SENATE BILL 6274
State of Washington 52nd Legislature 1992 Regular Session
By Senator Barr; by request of Department of Agriculture
Read first time 01/23/92. Referred to Committee on Agriculture & Water Resources.
AN ACT Relating to animal health regulation; amending RCW 16.36.005, 16.36.010, 16.36.020, 16.36.050, 16.36.040, 16.36.060, 16.36.070, 16.36.080, and 16.36.100; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 16.36.005 and 1987 c 163 s 1 are each amended to read as follows:
As used in this chapter:
"Exotic wild animals" means terrestrial wild animals that are not native to Washington or have not been established in the state by wildlife agencies.
"Director" means the director of agriculture of the state of Washington or his authorized representative.
"Department" means the department of agriculture of the state of Washington.
"Garbage" means the solid animal and vegetable waste and offal together with the natural moisture content resulting from the handling, preparation, or consumption of foods in houses, restaurants, hotels, kitchens, markets, meat shops, packing houses and similar establishments or any other food waste containing meat or meat products.
"Veterinary biologic" means any virus, serum, toxin, and analogous product of natural or synthetic origin, or product prepared from any type of genetic engineering, such as diagnostics, antitoxins, vaccines, live microorganisms, killed microorganisms, and the antigenic or immunizing components intended for use in the diagnosis, treatment, or prevention of diseases in animals.
"Domestic animal" means any animal that is a farm animal or companion animal or both.
"Farm animal" means any domestic species of cattle, sheep, swine, goats, llamas, poultry, or horses that are normally and have historically been kept and raised on farms in the United States and used or intended for use as food, fiber, or breeding. This term also includes animals such as rabbits, mink, and chinchilla if they are used solely for the purposes of meat or fur, and animals such as horses and llamas if used solely as work and pack animals.
"Companion animal" means, but is not limited to, any animal such as dogs, cats, nonhuman primates, guinea pigs, hamsters, rabbits, ferrets, birds, llamas, pigs, or horses historically or recently associated with humans as pets, security, disability assistance, or for breeding, hunting, racing, riding, or other recreation.
Sec. 2. RCW 16.36.010 and 1927 c 165 s 2 are each amended to read as follows:
word "quarantine" as used in this act shall mean the placing and
restraining of any animal or animals by the owner or agents in charge thereof,
either within a certain described and designated enclosure or area within this
state, or the restraining of any such animal or animals from entering this
state, as may be directed in writing by the director of agriculture, or his or
her duly authorized representative. Any animal or animals so quarantined
within the state shall at all times be kept separate and apart from other ((
animals and not allowed to have anything in common therewith.
Sec. 3. RCW 16.36.020 and 1987 c 163 s 2 are each amended to read as follows:
The director shall have general supervision of the prevention of the spread and the suppression of infectious, contagious, communicable and dangerous diseases affecting animals within, in transit through and being imported into the state. The director may establish and enforce quarantine of and against any and all domestic animals, exotic wild animals, or native wildlife raised in captivity which are affected with any such disease or that may have been exposed to others thus affected, whether within or without the state, for such length of time as he or she deems necessary to determine whether any such animal is infected with any such disease. The director shall also enforce and administer the provisions of this chapter pertaining to garbage feeding and when garbage has been fed to swine, the director may require the disinfection of all facilities, including yard, transportation and feeding facilities, used for keeping such swine.
The director shall also have the authority to regulate the sale, distribution, and use of veterinary biologics in the state and may adopt rules to restrict the sale, distribution, or use of any veterinary biologic in any manner the director determines to be necessary to protect the health and safety of the public and the state's animal population.
Sec. 4. RCW 16.36.050 and 1979 c 154 s 11 are each amended to read as follows:
shall be unlawful for any person to intentionally falsely make, complete,
alter, use, or sign an animal health certificate, certificate of veterinary
inspection, or official written animal health instrument of the department of
agriculture. It shall be unlawful for any person, or any railroad or
transportation company, or other common carrier, to bring into this state for
any purpose any domestic animals, exotic wild animals, or native wildlife
raised in captivity without first having secured an official health
certificate or certificate of veterinary inspection, certified by the
state veterinarian of origin that such animals meet the health requirements ((
adopted by the director of agriculture of the state of Washington:
PROVIDED, That this section shall not apply to domestic animals imported into
this state for immediate slaughter, or domestic animals imported for the
purpose of unloading for feed, rest, and water, for a period not in excess of
twenty-eight hours except upon prior permit therefor secured from the director
of agriculture. It shall be unlawful for any person to divert en route for
other than to an approved, inspected stockyard for immediate slaughter or to
sell for other than immediate slaughter or to fail to slaughter within fourteen
days after arrival, any animal imported into this state for immediate
slaughter. It shall be unlawful for any person, railroad, transportation
company, or other common carrier, to keep any domestic animals which are
unloaded for feed, rest and water in other than quarantined pens, or not to
report any missing animals to the director of agriculture at the time the
animals are reloaded.
Sec. 5. RCW 16.36.040 and 1979 c 154 s 10 are each amended to read as follows:
director of agriculture shall have power to ((
and enforce such reasonable rules(( , regulations)) and orders as he or
she may deem necessary or proper to prevent the introduction or spreading
of infectious, contagious, communicable, or dangerous diseases affecting
domestic animals, exotic wild animals, or native wildlife raised in
captivity in this state, and to (( promulgate)) adopt and
enforce such reasonable rules(( , regulations)) and orders as he or
she may deem necessary or proper governing the inspection and test of all
animals within or about to be imported into this state, and to (( promulgate))
adopt and enforce intercounty embargoes and quarantine to prevent the
shipment, trailing, trucking, transporting, or movement of bovine
animals from any county that has not been declared modified accredited by the
United States department of agriculture, animal and plant health inspection
service, for tuberculosis and/or certified brucellosis-free, into a county (( which))
that has been declared modified accredited by the United States
department of agriculture, animal and plant health inspection service, for
tuberculosis and/or certified brucellosis-free, unless such animals are
accompanied by a negative certificate of tuberculin test made within sixty days
and/or a negative brucellosis test made within the forty-five day period prior
to the movement of such animal into such county, issued by a duly authorized
veterinary inspector of the state department of agriculture, or of the United
States department of agriculture, animal and plant health inspection service,
or an accredited veterinarian authorized by permit issued by the director of
agriculture to execute such certificate.
Sec. 6. RCW 16.36.060 and 1985 c 415 s 2 are each amended to read as follows:
shall be unlawful for any person to willfully hinder, obstruct, or
resist the director of agriculture or any duly authorized representative, or
any peace officer acting under him or her or them, when engaged in the
performance of the duties or in the exercise of the powers conferred by this
chapter, and it shall be unlawful for any person to willfully fail to
comply with or violate any rule((
, regulation)) or order (( promulgated))
adopted by the director of agriculture or his or her duly
authorized representatives under the provisions of this chapter. The director
of agriculture shall have the authority under such rules (( and regulations))
as shall be (( promulgated)) adopted by (( him)) the
director to enter at any reasonable time the premises of any (( livestock))
domestic animals, exotic wild animals, or native wildlife raised in
captivity owner to make tests on any animals for diseased conditions, and
it shall be unlawful for any person to interfere with such tests in any manner,
or to violate any segregation or identification order made in connection with
such tests by the director of agriculture, or his or her duly authorized
Sec. 7. RCW 16.36.070 and 1947 c 172 s 6 are each amended to read as follows:
Whenever a majority of any board of health, board of county commissioners, city council or other governing body of any incorporated city or town, or trustees of any township, whether in session or not, shall, in writing or by telegraph, notify the director of agriculture of the prevalence of or probable danger of infection from any of the diseases of domestic animals, exotic wild animals, or native wildlife raised in captivity the director of agriculture personally, or by the supervisor of dairy and livestock, or by a duly appointed and deputized veterinarian of the division of dairy and livestock, shall at once go to the place designated in said notice and take such action as the exigencies may in his or her judgment demand, and may in case of an emergency appoint deputies or assistants, with equal power to act. The compensation to be paid such emergency deputies and assistants, shall be fixed by the director of agriculture in conformity with the standards effective in the locality in which the services are performed.
Sec. 8. RCW 16.36.080 and 1947 c 172 s 7 are each amended to read as follows:
It shall be unlawful for any person registered to practice veterinary medicine, surgery and dentistry in this state not to immediately report in writing to the director of agriculture the discovery of the existence or suspected existence among domestic animals, exotic wild animals, or native wildlife raised in captivity within the state of any reportable diseases as published by the director of agriculture.
Sec. 9. RCW 16.36.100 and 1927 c 165 s 10 are each amended to read as follows:
The governor and the director of agriculture shall have the power to cooperate with the government of the United States in the prevention and eradication of diseases of domestic animals, exotic wild animals, or native wildlife raised in captivity and the governor shall have the power to receive and receipt for any moneys receivable by this state under the provisions of any act of congress and pay the same into the hands of the state treasurer as custodian for the state to be used and expended in carrying out the provisions of this act and the act or acts of congress under which said moneys are paid over to the state.