BILL REQ. #:  H-3712.1 

Read first time 01/24/12.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to animal care standards; and adding a new chapter to Title 16 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Applicable local authority" means either a local law enforcement professional or an entity designated by a local government to investigate violations of this chapter or other animal care issues.
     (2) "Board" means the livestock care standards board created in section 2 of this act.
     (3) "Custody" means a person has immediate charge and control of animal, not necessarily ownership, with implicit responsibility for the protection and care of the animal.
     (4) "Department" means the department of agriculture.
     (5) "Director" means the director of the department of agriculture.
     (6) "Livestock" has the same definition as in RCW 16.57.010.
     (7) "Person responsible for the caring for livestock or poultry" means any person with custody of the livestock or poultry.
     (8) "Poultry" means farm-raised birds, such as:
     (a) Chickens;
     (b) Turkeys;
     (c) Ducks;
     (d) Geese; and
     (e) Guinea fowl.
     (9) "Production method" means how the animals are raised.
     (10) "Shelter" means any man-made structure or natural feature that provides protection from the elements, such as a barn, shed, or lean-to, and trees, bushes, or topographical features.

NEW SECTION.  Sec. 2   (1) The livestock care standards board is created and authorized to adopt minimal standards governing the care of livestock and poultry. All standards must be adopted in rule consistent with chapter 34.05 RCW.
     (2) The board is composed of up to twelve individuals appointed by the director and must include the voting participation of the state veterinarian. The state veterinarian must serve as the chair of the board.
     (3) In making appointments to the board, the director must ensure that there are participating qualified experts for each major species represented in the livestock industry and at least two individuals who are considered to be consumer advocates.
     (4) In adopting animal care standards, the board must consider:
     (a) The health and husbandry of livestock and poultry;
     (b) Generally accepted farm management practices;
     (c) Generally accepted veterinarian standards and practices; and
     (d) The economic impact the standards may have on livestock and poultry farmers, the affected livestock and poultry industry, and consumers.
     (5) Staff support to the board must be provided by the department.
     (6) Members of the board receive no compensation but may be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

NEW SECTION.  Sec. 3   A person responsible for caring for livestock or poultry must provide the animals access to food and water that can reasonably be expected to maintain the health of animals of that species, breed, sex, and age, raised using the applicable production method.

NEW SECTION.  Sec. 4   A person responsible for caring for livestock or poultry must provide the animals access to sufficient shelter from the weather when it can reasonably be expected to be necessary to maintain the health of animals of that species, breed, sex, and age, raised using the applicable production method.

NEW SECTION.  Sec. 5   (1) A person responsible for caring for livestock or poultry must take reasonable measures to protect the animals from injury or disease that can reasonably be expected to seriously endanger the life or health of animals of that species, breed, sex, and age, raised using the applicable production method.
     (2) A person responsible for caring for livestock or poultry with an injury or disease that seriously endangers the life or health of the animal must either:
     (a) Provide treatment that can reasonably be expected to be sufficient for animals of that species, breed, sex, and age, raised using the applicable production method; or
     (b) Euthanize the animal.

NEW SECTION.  Sec. 6   A person responsible for caring for livestock or poultry must provide the animals with an environment that can reasonably be expected to maintain the health of animals of that species, breed, sex, and age, raised using the applicable production method.

NEW SECTION.  Sec. 7   A person handling, restraining, or transporting livestock or poultry must use methods and equipment that can reasonably be expected to prevent an injury that would endanger the life or health of animals of that species, breed, sex, and age, raised using the applicable production method.

NEW SECTION.  Sec. 8   (1) This chapter does not apply to the care of livestock and poultry used by a research facility that is regulated by the United States department of agriculture under the federal animal welfare act (7 U.S.C. Sec. 2131 et seq. and 9 C.F.R. Part 2, Subpart C).
     (2) There is no violation of this chapter if:
     (a) A person is unable to provide the required care due to an act of nature, such as a natural disaster; or
     (b) Care is provided or withheld in a manner prescribed by a veterinarian.

NEW SECTION.  Sec. 9   (1) Violations of this chapter, or of the standards adopted by the board under section 2 of this act, are enforceable by the department or by an applicable local authority. However, no investigations or enforcement actions may be initiated unless the violation in question was the subject of a complaint made to either the department or the applicable local authority.
     (2) If an investigation uncovers violations of this chapter or of the standards adopted by the board under section 2 of this act, then the department or applicable local authority may:
     (a) Notify the state veterinarian and work with the state veterinarian to determine if on-site care or mitigation is a reasonable option to correct the identified deficiencies; or
     (b) Seize and remove any animals if the conditions existing have the potential to being injurious to the immediate health of animals or humans.
     (3) Upon being notified of an enforcement action under this chapter, the state veterinarian must review the circumstances of the alleged complaint and resulting investigation and make recommendations to mitigate the animal welfare or neglect issue. The state veterinarian may also recommend that the underlying issue be forwarded to the appropriate law enforcement agency for prosecution as an animal cruelty event under chapter 16.52 RCW.

NEW SECTION.  Sec. 10   Sections 1 through 9 of this act constitute a new chapter in Title 16 RCW.