Current through Reg. 50, No. 187; September 24, 2024
(1) Definitions:
(a) Alligator meat - raw boned white meat or
dark meat; skinned, whole alligator carcasses; and skinned alligator carcass
parts (bone-in legs, "wings," ribs, and tails), not to include alligator
hide.
(b) Process - skinning or
butchering an alligator, or packaging the alligator meat or other
parts.
(c) Tamper-evident package -
a package that is permanently and noticeably altered if opened.
(2) Alligator meat from legally
acquired alligators that is not discarded and not processed for sale by a
permitted alligator processing facility, or not prepared for immediate
consumption shall be packaged and labeled to include "NOT FOR SALE," the CITES
tag number(s) and corresponding license holder's name in permanent ink.
(a) Alligator meat not for sale is not
required to be processed in a permitted alligator processing
facility.
(b) Legally harvested
alligators may be processed by anyone in lawful possession of the
carcass.
(3) Alligator
meat from alligators that have harvest tags affixed bearing the word "MERCURY"
may not be sold for human consumption. If the meat is not discarded, the
packaging shall be permanently and visibly labeled "NOT FOR SALE, Recommend:
NOT FOR HUMAN CONSUMPTION" in addition to the labeling requirements of
subsection (2) or (7) of this rule, as applicable.
(4) Alligator meat may only be sold if
legally imported as provided in subsection (9), below, or if processed in a
permitted alligator processing facility and packaged in the same facility as
provided in subsection (7), below.
(5) Alligator processing facilities may be
established and operated only under permit from the executive director and
shall be licensed as required by Section
379.3751, F.S. The criteria for
issuance of an alligator processing facility permit are as follows:
(a) Persons may indicate their intent to
establish an alligator processing facility when submitting their alligator
trapping, alligator farming, or alligator processing license application. If
already licensed under Section
379.3751, F.S., they may submit
a written request for an alligator processing facility permit to the Commission
at least 30 days prior to the proposed date of operation. Such application or
written request shall include a copy of the current food permit from the
Department of Agriculture and Consumer Services for the proposed
facility.
(b) The executive
director shall not issue an alligator processing facility permit or shall
revoke said permit for any person who has been convicted of any violation of
Section 379.409 or
379.3015, F.S., or the rules of
the Commission relating to the illegal taking of any crocodilian species:
1. For five (5) years following such
conviction, or
2. For ten (10)
years following, if such conviction involves the taking of an endangered
crocodilian species.
(6) Provisions for the operation of alligator
processing facilities:
(a) Alligator
processing facility permittees and their designated employees as provided by
permit may receive and possess legally acquired, unskinned alligator carcasses
and alligator meat. The unskinned alligator carcasses must have attached the
CITES tag and, if applicable, the harvest tag bearing the word "MERCURY" for
processing.
(b) For alligators
taken pursuant to Rules
68A-25.003,
68A-25.032,
68A-25.042, and
68A-25.049, F.A.C., the
alligator harvest report form (FWC form 1001AT, as referenced in
sub-subparagraph 68A-25.049(2)(a)
5.c., F.A.C.) shall be completed and signed immediately upon receipt, and shall
be further completed upon processing to indicate the amount of alligator meat
packaged. A copy of the harvest report form shall accompany the carcass until
processing.
(c) Written records of
the number, source, CITES tag number(s), and disposition of all unskinned
alligator carcasses and alligator meat received, bought, sold, or transferred,
including copies of corresponding Alligator Harvest Report Forms (FWC form
1001AT), shall be maintained for a period of one year following sale, transfer,
or disposal of the carcass, meat, hides, or parts thereof.
(d) Commission personnel shall be granted
access to any permitted facility to collect biological specimens from and data
on any alligators possessed under this subsection, provided that specimens
shall only be collected when necessary for the management of the
species.
(e) Processing and storage
facilities and all Commission required records shall be subject to inspection
by Commission personnel during reasonable hours.
(f) For alligator carcass parts not meeting
the definition of alligator meat as specified in paragraph (1)(a), above,
written records, including a description, number, source, CITES tag number(s),
and disposition, of those parts that are received, bought, sold, or
transferred, including copies of corresponding Alligator Harvest Report Forms
(FWC form 1001AT), shall be maintained for a period of one year following sale,
transfer, or disposal. These parts include, but are not limited to, alligator
heads and feet.
(7)
Packaging and labeling requirements for permitted alligator processing
facilities:
(a) All alligator meat that has
been processed or re-processed for sale shall be packaged in a tamper-evident
package. Each package shall be permanently labeled to indicate:
1. The name and license number of the
processor that processed the alligator(s);
2. The corresponding CITES tag number(s) from
the alligator(s) from which the meat was taken;
3. The date packaged;
4. The number of pounds of meat
enclosed;
5. A description of the
contents that includes the type(s) of meat and number of pieces, if other than
boned white or dark meat; and
6.
The total weight of the package at time of final packaging.
(b) Each package and label shall
be used only one time.
(c)
Notwithstanding the packaging requirements detailed in subparagraph (7)(a)2.,
above, a unique lot number can be used on the label of each package in lieu of
a CITES tag number(s) for a given day of processing. A record of the CITES tag
number(s) associated with each unique lot number must be maintained by the
alligator processing facility permittee for a period of one year following the
sale, transfer, or disposal of all packaged products associated with a given
unique lot number.
(8)
Provisions for the sale, transfer, and purchase of alligator meat:
(a) Written records of all sales, transfers,
and purchases, with the exception of retail sales to the customer, shall be
maintained for a period of one year following sale, and shall include the name
of the seller and buyer, date of sale, and amount sold. Such records shall be
open to inspection by Commission personnel during reasonable hours.
(b) All alligator meat shall remain in the
original package until re-processed or prepared for consumption.
(c) Packages containing lawfully acquired
alligator meat packaged and labeled in accordance with this rule may be shipped
or transferred in intrastate or interstate commerce.
(9) Provisions for the importation of
alligator meat to Florida:
(a) Imported
alligator meat shall be acquired and processed in accordance with the
applicable health and sanitation requirements and laws of the state of
origin.
(b) Imported alligator meat
shall be shipped in a tamper-evident package. Each package shall be permanently
labeled to indicate:
1. The state/country of
origin;
2. The name and license
number, if required by the state/country of origin, of the processor who
processed the alligator(s);
3. The
corresponding CITES tag number(s) from the alligator(s) from which the meat was
taken;
4. The date
packaged;
5. The number of pounds
of meat enclosed;
6. A description
of the contents that includes the type(s) of meat and number of pieces, if
other than boned white or dark meat; and
7. The total weight of the package at time of
shipping.
(10)
Provisions for cutting raw alligator hides into pieces:
(a) Only the following persons who possess
legally-acquired, untanned alligator hides with CITES tags affixed may cut
those hides into pieces:
1. Persons licensed
pursuant to Section 379.3751, F.S., as alligator
farmers and their licensed alligator farming agents;
2. Persons licensed pursuant to Section
379.3751, F.S., as alligator
meat processors and their employees; and
3. Persons licensed pursuant to Section
379.364, F.S., as alligator hide
buyers and their employees.
(b) Whole hides may be cut into a maximum of
four (4) pieces for further processing.
1. For
hides resulting from belly-skinned alligators (i.e., whole hides that have the
belly portion intact), the hide may be cut into either two (2) flanks or
chaleco, as well as belly, and tail, hereinafter referred to as "hide
piece(s)." All remaining portions of the originating hide shall be
destroyed.
2. For hides resulting
from hornback-skinned alligators (i.e., whole hides that have been cut through
the middle of the belly portion), the hide may be cut into either two (2)
flanks (each including a portion of the belly) or chaleco, as well as tail, and
back, hereinafter referred to as "hide piece(s)." All remaining portions of the
originating hide shall be destroyed.
(c) For alligator hide pieces that are not
intended for exporting from the United States, the following shall apply.
1. The licensed alligator farmer, alligator
meat processor, or alligator hide buyer shall provide the Commission with at
least a 48-hour notice of intent to cut a CITES-tagged hide(s) into pieces
indicating the date when the hide(s) will be cut. The hide cutting process may
occur for up to two (2) days under the notice of intent. Any additional days
needed to complete the hide cutting process shall proceed only after obtaining
prior written approval from the Commission.
2. Only tamperproof tags approved by the
Commission and supplied by the licensed alligator farmer, alligator meat
processor, or alligator hide buyer for affixing to hide pieces may be used for
tagging hide pieces, with each such tag bearing the name of the licensed
alligator farmer, alligator meat processor, or alligator hide buyer, a unique,
non-repeating serial number, and the word "Florida" or the letters
"FL".
3. Each hide piece, once cut,
shall immediately have affixed thereto a tag as prescribed in subparagraph
8(c)2., above, and the tag's serial number recorded in association with the
originating hide's CITES tag number and the type of hide piece cut (flank,
belly, tail, back, or chaleco). Each chaleco hide piece shall have a
Commission-approved tamperproof tag affixed on each flank. Each tail hide piece
shall retain affixed thereto the CITES tag of the originating hide. A CITES tag
or Commission-approved tamperproof tag shall remain affixed to the hide piece
until the hide piece is destroyed, tanned, taxidermy mounted, or exported from
the state.
4. All documentation
required by subparagraph 8(c)3., above, shall be provided to the Commission
within seven (7) days of completion of the hide cutting process.
(d) For alligator hide pieces that
are intended for exporting from the United States, the following shall apply.
1. The licensed alligator farmer, alligator
meat processor, or alligator hide buyer shall provide the Commission with at
least a 14-day notice of intent to cut a CITES-tagged hide(s) into pieces
indicating the date when the hide(s) will be cut and the number of pieces the
hide(s) will be cut. The hide cutting process may occur for up to two (2) days
under the notice of intent. Any additional days needed to complete the hide
cutting process shall proceed only after obtaining prior written approval from
the Commission.
2. The Commission
shall issue the licensed alligator farmer, alligator meat processor, or
alligator hide buyer the corresponding number of CITES tags equal to the number
of hide pieces indicated on the notice of intent.
3. Each hide piece, once cut, shall
immediately have affixed thereto a CITES tag provided pursuant to subparagraph
8(d)2., above, and the tag's serial number recorded in association with the
originating hide's CITES tag number and the type of hide piece cut (flank,
belly, tail, back, or chaleco). Each chaleco hide piece shall have a
Commission-issued CITES tag affixed on each flank. A CITES tag shall remain
affixed to the hide piece until the hide piece is destroyed, tanned, taxidermy
mounted, or exported from the state.
The Commission-provided CITES tag shall remain affixed to the
hide piece until the hide piece is tanned, taxidermy mounted, or exported from
the state.
4. All
documentation in compliance with subparagraph 8(d)3., above, shall be provided
to the Commission within seven (7) days of completion of the hide cutting
process along with any issued CITES tags that were not used.
5. Each tail or back hide piece shall be
packaged as follows:
a. Packed in a
transparent, sealed container.
b.
Each container must be clearly marked with a non-reusable parts tag or label
that includes all of the following information: a description of the contents,
the total weight (contents and container), the number of the CITES tag from the
originating hide and the US-CITES logo, the letters "FL", a unique serial
number, and the U.S. Fish and Wildlife Service species code "MIS."
(e) Written records of
the number, source, and disposition of all alligator hide pieces produced under
this Rule that are retained, bought, sold, received, or transferred by licensed
alligator farmers, alligator meat processors, or alligator hide buyers shall be
maintained for a period of one year.
(11) The feet, viscera, head, or skeletal
parts of lawfully acquired alligators may be retained or transferred provided
that all transfers, with the exception of retail sales to the consumer, shall
be documented in writing to indicate the kind and quantity of items and date
transferred and the name and address of each recipient, and such records shall
be maintained for a period of one year.
(12) Manufactured goods wholly or partly
composed of alligator hide, organs, teeth, or skull, or other skeletal material
may only be sold in accordance with provisions of Rule
68A-25.002, F.A.C.
(13) These requirements shall not be
construed to supersede the regulatory authority of any federal, state or local
entity regarding the processing or handling of food products, but shall be
deemed supplemental thereto. Alligators processed hereunder shall be handled
and processed in compliance with all applicable sanitation and permit
requirements of the Florida Department of Agriculture and Consumer Services,
the county health department of the county in which the facility is located,
and any other federal, state, or local authorities.
Rulemaking Authority Art. IV, Sec. 9, Fla. Const. Law
Implemented Art. IV, Sec. 9, Fla. Const.,
379.3012,
379.3751
FS.
New 5-5-88, Amended 2-14-89, 4-11-90, 4-1-96, 9-15-96,
6-1-97, 4-12-98, 4-15-99, Formerly 39-25.052, Amended 4-30-00, 3-30-06,
9-13-20, 7-16-23, 4-24-24.
