WSR 15-02-024 PERMANENT RULES DEPARTMENT OF AGRICULTURE [Filed December 30, 2014, 9:11 a.m., effective July 1, 2015] Effective Date of Rule: July 1, 2015.
Purpose: The department proposed to add new chapter 16-29 WAC, Animal disease traceability. The 2011 legislative session passed SHB 1538 which directed the department to adopt by rule a fee per head on cattle sold or slaughtered in the state or transported out of the state to administer animal disease traceability activities for cattle. The proposed new WAC establishes per head fees on cattle sold or slaughtered in the state or transported out-of-state, establishes a process to assess and collect the fees, and establishes a penalty matrix for failing to pay the fees.
Statutory Authority for Adoption: RCW 16.36.150.
Other Authority: Chapter 34.05 RCW.
Adopted under notice filed as WSR 14-21-165 on October 22, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 5, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: December 30, 2014.
Don R. Hover
Director
Chapter 16-29 WAC
ANIMAL DISEASE TRACEABILITY NEW SECTION
WAC 16-29-005 Purpose.
The purpose of this chapter is to administer animal disease traceability activities by assessing a per head fee on cattle sold or slaughtered in the state or transported out of the state.
NEW SECTION
WAC 16-29-010 Definitions.
In addition to the definitions found in RCW 16.36.005, 16.57.010, 16.58.020 and chapter 16-610 WAC the following definitions apply to this chapter:
"Custom slaughtering" means slaughtering performed by a person licensed under chapter 16.49 RCW to slaughter meat food animals for the owner of the animal.
"Entry permit" means prior written permission issued by the director to admit or import animals or animal reproductive products into Washington state.
"Immediate slaughter cattle" means out-of-state cattle processed within twenty-four hours of entry to a federally inspected slaughter facility.
"Slaughter facility" means an establishment operated for the purpose of slaughtering meat food animals for sale or use as human food in compliance with the federal Meat Inspection Act.
NEW SECTION
WAC 16-29-015 Levy and collection of assessment.
(1) An assessment of $0.23 per head is levied on all cattle sold or slaughtered in the state or transported out of the state except for:
(a) An assessment of $0.05 per head is levied on all immediate slaughter cattle.
(b) No assessment is paid on cattle slaughtered and retained by the owner for personal consumption.
(2) Collection of assessments will be collected in the same manner as the livestock inspection fees under RCW 16.57.223 and 16.65.090 except for subsection (1)(a) of this section. For immediate slaughter cattle or cattle originating from a certified feedlot, the assessments will be collected by the slaughter facility and remitted to the department by the fifteenth day of the month following the month the transaction occurred.
In addition to the assessment collected by the slaughter facility, the slaughter facility shall furnish the department a list of all cattle slaughtered during any given month.
(3) Assessments owed from private individual sales, trades, gifting, barter, or any other action that constitutes a change of ownership of livestock per WAC 16-610-020(3), not occurring at a public livestock market or special sale licensed under chapters 16.65 RCW and 16-610 WAC or a slaughter facility, will be collected:
(a) When a change of ownership livestock inspection is conducted or when the transaction is reported through an electronic livestock movement reporting system per chapter 16-610 WAC.
(b) When utilizing the "green tag" as provided in RCW 16.57.160(3). The assessment will be added to the purchase price of each tag.
(4) Assessments are collected at a federally inspected slaughter facility when:
(a) Cattle are sold and slaughtered concurrently. This is considered a one assessment event and one fee shall be collected per head from the seller.
(b) Cattle originate from a certified feedlot licensed under chapter 16.58 RCW. The assessments will be collected by the slaughter facility and remitted to the department by the fifteenth day of the month following the month the transaction occurred.
(c) Cattle are slaughtered and no change of ownership has occurred, the per head fee shall be collected from the owner of the animal.
(5) Collection of assessments for custom slaughtering occurs when utilizing custom slaughter beef tags per WAC 16-610-100. The assessment will be added to the purchase price of each tag.
(6) Collection of assessments at public livestock markets and special sales licensed under chapter 16.65 RCW will be considered one assessment event, charged to the seller, when:
(a) Cattle are purchased and destined to an out-of-state location by the buyer.
(b) Cattle are purchased and destined for slaughter to an in-state federally inspected slaughter facility.
(7) When Washington origin cattle are transported for sale to an out-of-state market where the director conducts inspections of Washington origin cattle by agreement with the host state, it shall be considered one assessment event and one fee shall be collected per head from the Washington seller.
(8) Collection of assessments for out-of-state movement occurs when:
(a) Cattle are purchased and destined to an out-of-state location by the buyer. This is considered a one assessment event and one fee shall be collected per head from the seller.
(b) Cattle are moving out-of-state with no change of ownership.
NEW SECTION
WAC 16-29-020 Inspection of records.
The slaughter facility must keep accurate records for six years for all cattle entering a federally inspected slaughter facility. Records must be open for review by authorized department of agriculture personnel during normal business hours, and must be provided to the department upon the director's request.
NEW SECTION
WAC 16-29-025 Penalty outline and schedule.
(1) If any person fails to comply with the requirements of RCW 16.36.150 and this chapter, the director may issue that person a notice of infraction and may assess a penalty.
(2) Each violation is a separate and distinct offense. Penalties may be assessed per violation or per head.
(3) The following is the base penalty, not including statutory assessments.
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