WSR 07-03-123

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed January 22, 2007, 3:36 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-16-088.

Title of Rule and Other Identifying Information: Chapter 16-70 WAC, Animal diseases -- Reporting.

Hearing Location(s): Holiday Inn Express, 9220 East Mission Avenue, Spokane Valley, WA 99206, on March 13, 2007, at 6:30 p.m.; at the Ellensburg Inn, 1700 Canyon Road, Ellensburg, WA 98926, on March 14, 2007, at 6:30 p.m.; and at the Best Western Tulalip Inn, 3228 Marine Drive N.E., Marysville, WA 98271, on March 15, at 6:30 p.m.

Date of Intended Adoption: March 16, 2007.

Submit Written Comments to: Teresa Norman, 1111 Washington Street S.E., Olympia, WA 98504-2560, e-mail WSDARulesComments@agr.wa.gov, fax (360) 902-2092, by 5:00 p.m. on March 15, 2007.

Assistance for Persons with Disabilities: Contact the WSDA receptionist by March 6, 2007, TTY (360) 902-1996 or (360) 902-1976.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend rules relating to the reporting of infectious and contagious livestock disease to:

(1) Make them current with the World Organization of Animal Health's list of notifiable diseases;

(2) Clarify the requirements in order to make the rules clear and usable;

(3) Include important diseases that are not on the World Organization of Animal Health's list of notifiable diseases; and

(4) Remove requirements with no statutory authority.

Reasons Supporting Proposal: The amendments will make it easier for animal health veterinarians and technicians to comply with disease reporting requirements and will contribute to the overall health, safety, and welfare of the state's citizens, livestock, and pet animals.

Statutory Authority for Adoption: Chapters 16.36 and 34.05 RCW.

Statute Being Implemented: Chapter 16.36 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: The Washington state department of agriculture, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Leonard Eldridge, P.O. Box 42577, Olympia, WA 98504-2577, (360) 902-1881.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no economic impact associated with these rule amendments.

A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency in RCW 34.05.328 (5)(a)(i).

January 22, 2007

Leonard E. Eldridge, DVM

State Veterinarian

OTS-9482.2


AMENDATORY SECTION(Amending WSR 00-06-064, filed 3/1/00, effective 4/1/00)

WAC 16-70-005   Definitions.   For the purpose of this chapter:

(((1))) "Animal" means any animal species except fish and insects including all those so classified as wild, captive wild, exotic wild, alternative livestock, semidomesticated, domestic or farm.

(((2) "Domestic animal" means any farm animal raised for the production of food and fiber or companion animal or both.

(3) "Farm animal" means any species which have normally and historically been kept and raised on farms in Washington, the United States, or elsewhere and used or intended for use as food, fiber, breeding, or draft and which may be legally kept for such use in Washington and are not those animals classified as wildlife or deleterious exotic wildlife under Title 77 RCW.

(4) "Alternative livestock" means any species which can be kept or raised on farms and used or intended for use as food, fiber, breeding, or draft and which may be legally kept for use in Washington and are not those animals classified as wildlife or deleterious exotic wildlife under Title 77 RCW.

(5) "Wild animal" means those species of the class Mammalia whose members exist in Washington in a wild state.

(6) "Exotic wild animal" means those species of animals whose members do not exist in the state of Washington but exist elsewhere in the world in the wild state.

(7))) "OIE notifiable disease list" means the diseases listed by the OIE in the Terrestrial Animal Health Code (15th Edition, 2006). The OIE notifiable disease list may be found on the internet at: http://www.oie.int/eng/maladies/en_classification.htm. The list may also be found in the Washington state department of agriculture's Animal Health Handbook for Veterinarians.

"OIE" means Office International des Epizooties. The OIE is the World Organization of Animal Health.

"Reportable disease list" means the list of diseases that are reportable to the OIE and the state veterinarian.

(((8))) "Veterinary laboratory" means a place equipped for performing diagnostic or investigative procedures on submitted specimens from animals and fish ((or their environment where the tests are conducted)) by personnel whose primary duties are to conduct such procedures.

[Statutory Authority: RCW 16.36.010(1), [16.36.]040 and [16.36.]080(4). 00-06-064, 16-70-005, filed 3/1/00, effective 4/1/00. Statutory Authority: RCW 16.36.096 and 16.36.040. 93-19-127 (Order 5011), 16-70-005, filed 9/21/93, effective 10/22/93.]


AMENDATORY SECTION(Amending WSR 00-06-064, filed 3/1/00, effective 4/1/00)

WAC 16-70-010   ((Reporting diseases -- ))Requirements for reporting diseases that are on the OIE notifiable disease list.   (1) Any veterinary laboratory or person licensed to practice veterinary medicine in the state of Washington((, veterinary laboratories, and others designated by statute)) shall immediately report to the ((director)) office of the state veterinarian the ((discovery of the)) existence or suspected existence among any animals within the state of any ((of the)) reportable or notifiable diseases as published by the ((director of agriculture)) OIE (effective January 23, 2006) or in this chapter.

(2) Case definitions shall conform to OIE standards under the ((OIE International)) Terrestrial Animal Health Code ((where)) (15th Edition, 2006) and the OIE Manual of Diagnostic Tests and Vaccines for Terrestrial Animals, 5th Edition, 2004, with updates published online at: http://www.oie.int/eng/publicat/en_standards.htm.

(a) A case means an individual animal affected by one of the ((infectious or parasitic)) diseases ((recognized by OIE,)) listed on the OIE notifiable disease list or a disease listed in this chapter.

(b) The criterion by which "affected" is defined ((and made clear in each instance)) for each disease (for example: Clinical signs, serological evidence, etc.) is found in the Terrestrial Animal Health Code and Manual of Diagnostic Tests and Vaccines for Terrestrial Animals.

(c) The OIE ((International)) Terrestrial Animal Health Code can be found on the internet under OIE-((International)) Health Standards at: http://www.oie.int/eng/normes/en_mcode.htm. The ((International)) Terrestrial Animal Health Code is available in web format ((or)); a hard copy version may be ordered from OIE. ((Exceptions to the above standards are as noted in subsection (3) of this section.

(2) The following listed emergency diseases, suspected or confirmed, shall be reported immediately (by telephone or fax on day discovered) to the office of the state veterinarian whenever encountered among animals within the state:


((All suspected foreign or eradicated diseases including all of the following diseases:
African Horse Sickness
African Swine Fever
Bovine Spongiform Encephalopathy (BSE)
Caprine and Ovine Brucellosis (excluding Brucella ovis)
Classical Swine Fever (Hog Cholera)
Contagious Bovine Pleuropneumonia
Contagious Equine Metritis
Contagious Agalactia
Contagious Caprine Pleuropneumonia
Dourine
Enterovirus Encephalomyelitis (exotic strains)
Epizootic Lymphangitis
Equine Piroplasmosis
Exotic (velogenic and mesogenic strains) Newcastle Disease
Foot and Mouth Disease (all types)
Glanders
Heartwater
Horse Pox
Japanese Encephalitis
Lumpy Skin Disease
Malignant Catarrhal Fever (foreign strain)
Nairobi Sheep Disease
Ovine Pulmonary Adenomatosis
Peste des Petits Ruminants
Rift Valley Fever
Rinderpest
Salmonellosis (Salmonella abortus ovis)
Screwworm
Sheep Pox and Goat Pox
Surra (Trypanosoma evansi)
Theileriasis (Theilera parva, T. annulata and other foreign species)
Trypanosomiasis (Trypanosoma congolense, T. vivax, T. brucei brucei)
Venezuelan Equine Encephalomyelitis
In addition the following foreign fish diseases are reportable to the director through the director of the Washington department of fish and wildlife:
Epizootic Hematopoietic Necrosis
Herpesvirosis of Salmonids (Onchorynchus Masou Virus Disease)
Spring Viremia of Carp
Viral Hemorrhagic Septicemia (European strain)
The following domestic diseases are also reportable immediately:
Anthrax
Fowl Plague (Highly Pathogenic Avian Influenza)
Rabies
Swine Vesicular Disease
Sylvatic plague
Vesicular stomatitis))

(3) The following listed diseases suspected or confirmed shall be reported the next working day, by telephone or fax to the office of the state veterinarian whenever encountered among animals within the state. Case definitions are as indicated for each disease.


((Brucellosis (positive serology, abortion, or bacterial culture)
Contagious Ecthyma (sheep, goats, llama, alpaca) (clinical signs or virus isolation)
Chronic Wasting Disease (Cervids) (clinical signs, histopathology, or chemical histopathology)
Equine Encephalitis EEE, WEE (horses) (clinical signs, histopathology, or positive serology with increasing titer)
Fowl Typhoid (Salmonella gallinarum) (bacterial culture and positive serology)
Infectious Coryza (poultry) (clinical signs, bacterial culture and positive serology)
Laryngotracheitis (poultry) (clinical signs, viral culture or positive serology)
Lyme Disease (any species) (clinical signs and positive serology)
Ornithosis or Psittacosis (all birds) (bacterial culture, positive serology, or other positive laboratory diagnostic tests)
Pullorum Disease (Salmonella pullorum or typhoid) (bacterial culture and positive serology)
Potomac Horse Fever (horses) (clinical signs and positive serology)
Pseudorabies (swine) (positive serology)
Scrapie (sheep, goats) (clinical signs, histopathology, or chemical histopathology)
Tuberculosis (clinical signs, history of exposure, responder to tuberculin, granulomas submitted as possible tuberculosis lesions, acid fast organisms not identified as Johne's or benign types, bacterial culture positive for M. tuberculosis, M. bovis or M. avium in a mammal, or other laboratory tests diagnostic for M. tuberculosis, M. bovis or M. avium in a mammal)
Tularemia (sheep, dogs, cats, rabbits, wildlife) (clinical signs, serology or bacterial culture)))

(4) The following listed diseases are reportable monthly by the fifth working day of the month to the office of the state veterinarian when diagnosed in the previous month by any veterinary laboratory performing testing or diagnostic procedures on any animal resident in the state of Washington. Only the first case of each individual disease diagnosed each month needs to be reported. The diseases listed below with others listed in subsections (1) and (2) of this section will be reported on a qualitative basis each month to the National Animal Health Reporting System (NAHRS) by the state veterinarian.


((Anaplasmosis
Atrophic Rhinitis
Babesiosis
Bovine Genital Campylobacteriosis
Avian Infectious Bronchitis
Avian Tuberculosis
Caprine Arthritis/Encephalitis (CAE)
Cysticercosis
Dermatophilosis (Dermatophilus congolensis) cattle only
Duck Viral Enteritis
Duck Viral Hepatitis
Bluetongue
Echinococcosis/Hydatidosis
Enzootic Abortion of Ewes (Ovine Psittacosis, Chlamydia psittaci)
Enzootic Bovine Leukosis (BLV)
Equine Influenza (Virus Type A)
Equine Rhinopneumonitis (1 and 4)
Equine Viral Arteritis (EVA)
Fowl Cholera (Pasteurella multocida)
Fowl Pox
Hemorrhagic Septicemia (Pasteurella multocida)
Horse mange
Infectious Bursal Disease (Gumboro Disease)
Infectious Bovine Rhinotracheitis/Infectious Pustular Vulvovaginitis (IBR/IPV)
Infectious Hematopoietic Necrosis (to be reported by fish laboratories)
Leptospirosis
Maedi-Visna/Ovine Progressive Pneumonia
Marek's Disease
Mycoplasmosis (Mycoplasma gallisepticum)
Ovine Epididymitis (Brucella ovis)
Paratuberculosis (Johne's Disease)
Porcine Reproductive and Respiratory Syndrome (PRRS)
Transmissible Gastroenteritis (TGE)
Trichomoniasis
Q Fever (Coxiella burnetti)))

(5) The following list of diseases suspected or confirmed by veterinarians or veterinary laboratories shall be reported if notified to do so by letter from the state veterinarian's office whenever encountered in any animals during the reporting month. These diseases are to be reported by the 10th day of the next month. The case definition will be supplied with notification of required reporting.


((Anaplasmosis
Aleutian disease (mink)
Atrophic rhinitis
Blackleg
Bovine viral diarrhea
Botulism (horses, swine, mink)
Bluetongue
Campylobacteriosis
Coccidiosis (clinical cases only)
Distemper (dogs, mink)
Edema disease of swine
Equine protozoal myeloencephalitis
Equine viral arteritis (abortion or respiratory)
Equine viral rhinopneumonia (abortion)
Erysipelas (swine)
Feline panleukopenia
Heartworm
Histoplasmosis
Influenza (swine) (horses)
Leptospirosis
Leukosis (cattle)
Leukemia (cats)
Listeriosis
Malignant edema (horses, cattle)
Malignant catarrhal fever (sheep)
Mycotic stomatitis
Infectious mastitis (cattle) (goats)
Newcastle disease (lentogenic or low pathogenic strain)
Paratuberculosis (Johne's disease, confirmed only)
Parvo and related viruses (dogs)
Salmonellosis (including paratyphoid and enteritidis in poultry typhimurium (DT 104), S. dublin and S. newport in cattle and any salmonella outbreaks in horses)
Scabies (swine and small animals) (nonotodectic)
Strangles (confirmed Strep. equi)
Tetanus (clostridium tetani) (horses) (sheep)
Transmissible mink encephalopathy
Toxoplasmosis
Transmissible gastroenteritis (TGE of swine)
Tuberculosis (dogs, cats)
Trichomoniasis))

[Statutory Authority: RCW 16.36.010(1), [16.36.]040 and [16.36.]080(4). 00-06-064, 16-70-010, filed 3/1/00, effective 4/1/00. Statutory Authority: RCW 16.36.096 and 16.36.040. 93-19-127 (Order 5011), 16-70-010, filed 9/21/93, effective 10/22/93; Order 1005, Regulations 1-3, filed 7/22/66, effective 8/22/66; Order 655, Regulation 1, effective 5/19/53.]


AMENDATORY SECTION(Amending Order 5011, filed 9/21/93, effective 10/22/93)

WAC 16-70-020   ((Reporting diseases -- Not required, requested only.)) Other diseases reportable to WSDA.   (1)(a) In addition to the diseases published on the OIE notifiable disease list, the state veterinarian may request reports on ((any)) other diseases ((that)) of concern ((the director)) from a statistical or survey standpoint associated with overall disease control measures.

(b) Any veterinarian or veterinary laboratory may ((also)) voluntarily report ((any)) to the office of the state veterinarian other diseases ((of this nature on the monthly disease report forms as he/she determines they are pertinent to the purposes of the department and advantageous to disease control in the state)) that are not on the OIE notifiable disease list or not listed below.

(2) In addition to the diseases that are on the OIE notifiable disease list, the following diseases must be reported immediately to the office of the state veterinarian:

Beef measles (Teania saginata)

Chronic wasting disease in cervids (Transmissible Spongiform Encephalopathy)

Contagious ecthyma (Orf)

Hantavirus

Infectious Coryza in poultry (Hemophilus gallinarum)

Listeriosis

Low pathogenic avian influenza H5/H7

Lyme disease

Plague (Yersinia pestis)

Potomac horse fever (Erlichiosis)

Salmonellosis (any livestock species)

Scabies (any livestock species)

Shigella-toxin producing E. coli

Strangles in equine (Streptococcus equi)

[Statutory Authority: RCW 16.36.096 and 16.36.040. 93-19-127 (Order 5011), 16-70-020, filed 9/21/93, effective 10/22/93; Order 1005, Regulation 4, filed 7/22/66, effective 8/22/66.]

Washington State Code Reviser's Office