WSR 07-15-072

EMERGENCY RULES

DEPARTMENT OF AGRICULTURE


[ Filed July 17, 2007, 1:55 p.m. , effective July 17, 2007, 1:55 p.m. ]


Effective Date of Rule: Immediately.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: The Washington state department of agriculture (WSDA) has entered into a memorandum of understanding (MOU) with the United States Department of Agriculture (USDA), agreeing that the WSDA will comply with all provisions of the national poultry improvement plan.

Purpose: Language is added to existing rule requiring that all poultry must come from United States Pullorum-Typhoid Clean or equivalent flocks or have a negative pullorum-typhoid test within ninety days before going to public exhibition.

Citation of Existing Rules Affected by this Order: Amending WAC 16-59-030.

Statutory Authority for Adoption: RCW 16.36.040.

Other Authority: Chapter 34.05 RCW.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: In order to receive federal funding for indemnity for commercial flocks in the event of depopulation for infection with low pathogenic avian influenza, USDA requires that states have a pullorum-typhoid testing requirement for poultry shown at public exhibition. WSDA is undertaking emergency rule making in order [to] avoid delay in receipt of the federal funding and to obtain the benefits for poultry producers that come with state participation in the program including access to federal indemnification funds.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: July 17, 2007.

Robert W. Gore

Deputy Director

OTS-9853.2


AMENDATORY SECTION(Amending WSR 99-09-024, filed 4/15/99, effective 5/16/99)

WAC 16-59-030   Testing of breeding stock.   (1)(a) Pullorum-typhoid: All poultry, including exhibition, exotic, and game birds, but excluding waterfowl, that are going to public exhibition shall come from U.S. Pullorum-Typhoid Clean or equivalent flocks, as defined by Title 9 CFR Section 145.53 (January 1, 2007), or have had a negative pullorum-typhoid test within ninety days before going to public exhibition.

(b) All poultry and hatching eggs in interstate movement must originate from parent or grandparent stock ((which)) that are registered as participating flocks under NPIP or equivalent state program. The poultry and hatching eggs must be classified as pullorum-typhoid free or must be tested negative for pullorum-typhoid within thirty days ((of)) before movement. Acceptable tests are standard tube agglutination, microagglutination, enzyme-linked immuno-sorbent assay (ELISA) or rapid serum test. The stained antigen, rapid whole blood test can be used for all poultry except turkeys. The state veterinarian may allow cloacal swab or environmental testing in lieu of blood testing for certain species of ratites. Any person who sells poultry or hatching eggs as pullorum-typhoid free must qualify under the provisions of this rule.

(c) Exempt from pullorum-typhoid requirements are:

(((a))) (i) Eggs for table consumption;

(((b))) (ii) Poultry for immediate slaughter; and

(((c))) (iii) Shipments consigned to a diagnostic laboratory or research institute approved by the department.

(2) Infectious laryngotracheitis; infectious coryza: Poultry cannot be imported if naturally infected or exposed to natural infection with infectious laryngotracheitis or infectious coryza. Such poultry can be imported under permit from the state veterinarian. The shipment can only be moved into the state when accompanied by an official federal form VS1-27 completed and signed by a federal or state veterinarian. The shipment will be quarantined once it reaches its Washington destination. A permit will be granted when available information indicates that the poultry to be transported will not present a disease hazard to state of Washington flocks. Exempted from the infectious laryngotracheitis and infectious coryza requirements are:

(a) Poultry for immediate slaughter;

(b) Poultry consigned to a diagnostic laboratory or research institute approved by the department; and

(c) Eggs for table consumption from flocks naturally infected or vaccinated with virulent vaccines. To meet this exemption, eggs for table consumption must be washed and sanitized by methods required by the state veterinarian after consultation with Washington state poultry pathologists. Crates, equipment, and packaging material used for transportation must be cleaned and disinfected to the department's satisfaction or must be burned before leaving the slaughter, diagnostic, or egg processing premises. If crates, equipment and packaging material cannot be burned, they must be disposed of by a method in compliance with local air quality standards that still provide for destruction of pathogens.

(3) Ornithosis: Poultry and eggs are not to be imported into or moved intrastate in Washington if ornithosis is suspected or has been diagnosed. The state veterinarian may make an exception and issue a permit for importation or movement after proper treatment with a recommended antibiotic and observation of the appropriate withdrawal time.

[Statutory Authority: RCW 16.36.040. 99-09-024, 16-59-030, filed 4/15/99, effective 5/16/99. Statutory Authority: Chapter 16.36 RCW. 94-23-122, 16-59-030, filed 11/22/94, effective 12/23/94. Statutory Authority: RCW 16.36.040 and 16.36.050. 89-06-007 (Order 1994), 16-59-030, filed 2/17/89; Order 997, Regulations 3, 4, 5, filed 1/21/66.]

Washington State Code Reviser's Office