WSR 10-07-145

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed March 24, 2010, 8:19 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-02-112.

Title of Rule and Other Identifying Information: Chapter 16-30 WAC, Restricted feedlots and restricted holding facilities.

Hearing Location(s): Natural Resources Building, 1111 Washington Street S.E., Second Floor, Conference Room 259, Olympia, WA 98504, on April 29, 2010, at 1:00 p.m.; and at the Kittitas County Event Center, Heritage Center, 512 North Poplar Street, Ellensburg, WA 98926, on May 10, 2010, at 1:00 p.m.

Date of Intended Adoption: June 1, 2010.

Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504-2560, e-mail WSDARulesComments@agr.wa.gov, fax (360) 902-2092, by 5:00 p.m., May 11, 2010.

Assistance for Persons with Disabilities: Contact WSDA receptionist by April 23, 2010, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department proposes to amend chapter 16-30 WAC to establish three types of restricted holding facilities. The first type of holding facility is one where imported animals are held in quarantine until they meet animal health import requirements. The second type of holding facility is a dry feed yard with no provision for grazing where cattle that have been imported into the state and are destined for slaughter only are confined for feeding. These cattle can only be moved to a federally inspected slaughter plant. The third type of holding facility is a holding facility for permanently quarantined animals.

Reasons Supporting Proposal: These changes are necessary to prevent the spread of disease in the state and to protect the public's health and welfare.

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: Washington state department of agriculture (WSDA), governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Paul Kohrs, DVM, Olympia, (360) 902-1835; and Enforcement: Leonard Eldridge, DVM, Olympia, (360) 902-1878.

No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 (1)(a) requires that an agency prepare a small business economic impact statement (SBEIS) for proposed rules that impose a more than minor cost on businesses in an industry. The department has analyzed the economic effects of the proposed revisions and has concluded that they are negligible costs on the regulated industry and, therefore, a formal SBEIS is not required.

A cost-benefit analysis is not required under RCW 34.05.328. The WSDA is not a listed agency under RCW 34.05.328 (5)(a)(i).

March 24, 2010

Robert W. Gore

Deputy Director

OTS-3115.1


AMENDATORY SECTION(Amending WSR 08-01-095, filed 12/17/07, effective 1/17/08)

WAC 16-30-010   Definitions.   In addition to the definitions found in RCW 16.36.005, the following definitions apply to this chapter:

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

"Director" means the director of the department of agriculture or the director's authorized representative.

"Official individual identification" means identifying an animal or group of animals using devices or methods including, but not limited to, official tags, tattoos, and registered brands when accompanied by a certificate of brand inspection from a brand inspection authority who is recognized by the director.

"Restricted ((cattle)) animals" means ((cattle)) animals being held in a restricted holding facility or a restricted feedlot.

(("Restricted feedlot" means a dry feed yard with no provision for grazing where cattle specified in this rule are confined for feeding and kept separate and apart from all other cattle.

"Restricted holding facility" means a dry feed yard with no provision for grazing where cattle are held to meet import test requirements.

"Test-eligible" means bulls over six months of age, brucellosis vaccinated female dairy cattle over twenty months of age, and brucellosis vaccinated beef breed female cattle over twenty-four months of age.))

[Statutory Authority: Chapters 16.36 and 34.05 RCW. 08-01-095, 16-30-010, filed 12/17/07, effective 1/17/08. Statutory Authority: Chapter 16.36 RCW. 99-14-032, 16-30-010, filed 6/29/99, effective 7/30/99. Statutory Authority: RCW 16.36.040 and 16.36.050. 89-06-014 (Order 1995), 16-30-010, filed 2/23/89; 88-05-003 (Order 1964), 16-30-010, filed 2/5/88; Order 955, Regulation 1, filed 8/31/64; Order 851, Regulation 1, effective 7/19/61.]


AMENDATORY SECTION(Amending WSR 08-01-095, filed 12/17/07, effective 1/17/08)

WAC 16-30-025   Restricted feedlots.   (1) A restricted feedlot is a designated area that is isolated from all other nonrestricted areas within a feedlot. All cattle in a restricted feedlot must remain in slaughter channels. Restricted feedlots must meet the following standards:

(a) Cattle in the restricted feedlot must not share water or feeding facilities accessible to other areas.

(b) Restricted feedlots must be clearly identified as such by signs permanently affixed at all corners stating "restricted feeding area" in letters a minimum of six inches in height.

(c) There must be a minimum of thirty feet between restricted feedlots and other lots and facilities.

(d) No common fences and gates may be used.

(2) The purpose of a restricted feedlot is to accept for feeding purposes with no provision for grazing or commingling with unrestricted cattle:

(a) Female cattle from a Class Free state that are not officially brucellosis vaccinated and not knowingly exposed to brucellosis;

(b) Cattle that enter Washington state on a brand certificate that includes the entry permit number and without a certificate of veterinary inspection; and

(c) Cattle imported from Canada. These cattle must be confined to the initial restricted feedlot until moved to slaughter.

(3)(a) Restricted feedlots may buy and import cattle from a Class A state if the cattle do not originate from a herd known to be exposed to brucellosis. Female cattle entering a restricted feedlot from a Class A state must be:

(i) Officially brucellosis vaccinated; or

(ii) Brucellosis tested negative within thirty days prior to movement.

(b) Cattle may not be imported from restricted feedlots that accept cattle known to be exposed to brucellosis.

(4) The classification of states and areas as Class Free and Class A is designated by United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS) in Title 9 CFR Part 78.41 (January 1, 2006) and is defined in Brucellosis Eradication: Uniform Methods and Rules, effective October 1, 2003.

[Statutory Authority: Chapters 16.36 and 34.05 RCW. 08-01-095, 16-30-025, filed 12/17/07, effective 1/17/08. Statutory Authority: RCW 16.36.040 and 16.36.050. 89-06-014 (Order 1995), 16-30-025, filed 2/23/89.]


AMENDATORY SECTION(Amending WSR 09-03-018, filed 1/9/09, effective 2/9/09)

WAC 16-30-030   Conditions of permit to operate a restricted feedlot.   The operator of a restricted feedlot must abide by the following conditions:

(1) There shall be no contact between animals not also similarly restricted.

(2) No cattle shall be removed from the restricted feedlot except to a federally inspected slaughter plant, a slaughter plant of like status, or a restricted feedlot of like status.

(3) The restricted feedlot will be maintained in a condition that follows common industry practices to mitigate disease risk.

(4) The owner or manager of a restricted feedlot will notify the department ((will be notified)) immediately of any outbreak of any infectious or contagious disease.

(5) The disposal of dead livestock will be in accordance with the laws relating to the disposal of dead livestock and in accordance with chapter 16-25 WAC.

(6) Accurate records will be kept for six years accounting for all cattle entering and leaving the restricted feedlot. Records must be open for review by authorized department of agriculture personnel during normal business hours, and must be provided to the department upon the director's request.

(7) Proper facilities shall be provided for inspection of brands, branding, and identification of cattle.

(8) The state veterinarian has the authority to enter the restricted feedlot at any reasonable time to conduct tests, examinations, and inspections.

[Statutory Authority: Chapters 16.36 and 34.05 RCW. 09-03-018, 16-30-030, filed 1/9/09, effective 2/9/09; 08-01-095, 16-30-030, filed 12/17/07, effective 1/17/08. Statutory Authority: RCW 16.36.040 and 16.36.050. 89-06-014 (Order 1995), 16-30-030, filed 2/23/89; 88-05-003 (Order 1964), 16-30-030, filed 2/5/88. Statutory Authority: Chapter 16.36 RCW. 83-07-028 (Order 1790), 16-30-030, filed 3/14/83; Order 955, Regulation 3, filed 8/31/64; Order 851, Regulation 3, effective 7/19/61, but corrected for clerical error by filing dated 7/20/61.]


AMENDATORY SECTION(Amending WSR 08-01-095, filed 12/17/07, effective 1/17/08)

WAC 16-30-035   Types of restricted holding facilities.   (1) Restricted holding facilities are isolated areas approved and licensed by the director, as advised by the ((designated brucellosis and tuberculosis epidemiologist. Such facilities are specifically for cattle that have been imported into the state but have not met the department's brucellosis and tuberculosis entry requirements.

(2) The restricted holding facility area shall house restricted cattle separate and apart from all other cattle.

(3) Upon negative brucellosis and tuberculosis test results, restricted cattle will be released from the holding facility.

(4) Milk from restricted cattle may not be used for human consumption.

(5) Restricted holding facilities must be clearly identified as such by signs permanently affixed at all corners stating "restricted holding facility" in letters a minimum of six inches in height.)) state veterinarian. Fees associated with restricted holding facilities are referenced in chapter 16-91 WAC.

(2) There are three categories of restricted holding facilities.

(a) A category 1 restricted holding facility is a facility where imported animals are held in quarantine until they meet animal health import requirements.

(b) A category 2 restricted holding facility is a dry feed yard with no provision for grazing where cattle that have been imported into the state and are destined for slaughter only are confined for feeding. Cattle in a category 2 restricted holding facility must remain in slaughter channels and move only to a federally inspected slaughter plant or other restricted facilities of like status.

(c) A category 3 restricted holding facility is a holding facility for permanently quarantined animals.

[Statutory Authority: Chapters 16.36 and 34.05 RCW. 08-01-095, 16-30-035, filed 12/17/07, effective 1/17/08.]


AMENDATORY SECTION(Amending WSR 08-01-095, filed 12/17/07, effective 1/17/08)

WAC 16-30-038   Conditions of permit to operate ((a)) restricted holding ((facility)) facilities.   (1) The following are the basic requirements for all categories of restricted holding facilities:

(a) The restricted holding facility area shall house restricted animals separate and apart from all other nonrestricted animals. There may be no contact between animals not also similarly restricted and no commingling between separate shipments of animals.

(b) The restricted holding facility will be maintained in a sanitary condition to mitigate disease risk.

(c) The department of agriculture will be notified immediately of any outbreak of any infectious or contagious disease.

(d) Milk from restricted animals may not be used for human consumption.

(e) Restricted holding facilities must be clearly identified as such by signs permanently affixed at all corners stating "restricted holding facility" in letters a minimum of six inches in height.

(f) The disposition of dead animals will be in accordance with the laws relating to the disposal of dead livestock and in accordance with chapter 16-25 WAC.

(g) Accurate records will be kept for six years to account for all animals entering and leaving the restricted holding facility. Records must be open for review by authorized department of agriculture personnel during normal business hours, and must be provided to the department upon the director's request.

(h) The state veterinarian has the authority to enter the restricted holding facility at any reasonable time to conduct tests, examinations, and inspections.

(2) Additional requirements for a category 1 restricted holding facility. In addition to the basic requirements for all types of restricted holding facilities, the operator of a category 1 restricted holding facility must abide by the following conditions:

(((1))) (a) All ((cattle)) animals entering a category 1 restricted holding ((facilities)) facility must have official individual identification listed on the certificate of veterinary inspection.

(((2))) (b) No animals may be removed from the category 1 restricted holding facility until they meet state and federal import regulations.

(c) Animals may be removed from the restricted holding facility without meeting state and federal import regulations if they are sent to a federally inspected slaughter establishment and have not commingled with any other animals not also similarly restricted. Animals that have commingled with others not also similarly restricted must be tested negative for disease within thirty days before being released from the holding facility.

(3) Additional requirements for a category 2 restricted holding facility. In addition to the basic requirements for all types of restricted holding facilities, the operator of a category 2 restricted holding facility must abide by the following conditions:

(a) There may be no contact between cattle not also similarly restricted and no commingling between separate shipments of cattle.

(((3) No cattle may be removed from the restricted holding facility until they meet state and federal import regulations.

(4))) (b) Cattle may be removed from the restricted holding facility without meeting state and federal import regulations if they are sent immediately to a federally inspected slaughter plant.

(((5) The restricted holding facility will be maintained in a sanitary condition.

(6) The department of agriculture will be notified immediately of any outbreak of any infectious or contagious disease.

(7) The disposition of dead cattle will be in accordance with the laws relating to the disposal of dead livestock and in accordance with chapter 16-25 WAC.

(8) Accurate records will be kept for six years to account for all cattle entering and leaving the restricted holding facility. Records must be open for review by authorized department of agriculture personnel during normal business hours, and must be provided to the department upon the director's request.)) (c) There must be a minimum of thirty feet between the restricted holding facility and other lots and facilities.

(d) No common fences and gates may be used.

(e) Animals in the restricted holding facility must not share water or feeding facilities accessible to other areas.

(f) The state veterinarian will conduct at least two random, unannounced audits during each licensing period.

(4) Additional requirements for category 3 restricted holding facilities. In addition to the basic requirements for all types of restricted holding facilities, the operator of a category 3 restricted holding facility must abide by the following conditions:

(a) The operator of a category 3 restricted holding facility must abide by quarantine conditions set forth by the state veterinarian.

(b) Accurate records will be kept accounting for all animals entering the category 3 restricted holding facility for the length of the quarantine.

(c) An animal in a category 3 restricted holding facility may be legally removed from the facility only upon the animal's death or if the animal is moved from the location by permit from the state veterinarian's office on a United States Department of Agriculture VS form 1-27 for the movement of restricted or quarantined animals to another category 3 restricted holding facility.

(d) If an animal dies or is moribund in a category 3 restricted holding facility, the operator of the holding facility will immediately notify the state veterinarian of the animal's condition. The state veterinarian may require inspection and testing of the animal before disposal.

[Statutory Authority: Chapters 16.36 and 34.05 RCW. 08-01-095, 16-30-038, filed 12/17/07, effective 1/17/08.]


AMENDATORY SECTION(Amending WSR 08-01-095, filed 12/17/07, effective 1/17/08)

WAC 16-30-039   ((Permit)) Applications for a restricted feedlot or restricted holding facility.   (1) Application forms to establish a restricted feedlot or restricted holding facility may be obtained from:


Washington State Department of Agriculture

Animal Services Division

1111 Washington St. S.E.

P.O. Box 42577

Olympia, Washington 98504-2577

Phone: 360-902-1878.


(2) Applicants for restricted feedlots and restricted holding facilities must provide the following information on the application form:

(a) Name and address of applicant;

(b) Location of the restricted feedlot or restricted holding facility; and

(c) Drawing of the layout of the restricted feedlot or restricted holding facility.

[Statutory Authority: Chapters 16.36 and 34.05 RCW. 08-01-095, 16-30-039, filed 12/17/07, effective 1/17/08.]


AMENDATORY SECTION(Amending WSR 08-01-095, filed 12/17/07, effective 1/17/08)

WAC 16-30-040   Expiration and revocation of restricted feedlot and restricted holding facility permits.   (1) All permits for restricted feedlots and holding facilities expire on the 30th day of June of the year following the date of issue. Restricted feedlots and holding facilities must be inspected annually upon renewal and at any other time as determined by the director. Renewal of a restricted feedlot or a restricted holding facility is contingent upon accurate recordkeeping.

(2) Any violation of chapter 16.36 RCW or any of the rules adopted under that chapter is sufficient cause for the suspension or revocation of any permit to operate a restricted feedlot or restricted holding facility. In all proceedings for suspension or revocation of a restricted feedlot or restricted holding facility permit, the owner or manager has the right to request a hearing before revocation is made permanent. Any action shall be taken under the provisions of chapter 34.05 RCW, the Administrative Procedure Act.

[Statutory Authority: Chapters 16.36 and 34.05 RCW. 08-01-095, 16-30-040, filed 12/17/07, effective 1/17/08. Statutory Authority: RCW 16.36.040 and 16.36.050. 88-05-003 (Order 1964), 16-30-040, filed 2/5/88; Order 955, Regulation 4, filed 8/31/64; Order 851, Regulation 4, effective 7/19/61.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 16-30-050 Brands.
WAC 16-30-060 Brand time.
WAC 16-30-070 Place of brand.

Washington State Code Reviser's Office