AN ACT Relating to livestock; amending RCW 16.36.030, 16.36.060, 16.36.090, 16.36.095, 16.36.096, 16.49.440, 16.49.510, 16.49.610, 16.57.240, 16.65.080, and 16.65.320; adding new sections to chapter 16.49 RCW; repealing RCW 16.49A.490, 16.49A.500, and 16.49A.510; and prescribing penalties.

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

Sec. 1. Section 3, chapter 165, Laws of 1927 as last amended by section 9, chapter 154, Laws of 1979 and RCW 16.36.030 are each amended to read as follows:

It shall be unlawful for the owner or owners of any animal quarantined, or their agents or employees, to fail to place the quarantined animals within the certain described and designated enclosure or area within this state, to break such quarantine or to move, or allow to be moved, any such animal from within the quarantined area, or across the quarantined line, as established, or to sell, exchange or in any other way part with the products of such animals, without first obtaining a permit in writing from the director of agriculture, or his duly authorized representative. Any owner or owners of any quarantined animal or any agent of such owner or owners, who fails to comply with or violates any such quarantine or who negligently allows any such quarantined animal to escape from quarantine, and any other person who removes any quarantined animal from such quarantine shall be guilty of a gross misdemeanor.

Sec. 2. Section 6, chapter 165, Laws of 1927 as last amended by section 12, chapter 154, Laws of 1979 and RCW 16.36.060 are each amended to read as follows:

It shall be unlawful for any person to wilfully hinder, obstruct, or resist the director of agriculture or any duly authorized representative, or any peace officer acting under him 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 wilfully fail to comply with or violate any rule, regulation or order promulgated by the director of agriculture or his 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 by him to enter at any reasonable time the premises of any livestock 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 duly authorized representative.

Sec. 3. Section 9, chapter 165, Laws of 1927 as last amended by section 13, chapter 154, Laws of 1979 and RCW 16.36.090 are each amended to read as follows:

Whenever in the opinion of the director of agriculture, upon the report of the ((~~supervisor or a duly appointed and qualified veterinarian of the division of animal industry~~)) state veterinarian, the public welfare demands the destruction of any animal found to be affected with any infectious, contagious, communicable or dangerous disease, or held under quarantine for brucellosis when the owner of the animal fails or refuses to follow a herd plan established by the state veterinarian, he shall be authorized to, by written order, direct such animal or animals to be destroyed by or under the direction of the ((~~supervisor or a duly appointed and qualified veterinarian of the division of animal industry~~)) state veterinarian.

Sec. 4. Section 2, chapter 160, Laws of 1957 as last amended by section 23, chapter 3, Laws of 1983 and RCW 16.36.095 are each amended to read as follows:

The director of agriculture may condemn for slaughter any bovine animals which are infected with a highly contagious or communicable disease((~~, other than tuberculosis and brucellosis,~~)) and pay indemnity therefor in accordance with the provisions of RCW 16.40.060: PROVIDED, That the director shall first ascertain that the best interests of the livestock industry and general public will be served thereby.

Sec. 5. Section 1, chapter 8, Laws of 1963 ex. sess. and RCW 16.36.096 are each amended to read as follows:

The director of agriculture, in order to protect the public health and welfare, may enter into cooperative programs with the federal government or agencies thereof for the prevention or eradication of any contagious, infectious, or communicable disease which is affecting or which may affect the health of the animal population of this state.

The director of agriculture((~~, upon entering into such cooperative programs for the prevention or eradication of such a disease,~~)) may also order the slaughter or destruction of any animal affected with or exposed to such a disease and pay indemnities to the owner of such animal. The payment of indemnities provided for in this section shall be applicable only to animals condemned or slaughtered pursuant to the provisions of this section and shall not be applicable when the director of agriculture orders the condemnation and slaughter of any animal under any other provision of this chapter or any other law of the state. The director of agriculture may pay an indemnity in an amount not to exceed fifty percent of the appraised or salvage value of the animal ordered slaughtered or destroyed and ((~~such~~)) the actual amount shall ((not exceed one hundred dollars, less any salvage value accruing to the owner of the animal slaughtered or destroyed: PROVIDED, That the provisions of this section shall be applicable only when the cooperating agency agrees to pay an amount equal to the amount the director of agriculture has ordered paid to such owner or any amount in excess of such amount up to at least fifty percent of the difference between the appraised value of the animal ordered destroyed or slaughtered and any amount received by the owner of such animal as salvage)) be established by the director of agriculture by rule.

In ordering the slaughter or destruction of any animals pursuant to this section, the provisions for payment of indemnity shall not apply to animals (1) belonging to the federal government or any of its agencies, this state or political subdivision thereof, or any municipal corporation; and (2) to any animals which have been brought into this state and have been in this state for a period of less than six months before being ordered slaughtered or destroyed by the director of agriculture.

Sec. 6. Section 44, chapter 204, Laws of 1959 and RCW 16.49.440 are each amended to read as follows:

((Any person slaughtering meat food animals as a custom farm slaughterer in this state shall apply to the director in writing for a custom slaughterer's license and such application shall be accompanied by a twenty-five dollar annual license fee and such license shall expire on December 31st of any year. Such)) It shall be unlawful for any person, firm, or corporation to act as a custom farm slaughterer without first obtaining a license from the director of agriculture. The license shall be an annual license and shall expire on June 30th of each year. A separate license shall be required for each mobile unit. Application for a license shall be a form prescribed by the director of agriculture and accompanied by a twenty-five dollar annual license fee. The application shall include the full name and address of the applicant. If the applicant is a partnership or corporation, the application shall include the full name and address of each partner or officer. The application shall further state the principal business address of the applicant in the state or elsewhere and the name of a resident of this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant, and any other necessary information prescribed by the director of agriculture. The license shall be issued by the director upon his satisfaction that ((~~such~~)) the applicant's equipment is properly constructed, has the proper sanitary and mechanical equipment and is maintained in a sanitary manner as required under this chapter and/or rules ((~~and regulations~~)) adopted hereunder. The director of agriculture shall also provide for the periodic inspection of equipment used by licensees to assure compliance with the provisions of this chapter and the rules adopted hereunder.

Sec. 7. Section 51, chapter 204, Laws of 1959 and RCW 16.49.510 are each amended to read as follows:

The violation of any provision of this chapter and/or rules and regulations adopted hereunder shall constitute a gross misdemeanor.

Sec. 8. Section 3, chapter 98, Laws of 1971 ex. sess. and RCW 16.49.610 are each amended to read as follows:

Inspected and uninspected meat may be prepared by any regularly licensed custom meat facility under the following conditions:

(1) Inspected meat and the meat and meat food products prepared therefrom shall be separated at all times from uninspected meat and the meat food products prepared therefrom, by a sufficient distance to prevent inspected meat from coming into contact with uninspected meat.

(2) Preparation of inspected meat and uninspected meat shall be done at different times.

(3) No sales of inspected meat, nor the meat food products derived therefrom shall be made to any person other than a household user.

(4) Uninspected meat shall be prepared for the sole use of the owner of said uninspected meat, who shall be a household user.

(5) Inspected meat may be purchased by a custom meat facility for preparation and sale to a household user only.

(6) Inspected meat ((~~which has been prepared by a custom meat facility~~)) and the meat and meat food products prepared therefrom shall not be sold in less than one full quarter or one side of a meat food animal.

(7) Uninspected meat, as well as the packages and containers containing any meat or meat food products prepared therefrom shall be plainly marked and labeled "not for sale" or equivalent language.

(8) Any custom meat facility shall comply with sanitation rules and regulations promulgated by the director of agriculture.

Sec. 9. Section 24, chapter 54, Laws of 1959 as amended by section 18, chapter 296, Laws of 1981 and RCW 16.57.240 are each amended to read as follows:

Any person purchasing, selling, holding for sale, trading, bartering, transferring title, slaughtering, handling, or transporting cattle shall keep a record on forms prescribed by the director. Such forms shall show the number, specie, brand or other method of identification of such cattle and any other necessary information required by the director. Such records shall be made in triplicate; the original shall be ((~~forwarded to the director forthwith~~)) furnished to the director upon demand, one copy shall accompany the cattle to their destination and one copy shall be kept by the person handling the transaction for a period of at least twelve months following the transaction and shall be subject to inspection at any time by the director or any peace officer or member of the state patrol: PROVIDED, That in the following instances only, cattle may be moved or transported within this state without being accompanied by a certificate of permit or an official brand inspection certificate or bill of sale:

(1) When such cattle are moved or transported upon lands under the exclusive control of the person moving or transporting such cattle;

(2) When such cattle are being moved or transported for temporary grazing or feeding purposes and have the registered brand of the person having or transporting such cattle.

Sec. 10. Section 8, chapter 107, Laws of 1959 as last amended by section 2, chapter 192, Laws of 1971 ex. sess. and RCW 16.65.080 are each amended to read as follows:

(1) The director is authorized to deny, suspend, or revoke a license in the manner prescribed herein, when there are findings by the director that any licensee (a) has been guilty of fraud or misrepresentation as to titles, charges, numbers, brands, weights, proceeds of sale, or ownership of livestock; (b) has attempted payment to a consignor by a check the licensee knows not to be backed by sufficient funds to cover such check; (c) has violated any of the provisions of this chapter or rules and regulations adopted hereunder; ((~~(c)~~)) (d) has violated any laws of the state that require health or brand inspection of livestock; ((~~(d)~~)) (e) has violated any condition of the bond, as provided in this chapter. However, the director may deny a license if the applicant refuses to accept the sales day or days allocated to him under the provisions of this chapter.

(2) In all proceedings for revocation, suspension, or denial of a license the licensee or applicant shall be given an opportunity to be heard in regard to such revocation, suspension or denial of a license. The director shall give the licensee or applicant twenty days' notice in writing and such notice shall specify the charges or reasons for such revocation, suspension or denial. The notice shall also state the date, time and place where such hearing is to be held. Such hearings shall be held in the city where the licensee has his principal place of business, or where the applicant resides, unless some other place be agreed upon by the parties, and the defendant may be represented by counsel.

(3) The director may issue subpoenas to compel the attendance of witnesses, and/or the production of books or documents anywhere in the state. The applicant or licensee shall have opportunity to be heard, and may have such subpoenas issued as he desires. Subpoenas shall be served in the same manner as in civil cases in the superior court. Witnesses shall testify under oath which may be administered by the director. Testimony shall be recorded, and may be taken by deposition under such rules as the director may prescribe.

(4) The director shall hear and determine the charges, make findings and conclusions upon the evidence produced, and file them in his office, together with a record of all of the evidence, and serve upon the accused a copy of such findings and conclusions.

Sec. 11. Section 32, chapter 107, Laws of 1959 and RCW 16.65.320 are each amended to read as follows:

For the purpose of enforcing the provisions of this chapter, the director ((~~is authorized to receive verified complaints from~~)) on the director's own motion or upon the verified complaint of any vendor or consignor against any licensee, or agent, or any person assuming or attempting to act as such, and upon receipt of such verified complaint shall have full authority to make any and all necessary investigations relative to such complaint. The director is empowered to administer oaths of verification of such complaints.

NEW SECTION. Sec. 12. A new section is added to chapter 16.49 RCW to read as follows:

If the application for the renewal of any license provided for under this chapter is not filed prior to July 1st in any year, an additional fee of twenty-five dollars shall be assessed and added to the original fee and shall be paid by the applicant before the renewal license shall be issued: PROVIDED, That the additional fee shall not be charged if the applicant furnishes an affidavit certifying that the applicant has not carried on the activity for which the applicant was licensed under this chapter subsequent to the expiration of the applicant's license.

NEW SECTION. Sec. 13. A new section is added to chapter 16.49 RCW to read as follows:

The director of agriculture may, subsequent to a hearing under chapter 34.04 RCW, deny, suspend, or revoke any license required under this chapter if it is determined that an applicant has committed any of the following acts:

(1) Refused, neglected, or failed to comply with the provisions of this chapter, the rules and regulations adopted hereunder, or any lawful order of the department of agriculture;

(2) Refused, neglected, or failed to keep and maintain records required by this chapter, or to make the records available when requested under this chapter; or

(3) Refused the director of agriculture access to any facilities or parts of the facilities subject to this chapter.

NEW SECTION. Sec. 14. The following acts or parts of acts are each repealed:

(1) Section 49, chapter 145, Laws of 1969 ex. sess., section 1, chapter 18, Laws of 1974 ex. sess. and RCW 16.49A.490;

(2) Section 50, chapter 145, Laws of 1969 ex. sess. and RCW 16.49A.500; and

(3) Section 51, chapter 145, Laws of 1969 ex. sess. and RCW 16.49A.510.