WSR 03-12-020

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF AGRICULTURE


[ Filed May 28, 2003, 1:43 p.m. ]

Subject of Possible Rule Making: WAC 16-54-155 Exotic Newcastle Disease (END) quarantine.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 16.36 RCW.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: To prevent the introduction or spread of Exotic Newcastle Disease (END) into Washington state. The virus that causes the disease is highly contagious and is readily spread by contact with infected birds or materials contaminated with the causative virus.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: USDA-APHIS, Veterinary Services (VS). RCW 16.36.100 authorizes the director of the Washington State Department of Agriculture to cooperate with agencies of Washington, other states and the federal government. A general agreement with USDA-APHIS, VS delineates each agency's responsibilities.

Process for Developing New Rule: A serious avian disease known as Exotic Newcastle Disease (END) was first diagnosed in backyard poultry in Los Angeles County, California, October 1, 2002. Control efforts have not yet been successful in eliminating the disease in the quarantined areas. The rule is necessary to carry out the director's duties to protect avian health/public health in the state.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Dr. Kathleen M. Connell, DVM, Acting State Veterinarian, P.O. Box 42577, Olympia, WA 98504-2577, (360) 902-1878, fax (360) 902-2087, e-mail kconnell@agr.wa.gov.

May 27, 2003

Valoria Loveland

Director


NEW SECTION
WAC 16-54-155   Exotic Newcastle Disease (END) quarantine.   This section applies to all avian species and commercial traffic originating from END quarantine areas in the United States and to bird exhibits, shows, auctions, public displays and competitions held in Washington State.

(1) Areas under quarantine. The areas under quarantine include all counties and portions of counties declared to be under quarantine for END by the U.S. Department of Agriculture (USDA), Animal and Plant Health Inspection Service.

(2) Items under restriction. Birds, poultry, poultry products, poultry waste, vehicles, equipment and materials that could transmit END. Included in the restriction are vehicles that make deliveries of live birds into the quarantine zone and return to Washington State.

(3) No live or dead bird of any type, including poultry, poultry product, material or poultry waste, that could transmit END may be moved into Washington State from the area under quarantine. An exemption is made for eggs that have met the requirements of 9 CFR 82.8, including washing, sanitizing and packing in new material.

(4) No equipment used for the processing of eggs or for the housing, feeding, watering, entertaining, or otherwise caring for birds of any type may be moved into Washington State from the area under quarantine unless accompanied by a certificate signed by an official of the USDA or the California Department of Food and Agriculture stating the equipment has been cleaned and disinfected according to a protocol established by the USDA.

(5) The driver of a commerical vehicle orginating from the area under quarantine who is transporting feed or eggs must provide proof, if asked by an agriculture inspector, of the cleaning and disinfection of the vehicle, trailer, and packing material performed immediately prior to the loading of the vehicle. This proof must be provided in writing and demonstrate that the cleaning and disinfection was performed according to the protocol established by the USDA.

(6) A driver of a vehicle of any type transporting a bird must provide, if asked by any agriculture inspector, an original health certificate issued by an accredited veterinarian within thirty days prior to entry stating the birds are healthy and do not originate from a quarantined area. Photocopies of health certificates must have an original veterinarian signature. National Poultry Improvement Plan (NPIP) forms for movement of poultry may be used by members of NPIP with the certification that the shipment did not originate from a quarantined area.

(7) A promoter of an event in Washington State, such as an exhibit, show, auction, competition, or other public display of birds of any type shall immediately inform the State Veterinarian by mail, facsimile, or electronic mail of a scheduled event. The notification shall include the contact name, mailing address, physical address of the event, and daytime telephone number.

(8) A promoter of an event in Washington State, such as an exhibit, show, auction, competition, or other public display of birds of any type, shall inform the event exhibitors and vendors in writing of this WAC, the current quarantine for END, and the risk of introducing END into Washington State. The promoter also shall require each event exhibitor and vendor to attest in writing that they are not in violation of this WAC. The signed document shall be forwarded to the State Veterinarian within one week of the conclusion of the event.

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