WSR 98-15-157

PROPOSED RULES

DEPARTMENT OF AGRICULTURE

[Filed July 22,1998, 11:56 a.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-08-034.

Title of Rule: Livestock identification program.

Purpose: To update livestock identification rules and implement changes in livestock inspection procedures resulting from a legislatively-mandated 20% rollback in fees and reducing revenues.

Other Identifying Information: Five separate rules on similar livestock inspection topics were rewritten as one comprehensive, easy to read rule.

Statutory Authority for Adoption: RCW 16.57.160, 16.57.220, 16.57.240, 16.57.350, 16.58.030, 16.58.050, 16.65.037, and 16.65.090.

Statute Being Implemented: Chapters 16.57, 16.58, and 16.65 RCW.

Summary: The proposed rule implements changes in livestock inspection procedures due to a 20% reduction in fees and declining revenues. This rule review also meets requirements under regulatory reform to review rules at least once every four years. 1998 legislation also provided that the department may certify veterinarians to perform livestock inspections.

Reasons Supporting Proposal: Changes needed to be made in inspection procedures to reduce the cost of inspections for the livestock industry and because of the reduction in fees.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Julie Sandberg, 1111 Washington Street, Olympia, WA 98504, (360) 902-1850.

Name of Proponent: Washington State Veterinary Medicine Association, private.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Currently the livestock identification program operates with five separate WACs. Our review process resulted in updating those WACs and creating one comprehensive rule which is easier to read and understand. This new rule clearly states the expanded use of the self-inspection format between buyer and seller for private treaty transactions, entry of cattle into certified feed lots and sales to slaughterplants. This will result in reduced costs for livestock producers who currently must pay time and mileage for a department inspection for private sales.

Proposal Changes the Following Existing Rules: This proposal combines five WAC sections thereby repealing the following: Chapters 16-96, 16-605A, 16-608, and 16-520 WAC in its entirety; and all sections of chapter 16-604 WAC excluding WAC 16-604-009, 16-604-020, 16-604-025, and 16-604-040.

A small business economic impact statement has been prepared under chapter 19.85 RCW.



Small Business Economic Impact Statement

Rule Summary: Proposed WAC 16-607-045 and 16-607-050 allow for the expanded use of self-inspection procedures in lieu of inspection by the Washington State Department of Agriculture (WSDA) for livestock sales taking place at certified feedlots, USDA slaughterplants and all other private sales where livestock remain in state. This rule does not impact the current inspection requirements for out-of-state movement of livestock. Proposed WAC 16-607-040 allows for the purchase invoice issued by a public livestock market to serve both as an invoice and as a WSDA inspection release. Proposed WAC 16-607-060 allows the director to certify licensed and accredited veterinarians to issue inspection documents for livestock.

These rule changes are necessary for the department to continue to offer to the industry a viable livestock identification program impacted by a twenty percent legislatively mandated fee rollback effective July 1, 1998.

These rules are being adopted under the authority of RCW 16.57.160, 16.57.220, 16.57.240, 16.57.350, 16.58.050, 16.58.030, 16.58.130, and 16.65.037, 16.65.090.

Affected Groups: The following groups will be affected: Fourteen public livestock markets (SIC Code 42252); eight certified feed lots (SIC Code 112112); eleven USDA-inspected slaughter plants (SIC Code 311611); and any individual involved in a private sale (SIC Code 11299) will experience only a minor financial impact as a result of the rule changes. The department currently requires these groups to keep records on all livestock transactions (RCW 16.57.240, 16.65.170, and 16.58.110). The most significant recordkeeping change will impact the livestock markets by reducing duplication of information provided to purchasers. Under the new program only one form will be required for the purchaser's transaction process. The seller's invoice issued by the market will also serve as an inspection release from the market. Transactions will take less time to complete and there will be reduced documents required for the public and the department. The current livestock tracking system, used by both USDA and the WSDA animal health programs, will not be affected by the proposed rules.

The department will provide transition assistance to affected groups, as well as oversight on a routine basis at no additional cost to the industry.

Cost: Proposed rule changes will allow the self-inspection certificates to be used at a wider variety of locations and will result in substantial savings and added convenience for the livestock industry.

Current System: Under the current system the producer is subject to a "time and mileage" charge if the per head fee does not cover the actual cost of a WSDA inspection. In an analysis conducted by the department in 1994 it was determined that the majority of inspection requests were made by producers who were marketing fifteen head or less at one time. In cases where the inspector and the producer were a great distance apart, the actual cost of the inspection would be many times higher than the normal fee. Current time and mileage fees are $15.00 per hour and $.315 per mile and include travel time to and from the inspection location and time spent performing the inspection.

Proposed System: The purchase price of a self-inspection certificate is $1.60 per head. The cost breakdown is sixty cents for WSDA and $1.00 for the federally mandated Beef Commission assessment. Livestock producers marketing small numbers of animals will receive the most benefit with this new format as no time and mileage costs will be incurred.

Because self-inspection certificates may be purchased in advance, the producer will be able to market animals without delays. Delays occur during times when a department inspector is not readily available. This will be a distinct marketing advantage and convenience for those who do business after normal business hours, on weekends and on holidays.

Industry Outreach: The department has consulted with the Livestock Identification Advisory Board, a statutory board made up of representatives of all segments of the livestock industry; contacted other states operating livestock identification programs; and made presentations at industry meetings prior to writing the draft rules. The department also developed and mailed an informational sheet to over 7000 members of the livestock industry. Information was posted at centrally located industry points, such as livestock markets, feed stores and special events. During our outreach program, we received valuable suggestions and have incorporated them into the final draft rules.

Benefits and Mitigation: The following is a list of benefits and mitigation efforts developed for these rules:

1) The cost of compliance with the proposed rules will not cause livestock producers to lose sales or revenue.

2) To ensure the industry has easy access to self-inspection certificates, steps are being taken to establish a request system so that certificates may be purchased using a credit card through the mail or by phone. The certificates may also be purchased directly from specific field staff located throughout the state.

3) In livestock sales involving the marketing of fifteen head or less at one time by a producer, the cost for inspection will be reduced because the self-inspection format replaces the cost of time and mileage for a department inspector. The format is also a convenience for those individuals conducting business outside of normal business hours or with short notice requesting an inspector.

4) No additional recordkeeping will be required and implementation of the rules will eliminate duplication of documentation at the public livestock markets where nearly 50% of livestock inspections occur. Purchase invoices currently used will now serve both as the release document for the department and the purchaser resulting in a fifty percent reduction in paperwork.

5) Proposed WAC 16-607-105 allows certified veterinarians to issue inspection and health certificates simultaneously. This will streamline the inspection system and eliminate duplication of services for producers transporting livestock to out-of-state locations.

6) Technical assistance and oversight will continue to be provided by the department. Inspection staff will focus their efforts on inspection/identification of livestock prior to movement out of state and when consigning to public livestock markets. While sellers and buyers at other points will have personal responsibility for verifying ownership, department inspectors will continue to provide oversight and assist with ownership disputes.



A copy of the statement may be obtained by writing to Julie C. Sandberg, Assistant Director, Consumer and Producer Protection Division, P.O. Box 42560, Olympia, WA 98504-2560, phone (360) 902-1850, fax (360) 902-2086.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.

Hearing Location: Shilo Inn, 1819 East Kitleson Road, Moses Lake, WA, on August 25, 1998, at 10:00 a.m.; and at Room 259, NRB Building, 1111 Washington Street, Olympia, WA, on August 26, 1998, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Cathy Jensen by August 18, 1998, TDD (360) 902-1996.

Submit Written Comments to: Julie C. Sandberg, Assistant Director, Consumer and Producer Protection Division, Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, fax (360) 902-2086.

Date of Intended Adoption: August 28, 1998.

July 22, 1998

Julie C. Sandberg

Assistant Director



Inspection and Identification of Livestock



NEW SECTION



WAC 16-607-005  Definitions. (1) "Association of livestock breeders" means any properly incorporated association whose membership is made up of livestock breeders.

(2) "Brand" means a permanent fire brand, or any artificial mark, other than an individual identification symbol, approved by the director to be used in conjunction with a brand or by itself.

(3) "Brand inspection" or "livestock inspection" means the examination of livestock or livestock hides for brands or any means of identifying livestock or livestock hides including the examination of documents providing evidence of ownership.

(4) "Certificate of permit" or "transportation permit" means a form prescribed by and obtained from the director that is completed by the owner or a person authorized to act on behalf of the owner to show the ownership of livestock. It does not evidence inspection of livestock.

(5) "Collecting point" means livestock inspection points designated by the Washington state beef commission to collect beef commission assessment payments directly from cattle producers and remit to the Washington state beef commission.

(6) "Department" means the department of agriculture of the state of Washington.

(7) "Director" means the director of the department or his duly authorized representative.

(8) "Farmers cooperative association" means any properly incorporated cooperative association whose membership is made up of livestock producers.

(9) "Individual identification symbol" means a permanent mark placed on a horse for the purpose of individually identifying and registering the horse and which has been approved for use as such by the director.

(10) "Inspection certificate" means a certificate issued by the director or a veterinarian certified by the director documenting the ownership of an animal based on an inspection of the animal. It includes an individual identification certificate.

(11) "Licensee" means any person licensed to operate a market under Chapter 16.65 RCW.

(12) "Livestock" means all cattle, horses, burros, and mules of whatever species, breed or age.

(13) "Lot" means livestock of one ownership.

(14) "Market"" means public livestock market as defined in RCW 16.65.010(1).

(15) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be.

(16) "Production record brand" means a number brand which is used for production identification purposes only.

(17) "Purchase invoice" means the invoice issued by a public livestock market to the purchaser of cattle or horses consigned to the market.

(18) "Self-inspection certificate" means a form prescribed by and obtained from the director that is used for self-inspection of cattle or horses and is signed by the buyer and seller of the cattle or horses.



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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.



NEW SECTION



WAC 16-607-010  The livestock identification advisory board. (1) The livestock identification advisory board established in RCW 16.57.015 is composed of six members appointed by the director. The advisory board shall meet at least once annually with the director to perform its advisory functions. Additional meetings may be convened at the request of the director or a majority of the membership.

(2) Advisory board members must be residents of the state of Washington and actively engaged in the industry they represent. The director is an ex-officio member of the advisory board.

(3) Advisory board members serve three-year terms. Terms commence July 1 and expire June 30.

(4) Positions are numbered one through six as follows:

(a) Position one - beef producers;

(b) Position two - public livestock market operators;

(c) Position three - horse owners;

(d) Position four - dairy farmers;

(e) Position five - cattle feeders; and

(f) Position six - meat processors.

(5) On initial appointment, positions one and four serve a one-year term; positions two and five serve a two-year term; and positions three and six serve a three-year term.

(6) Vacancies in membership may be filled by the director for the remainder of an unexpired term. Current members of the advisory board and presidents of affected statewide industry groups may submit names to the director for consideration in filling vacancies.

(7) The director shall solicit nominations to fill an expiring position from affected statewide industry groups. Nominations from industry groups shall be submitted to the director for consideration prior to May 1 of the year the term expires.



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NEW SECTION



WAC 16-607-015  Official forms. (1) Official forms prescribed by the director under the provisions of RCW 16.57.240 include the certificate of permit, livestock inspection certificate and self-inspection certificate. The forms include the owner's name, number, breed, sex, brand or other method of identification of livestock and other information deemed necessary by the department.

(2) Books of the certificate of permit are obtained from the department upon payment of one dollar.



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NEW SECTION



WAC 16-607-020   Point of inspection--Cattle. All cattle shall be inspected for brands or other proof of ownership at the following points:

(1) Prior to being moved out of state, except as provided in WAC 16-607-035(2).

(2) Prior to sale at any public livestock market.

(3) Prior to slaughter at any slaughter plant where the United States department of agriculture maintains meat inspection, unless the cattle originate from a certified feed lot or are accompanied by:

(a) An inspection certificate issued by the director or a veterinarian certified by the director or any other agency authorized in any other state or any Canadian province by law to issue such a certificate; or

(b) A purchaser's invoice issued by a public livestock market.

(4) Upon entry or reentry and prior to commingling with other cattle at any certified feed lot licensed under chapter 16.58 RCW, unless the cattle are accompanied by:

(a) An inspection certificate issued by the director or a veterinarian certified by the director or any other agency authorized in any other state or any Canadian province by law to issue such a certificate; or

(b) A purchaser's invoice issued by a public livestock market.

(5) At any point of sale or the taking of possession by an intended purchaser or private agent subject to title passing, except that inspection shall not be required for any individual private sale of any unbranded female dairy breed cattle involving fifteen head or less. Exemption from mandatory inspection does not exempt cattle sellers from paying assessments due to the Washington State Beef Commission under Chapter 16.67 RCW.



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NEW SECTION



WAC 16-607-025  Point of inspection--Horses. All horses shall be inspected for brands or other proof of ownership at the following points:

(1) Prior to being moved out of state, except as provided in WAC 16-607-035.

(2) Prior to sale at any public livestock market.

(3) Prior to sale at any special open consignment horse sale as defined in RCW 16.65.010.

(4)Prior to sale at any special sale where horses of more than one owner are offered for sale on an occasional and seasonal basis either by private treaty or auction.



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NEW SECTION



WAC 16-607-035  Out-of-state inspection procedure. (1) All cattle and horses shall be inspected by the department or a certified veterinarian for brands or other proof of ownership prior to being moved out of state, except as provided in WAC 16-607-035(2) or when accompanied by a purchase invoice issued by a public livestock market.

(2) Livestock may be moved out of state without prior livestock inspection when they are destined for a public livestock market or slaughterplant in another state where brand inspection is performed by the department or an agent pursuant to an agreement with the other state. The livestock moving out-of-state to those public livestock markets or slaughterplants must be accompanied by a certificate of permit showing that the livestock are directly destined for and transported to the out-of-state inspection point. The certificate of permit is not valid for transportation to any other inspection point or beyond the inspection point.



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NEW SECTION



WAC 16-607-040  Livestock inspection procedures--Public livestock markets. The department will provide for livestock inspection at public livestock markets. The purchase invoice issued by public livestock markets serves as inspection clearance for out-of-state livestock movement and allows for transporting livestock to the declared destination. If brands and marks are shown, the purchase invoice serves as proof of ownership.



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NEW SECTION



WAC 16-607-045  Livestock inspection procedures--Certified feed lots, slaughterplants, beef commission assessment collecting points. (1) Livestock inspection of cattle required under WAC 16-607-020 (3), (4) and at other beef commission assessment collecting points is conducted by the seller and buyer. If the livestock are consigned for custom feeding or custom processing, the certified feed lot or plant assumes the responsibility of the buyer and the owner assumes the responsibility of the seller.

(2) The seller presents to the buyer a completed certificate of permit. The seller retains one copy and provides the original and one copy to the buyer. Additional proof of ownership must be provided to the buyer for all brands not recorded to the seller. (3) The buyer shall provide to the seller a receiving/scale ticket or any customary form indicating receipt of the livestock.

(4) The buyer shall collect and remit inspection fees to the department.



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NEW SECTION



WAC 16-607-050  Livestock inspection procedures--Private treaty sales. Livestock inspection of cattle required under WAC 16-607-020(5) may be conducted by the department, by veterinarians certified by the department, or by the buyer and seller.

(1) Inspection by the department is on request and is provided at the discretion of the director.

(2) Livestock inspection of cattle required under WAC 16-607-020(5) conducted by the buyer and seller is documented using self-inspection certificates obtained from the department.

(3) Self-inspection certificates must be fully completed and signed by the buyer and seller. The original shall be provided to the buyer and accompany the cattle and the seller shall retain a copy.

(4) Additional proof of ownership must be provided to the buyer for all livestock bearing brands not recorded to the seller.

(5) The cost of self-inspection certificates includes the current cattle inspection fee and the assessment for the National Beef Promotion and Research Act. The department will remit assessments collected to the Washington state beef commission.



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NEW SECTION



WAC 16-607-055  Review of complaints and procedures. (1) The department will review or investigate all formal complaints filed regarding ownership disputes and assist in resolving those disputes.

(2) The department will regularly evaluate inspection procedures and recordkeeping at established livestock inspection points through unscheduled visits during normal business hours.



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NEW SECTION



WAC 16-607-060  Certification of veterinarians to issue inspection certificates. The director may certify veterinarians licensed and accredited in Washington state to issue inspection certificates for livestock.

(1) No veterinarian may issue an inspection certificate unless the individual has met the certification requirements and paid the certification fee.

(2) Application for certification is on a form prescribed by the director. The application will include the following information:

(a) The full name and principal business of the individual applying for certification.

(b) The applicant's Washington state veterinary license number.

(c) The geographic area in which the applicant will provide service.

(d) A statement regarding the applicant's experience with large animals, especially cattle and horses.

(e) Whether the applicant is requesting certification to issue inspection certificates for cattle or horses or both.

(f) The signature of the veterinarian requesting certification.

(g) Any other reasonable information the department finds necessary to carry out the purpose of this chapter.

(3) The fee for certification is thirty-five dollars. The certification expires on the third December 31st following the date of issuance.

(4) All veterinarians applying for certification must complete training provided by the department. Training will include but not be limited to the reading of printed brands and brands or other marks on live animals, completion of official documents and review of satisfactory ownership documents. The department will provide a copy of the most current brand book and any supplements issued to date to each person certified.

(5) The department will maintain a list of veterinarians certified to perform livestock inspection. The list is available upon request to interested persons.

(6) Certified veterinarians must submit required inspection fees to the department with copies of each certificate issued. An additional fee may be charged that is separate from fees collected under RCW 16.57.220 and WAC 16-607-065.

(7) The department may withdraw or deny approval of certified veterinarians to perform livestock inspection under the following circumstances:

(a) For knowingly making false or inaccurate statements regarding qualifications on an application.

(b) For knowingly making or acquiescing in false or inaccurate statements on livestock inspection certificates as to the date or location of the inspection, marks or brands on the livestock inspected, owner's name or any other statement material to the livestock inspected.



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NEW SECTION



WAC 16-607-065  Inspection fees. (1) The fee for livestock inspection is sixty cents per head for cattle and two dollars and forty cents per head for horses, except as provided for in subsection (4) of this section.

(2) The fee for individual identification certificates is seven dollars and fifty cents for an annual certificate and fifteen dollars for a lifetime certificate, except as provided for in subsection (5) of this section.

(3) There is a minimum fee of $2.50 for the issuance of any inspection certificate by the director except for those issued at a public livestock market sale or special sale approved by the director.

(4) When inspection is performed by the department, the fee is sixty cents per head for cattle and two dollars and forty cents per head for horses or fifteen dollars per hour and the current mileage rate set by the office of financial management, whichever is greater, except as provided for in RCW 16.65.090.

(5) When individual identification certificates are issued by the department, the fee for an annual certificate is seven dollars and fifty cents and fifteen dollars for a lifetime certificate or fifteen dollars per hour and the current mileage rate set by the office of financial management, whichever is greater.

(6) All inspection performed on an hourly basis by the department begins at the time the inspector leaves his or her official station to the point of inspection and ends upon return to his or her official station.

(7) Veterinarians certified by the department may charge an additional fee that is separate from livestock inspection fees.



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NEW SECTION



WAC 16-607-070  Renewal of registered brands. Owners of registered brands must file for renewal of registration by December 31st of odd-numbered years. A late filing fee of ten dollars shall accompany any renewals filed after December 31st of odd-numbered years.



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NEW SECTION



WAC 16-607-075  Recording fees. The fee for recording any instrument affecting the title of a brand is fifteen dollars. The fee for obtaining a certified copy of the record of a brand by the owner of the brand is seven dollars and fifty cents.



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NEW SECTION



WAC 16-607-080  Identification by freeze branding. The technique of identifying livestock by freeze branding may be used for complying with the requirements of chapter 16.57 RCW and chapter 16-607 WAC.



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NEW SECTION



WAC 16-607-085  Use of production brands for dairy cattle. Cattle for dairy purposes may be identified by branding on any point between the hock and the stifle of the right or left hind leg, or both, by the owner. Any digit or combination of digits may be used.



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NEW SECTION



WAC 16-607-090  Use of production brands for beef cattle. (1) Cattle of the beef breeds may be identified by branding high on either the left or right shoulder, or both, by the owner. The use of production record brands on cattle of the beef breeds shall be allowed only when such cattle are identified with such owner's registered brand: Provided, That production record brands may be placed on registered cattle of the beef breeds without the use of an ownership brand.

(2) Any digit or combination of digits may be used, with the exception of the following numbers:

(a) Not permissible on the right shoulder are 7, 60 and 717;

(b) Not permissible on the left shoulder are 14, 25 and 77.



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NEW SECTION



WAC 16-607-095  Production record brands to consist of Arabic numbers only--Exception. (1) Production record brands shall consist only of Arabic numbers and may include any digit or any combination of such digits in groups, except as limited in WAC 16-607-090.

(2) Production record brands must be recorded with the department of agriculture in the same manner as an ownership brand under the provisions of chapter 16.57 RCW, before they may be legally used in this state.

(3) No fee will be charged for recording a production brand if the same person has already paid to record an ownership brand.

(4) No production record brand will be recognized for ownership purposes, registered for ownership purposes, or accepted for livestock inspection purposes.



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NEW SECTION



WAC 16-607-100  Custom slaughter beef tag. Any person licensed as a custom slaughterer shall complete and attach a custom slaughter beef tag to each of the four quarters of all slaughtered cattle handled by that slaughterer. The tags must remain on the quarters until the quarters are cut and wrapped. Only the department may provide custom slaughter beef tags to custom slaughterers. The fee for each set of four custom slaughter beef tags is one dollar and fifty cents. The department will maintain a surveillance and enforcement program to assure compliance with these requirements.



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NEW SECTION



WAC 16-607-105  Certificate of permit required for custom slaughtered cattle. Any person presenting his or her cattle for slaughter by a licensed custom slaughterer shall provide to the custom slaughterer a completed certificate of permit. The number of the custom slaughter beef tag attached by the custom slaughterer shall be listed on the certificate of permit.



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NEW SECTION



WAC 16-607-110  Livestock identification on slaughtered cattle by owner. No custom meat facility may receive a carcass from other than a custom farm slaughterer mobile or fixed location or an officially inspected slaughterplant unless it is accompanied by a certificate of permit signed by the owner of the carcass.



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NEW SECTION



WAC 16-607-115  Certified feed lot licensing. (1) Prior to issuance of an original certified feed lot license the director will conduct an inspection of all cattle and their corresponding ownership documents. The inspection fee shall be the higher of the current inspection fee per head of cattle or time and mileage as set in RCW 16.57.220.

(2) Certified feed lot licenses issued under RCW 16.58.060 expire on June 30th following the date of issuance.

(3) Upon non-renewal of a certified feed lot license all cattle inventory in a feed lot is subject to inspection requirements for non-certified feed lots.



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NEW SECTION



WAC 16-607-120  Public livestock market requirements. (1) Whenever any cattle or horses are offered for sale at a market and not sold, the identical animals may be offered for sale at the same market within eight days of the original inspection date without being required to pay a second livestock inspection fee, upon presentation of satisfactory proof that inspection fees previously were paid. The unsold cattle or horses must be presented for inspection without any animals having been taken from, or other animals having been added to, such lot or group of livestock and must be retained on the premises where first offered for sale within the time limit specified above.

(2) It is the responsibility of the licensee to identify each head of cattle and horses consigned to a market by placing a numbered tag or other method of identification as approved by the director on each animal before the animals are inspected. The director may exempt from individual identification requirements certain lots of one-brand or no-brand cattle. The licensee or any consignor shall, at the request of the director, make visible any brand on any animal. The licensee is responsible for the moving and yarding of livestock necessary for inspection.

(3) No person shall remove any cattle or horses from the premises of any market without first obtaining a release from the licensee. The licensee or any agent or employee of the licensee shall not allow the removal of any cattle or horses from the premises of the market without first obtaining a livestock inspection clearance for the cattle or horses to be removed. The purchase invoice serves as the inspection clearance. The purchaser may request that the director issue an inspection certificate at no additional cost.



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NEW SECTION



WAC 16-607-125  Public livestock market livestock inspection facilities. Livestock inspection facilities at public livestock markets shall be approved by the director and shall consist of:

(1) A chute which has a solid base on each side of sufficient strength to contain cattle and horses at least twenty-four inches in height, but no more than thirty-six inches in height. Above the base on each side, the chute shall have wire cables extended along its entire length separated by six-inch intervals to a height of at least six feet. The cables shall be attached to a vertical post every sixteen feet, alternated with a pipe or stay every eight feet for support and to ensure that the cables are maintained in a tight condition. The brand chute shall be kept well lit with shop, spot, or floodlights on both sides of the chute at a height of five feet above the highest cable. The lighting shall extend for a distance of three-fourths of the length of the chute beginning at the head of the chute;

(2) An electrical outlets for clippers at chutes;

(3) A livestock inspection area kept free of any leaking or water build-up of any kind and well covered by adequate roofing;

(4) A work area for livestock inspectors on each side of the chute which shall be protected from cattle and horses being unloaded or moved by fencing or any other permanent structure allowing at least thirty inches of work space along the length of the chute.

(5) An office in the livestock inspection area with dimensions of at least eight feet by ten feet. The office shall contain adequate heating and a counter approximately eighteen inches in width at a standing work level.



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NEW SECTION



WAC 16-607-130  Public livestock market scale installation regulations. (1) Approaches and accessibility for testing shall consist of:

(a) A convenient unobstructed hard surfaced approach to the livestock scale at the scale deck level when the scale is inaccessible for a test truck; and

(b) Doors and passageways which are a minimum of six feet in width.

(2) A scale deck shall be constructed preferably of reinforced concrete with "Z" bar coping. If cleats are used which are more than 3/4" in thickness, such cleats shall be hinged or readily removable, otherwise a satisfactory covering for such cleats must be provided to allow for proper testing.

(3) The stock rack shall be securely fastened to the scale deck. There shall be a minimum clearance of 3" between the rack and surrounding dead construction. Adequate space and visibility shall be provided so that interested parties may observe the weighing operation. All dial scales used by the licensee shall be of adequate size to be readily visible to all interested parties and shall be equipped with a mechanical weight recorder. All beam scales used by the licensee shall be equipped with a balance indicator, a weigh beam and a mechanical weight recorder, all readily visible to all interested parties.

(4) The pit and foundation shall be of monolithic construction. Coping iron shall be required on all corners adjacent to the deck. The pit shall be six feet in depth, dry and readily accessible for inspection. Electrical lighting facilities for inspection shall be provided. Exception to the six-foot depth may be allowed, upon approval of the director, when conditions are sufficiently adverse. However, a minimum of two feet clearance shall always be provided between the lowest scale lever and the pit floor.

(5) The recording element shall be adequately housed for protection against wind and weather.

(6) No scales are required at markets licensed to handle horses and mules only unless animals are to be sold by weight. When animals are sold by weight, the scale requirements as shown previously shall apply.



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NEW SECTION



WAC 16-607-135  Sale day. In any case where a licensed operator of a public livestock market fails to conduct a sale on a sale day which has been allocated to the licensee by the director more than six times in any twelve-month period, the allocation of that sale day is subject to change or revocation. Any change or revocation of an allocated sale day shall be considered in an administrative hearing conducted under the provisions of chapter 34.05 RCW.



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NEW SECTION



WAC 16-607-140  Special sale approval. Application for approval of a special sale shall be made at least 15 days in advance of the proposed sale. Approval is subject to the discretion of the director.



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NEW SECTION



WAC 16-607-145  Association membership. To assure that any special sale proposed by a farmers cooperative association or association of livestock breeders is limited to the sale of their own livestock, the association may be required to verify to the director that any person offering livestock for sale in the special sale was a member of the association at the time of the filing of any consignment application, contract or commitment.



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REPEALER



The following sections of the Washington Administrative Code are repealed:



WAC 16-604-001 Promulgation.

WAC 16-604-002 Promulgation

WAC 16-604-003 Promulgation.

WAC 16-604-008 License fees.

WAC 16-604-010 Brand inspection regulations.

WAC 16-604-012 Brand inspection facilities

WAC 16-604-015 Sales day.

WAC 16-604-030 Scale installation regulations.



REPEALER



The following chapters of the Washington Administrative Code are repealed:



Chapter 16-620 WAC Relating to brand inspection.

Chapter 16-608 WAC Special livestock sales.

Chapter 16-605A WAC Certified feed lots.

Chapter 16-96 WAC Production record brands.

Legislature Code Reviser

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Washington State Code Reviser's Office