Fla. Admin. Code R. 68A-25.052

Current through Reg. 50, No. 217; November 5, 2024
Section 68A-25.052 - Regulations Governing the Processing of Alligators and Sale of Alligator Meat, Carcasses, and Parts
(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.

Fla. Admin. Code Ann. R. 68A-25.052

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, Amended by Florida Register Volume 46, Number 171, September 1, 2020 effective 9/13/2020, Amended by Florida Register Volume 49, Number 129, July 5, 2023 effective 7/16/2023, Amended by Florida Register Volume 50, Number 070, April 9, 2024 effective 4/24/2024.

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.