WSR 08-03-010

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed January 4, 2008, 11:31 a.m. , effective February 4, 2008 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: To establish a pullorum-typhoid testing requirement for poultry shown at public exhibition. This rule is required under the provisions of the state-federal National Poultry Improvement Plan (NPIP), in which the state of Washington participates. In addition, this order changes the chapter title to "Avian Diseases in Washington State," removes language that is also found in chapter 16-54 WAC, Animal importation, and makes housekeeping changes.

Citation of Existing Rules Affected by this Order: Repealing WAC 16-59-010; and amending WAC 16-59-005, 16-59-020, 16-59-030, and 16-59-060.

Statutory Authority for Adoption: RCW 16.36.010 and 16.36.040.

Other Authority: Chapter 34.05 RCW.

Adopted under notice filed as WSR 07-21-153 on October 24, 2007.

Changes Other than Editing from Proposed to Adopted Version: WAC 16-59-005, corrects a citation to the Code of Federal Regulation; and WAC 16-59-030, includes "doves" and "pigeons" in the excluded birds and corrects the URL citation for the associated Code of Federal Regulation.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 4, Repealed 1.

Date Adopted: January 3, 2008.

Valoria H. Loveland

Director

OTS-1143.2

Chapter 16-59 WAC

((IMPORTATION AND MOVEMENT OF POULTRY AND HATCHING EGGS)) AVIAN DISEASES IN WASHINGTON STATE


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

WAC 16-59-005   Definitions.   (((1) "Baby poultry" means newly hatched poultry that have not been fed or watered.

(2))) "Department" means the Washington state department of agriculture ((of the state of Washington)).

(((3))) "Director" means the director of the Washington state department of agriculture ((of the state of Washington or his or her)) or the director's authorized representative.

(((4))) "Game birds" means ((domesticated)) fowl such as pheasants, partridge, chukars, quail, and grouse ((and guineas, but not doves and pigeons)) that are raised in confinement.

(((5))) "Hatching eggs" means fertile eggs that have the potential to hatch ((baby)) poultry.

(((6) "Infectious coryza" means a respiratory disease of poultry caused by haemophilus paragallinarum (gallinarum).

(7) "Infectious laryngotracheitis" means a highly contagious respiratory disease of poultry caused by a herpesvirus.

(8))) "NPIP" means USDA National Poultry Improvement Plan, a cooperative industry-state-federal program to eliminate egg-transmitted and hatchery-disseminated diseases. Title 9, Code of Federal Regulations, Parts 145 and 147, are the plan standards and contain the requirements for this voluntary program.

(((9) "Official health certificate" means a legible certificate of veterinary inspection on an official form of the state of origin or of the USDA Animal and Plant Health Inspection Service (APHIS) executed by a licensed and accredited veterinarian or a veterinarian approved by the proper official of USDA APHIS.

(10) "Ornithosis" means a disease of poultry caused by Chlamydia psittaci, transmissible to other animals and humans and synonymous with the term psittacosis.

(11))) "Person" means a person, persons, firm or corporation.

(((12))) "Poultry" means chickens, turkeys, ratites, waterfowl, game birds, pigeons, doves and other domestic fowl designated by statute. "Poultry" does not mean free ranging birds defined as wildlife in Title 77 RCW.

(((13) "Pullorum" means a disease of poultry caused by Salmonella pullorum.

(14) "Typhoid" means a disease of poultry caused by Salmonella gallinarum.))

[Statutory Authority: RCW 16.36.040. 99-09-024, 16-59-005, filed 4/15/99, effective 5/16/99.]


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

WAC 16-59-020   Wrongful sale.   It is unlawful for any person to exchange, sell, or otherwise distribute poultry or hatching eggs affected with or originating from flocks affected with pullorum-typhoid or other contagious, infectious, or communicable disease ((mentioned in this chapter)). The ((state veterinarian may make an exception and)) director has the authority to issue a permit for ((importation or)) movement of such poultry when satisfied ((such)) that the movement will not affect the health of flocks in the state.

[Statutory Authority: RCW 16.36.040. 99-09-024, 16-59-020, filed 4/15/99, effective 5/16/99; Order 997, Regulation 2, filed 1/21/66.]


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

WAC 16-59-030   Testing ((of breeding stock)) requirements for poultry entering public exhibition.   (((1))) Pullorum-typhoid: ((All poultry and hatching eggs in interstate movement must originate from parent or grandparent stock which 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 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. Exempt from pullorum-typhoid requirements are:

(a) Eggs for table consumption;

(b) Poultry for immediate slaughter; and

(c) 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.)) (1) All poultry that are going to public exhibition, including exhibition, exotic, and game birds, but excluding waterfowl, doves, and pigeons must:

(a) Come from U.S. Pullorum-Typhoid Clean or equivalent flocks, as defined in the National Poultry Improvement Plan and Auxiliary Provisions, Title 9 CFR, Section 145.53; or

(b) Have had a negative pullorum-typhoid test within ninety days before going to public exhibition.

(2) The department maintains a copy of the National Poultry Improvement Plan and Auxiliary Provisions for public inspection. You may also find the information on the internet at: http://www.access.gpo.gov/nara/cfr/waisidx_06/9cfrv1_06.html.

[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.]


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

WAC 16-59-060   Shipping equipment.   (1) In order to prevent the spread of disease, all poultry must be moved only in ((clean)) containers((. All crates or other containers used to transport live poultry into or within the state of Washington must be either new or thoroughly cleaned and disinfected and then washed with steam or hot water under pressure)) that are maintained in a sanitary condition and cleaned and disinfected when required by the director.

(2) All common carriers and any other conveyances used in ((the transportation of)) transporting live poultry to or from the receiving station or destination must be free from poultry droppings, feathers, and other debris.

[Statutory Authority: RCW 16.36.040. 99-09-024, 16-59-060, filed 4/15/99, effective 5/16/99; Order 997, Regulation 6, filed 1/21/66.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 16-59-010 Health certificates.

Washington State Code Reviser's Office