WSR 99-07-115

EXPEDITED ADOPTION

DEPARTMENT OF AGRICULTURE


[ Filed March 24, 1999, 9:07 a.m. ]

Title of Rule: WAC 16-30-001 through 16-30-100, registered feedlots, rules that regulate cattle feedlots that may feed female cattle that are not vaccinated for brucellosis for slaughter purposes. These feedlots are called "restricted feedlots."

Purpose: To allow an exemption to certain feedlots from the state requirement that all female cattle sold in or imported into the state must be official brucellosis vaccinates.

Other Identifying Information: This rule for a number of years was for "quarantined feedlots." When Washington received its brucellosis free status the federal government in granting that status would not allow infected animals to enter to quarantined feedlots, therefore the designation was changed to "restricted" and nonvaccinated cattle were allowed rather than infected or exposed cattle.

Statutory Authority for Adoption: Chapter 16.36 RCW.

Statute Being Implemented: Chapter 16.36 RCW.

Summary: This rule lays out the rules for operating restricted feedlots and defines the types of feedlots and their requirements and privileges. The proposed changes are minimal in just repealing the old promulgation section, the penalty section and very minor changes to the definition section. The changes to the definition section do not materially change the definition and are stylistic only.

Reasons Supporting Proposal: A written survey of permittees showed that the industry supported these changes and that they requested that no other changes be made at this time.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Robert W. Mead, Natural Resources Building, 1111 Washington Street, Olympia, WA, (360) 902-1878.

Name of Proponent: Washington State Department of Agriculture, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This rule was reviewed as per the governor's executive order to review rules. Only very minor changes to update the form of the rule were recommended.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The rule defines restricted feedlots, spells out categories of restricted feedlots and how to apply for a permit. The conditions of the permit, expiration and revocation are explained. Brands for use by feedlots are described. Physical requirements for such feedlots are listed.

Proposal Changes the Following Existing Rules: The changes proposed will not change the rule as it stands. The repeal of the promulgation and penalty sections are uniform changes being made for all amended rules. The minor wording changes in the definition section are to make the wording consistent with current standards for rule language. The proposed changes do not materially change the rule.

NOTICE

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Dannie McQueen, Administrative Regulation Manager, Department of Agriculture, Administrative Regulation Program, P.O. Box 42560, Olympia, WA 98502-2560 , AND RECEIVED BY May 25, 1999.


March 19, 1999

Candace Jacobs, DVM

Assistant Director

OTS-3004.1

Chapter 16-30 WAC

((REGISTERED)) RESTRICTED FEEDLOTS


AMENDATORY SECTION(Amending Order 1995, filed 2/23/89)

WAC 16-30-010
Definition.

((A)) Restricted feedlot ((shall)) means a dry feed yard where cattle not known to be exposed to brucellosis and not vaccinated against brucellosis are restricted to prevent their use for breeding purposes.

[Statutory Authority: RCW 16.36.040 and 16.36.050.  89-06-014 (Order 1995), 16-30-010, filed 2/23/89; 88-05-003 (Order 1964), 16-30-010, filed 2/5/88; Order 955, Regulation 1, filed 8/31/64; Order 851, Regulation 1, effective 7/19/61.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 16-30-001Promulgation.
WAC 16-30-100Criminal penalty--Civil injunction.

Washington State Code Reviser's Office