for the export of turtles, updating the requirements for licensure as a certified turtle farmer, updating the requirements for turtle farms, and updating the language on inspections. Furthermore, the proposed rule change removes certain turtle egg treatment methods that are obsolete, eliminates certain food and water inspection requirements, repeals a prohibition on the sale of eggs originating outside of Louisiana, and makes additional technical and clarifying changes.
Title 7
AGRICULTURE AND ANIMALS
Part XXI. Animals and Animal Health
Chapter 19. Turtles
Agent an authorized representative of the Department of Agriculture and Forestry.
Certified Laboratory a laboratory which has a current certification or accreditation by the Federal Food and Drug Administration or other national certifying or accrediting agency to perform microbiological or residue testing of organic or inorganic samples and has a microbiologist on staff, and has been approved by the Department of Agriculture and Forestry.
Certified Turtle Farmer a Louisiana individual, partnership, corporation or entity engaged in the breeding, hatching, propagating, raising, growing, receiving, shipping, transporting, exporting, distribution or sale of farm raised turtles and which have been licensed by the Department of Agriculture and Forestry.
Chain of Custody Form a document approved by the department which verifies species, destination, origin, and turtle lot and which is used for transporting turtles within the state of Louisiana only.
Department the Department of Agriculture and Forestry.
Exporter a person who is licensed by the U.S. Fish and Wildlife Service to engage in the business of exporting groups of turtles or groups of turtle eggs.
Farm-Raised Turtle any reptile of the order Testudines which is bred, born, raised, or kept, by a licensed turtle farmer within a closed circumscribed pond for the purpose of buying, selling, or trading in commerce.
Farmer-Exporter a certified turtle farmer that is also licensed by the U.S. Fish and Wildlife Service to engage in the business of exporting groups of turtles or groups of turtle eggs.
Health Certificate a document which certifies that the turtles or turtle eggs are free of visible signs of infectious, contagious or communicable disease, and which is signed by a veterinarian who is licensed in this state, federally accredited and approved by the Department of Agriculture and Forestry.
Licensed Turtle Farmer a person engaged in the collection, hatching, sale or distribution of farm raised turtles or turtle eggs.
Person any individual, partnership, association, organization, or corporation engaged in any phase of the farm raised turtle industry.
Quarantined Area any area or premises which has been designated as quarantined by the department due to a finding of contamination with Salmonella spp., or other bacteria harmful to other turtles or humans by a Louisiana licensed, accredited veterinarian or agent of the department.
Turtle Farm any area of land or water used to breed, raise or keep farm-raised turtles.
Turtle Lot any amount of turtles or eggs up to 20,000 in number, and may be used interchangeably with the term turtle group.
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AUTHORITY NOTE: Promulgated in accordance with R.S. 3:2358.2.
HISTORICAL NOTE: Promulgated by the Department of Agriculture, Office of Animal Health Services, LR 12:224 (April 1986), amended by the Department of Agriculture and Forestry, Office of Animal Health Services, LR 17:350 (April 1991), amended by the Department of Agriculture and Forestry, Office of the Commissioner, LR 26:1567 (August 2000), amended by the Department of Agriculture and Forestry, Livestock Sanitary Board, LR 31:2210 (September 2005), repromulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety and the Board of Animal Health, LR 40:978 (May 2014), amended by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety, LR 44:
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:2358.2.
HISTORICAL NOTE: Promulgated by the Department of Agriculture and Forestry, Office of the Commissioner, LR 26:1567 (August 2000), repromulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety and the Board of Animal Health, LR 40:979 (May 2014), amended by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety, LR 44:
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:2358.2.
HISTORICAL NOTE: Promulgated by the Department of Agriculture, Office of Animal Health Services, LR 12:224 (April 1986), amended by the Department of Agriculture and Forestry, Office of Animal Health Services, LR 17:350 (April 1991), amended by the Department of Agriculture and Forestry, Office of the Commissioner, LR 26:1568 (August 2000), repromulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety and the Board of Animal Health, LR 40:979 (May 2014), amended by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety, LR 44:
Repealed.
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:2358.2, 3:2358.9, 3:2358.10 and 3:2358.12.
HISTORICAL NOTE: Promulgated by the Department of Agriculture and Forestry, Office of Animal Health Services, LR 17:351 (April 1991), amended by the Department of Agriculture and Forestry, Office of the Commissioner, LR 26:1568 (August 2000), amended by the Department of Agriculture and Forestry, Livestock Sanitary Board, LR 31:2210 (September 2005), repromulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety and the Board of Animal Health, LR 40:980 (May 2014), repealed by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety, LR 44:
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:2358.2 and 3:2358.
HISTORICAL NOTE: Promulgated by the Department of Agriculture and Forestry, Office of Animal Health Services, LR 17:351 (April 1991), amended by the Department of Agriculture and Forestry, Office of the Commissioner, LR 26:1569 (August 2000), repromulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety and the Board of Animal Health, LR 40:980 (May 2014), amended by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety, LR 44:
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:2358.2 and 3:2358.7.
HISTORICAL NOTE: Promulgated by the Department of Agriculture and Forestry, Office of Animal Health Services, LR 17:351 (April 1991), amended by the Department of Agriculture and Forestry, Office of the Commissioner, LR 26:1569 (August
2000), repromulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety and the Board of Animal Health, LR 40:981 (May 2014), amended by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety, LR 44:
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:2358.2.
HISTORICAL NOTE: Promulgated by the Department of Agriculture and Forestry, Office of Animal Health Services, LR 17:351 (April 1991), amended by the Department of Agriculture and Forestry, Office of the Commissioner, LR 26:1570 (August 2000), LR 30:1445 (July 2004), amended by the Department of Agriculture and Forestry, Livestock Sanitary Board, LR 31:2210 (September 2005), repromulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety and the Board of Animal Health, LR 40:981 (May 2014), amended by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety, LR 44:
Repealed.
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:2358.2, 3:2358.9 and 3:2358.10.
HISTORICAL NOTE: Promulgated by the Department of Agriculture, Office of Animal Health Services, LR 17:352 (April 1991), amended by the Department of Agriculture and Forestry, Office of the Commissioner, LR 26:1570 (August 2000), amended by the Department of Agriculture and Forestry, Livestock Sanitary Board, LR 31:2211 (September 2005), repromulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety and the Board of Animal Health, LR 40:981 (May 2014), repealed by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety, LR 44:
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:2358.2,
HISTORICAL NOTE: Promulgated by the Department of Agriculture and Forestry, Office of Animal Health Services, LR 17:352 (April 1991), amended by the Department of Agriculture and Forestry, Office of the Commissioner, LR 26:1570 (August 2000), repromulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety and the Board of Animal Health, LR 40:981 (May 2014), amended by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety, LR 44:
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:2358.2 and 3:2358.7.
HISTORICAL NOTE: Promulgated by the Department of Agriculture and Forestry, Office of Animal Health Services, LR 17:352 (April 1991), amended by the Department of Agriculture and Forestry, Office of the Commissioner, LR 26:1570 (August 2000), repromulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety and the Board of Animal Health, LR 40:982 (May 2014), amended by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety, LR 44:
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:2358.2 and 3:2358.4.
HISTORICAL NOTE: Promulgated by the Department of Agriculture and Forestry, Office of Animal Health Services, LR 17:352 (April 1991), amended by the Department of Agriculture and Forestry, Office of the Commissioner, LR 26:1571 (August 2000), repromulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety and the Board of Animal Health, LR 40:982 (May 2014), amended by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety, LR 44:
Repealed.
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:2358.2, 3:2358.9 and 3:2358.10.
HISTORICAL NOTE: Promulgated by the Department of Agriculture, Office of Animal Health Services, LR 17:353 (April 1991), amended by the Department of Agriculture and Forestry, Office of the Commissioner, LR 26:1571 (August 2000), amended by the Department of Agriculture and Forestry, Livestock Sanitary Board, LR 31:2211 (September 2005), repromulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety and the Board of Animal Health, LR 40:983 (May 2014), repealed by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety, LR 44:
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:2358.2.
HISTORICAL NOTE: Promulgated by the Department of Agriculture and Forestry, Office of Animal Health Services, LR 17:353 (April 1991), amended by the Department of Agriculture and Forestry, Office of the Commissioner, LR 26:1571 (August 2000), repromulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety and the Board of Animal Health, LR 40:983 (May 2014), amended by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety, LR 44:
Repealed.
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:2358.2.
HISTORICAL NOTE: Promulgated by the Department of Agriculture and Forestry, Office of Animal Health Services, LR 17:353 (April 1991), amended by the Department of Agriculture and Forestry, Office of the Commissioner, LR 26:1571 (August 2000), repromulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety and the Board of Animal Health, LR 40:983 (May 2014), repealed by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety, LR 44:
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:2358.2 and 3:2358.14.
HISTORICAL NOTE: Promulgated by the Department of Agriculture, Office of Animal Health Services, LR 12:225 (April 1986), amended by the Department of Agriculture and Forestry, Office of Animal Health Services, LR 17:353 (April 1991), amended by the Department of Agriculture and Forestry, Office of the Commissioner, LR 26:1572 (August 2000), repromulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety and the Board of Animal Health, LR 40:983 (May 2014), amended by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety, LR 44:
Repealed.
AUTHORITY NOTE: Promulgated in accordance with R.S. 3:2358.2.
HISTORICAL NOTE: Promulgated by the Department of Agriculture, Livestock Sanitary Board, LR 11:247 (March 1985), amended LR 11:615 (June 1985), amended by the Department of Agriculture and Forestry, Office of Animal Health Services, LR 17:353 (April 1991), amended by the Department of Agriculture and Forestry, Office of the Commissioner, LR 26:1572 (August 2000), repromulgated by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety and the Board of Animal Health, LR 40:984 (May 2014), repealed by the Department of Agriculture and Forestry, Office of Animal Health and Food Safety, LR 44:
Family Impact Statement
The proposed Rule does not have any known or foreseeable impact on family formation, stability, and autonomy. In particular, the proposed Rule has no known or foreseeable impact on:
Poverty Impact Statement
The proposed Rule does not have any known or foreseeable impact on any child, individual or family as defined by R.S. 49:973(B). In particular, there should be no known or foreseeable effect on:
Small Business Analysis
The proposed Rule will have no adverse impact on small businesses as defined in the Regulatory Flexibility Act.
Provider Impact Statement
The proposed Rule does not have any known or foreseeable impact on providers as defined by HCR 170 of the 2014 Regular Legislative Session. In particular, there should be no known or foreseeable effect on:
Public Comments
Interested persons may submit written comments via the U.S. mail or hand delivery to John Walther, Assistant Commissioner of Animal Health and Food Safety, Department of Agriculture & Forestry, 5825 Florida Blvd., Suite 4001, Baton Rouge, LA 70806. Public comments must be received no later than 4 p.m. on October 10, 2018. No preamble is available.
Mike Strain, DVM
Commissioner
FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES
RULE TITLE: Turtles
The proposed rule change will not result in any costs or savings to state or local governmental units. The proposed rule change codifies Act 69 of the 2017 Regular Legislative Session related to turtle farming to include deleting certain requirements for the export of turtles, updating the requirements for licensure as a certified turtle farmer, updating the requirements for turtle farms, and updating the language on inspections. Furthermore, the proposed rule change removes certain turtle egg treatment methods that are obsolete, eliminates certain food and water inspection requirements, repeals a prohibition on the sale of eggs originating outside of Louisiana, and makes additional technical and clarifying changes.
The proposed rule change will have no effect on revenue collections of state or local governmental units.
III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)
The proposed rule change will result in decreased costs for licensed turtle famers by eliminating the requirement of egg immersion and removing certain inspection, health certification, and testing requirements.
The proposed rule change will allow Louisiana licensed turtle farmers to be more competitive in international markets. Current rules require a health certificate and certified laboratory report to accompany all international shipments, irrespective of whether the country of destination requires the same. Louisiana is the only state in the nation with these exit requirements in lieu of following the entry requirements for the country of destination. By eliminating these requirements, Louisiana turtle farmers will no longer be subject to this trade disadvantage.
Dane Morgan | Evan Brasseaux |
Assistant Commissioner | Staff Director |
1809#055 |