WSR 19-11-116
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF AGRICULTURE
[Filed May 22, 2019, 7:34 a.m.]
Subject of Possible Rule Making: Chapter 16-610 WAC, Livestock brand inspection, the department is considering amending chapter 16-610 WAC to align with recently enacted legislation to:
Establish definitions for call out fee, certified veterinarian, electronic official individual identification, field livestock inspector, and livestock legacy brand;
Increase the membership of the livestock identification advisory committee;
Expand the electronic cattle transaction reporting (ECTR) system to allow for all cattle producers to report change of ownership and movement out of state transactions electronically;
Establish an ECTR licensing and renewal fee;
Modify those able to perform livestock inspections and the requirements associated with being a certified inspector;
Reflect livestock inspection fees;
Reflect a legacy brand transfer fee; and
Reflect brand transfer fees.
The department is also considering amending chapter 16-610 WAC to increase the certified inspector certification fee and revise language to increase clarity and readability and to conform with current industry practices.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 16.57.015, 16.57.020, 16.57.025, 16.57.080, 16.57.160, 16.57.220, 16.57.350, 16.57.450, 16.58.030, and 16.65.020.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: April 2019, the Washington state legislature passed ESSB 5959. This bill increases the membership of the livestock identification advisory committee, modifies livestock inspection fees, allows field livestock inspectors to perform livestock inspections, and expands the ECTR system to all cattle.
The department is initiating rule making to align with ESSB 5959.
The livestock inspection program is supported one hundred percent by user fees; deriving revenue from livestock inspections, brand recordings, and licensing fees. User fees had not been increased since 2006 and the program was facing a significant budget shortfall by the end of the 2017-19 biennium. ESSB 5959 not only increased fees but also allows the department to move animal disease traceability forward by expanding ECTR and the use of official electronic individual identification. The United States Department of Agriculture announced in April 2019 that official electronic cattle identification will become an industry-wide requirement as of 2023.
The department supported this industry requested legislation as a step forward for animal disease traceability, food safety, international trade, and the long-term economic viability of the livestock industry.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.
Process for Developing New Rule: Department staff will discuss any proposed amendments with affected stakeholders. Affected stakeholders will also have an opportunity to submit written comments on the proposed rules during the public comment period and will be able to present oral testimony at the public hearing.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jodi Jones, P.O. Box 42577, Olympia, WA 98504-2577, phone 360-902-1889, fax 360-902-2087, email jjones@agr.wa.gov, web site www.agr.wa.gov.
May 22, 2019
Jodi Jones
Acting Assistant Director