WSR 03-15-139

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed July 23, 2003, 8:51 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-12-020.

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

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

Statutory Authority for Adoption: Chapter 16.36 RCW.

Statute Being Implemented: RCW 16.36.010 - [16.36.]100.

Summary: The virus that causes the disease is highly contagious and is readily spread by contact with infected birds and material contaminated with the causative virus.

Reasons Supporting Proposal: The disease was first diagnosed in backyard poultry in California on October 1, 2002. An emergency rule was implemented to prevent the spread to Washington state. The rule is necessary to carry out the director's duties to protect the avian health/public health in the state.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Dr. Kathy Connell, 1111 Washington Street, Olympia, WA 98504-2577, (360) 902-1878.

Name of Proponent: USDA-APHIS, VS, poultry producers, pet stores that sell psittacine birds, private psittacine bird raisers, private, public and governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: USDA-APHIS, VS has a general agreement that delineates each agency's responsibilities. RCW 16.36.100 authorizes the director of the Washington State Department of Agriculture (WSDA) to cooperate with agencies of Washington, other states and the federal government.

Rule is necessary because of federal law, 9 C.F.R. 71.2 and 71.3.

Explanation of Rule, its Purpose, and Anticipated Effects: 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. It was first diagnosed in backyard poultry in California on October 1, 2002. Control efforts have not yet been successful in eliminating the disease in the quarantined areas. The desired outcome is to make it a permanent rule instead of implementing an emergency rule every time there is an outbreak in the United States.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule does not result in any significant inequities or disproportionate impacts. The benefits to the general population is maintaining good animal disease control and public health.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. WSDA is not a listed agency in section 201.

Hearing Location: Natural Resources Building, First Floor Cafeteria Conference Room, 1111 Washington Street, Olympia, WA 98504-2577, on August 26, 2003, at 2:00 p.m.

Assistance for Persons with Disabilities: Contact Laurie Crose by August 25, 2003, TDD (360) 902-1996.

Submit Written Comments to: Dr. Kathy Connell, Acting State Veterinarian, Food Safety, Animal Health and Consumer Services, P.O. Box 42577, Olympia, WA 98504-2577, e-mail kconnell@agr.wa.gov, fax (360) 902-2087, by August 25, 2003.

Date of Intended Adoption: August 29, 2003.

July 8, 2003

Kathy Kravit-Smith

Assistant Director

OTS-6521.1


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 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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