Supplemental Notice to WSR 10-12-079.
Preproposal statement of inquiry was filed as WSR 10-01-105.
Title of Rule and Other Identifying Information: Chapter 16-604 WAC, Public livestock markets -- Health, brands and weights and measures.
Hearing Location(s): Natural Resources Building, 1111 Washington Street S.E., Second Floor, Conference Room 259, Olympia, WA 98504, on September 16, 2010, at 1:00 p.m.
Date of Intended Adoption: September 30, 2010.
Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504-2560, e-mail WSDARulesComments@agr.wa.gov, fax (360)902-2092, by 5:00 p.m., September 16, 2010.
Assistance for Persons with Disabilities: Contact WSDA receptionist by September 7, 2010, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend chapter 16-604 WAC to correct references to the Code of Federal Regulation as well as make it clear and readable. The department is also proposing to change the name of this WAC to Public livestock markets -- Health, facilities, and sanitation.
Reasons Supporting Proposal: The proposed amendments will make the rules easier to understand and interpret.
Statutory Authority for Adoption: RCW 16.36.040 and chapter 34.05 RCW.
Statute Being Implemented: RCW 16.36.040.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state department of agriculture (WSDA), governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Paul Kohrs, DVM, Olympia, (360) 902-1835; and Enforcement: Leonard E. Eldridge, DVM, Olympia, (360) 902-1881.
No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030(1) requires that WSDA prepare a small business economic impact statement (SBEIS) if proposed rules will impose more than minor costs on affected businesses or industry. The department has analyzed the economic effects of the proposed revisions and has concluded that they do not impose more than minor costs on small businesses in the regulated industry, and, therefore, a formal SBEIS is not required.
A cost-benefit analysis is not required under RCW 34.05.328. The WSDA is not a listed agency under RCW 34.05.328 (5)(a)(i).
June 23, 2010
Leonard E. Eldridge
PUBLIC LIVESTOCK MARKETS -- HEALTH, ((
BRANDS AND WEIGHTS AND
MEASURES)) FACILITIES, AND SANITATION
(1) "Market" means public livestock market as defined
in RCW 16.65.010(1).
(2))) "C.F.R." means Code of Federal Regulations.
"Consigned" means to deliver for sale at a public livestock market.
"Department" means the department of agriculture of the state of Washington.
(3))) "Director" means the director of the department
or (( his)) the director's duly authorized representative.
(4))) "Licensee" means any person licensed to operate a
public livestock market.
(5))) "Livestock" (( except as used in the brand
inspection regulations of this order)) means (( all)) cattle,
bison, horses, mules, donkeys, swine, sheep, goats, rabbits,
llamas, alpacas, ratites, poultry (( and rabbits)), waterfowl,
game birds, and other species so designated by statute.
"Livestock" does not mean free ranging wildlife as defined in
Title 77 RCW.
(6) "Livestock" as used in the brand inspection
regulations of this order means all cattle of whatever
species, breed or age.
(7))) "Lot" means livestock of one ownership.
(8))) "Market" means public livestock market as defined
in RCW 16.65.010(1).
"Market veterinarian" means a ((
licensed in the state of Washington, accredited by USDA, and
(( employed by)) contracted with a public livestock market.
"Official individual identification" means identifying an animal or group of animals using USDA-approved or WSDA-approved devices or methods including, but not limited to, official tags, unique breed registry tattoos, and registered brands when accompanied by a certificate of inspection from a brand inspection authority who is recognized by the director.
[Statutory Authority: RCW 16.36.040 and 16.36.096. 92-21-022, § 16-604-009, filed 10/13/92, effective 11/13/92; Order 1102, § 16.604.009 (codified as WAC 16-604-009), filed 11/18/68; Order 1059, Regulation 1, filed 7/24/67, effective 8/23/67; Order 1025, Regulation 1, filed 7/22/66, effective 8/22/66.]
(1) The licensee shall be responsible for the moving and
yarding of livestock necessary for ((
brand)) animal disease
traceability, brand, or animal health inspection. Personnel
employed by the (( salesmarket)) public livestock market will
be required to sort and designate any (( apparent)) unhealthy
animals, as determined by the market veterinarian, before they
are admitted into trade channels.
(2) The floors of all pens and alleys that are part of a
public livestock market shall be constructed of concrete or
similar impervious material and kept in good repair, with a
slope of not less than one-fourth inch per foot to adequate
drains leading to an approved system((
: Provided, That)).
The director may designate certain pens within such public
livestock markets as feeding and holding pens and the floors
and alleys of such pens shall not be subject to the
aforementioned surfacing requirements.
(3) Feeding and holding pens maintained in an area adjacent to a public livestock market shall be constructed and separated from such public livestock market, in a manner prescribed by the director, in order to prevent the spread of communicable diseases to the livestock sold or held for sale in such public livestock market.
(4) All yards, chutes and pens used in handling livestock shall be constructed of such material which will render them easily cleaned and disinfected, and such yards, pens and chutes shall be kept clean, sanitary and in good repair at all times, as required by the director.
(5) Sufficient calf pens of adequate size to prevent overcrowding shall be provided, and such pens when used shall be cleaned and disinfected no later than the day subsequent to each sale.
(6) All swine pen facilities shall be covered and when used shall be cleaned and disinfected no later than the day subsequent to each sale.
(7) A water system carrying a pressure of forty pounds psi and supplying sufficient water to thoroughly wash all pens, floors, alleys and equipment shall be provided.
(8) Sufficient quarantine pens of adequate capacity shall be provided. Such pens shall be used to hold only cattle reacting to brucellosis and tuberculosis or to quarantine livestock with other contagious or communicable diseases and shall be:
(a) Hard surfaced with concrete or similar impervious material and shall be kept in good repair.
(b) Provided with separate watering facilities.
(c) Painted white with the word "quarantine" painted in red letters not less than four inches high on such quarantine pen's gate.
(d) Provided with a tight board fence not less than five and one-half feet high.
(e) Cleaned and disinfected not later than one day subsequent to the date of sale.
To prevent the spread of communicable diseases among livestock, the director shall have the authority to cause the cleaning and disinfecting of any area or all areas of a public livestock market and equipment or vehicles with a complete coverage of disinfectants approved by the director.
[Statutory Authority: RCW 16.36.040 and 16.36.096. 92-21-022, § 16-604-020, filed 10/13/92, effective 11/13/92; Order 1174, § 16-604-020, filed 12/15/70; Order 1059, Regulation 3, filed 7/24/67, effective 8/23/67; Order 1025, Regulation 3, filed 7/22/66, effective 8/22/66; Order 954, filed 8/20/64; Order 913, filed 4/1/63; Order 853, filed 6/19/61; Order 788, effective 6/17/59.]
(2) For livestock health purposes, the director shall establish procedures for inspection of livestock markets for compliance with sanitary requirements and to observe livestock being handled. Such inspections shall be conducted by animal health inspection personnel working under the jurisdiction of the director. Such inspectors will not issue health certificates, perform "private treaty work" or engage in functions other than those in connection with surveillance for communicable, infectious animal diseases and sanitary measures. Operators of markets shall arrange with a market veterinarian to perform animal health inspections, issue health certificates or certificates of veterinary inspection, perform private treaty work, and perform any testing, quarantine, or movement restrictions of animals as directed by the director of agriculture or required by federal law. Departmental inspectors will work in cooperation with any market veterinarians in performing yard inspections.
(3) Markets handling swine shall be required to identify
all boars and sows with official identification. Markets must
comply with chapters 16-54 and 16-80 WAC and ((
Title 9, Code
of Federal Regulations, Parts 71 and 76,)) 9 C.F.R. Sec. 71.19
and 71.20 when handling swine for market.
(4) No livestock may leave the market for points outside
the state of Washington without first meeting the requirements
of the state of destination and ((
Title 9, Subchapter C, Code
of Federal Regulations)) 9 C.F.R. Parts 71 through 89,
interstate transportation of animals (including poultry) and
(5) Any animal or animals which have been found by the
inspector)) market veterinarian to be diseased or unhealthy
shall be handled in accordance with instructions (( of a)) from
the state veterinarian as to disposition. (( He)) The market
veterinarian may require they be marked "slaughter only" and:
(a) Be sold only to immediate slaughter at a federally inspected slaughter plant;
(b) Require they be sold "as is" with an announcement;
(c) Require they be returned to consignor with or without quarantine; or
(d) Require they be held under quarantine in the yard.
Brucellosis.)) Market requirements.
(a) Animal health requirements as prescribed in chapters
16-54 and 16-86 WAC shall be met for animals entering or
released from the public livestock markets. Those public
livestock markets that are not specifically approved as per
Title 9, Part 78, Subchapter C, Code of Federal
Regulations)) 9 C.F.R. Part 78 that wish to provide
brucellosis blood testing as approved by the director shall
comply with the facilities requirements for specifically
approved (( saleyards)) public livestock markets. Specifically
approved (( yards (Title 9, Part 78, Code of Federal
Regulations)) markets (9 C.F.R. Part 78) can accept cattle and
bison from out-of-state without meeting the import
requirements provided that all Washington state animal health
requirements are met at the (( yard)) market upon arrival and
the animals are consigned to sell through that market. Those
(( yards)) markets not specifically approved can receive from
out-of-state only those cattle and bison that have met all
animal health requirements prior to entering the state.
(b) Animals released from Washington markets to points
outside the state shall be in compliance with ((
Interstate Regulations and must meet the import requirements
of the state of destination)) subsection (4) of this section.
Salesyard)) Public livestock market brucellosis
reactors will be:
(i) Tagged with reactor identification tags in the left
ear and branded "B" ((
on the left jaw)) according to 9 C.F.R.
(ii) Placed in a "quarantine pen."
(iii) Sold at the close of the regular sale to licensed slaughterer or their designated agent operating under federal or state inspection or return to the farm of origin under a written quarantine.
(iv) The market veterinarian shall issue VS Form 1-27 on
all suspects or reactors immediately after their sale or
detection and the original copy must accompany the animals to
slaughter or back to the farm of origin. The pink and yellow
copies are to be mailed immediately to the state
veterinarian)) veterinarian's office at P.O. Box 42560,
Olympia, Washington, 98504-2560 and the green copy mailed
immediately to the destination of shipment (( or shall
(v) All brucellosis reactors consigned and transported directly to a licensed slaughtering establishment for immediate slaughter cannot be transported with any animals not so consigned. All trucks and railway cars or other conveyances used for the transportation of such reactors shall be cleaned and disinfected at destination under state and federal supervision.
For the purpose of tracing dealer consigned
livestock to herds of origin for health purposes, the
certificates of permit (S.F. No. 4847) will be the accepted
document for transferring tracing information to the director
at the market.
Exceptions - this section does not apply to dairy cattle under twenty months nor beef cattle under twenty-four months of age.)) The market must provide to the department a certificate of permit (haul slip) for all livestock consigned to the market.
(8) All public livestock markets shall officially
identify all sexually intact cattle and bison over eighteen
months of age with ((
an)) official (( backtag)) individual
identification prior to being presented for sale. Records of
(( the backtags)) official individual identification applied to
the animal indicating seller, buyer, and brucellosis
vaccination status if animal is a female shall be maintained
by the market for a period of one year.
Immediate slaughter)) Slaughter-only livestock.
(a) Livestock purchased through a market in the state of
Washington for ((
slaughter in the state of Washington may))
slaughter-only must be consigned (( only)) to a (( licensed
slaughtering establishment,)) federally inspected slaughter
plant, restricted (( feed lot)) feedlot, or (( another market
for sale for immediate slaughter)) a category 2 restricted
holding facility. Such animals will be cleared from the
market on a Washington state cattle brand certificate and must
reach the declared point of destination (( at)), slaughter
establishment, category 2 restricted holding facility or
restricted (( feed lot)) feedlot, within (( ten days)) twelve
hours of first being declared (( immediate slaughter))
slaughter-only livestock. Official individual identification
(( tags may)) must not be removed and (( clearance papers))
cattle brand certificates must be presented with the animals
at declared point of destination and livestock shall not be
diverted to any other point.
(b) Cattle that have been declared ((
slaughter)) slaughter-only cattle shall not be commingled with
cattle not so declared.
(c) No Washington state cattle brand certificate will be
issued at any market unless the purchaser first ((
the exact)) provides the full name of the purchaser and seller
and the complete physical address of the destination (( of such
domestic animals or animal)), and (( such animals)) the cattle
are identified to herd of origin (( in a manner prescribed by
(10) Health of swine.
(a) Intrastate consignments. Washington swine that are
unexposed)) not known to be affected with or
exposed to any contagious or infectious swine diseases, and
not under quarantine may enter and leave any market in the
state after veterinary inspection.
(b) Interstate consignments.
(i) Slaughter swine. Swine not known to be affected with
or exposed to infectious or communicable swine diseases may be
moved)) imported into the state without (( health)) a
certificate of veterinary inspection to a recognized
(( slaughtering center)) federally inspected slaughter plant,
(( public stockyards under federal supervision)) or (( livestock
market)) specifically approved livestock market under (( Part
76, Title 9, Code of Federal Regulations)) 9 C.F.R. Sec. 71.19
for immediate slaughter, and may not be diverted (( enroute))
en route. The waybills or certificates for shipment must
contain an entry permit number obtained from the office of the
state veterinarian and must state for "slaughter only to a
federally inspected slaughter plant."
(ii) Feeder and breeder swine - must have originated from
states in Stage IV or Stage V pseudorabies free status and/or
comply with the entry requirements as stated in chapter 16-54 WAC. Animals must be accompanied by an official ((
certificate of veterinary inspection stating that they are
clinically free of symptoms of infectious and contagious
disease or exposure thereto, unless consigned to a
specifically approved livestock market (( approved)) under
(( Part 76, Title 9, CFR)) 9 C.F.R. Part 85. The certificate
of veterinary inspection will contain an entry permit number
obtained from the office of the state veterinarian and the
consignor and consignee will be properly listed with exact
(( mailing)) physical origin and destination addresses clearly
shown. Such (( hogs)) swine must not come in contact with
(( hogs)) swine from states of unlike status prior to or during
shipment, and must have been transported in one continuous
(c) Swine brucellosis. All interstate swine over six
months of age entering public livestock markets to be sold for
breeding purposes must have been tested and found negative to
swine brucellosis within thirty days prior to entry or
originate in a validated swine brucellosis free herd or state.
Swine not in compliance with this requirement will not be
sold as breeder swine. ((
Swine originating from a herd where
brucellosis is known to exist will not be sold as breeder
[Statutory Authority: RCW 16.36.040 and 16.36.096. 92-21-022, § 16-604-025, filed 10/13/92, effective 11/13/92; Order 1174, § 16-604-025, filed 12/15/70; Order 1059, Regulation 4, filed 7/24/67, effective 8/23/67; Order 1025, Regulation 3, 7/22/66, effective 8/22/66; Order 954, filed 8/20/64; Order 913, filed 4/1/63; Order 853, filed 6/19/64; Order 788, effective 6/17/59.]