WSR 03-12-021

EMERGENCY RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 28, 2003, 1:45 p.m. ]

Date of Adoption: May 28, 2003.

Purpose: To prevent the introduction or spread of Exotic Newcastle Disease (END) in 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.

Citation of Existing Rules Affected by this Order: Amending chapter 16-54 WAC, Animal importation.

Statutory Authority for Adoption: Chapter 16.36 RCW.

Other Authority: Chapter 34.05 RCW.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: A serious avian disease known as Exotic Newcastle Disease (END) was first diagnosed in backyard poultry in Los Angeles County October 1, 2002. The disease was subsequently confirmed in birds in five commercial egg-laying facilities in Southern California since mid-December, 2002. Control efforts have not yet been successful in eliminating the disease in the quarantined area.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: Immediately.

May 27, 2003

Valoria Loveland

Director

EMERGENCY RULE
NEW SECTION
WAC 16-54-155   Exotic Newcastle Disease (END) emergency quarantine.   This section applies to all avian species and commercial traffic originating from the END quarantine zones in Arizona, California, Nevada, New Mexico and Texas 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 in Arizona, California, Nevada, New Mexico and Texas currently declared or in the future declared to be under quarantine for END by the state or 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 into the state of Washington.

(3) No live or dead bird of any type, including poultry, poultry products, 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 State Department of Agriculture stating the equipment has been cleaned and disinfected according to a protocol established by the USDA.

(5) The driver of a commercial vehicle originating 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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