WSR 10-07-146

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed March 24, 2010, 8:20 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-01-103.

     Title of Rule and Other Identifying Information: Chapter 16-54 WAC, Animal importation.

     Hearing Location(s): Natural Resources Building, 1111 Washington Street S.E., Second Floor, Conference Room 259, Olympia, WA 98504, on April 29, 2010, at 2:00 p.m.; and at the Kittitas County Event Center, Heritage Center, 512 North Poplar Street, Ellensburg, WA 98926, on May 10, 2010, at 2:00 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 16-54 WAC to update import requirements to be consistent with other states. The department is proposing to amend the poultry test requirements, add a feral swine definition, amend the virgin bull definition, and amend the current laboratory testing requirements. Feral swine can carry the diseases of brucellosis and pseudorabies. The department prohibits entry of feral swine; therefore, it is necessary to define the difference of domestic swine and feral swine by creating a definition. The department is also proposing to amend the trichomoniasis section in that accredited veterinarians may not perform official trichomoniasis testing of bulls in Washington state until they have successfully completed a training provided by the department and pass a proficiency examination. This rule proposal also adds contagious equine metritis (CEM) to the import restrictions. CEM is a foreign animal disease that was introduced in the United States in 2009 and has the potential to be detrimental to our equine industry.

     Reasons Supporting Proposal: These rule amendments are necessary to prevent the spread of infectious and communicable diseases in Washington livestock.

     Statutory Authority for Adoption: RCW 16.36.040 and chapter 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 E. Eldridge, DVM, Olympia, (360) 902-1881.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030(1) requires that WSDA prepare a small business economic impact statement (SBEIS) if proposed rules will impose more than minor costs on affected businesses or industry. The department has analyzed the economic effects of the proposed revisions and has concluded that they do not impose more than minor costs on small businesses in 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-2881.5


AMENDATORY SECTION(Amending WSR 08-14-057, filed 6/25/08, effective 7/26/08)

WAC 16-54-010   Definitions.   In addition to the definitions found in RCW 16.36.005, the following definitions apply to this chapter:

     "Accredited free state" means a state that has been determined by United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) to have a zero prevalence of cattle and bison herds affected with bovine tuberculosis as listed in Title 9 CFR Part 77.79 (January 1, 2006).

     "Approved veterinary laboratory" means a laboratory that has been approved by National Veterinary Services Laboratories.

     "Certificate of veterinary inspection" means a legible veterinary health inspection certificate on an official form (electronic or paper) from the state of origin or from APHIS, USDA executed by a licensed and accredited veterinarian or a veterinarian approved by APHIS, USDA. The certificate of veterinary inspection is also known as an "official health certificate."

     "Class free and Class A, B, and C states" means states that are classified for brucellosis by USDA, APHIS in Title 9 CFR Part 78.41 (January 1, 2006).

     "Consigned" means to deliver for custody or sale.

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

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

     "Domestic bovine" means domesticated cattle, including bison.

     "Domestic equine" means horses, donkeys, mules, ponies, and other animals in the Equidae family.

     "Entry permit" means prior written permission issued by the director to admit or import animals or animal reproductive products into Washington state.

     "Exotic animal" means species of animals that are not native to Washington state but exist elsewhere in the world in the wild state.

     "Feral swine" means animals included in any of the following categories:

     • Animals of the genus Sus that are free roaming on public or private lands and do not appear to be domesticated;

     • Swine from domesticated stocks that have escaped or been released or born into the wild state;

     • European wild hogs and their hybrid forms (also known as European wild boars or razorbacks), regardless of whether they are free roaming or kept in confinement; or

     • Animals of the family Tayassuidae such as peccaries and javelinas, regardless of whether they are free roaming or kept in confinement.

     "Immediate slaughter" means livestock will be delivered to a federally inspected slaughter plant within three days of entry into Washington state.

     "Mature vaccinate" means a female bovine over the age of twelve months that has been vaccinated, under directions issued by the state of origin, with a mature dose of brucellosis vaccine.

     "Modified accredited state" means a state that has been determined by USDA, APHIS to have a prevalence of bovine tuberculosis of less than 0.1 percent of the total number of herds of cattle and bison as listed in Title 9 CFR Part 77.11 (January 1, 2006).

     "Movement permit" means an entry permit that is valid for six months and permits the entry of domestic equine into Washington state.

     "NPIP" means the National Poultry Improvement Plan.

     "Official brucellosis test" means the official test defined by Title 9 CFR Part 78.1 (January 1, 2006).

     "Official brucellosis vaccinate" means an official adult vaccinate or official calfhood vaccinate as defined by Title 9 CFR Part 78.1 (January 1, 2006).

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

     "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 RCW 77.08.010(16).))

     "Restricted feedlot" means a feedlot holding a permit issued under chapter 16-30 WAC.

     "Stage I, II, III, IV, or V pseudorabies state" means states as classified by the Pseudorabies Eradication State-Federal-Industry Program Standards (November 1, 2003).

     "USDA, APHIS" means the United States Department of Agriculture Animal and Plant Health Inspection Service.

     "Virgin bull" means a sexually ((active)) intact male bovine less than twelve months of age ((or a sexually intact male bovine between twelve and twenty-four months of age)) that is certified by the owner or the owner's designee as having had no breeding contact with female cattle.

     "Wild animals" is defined in RCW 77.08.010(((17))) (61).

[Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. 08-14-057, § 16-54-010, filed 6/25/08, effective 7/26/08. Statutory Authority: Chapters 16.36 and 34.05 RCW. 07-14-056, § 16-54-010, filed 6/28/07, effective 7/29/07. Statutory Authority: RCW 16.36.040. 99-09-023, § 16-54-010, filed 4/15/99, effective 5/16/99. Statutory Authority: RCW 16.36.096 and 16.36.040. 93-19-126 (Order 5010), § 16-54-010, filed 9/21/93, effective 10/22/93; 92-21-039, § 16-54-010, filed 10/15/92, effective 11/15/92. Statutory Authority: RCW 16.36.040 and 16.36.050. 88-05-003 (Order 1964), § 16-54-010, filed 2/5/88; 84-16-022 (Order 1838), § 16-54-010, filed 7/24/84; Order 1172, § 16-54-010, filed 12/15/70; Order 1024, Regulation 1, filed 7/22/66, effective 8/22/66; Order 957, Regulation 1, filed 8/31/64; Order 915, filed 4/1/63; Order 856, effective 7/19/61; Order 837, filed 4/14/61.]


AMENDATORY SECTION(Amending WSR 07-14-056, filed 6/28/07, effective 7/29/07)

WAC 16-54-068   Restrictions.   (1) It is a violation to import animals into Washington state that do not comply with the requirements of this chapter or any other Washington state regulation relating to animal health and care, or to the importation and movement of poultry, hatching eggs, and wildlife.

     (2) All animals entering Washington state must comply with the requirements of USDA, APHIS regulations found at Title 9 CFR for movement or importation from foreign countries.

     (3)(a) Livestock entering Washington state from a state where a reportable disease listed in WAC 16-70-010 has been diagnosed within the past thirty days must be accompanied by a valid entry permit and a certificate of veterinary inspection.

     (b) The certificate of veterinary inspection shall also include written verification that the animals have not been exposed to any reportable disease ((nor located within ten miles of an area where such a disease has been diagnosed)).

     (c) In the case of a state where vesicular stomatitis has been diagnosed, the certificate of veterinary inspection for susceptible livestock must be issued within twenty-four hours of shipment to Washington state and must contain:

     (i) The temperature reading of each ((animal)) equine at the time of inspection; and

     (ii) The following statement written by an accredited veterinarian:

     "All animals identified on this certificate have been examined and found to be free from clinical signs of vesicular stomatitis. During the past thirty days, these animals have not been exposed to vesicular stomatitis ((or located within ten miles of an area where vesicular stomatitis has been diagnosed))."

     (d) Cattle entering Washington state from a state or a foreign state or province where vesicular stomatitis has been diagnosed must be held at their destination separate and apart from all other cattle for a period of seven days and reexamined by an accredited veterinarian at the end of that period.

     (e) In the case of a state where contagious equine metritis (CEM) has been diagnosed, the certificate of veterinary inspection for equine must contain the following statement: "The equine and equine reproductive products listed in this document have not originated from a premises where T. equigenitalis has been isolated during the sixty days immediately preceding importation to Washington or from a location currently under quarantine or investigation for CEM. No female equine in the shipment has been bred naturally to, or inseminated with, semen from an intact male positive for CEM or from an intact male resident upon positive premises or under quarantine or investigation for CEM. The equine showed no clinical signs of CEM on the day of inspection or semen collection."

     (4) Dogs, cats, and ferrets must be accompanied by an entry permit and proof of current rabies vaccination if they originate from a rabies quarantined area ((or an area where the state or country of origin has designated terrestrial rabies as endemic)).

[Statutory Authority: Chapters 16.36 and 34.05 RCW. 07-14-056, § 16-54-068, filed 6/28/07, effective 7/29/07.]


AMENDATORY SECTION(Amending WSR 08-14-057, filed 6/25/08, effective 7/26/08)

WAC 16-54-071   Domestic equine and equine reproductive products -- Importation requirements.   Import health requirements.

     (1)(a) In addition to the other requirements of this chapter, all ((horses, donkeys, mules, and other)) domestic equine and equine reproductive products entering Washington state must be accompanied by a certificate of veterinary inspection.

     (b) Equine vaccinated against equine viral arteritis (EVA) must be accompanied by a vaccination certificate.

     (c) Reproductive products from donors that test positive for EVA must be accompanied by an application and entry permit.

     (d) Domestic equine from the western states of Oregon, Idaho, California, Nevada, Utah, Arizona, Montana, Wyoming, Colorado, and New Mexico may enter Washington state for shows, rides, or other events either with a certificate of veterinary inspection or with a document similar to the Equine Certificate of Veterinary Inspection and Movement Permit. Individual trips cannot exceed ninety days.

     (e) An itinerary of interstate travel must be filed with the department within fourteen days of the expiration of the movement permit.

     (2) All certificates and forms may be obtained from and sent to:


     Washington State Department of Agriculture

     Animal Services Division

     1111 Washington Street S.E.

     P.O. Box 42577

     Olympia, Washington 98504-2577


     Exemptions to import health requirements.

     (3) Horses traveling into Washington state with their Oregon or Idaho owners in private conveyance for round-trip visits of not more than four days duration for purposes other than breeding are exempt from the certificate of veterinary inspection.

     Import test requirements.

     Equine infectious anemia (EIA).

     (4) All domestic equine, except foals under six months of age accompanying their negative tested dams, must have a negative test for equine infectious anemia (EIA) within twelve months before entering Washington state.

     Exemptions to EIA test requirements.

     (5) Domestic equine moving to Washington from Oregon are excluded from EIA test requirements.

     Equine viral arteritis (EVA).

     (6) Intact males over six months of age must test antibody negative for EVA within thirty days before entry into Washington state or have proof of vaccination.

     (7) Vaccinated equine that test antibody positive for EVA must be accompanied by a certificate of veterinary inspection that provides proof of:

     (a) A prevaccination negative antibody blood test;

     (b) Vaccination within ten days of the prevaccination blood test; and

     (c) Approved method of animal identification. Approved methods of identification are:

     (i) Photograph or clearly drawn picture of the animal (both sides and front);

     (ii) Brand (hot iron or freeze brand);

     (iii) Microchip; and/or

     (iv) Lip tattoo.

     (8) Intact males over six months of age and equine reproductive products from donors that test positive for EVA may enter Washington state only if accompanied by an entry permit and a statement on the certificate of veterinary inspection verifying that the consignee:

     (a) Has been advised of the positive antibody test results and the associated risks of EVA infection;

     (b) Agrees to follow the recommendations of the Office International des Epizooties of the World Organization of Animal Health regarding EVA and USDA recommendations found in the Equine Viral Arteritis Uniform Methods and Rules, effective April 19, 2004; and

     (c) Consents to the shipment.

     (9) Intact males that test antibody positive for EVA are required to have an entry permit and may be subject to quarantine.

     (10) Equine semen and embryos require an entry permit and must originate from donors that have proof of vaccination or a negative antibody test for EVA during the current breeding season.

     (11) Equine semen and embryos from antibody positive donors must be used or implanted only in vaccinated or seropositive mares. These mares must be isolated for twenty-one days following insemination or implantation.

     (12) Additional testing for EVA may be required during emergency disease conditions declared by the director.

     Piroplasmosis.

     (13) Any equine that has ever tested positive for piroplasmosis may not enter Washington state.

     (14) Any equine that has originated from a country or state where piroplasmosis is endemic must be negative to a C-ELISA test within thirty days before entry into Washington state, and must be quarantined upon arrival and retested within sixty to ninety days. Horses that test positive on the post-arrival C-ELISA test are not permitted to remain in the state and must be removed.

[Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. 08-14-057, § 16-54-071, filed 6/25/08, effective 7/26/08. Statutory Authority: Chapters 16.36 and 34.05 RCW. 07-14-056, § 16-54-071, filed 6/28/07, effective 7/29/07. Statutory Authority: RCW 16.36.040. 99-09-023, § 16-54-071, filed 4/15/99, effective 5/16/99. Statutory Authority: Chapter 16.36 RCW. 94-23-121, § 16-54-071, filed 11/22/94, effective 12/23/94. Statutory Authority: RCW 16.36.040 and 16.36.096. 92-21-039, § 16-54-071, filed 10/15/92, effective 11/15/92. Statutory Authority: Chapters 16.36 and 16.44 RCW. 82-24-040 (Order 1778), § 16-54-071, filed 11/24/82. Statutory Authority: Chapters 16.36 and 16.40 RCW. 81-10-047 (Order 1730), § 16-54-071, filed 5/1/81; Order 1540, § 16-54-071, filed 10/17/77; Order 1430, § 16-54-071, filed 2/9/76. Formerly WAC 16-54-070.]


AMENDATORY SECTION(Amending WSR 08-14-057, filed 6/25/08, effective 7/26/08)

WAC 16-54-082   Domestic bovine animals -- Importation requirements.   Import health requirements.

     (1) Domestic bovine entering Washington state must have a certificate of veterinary inspection and an entry permit issued by the office of the state veterinarian prior to entry. Entry permits are required on all ((feeder)) cattle entering restricted feedlots or slaughter facilities and are required to be obtained by the brand inspector of the state of origin and recorded on the brand document.

     (2) Before entering Washington state, Canadian cattle, including calves, must be identified on the right hip by a "CΛN" brand (C open-A N).

     Exemptions to import health requirements.

     (3) Unless an emergency rule is in effect, a certificate of veterinary inspection is not required for domestic bovine that are:

     (a) Consigned to federally inspected slaughter plants for immediate slaughter; or

     (b) Consigned to state-federal approved livestock markets for sale for immediate slaughter only; or

     (c) Consigned to specifically approved livestock markets or restricted holding facilities where import requirements can be met; or

     (d) Consigned to a restricted feedlot, unless originating from a state or country with less than free status; or

     (e) Cattle moving interstate from contiguous states on grazing permits.

[Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. 08-14-057, § 16-54-082, filed 6/25/08, effective 7/26/08. Statutory Authority: Chapters 16.36 and 34.05 RCW. 07-14-056, § 16-54-082, filed 6/28/07, effective 7/29/07; 05-14-019, § 16-54-082, filed 6/24/05, effective 7/25/05. Statutory Authority: RCW 16.36.040. 99-09-023, § 16-54-082, filed 4/15/99, effective 5/16/99; 97-01-067 (Order 6009), § 16-54-082, filed 12/16/96, effective 1/16/97. Statutory Authority: RCW 16.36.040 and 16.36.096. 92-21-039, § 16-54-082, filed 10/15/92, effective 11/15/92. Statutory Authority: Chapter 16.36 RCW. 89-24-021 (Order 2021), § 16-54-082, filed 11/30/89, effective 12/31/89. Statutory Authority: RCW 16.36.040 and 16.36.050. 88-05-003 (Order 1964), § 16-54-082, filed 2/5/88; 87-08-021 (Order 1918), § 16-54-082, filed 3/25/87; 84-16-022 (Order 1838), § 16-54-082, filed 7/24/84. Statutory Authority: Chapter 16.36 RCW. 83-09-009 (Order 1792), § 16-54-082, filed 4/8/83. Statutory Authority: Chapters 16.36 and 16.44 RCW. 83-04-030 (Order 1782), § 16-54-082, filed 1/27/83. Statutory Authority: Chapters 16.36 and 16.40 RCW. 82-03-019 (Order 1752), § 16-54-082, filed 1/14/82; 81-10-047 (Order 1730), § 16-54-082, filed 5/1/81. Statutory Authority: Chapters 16.36 and 16.44 RCW. 78-06-116 (Order 1579), § 16-54-082, filed 6/7/78; Order 1540, § 16-54-082, filed 10/17/77.]


AMENDATORY SECTION(Amending WSR 08-14-057, filed 6/25/08, effective 7/26/08)

WAC 16-54-085   Domestic and foreign bovine tuberculosis requirements.   (1) All domestic bovine from a modified accredited advanced or lower state must have a negative tuberculosis (TB) test within sixty days before entry into Washington state. Domestic bovine from a modified accredited or lower state shall be held separate and apart from native cattle for sixty days and retested negative at least sixty days after entry into Washington state.

     (2) Beef cattle from selected tuberculosis free states or countries, as determined by the state veterinarian:

     (a) May be required to have a negative TB test within sixty days before entry; and

     (b) Must be officially identified.

     (3) Dairy cattle (including steers) six months of age or older must:

     (a) Test negative for bovine tuberculosis within sixty days before entering Washington state; and

     (b) Be identified with a USDA silver identification ear tag, or a USDA-approved RFID tag, or an orange brucellosis vaccination tag.

     (((3))) (4) Dairy heifers, steers, and bull calves less than six months of age must:

     (a) Be issued a hold order or a quarantine order that requires the animals to be taken directly to a designated premises or facility;

     (b) Be held separate and apart from all other domestic bovine until they test negative for bovine tuberculosis after six months of age; and

     (c) Be identified with a USDA silver identification ear tag, or a USDA-approved RFID tag, or an orange brucellosis vaccination tag.

     (((4))) (5) Cattle used for rodeo or timed events.

     (a) All cattle used for rodeo or timed events, except those imported directly from Mexico, must be accompanied by proof recorded on a certificate of veterinary inspection of a negative bovine tuberculosis test within twelve months before entry into Washington state.

     (b) Calves under six months old that were born and have continuously resided in the state of Washington are excluded from this requirement.

     (((5))) (6) Mexican cattle - All cattle imported from Mexico that enter Washington, including those imported for rodeo or recreation purposes, must be sexually neutered and must bear official Mexican identification and brand before entry.

     (a) All Mexican cattle must be accompanied by proof of two negative bovine tuberculosis tests conducted in the United States after entry from Mexico. The second negative test must be a minimum of sixty days after the first test and within thirty days before entry into Washington state.

     (b) All Mexican cattle that remain in the state of Washington shall be tested annually for tuberculosis.

     (c) If Mexican cattle entering Washington state are not accompanied by proof of two negative bovine tuberculosis tests prior to entry, they will be issued a hold order or a quarantine order that requires the animals to be taken directly to a designated premises or facility and kept separate and apart from Washington cattle until the completion of required tests.

     (d) Sexually intact Mexican beef cattle may enter only with a prior entry permit and at the discretion of the director.

     Exemptions to domestic bovine tuberculosis test requirements.

     (((6))) (7) Dairy cattle are exempt from bovine tuberculosis testing requirements if they:

     (a) Originate from an accredited bovine tuberculosis-free herd, as defined by USDA, APHIS in Title 9 CFR Chapter 1 Part 77 (January 1, 2006), and if an accredited herd number and the date of the last bovine tuberculosis test are shown on the certificate of veterinary inspection;

     (b) Are consigned to federally inspected slaughter plants for immediate slaughter; or

     (c) Are consigned to slaughter through state and federally approved sale yards and remain in slaughter channels.

     (((7))) (8)(a) Cattle that have not met the department's tuberculosis requirements may enter, with approval from the director, a restricted holding facility in Washington state until testing requirements have been met.

     (b) The restricted holding facility must be approved by the director and operated in accordance with a written agreement between the facility owner and the director.

     (c) The restricted holding facility must be maintained and all inspections and testing done at the owner's expense.

     (((8))) (9) Dairy steers and spayed heifers are exempt from bovine tuberculosis testing requirements before entry into Washington state if they are entering restricted feedlots to be fed for slaughter.

     (((9))) (10) Mexican cattle are exempt from the second bovine tuberculosis test and isolation requirements if their official Mexican identification remains intact and they are consigned to a federally inspected slaughter plant for immediate slaughter.

[Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. 08-14-057, § 16-54-085, filed 6/25/08, effective 7/26/08. Statutory Authority: Chapters 16.36 and 34.05 RCW. 07-14-056, § 16-54-085, filed 6/28/07, effective 7/29/07.]


AMENDATORY SECTION(Amending WSR 08-14-057, filed 6/25/08, effective 7/26/08)

WAC 16-54-086   Bovine trichomoniasis requirements.   (1) Breeding bulls may be imported into the state of Washington if they meet the following requirements:

     (a) The bulls originate from a herd wherein all bulls have tested negative for bovine trichomoniasis since they were removed from female cattle; ((and)) or

     (b) The bulls have tested negative to a bovine trichomoniasis ((culture)) quantitative polymerase chain reaction (QPCR) test within thirty days before import and have had no contact with female cattle from the time of the test to the time of import; or

     (c) The bulls have tested negative to a bovine trichomoniasis culture test, if from a state that recognizes a culture test as an official test; or

     (d) If the bulls originate from a herd where one or more bulls or cows have been found infected with bovine trichomoniasis within the past twelve months, the bulls must have three consecutive negative bovine trichomoniasis culture tests one week apart, if from a state that recognizes a culture test as an official test, or ((one)) two negative ((polymerase chain reaction ())QPCR(())) tests one week apart if in Washington state. The samples for each test must be collected within thirty days before cattle are imported into Washington state, and an import permit must be obtained from the director and include a certifying statement that the bulls originated from an infected herd.

     (2) Before arrival at their destination in Washington state, all imported bulls must be identified with official identification or an official trichomoniasis bangle tag.

     (3) Bulls that enter Washington state without meeting the bovine trichomoniasis requirements of this section will be quarantined at the owner's expense until they have had ((three consecutive negative bovine trichomoniasis culture tests one week apart or one)) two negative PCR tests one week apart.

     (4)(a) Any bull or cow that is positive to a trichomoniasis ((culture)) test, and any herd in which one or more bulls or cows are found infected with trichomoniasis is considered infected.

     (b) In the case of bulls testing positive to trichomoniasis, the herd shall be quarantined pending an epidemiological investigation to determine the source of the infection, and as long as infection persists in the herd.

     (c) Infected bulls will be quarantined and will not be used for breeding. They must be slaughtered, sold for slaughter, or sent to a restricted feedlot to remain in slaughter channels.

     (5) Certification and proficiency testing and types of tests. The state veterinarian will determine trichomoniasis training for veterinarians and laboratories, and the types of tests used to determine trichomoniasis infection. All sampling will be obtained by pipette scrapings from the prepuce and glans of a bull.

     (a) ((Only veterinarians registered with WSDA shall collect samples for official tests for trichomoniasis. Prior to being granted registered status, all veterinarians who will collect samples for trichomoniasis testing shall attend an educational seminar conducted by the animal services division on trichomoniasis and proper sample collection techniques.)) All trichomoniasis testing of bulls in Washington state shall be performed by a veterinarian accredited by the United States Department of Agriculture, Animal and Plant Health Inspection Service (USDA APHIS). In addition, all accredited veterinarians testing bulls in Washington state for trichomoniasis are required to successfully complete training and pass a trichomoniasis testing procedure proficiency examination provided by the department. Effective January 1, 2011, accredited veterinarians may not perform official trichomoniasis testing of bulls in Washington state until they have successfully completed the training and passed the proficiency examination.

     A schedule of training opportunities is available by contacting the department at:


     Washington State Department of Agriculture

     Animal Services Division

     1111 Washington Street S.E.

     P.O. Box 42577

     360-902-1878


     (b) Registered veterinarians shall only utilize official laboratories recognized by the state veterinarian for ((culture)) testing of trichomoniasis samples.

     (c) Registered veterinarians collecting samples in the state of Washington shall submit results of all trichomoniasis tests and all official identification on official trichomoniasis test and report forms to the animal services division within five business days of receiving test results from an official laboratory or identifying virgin bulls with official trichomoniasis bangle tags.

     (d)(i) Polymerase chain reaction is accepted as an official test when completed by a qualified laboratory approved by the director and when the sample is received by the laboratory within forty-eight hours of collection.

     (ii) Other tests for trichomoniasis may be approved as official tests by the state veterinarian after the tests have been proven effective by research, have been evaluated sufficiently to determine efficacy, and a protocol for use of the test has been established.

     (iii) An official test is one in which the sample is received in the official laboratory in good condition within forty-eight hours of collection. Samples in transit for more than forty-eight hours will not be accepted for official testing and must be discarded. Samples that have been frozen or exposed to high temperatures must also be discarded.

     Exemptions to bovine trichomoniasis test requirements.

     (6) Virgin bulls are exempt from bovine trichomoniasis test requirements. If sold, virgin bulls must be accompanied by a certificate signed by the owner or the owner's designee that they have had no breeding contact with female cattle.

[Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. 08-14-057, § 16-54-086, filed 6/25/08, effective 7/26/08.]


AMENDATORY SECTION(Amending WSR 07-14-056, filed 6/28/07, effective 7/29/07)

WAC 16-54-090   Goats -- Importation and testing requirements.   Import health requirements.

     (1) All goats entering Washington state must be accompanied by a certificate of veterinary inspection. The certificate of veterinary inspection must state that the ((animals)) goats are free from clinical signs or known exposure to any infectious or communicable disease including, but not limited to, footrot, sore mouth, and caseous lymphadenitis.

     (2) Female dairy goats six months of age or older must test negative for brucellosis and tuberculosis within thirty days before they enter Washington state.

     (3) Sexually intact goats must have official USDA scrapie identification.

     Exemption to import health requirements.

     (4) Goats traveling into Washington state with their Oregon and Idaho owners in private conveyance for round-trip visits of not more than four days duration for purposes other than breeding are exempt from the certificate of veterinary inspection.

[Statutory Authority: Chapters 16.36 and 34.05 RCW. 07-14-056, § 16-54-090, filed 6/28/07, effective 7/29/07. Statutory Authority: RCW 16.36.040 and 16.36.096. 92-21-039, § 16-54-090, filed 10/15/92, effective 11/15/92; Order 1172, § 16-54-090, filed 12/15/70; Order 1024, Regulation 9, filed 7/22/66, effective 8/22/66; Order 957, filed 8/31/64; Order 915, filed 4/1/63; Order 856, effective 7/19/61; Order 837, filed 4/14/61; Order 818, filed 1/20/61; Order 756, filed 3/22/60.]


AMENDATORY SECTION(Amending WSR 08-14-057, filed 6/25/08, effective 7/26/08)

WAC 16-54-145   Poultry and game birds, including ratites -- Importation and testing requirements.   Import health requirements.

     (1) All poultry ((and game birds, including ratites)), excluding doves and pigeons, imported into Washington state must be accompanied by a ((certificate of veterinary inspection.)):

     (a) Certificate of veterinary inspection; or

     (b) USDA NPIP VS form 9-3 (Report of Sales of Hatching Eggs, Chicks, and Poults); or

     (c) USDA VS form 17-6 (Certificate for Poultry or Hatching Eggs for Export) ((will be accepted in lieu of the certificate of veterinary inspection)).

     (((b) For hatching eggs and baby poultry, a USDA NPIP VS form 9-3 (Report of Sales of Hatching Eggs, Chicks, and Poults) may be used in lieu of the certificate of veterinary inspection.

     (c))) (2) The certificate of veterinary inspection and the USDA VS form 17-6 must include either the NPIP number or negative results of the required tests.

     (((2))) (3) Poultry or hatching eggs must originate from flocks or areas not under state or federal restriction.

     (((3))) (4) Each ratite entering Washington state must be permanently identified with USDA approved identification. The type of identification must be listed on the certificate of veterinary inspection.

     Import test requirements.

     (((4))) (5) Poultry ((and game birds must:

     (a) Originate from)), poults, and eggs, excluding doves and pigeons, that originate from flocks or hatcheries that have a pullorum-typhoid clean rating given by the state animal health official or are from an NPIP participant flock ((that has met)) must meet the classification requirements ((for pullorum-typhoid, Salmonella enteriditis, and avian influenza; or

     (b) Test negative within thirty days before entering Washington for pullorum-typhoid, S. enteriditis, and avian influenza. Serum testing or NPIP member status is also required for the following species:

     (i) Bobwhite quail (Colinus virgianus).

     (ii) Coturnix quail (Coturnix coturnix).

     (iii) Pure or hybrid Ring-necked pheasant (Phasianus colchicus).

     (iv) Chukar (Alectoris chukar).

     (v) Hungarian partridge (Perdix perdix).

     (5) Hatching eggs must originate from an NPIP participant flock that has met classification requirements for the diseases listed in subsection (4)(a) of this section. If the parent breeder flock is not an NPIP participant, the parent birds must be tested for the above diseases within thirty days before entry.

     (6) Turkeys and wild turkeys, their poults, and eggs must originate from a producer who is participating in the mycoplasmosis control phase of the NPIP or must have been tested serologically negative for M. gallisepticum and M. synoviae within thirty days of entry.)) stated in subsection (8) of this section.

     (6) If poultry do not originate from an NPIP participant flock, they must test negative for the diseases listed in subsection (8) of this section thirty days before entry into the state of Washington.

     (7) If hatching eggs are from non-NPIP participant flocks, then the parent breeder flock must be tested for the diseases in subsection (8) of this section within thirty days before the hatching eggs enter the state of Washington.

     (8) Poultry, excluding doves and pigeons, must have a negative test for the following diseases:


Disease control Poultry type
classifications Egg-type chickens Meat-type chickens Turkeys Other1
Pullorum-typhoid YES YES YES YES2
Avian influenza YES YES YES YES
Mycoplasma gallisepticum - - YES -
Mycoplasma synoviae - - YES -
Salmonella enteritidis YES (commercial)3 - - -

1Waterfowl, hobby, fancy, exhibition chickens, game birds, ratites, and backyard flocks.
2Excluding waterfowl.
3Commercial means producers with three thousand or more birds regardless of shipment size.

     Exemptions to import health requirements.

     (((7))) (9) Doves, pigeons, waterfowl, game birds, and poultry destined for immediate slaughter are exempt from the certificate of veterinary inspection and testing requirements.

[Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. 08-14-057, § 16-54-145, filed 6/25/08, effective 7/26/08. Statutory Authority: Chapters 16.36 and 34.05 RCW. 07-14-056, § 16-54-145, filed 6/28/07, effective 7/29/07. Statutory Authority: Chapter 16.36 RCW. 94-23-121, § 16-54-145, filed 11/22/94, effective 12/23/94.]


AMENDATORY SECTION(Amending WSR 08-14-057, filed 6/25/08, effective 7/26/08)

WAC 16-54-160   Birds other than poultry, including exotic birds -- Importation and testing requirements.   Import health requirements.

     (1) All birds other than poultry entering Washington state require a certificate of veterinary inspection that contains the following statement:

     "To the best of my knowledge, the birds listed on this certificate are not infected with exotic Newcastle disease, psittacosis, or avian influenza and have been free from clinical signs of or known exposure to infectious or communicable disease during the past thirty days."

     (2) All birds must be individually identified with a numbered leg band or in a manner appropriate to the species.

     Exemptions to import health requirements.

     (3) Family pet birds are exempt from the certificate of veterinary inspection and identification requirements if they:

     (a) Are two or less in number; and

     (b) Have not been purchased within thirty days of entry into Washington state; and

     (c) Are traveling by private conveyance with their owners.

[Statutory Authority: RCW 16.36.040 and chapter 34.05 RCW. 08-14-057, § 16-54-160, filed 6/25/08, effective 7/26/08. Statutory Authority: Chapters 16.36 and 34.05 RCW. 07-14-056, § 16-54-160, filed 6/28/07, effective 7/29/07.]

WILD AND EXOTIC ANIMALS ((AND BIRDS)), INCLUDING ZOO ANIMALS
AMENDATORY SECTION(Amending WSR 07-14-056, filed 6/28/07, effective 7/29/07)

WAC 16-54-180   Wild and exotic animals ((and birds)) -- Importation and testing requirements.   Import health requirements.

     (1) Wild and exotic animals ((and birds)) entering Washington state must be accompanied by a certificate of veterinary inspection issued by an accredited veterinarian licensed in the state of origin, or accompanied by an international certificate of health.

     (2) All wild and exotic animals must be accompanied by an entry permit.

     Import test requirements.

     (3) Brucellosis: Within thirty days before entering Washington state, negative serologic testing must be conducted on the following categories of captive wild or exotic animals that are more than six months of age:


Table 1.
Wild and exotic animals that must be tested for brucellosis

Tested For Species Scientific Name Common Name Examples
Brucella abortus Camelidae • Vicuna
• Guanaco
Cervidae • Elk
• Caribou
• Moose
• Reindeer
• Deer
Giraffidae • Giraffe
• Okapi
Bovidae • Antelope
• Wild cattle (gaur, banteng, kaupre, yak)
• Bison (American bison, European bison)
• Buffalo (Asian water buffalo, tamaraw, lowland anoa, mountain anoa, African buffalo)
Ovidae, Capridae • Wild sheep (bighorn sheep, ((dalls)) Dall's sheep, mouflon, argoli, uriol, blue sheep, barbary sheep, red sheep)
• Wild goats (Rocky Mountain goat, ibex, walia ibex, west ((caucasion)) Caucasian tur, east ((caucasion)) Caucasian tur, Spanish ibex, markhor)
Brucella suis Suidae • Wild swine (European wild boar, bearded pig, Jovan pig, pygmy hog, wart hog, giant forest pig, East Indian swine or Babirusa, African bush pig, peccaries)
Brucella suis biovar 4 Cervidae • Caribou

•Reindeer

Brucella ovis Ovidae, Capridae • All wild sheep and goats must be tested and found negative to Brucella ovis within thirty days before entering Washington state

     (4) Tuberculosis (Mycobacterium bovis and Mycobacterium tuberculosis):

     (a) Animals less than six months of age that are nursing negative tested dams may be excluded from tuberculosis test requirements.

     (b) Within thirty days before entering Washington state, the animals listed in the following table must test negative for M. bovis and M. tuberculosis by a skin test or other approved test that follows federal tuberculosis protocols:


Table 2.
Wild and exotic animals that must be tested for tuberculosis

Species Scientific Name Common Name Examples
Ceropithecidae • Old world primates
Elephantidae • Elephants1
Hylobotidae • Gibbons
• Lessor apes
Pongidae • Great apes
Bovidae • Antelope
• Wild cattle
Ovidae, Capridae • Wild sheep
• Wild goats
Cervidae, Giraffidae • Elk
• Caribou
• Moose
• Reindeer
• Deer
• Giraffe
• Okapi
1Negative trunk wash or other USDA-validated tuberculosis test every twelve months.

     (c) Cervidae, such as elk, deer, caribou, moose, and reindeer and Giraffidae, such as giraffe and okapi, must be from herds not known to be infected with, exposed to, or affected by tuberculosis. They must also test negative for M. bovis using the testing requirements defined in Title 9 CFR Part 77.33 (January 1, 2006).

     (d) For all captive wild or exotic animals not listed in Table 2 in subsection (2)(b) of this section, the following statement signed by the animal's owner or agent must be placed on the official certificate of veterinary inspection:

     "To my knowledge, the animals listed on this certificate are not infected with tuberculosis and have not been exposed to animals infected with tuberculosis during the past twelve months."

     (5) Pseudorabies: All wild swine imported for zoos, exhibitions or to a research facility must test negative for pseudorabies no more than thirty days before entry into Washington state and must be held in quarantine for thirty to sixty days pending a postentry retest.

     (6) Equine infectious anemia: All wild horses, donkeys, and hybrids of the family Equidae must test negative on an approved test for equine infectious anemia no more than six months before entry into Washington state.

     (7) Elaphostrongylinae (Parelophostrongylus tenvis (meningeal worm) and Elaphostrongylus cervis (muscle worm)): Before entering Washington state, all Cervidae must be examined for Elaphostrongylinae infection in the absence of anthelminthic treatment that could mask detection of the parasite.

     (a) All Cervidae residing for at least six months west of a line through the eastern boundaries of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas or geographical boundaries as otherwise designated by the state veterinarian must have a negative fecal exam for dorsal-spined larvae made by an approved laboratory using the Baermann technique ((and)). Animals must be certified that they have not been treated with or exposed to anthelminthics for at least thirty days before testing.

     (b) All Cervidae residing for less than six months west of a line through the eastern boundaries of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas or geographical boundaries as otherwise designated by the state veterinarian or from east of that line must be held in a preentry quarantine for thirty to sixty days and have two fecal tests for dorsal-spined larvae made by an approved laboratory using the Baermann technique.

     (i) The first test must be conducted at least thirty days and not more than forty days before the second test.

     (ii) Fecal samples of at least thirty grams per sample are to be collected by an accredited veterinarian from the animal's rectum and identified by the animal's official identification number.

     (iii) During the thirty-day testing period, test animals must be held in quarantine and isolated from all other Cervidae not included in the shipment.

     (iv) If any animal tests positive to either of the two fecal tests, neither that animal nor any other animal held in quarantine with the infected animal may be imported into Washington state.

     (c) All imported Cervidae must be held for one hundred eighty days in an onsite quarantine and be available for inspection by the director during this time.

     (d) Every thirty, sixty, ninety, one hundred twenty, one hundred fifty, and one hundred eighty days after arrival, fecal samples from the animals must be tested by the Baermann technique in an approved laboratory and be found negative for dorsal-spined larvae. Animals that test positive for dorsal-spined larvae must either be removed from Washington state or destroyed.

     (e) To prevent the presence of the gastropod intermediate hosts of Elaphostrongylinae larvae, the quarantine site must be prepared and inspected before the imported animals enter. Preparation includes:

     (i) Providing a hard surface, such as asphalt or concrete, on which to keep the animals;

     (ii) Spraying the quarantine area with an EPA-registered molluscicide; and

     (iii) Spraying a four-meter wide tract around the perimeter of the holding compound with an EPA-registered molluscicide. This perimeter tract must be treated once every five days and within twenty-four hours of precipitation (10 mm or more) to ensure that the gastropod population is kept to zero within the compound.

     (8) Rabies: Any carnivorous mammal taken from the wild is prohibited from entering Washington state if rabies has been diagnosed in the state of origin during the past twelve months.

[Statutory Authority: Chapters 16.36 and 34.05 RCW. 07-14-056, § 16-54-180, filed 6/28/07, effective 7/29/07.]

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