WSR 07-10-084

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed May 1, 2007, 2:08 p.m. ]

Continuance of WSR 07-08-018.

Preproposal statement of inquiry was filed as WSR 06-16-090.

Title of Rule and Other Identifying Information: Chapter 16-610 WAC, Livestock inspection and identification.

Hearing Location(s): WSU - Mount Vernon Northwestern Washington Research & Extension Center, 16650 State Route 536, Mount Vernon, WA 98273-4768, on June 12, 2007, at 5:00 p.m.; and at the Moses Lake Fire Department, 701 East Third Avenue, Moses Lake, WA 98837, on June 14, 2007, at 5:00 p.m.

Date of Intended Adoption: June 28, 2007.

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

Assistance for Persons with Disabilities: Contact WSDA Receptionist by June 4, 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 chapter 16-610 WAC to clarify and consolidate requirements, to make the language clear and usable, to amend fees for livestock brand inspection, to include rules for open consignment horse sales, and to include a penalty schedule for notices of infraction.

Reasons Supporting Proposal: The proposal to amend chapter 16-610 WAC is in response to a change in state law enacted by the legislature (ESB 6376). The proposal will amend fees for livestock brand inspections so that they match those set in statute, and will provide for the self-inspection of up to twenty-five head of cattle. On the advice of the assistant attorney general and the officer of the courts, we propose to include a civil infraction schedule for violations of chapter 16.57 RCW in order to allow the department to pursue penalties for illegal actions. In addition, rules regarding open consignment horse sales are needed to specify when and where these types of sales can be held.

Statutory Authority for Adoption: Chapters 16.57, 16.58, 16.65, and 34.05 RCW.

Statute Being Implemented: Chapters 16.57, 16.58, and 16.65 RCW.

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

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

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Leslie Alexander, Pasco, (509) 543-7383.

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

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).

May 1, 2007

Leonard E. Eldridge, DVM

State Veterinarian

Washington State Code Reviser's Office