WSR 10-07-148

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed March 24, 2010, 8:23 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-01-106.

Title of Rule and Other Identifying Information: Chapter 16-71 WAC, Equine infectious anemia.

Hearing Location(s): Natural Resources Building, 1111 Washington Street S.E., Second Floor, Conference Room 259, Olympia, WA 98504, on April 30, 2010, at 9:00 a.m.; and at the Kittitas County Event Center, Heritage Center, 512 North Poplar Street, Ellensburg, WA 98926, on May 11, 2010, at 8:30 a.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 16-71 WAC to add five new sections regarding equine diseases. The five new sections include the following diseases: Equine viral arteritis, equine herpes virus, equine piroplasmosis, strangles and vesicular stomatitis. The department also proposes to change the name of this WAC to "Equine diseases in Washington state."

Reasons Supporting Proposal: The amendments are necessary to safeguard the health of the equine industry as the listed diseases have become a threat to the equine in Washington state.

Statutory Authority for Adoption: RCW 16.36.040 and chapter 34.05 RCW.

Statute Being Implemented: RCW 16.36.040.

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-2882.3

Chapter 16-71 WAC

EQUINE ((INFECTIOUS ANEMIA)) DISEASES IN WASHINGTON STATE


AMENDATORY SECTION(Amending WSR 00-14-059, filed 7/3/00, effective 8/3/00)

WAC 16-71-010   Definitions.   (((1))) "Certificate of veterinary inspection (CVI)" means a legible veterinary health inspection certificate on an official form (electronic or paper) from the state of origin or by the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS). This certificate must be executed by a licensed and accredited veterinarian or a veterinarian approved by USDA APHIS. The certificate of veterinary inspection is also known as an "official health certificate."

"Department" means the Washington state department of agriculture.

(((2))) "Director" means the director of the Washington state department of agriculture or his or her ((duly)) authorized representative.

(((3))) "Equine((s))" means horses, donkeys, mules, ponies, zebras, and others in the Equidae family.

(((4) "Equine Infectious Anemia (EIA)" means infection with the equine infectious anemia lentivirus, affecting both sexes, all ages, all breeds and all species of equines. Infected equines remain carriers for life, constituting a potential source for spread of the infection. There is no known cure or treatment.

(5) "Official health certificate" means a legible certificate of veterinary inspection executed on an official form published by the state of origin or by the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS). This certificate must be issued by a licensed, accredited veterinarian or a veterinarian approved by USDA APHIS.

(6))) "Herd plan" means a written management agreement between the animal owner and the state veterinarian, with possible input from a private accredited veterinarian designated by the owner and the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) veterinary services area veterinarian-in-charge, in which each participant agrees to undertake actions specified in the herd plan to control the spread of infectious, contagious, or communicable disease within and from an infected herd and to work toward eradicating the disease in the infected herd.

"Official test" means ((blood samples tested)) a laboratory test by USDA-approved laboratories or by people authorized by the state of origin's animal health officials to conduct the tests.

(((7) "Reactor" means an equine found positive on an official EIA test.)) "VS form 1-27" means a United States department of agriculture permit form for the movement of restricted or quarantined livestock.

[Statutory Authority: RCW 16.36.040. 00-14-059, 16-71-010, filed 7/3/00, effective 8/3/00; Order 1330, 16-71-010, filed 12/21/73.]


NEW SECTION
WAC 16-71-015   Forms used in this chapter.   Forms used in this chapter may be obtained from the department at:


Animal Services Division

Washington State Department of Agriculture

1111 Washington St. S.E.

Olympia, WA 98504-2560

Phone: 360-902-1878.

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EQUINE INFECTIOUS ANEMIA
AMENDATORY SECTION(Amending WSR 00-14-059, filed 7/3/00, effective 8/3/00)

WAC 16-71-022   Equine infectious anemia procedures.   (1) Equine infectious anemia (EIA) is an infection by the equine infectious anemia lentivirus that affects both sexes, all ages, all breeds, and all species of equine. Infected equine remain carriers for life, constituting a potential source for spread of the infection. There is no known cure or treatment.

(2)(a) Positive diagnosis of EIA is made with the agar gel immunodiffusion test (AGID or Coggins test), competitive enzyme-linked immunosorbent assay (cELISA test) or other official test. A supplementary AGID will be conducted to confirm positives detected with other official tests.

(b) Blood samples for EIA testing will be collected by licensed, accredited veterinarians at the owners' request and expense. At sample collection, the veterinarian will make an accurate, detailed identification of the equine on an official test request form. Positive test results are to be reported to state and federal animal health authorities. ((Owners will be advised of the procedure if equines are found positive on the official test. The owner must sign an agreement regarding disposition of a reactor. The agreement should follow a herd plan as defined in chapter 16.36 RCW.

(2) All equines over six months of age entering the state must be accompanied by an official health certificate and a record of a negative EIA test conducted within six months prior to importation. Exceptions to the EIA test requirement:

(a) Equines consigned for immediate slaughter;

(b) Equines consigned to a veterinary clinic for the purpose of treatment or surgery, under the supervision of a veterinarian. These equines must return to the state of origin following treatment or surgery and must not be commingled, housed or corralled in common with any other equine;

(c) Equines under six months old;

(d) Oregon-origin equines under a reciprocal arrangement; and

(e) Idaho-origin equines may be excluded when a reciprocal arrangement exists for Washington-origin equines moving into Idaho.))

(3) The management or board of governors at race tracks, rodeos, shows, fairs or other assembly points may require ((negative, official EIA tests within six months prior to)) more restrictive testing for all equine before consignment to an assembly point or participation ((for all equines consigned to these assembly points or participating)) in an event((s)).

[Statutory Authority: RCW 16.36.040. 00-14-059, 16-71-022, filed 7/3/00, effective 8/3/00; Order 1431, 16-71-022, filed 2/10/76. Formerly WAC 16-71-020.]


AMENDATORY SECTION(Amending WSR 00-14-059, filed 7/3/00, effective 8/3/00)

WAC 16-71-030   EIA quarantine.   (1)(a) ((Within twenty-four hours after positive test results are known, reactors)) EIA positive equine will be quarantined to the ((premises)) location of origin or other location approved by the director, as provided for in ((chapter 16.36)) RCW 16.36.010. ((The quarantine will remain in effect until confirmation of reactor status and the reactor's disposition.))

(b) The quarantine will be released only upon the ((reactor's)) positive equine's death or ((when it)) if the animal is legally moved from the ((premises)) quarantine location by permit on a VS form 1-27. ((If reactor status is disclosed while the equine is on a premises other than the owner's, permission may be granted to move the animal to the owner's premises. Reactors can only move by permit on a VS form 1-27. State and federal animal health authorities will conduct an epidemiological investigation to identify other equines exposed to EIA by contact with the reactor.))

(c) All equine((s having contact with the reactor must)) exposed to EIA positive equine will be quarantined. The quarantine will be removed on these ((contact)) exposed equine((s)) and movement allowed only after a negative, official EIA test at least ((60)) ninety days after ((removal of)) the ((reactor)) positive equine have been removed from the quarantine premises.

(2) ((Confirmed reactors)) Positive equine must be ((euthanized,)):

(a) Placed in ((a)) permanent quarantine in a restricted holding facility for the life((,))of the equine under a herd plan developed to control the spread of the diseases, as provided for in RCW 16.36.005; or

(b) Donated to a diagnostic or research facility((, legally moved to slaughter)); or

(c) Legally removed from the state on a VS form 1-27; or

(d) Euthanized. A state or federal animal health ((authority)) official or a licensed((,)) and accredited veterinarian will conduct euthanasia.

(3) For lifelong quarantine, a state or federal animal health ((authority)) official must approve the isolation facility. The isolation facility must be located at least two hundred yards from any other equine, and must keep the ((reactor)) positive equine separate from all other equine((s)). ((It)) The facility must be screened to prevent transmission of EIA by insect((s)) vectors.

((With)) (4) In consultation ((of)) with an entomologist, an insect control program must be developed, approved by the director, and must be followed routinely. ((The isolation facility must be located at least 200 yards from any other equines. The department will pay for and hold a lifetime brand inspection on those equines held in lifetime quarantine.))

(5) If the ((reactor)) positive equine is donated((, moved to slaughter)) to a research facility or removed from the state, it can only move by permit on a VS form 1-27. For removal from the state, the receiving state must agree in advance to accept the ((reactor)) positive equine.

[Statutory Authority: RCW 16.36.040. 00-14-059, 16-71-030, filed 7/3/00, effective 8/3/00; Order 1330, 16-71-030, filed 12/21/73.]


AMENDATORY SECTION(Amending WSR 00-14-059, filed 7/3/00, effective 8/3/00)

WAC 16-71-035   Identification of ((reactors)) EIA positive equine.   Confirmed ((reactors)) EIA positive equine will be permanently identified by lip tattooing or branding with a hot iron, chemical brand, or freeze brand. A lip tattoo is applied to the inside surface of the upper lip and consists of the numbers 91 followed by the letter A, with each character being at least one inch high and three-fourths of an inch wide. A brand is applied on the left side of the neck or left shoulder and consists of the numbers 91 followed by the letter A, with each character being at least two inches high. Permanent identification will be applied by state or federal animal health authorities ((or by licensed, accredited veterinarians. Permanent identification is not necessary if the reactor is moved directly to slaughter under permit with a VS form 1-27 and the vehicle is officially sealed)).

[Statutory Authority: RCW 16.36.040. 00-14-059, 16-71-035, filed 7/3/00, effective 8/3/00.]

EQUINE VIRAL ARTERITIS (EVA)
NEW SECTION
WAC 16-71-065   Equine viral arteritis.   (1) Equine viral arteritis (EVA) is a contagious equine disease. Although typically not life threatening to otherwise healthy adult horses, EVA is of special concern because it can result in abortion in pregnant mares, illness and death in young foals, and establishment of the carrier state in stallions. Equine viral arteritis is a manageable disease that can be prevented through a vaccination program.

(2) If equine test positive for EVA:

(a) The owner of intact males over six months of age and equine reproductive products from donors that test positive for EVA must comply with the United States Department of Agriculture (USDA) Equine Viral Arteritis Uniform Methods and Rules, effective April 19, 2004.

(b) Intact males that test antibody positive for EVA may be subject to quarantine.

(c) 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.

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NEW SECTION
WAC 16-71-070   Adoption of USDA equine viral arteritis uniform methods and rules.   In addition to the rules adopted in this chapter, the Washington state department of agriculture adopts the procedures and methods of the United States Department of Agriculture (USDA) Equine Viral Arteritis Uniform Methods and Rules, effective April 19, 2004. The department maintains a copy of this document for public inspection. You may also find the information on the internet at:

http://www.aphis.usda.gov/animal_health/animal_diseases/eva

/downloads/eva-umr.pdf

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EQUINE HERPES VIRUS (EHV1)
NEW SECTION
WAC 16-71-080   Equine herpes virus.   (1) The neurological form of equine herpes virus (EHV1) is a contagious equine disease that can cause respiratory disease, neurological disease, and abortion.

(2) Horses that show clinical signs consistent with neurological EHV1 and test positive to a PCR test for neurological EHV1 will be dealt with by the state veterinarian on a case-by-case basis.

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EQUINE PIROPLASMOSIS
NEW SECTION
WAC 16-71-090   Equine piroplasmosis.   (1) Equine piroplasmosis (EP) is a tick-borne disease caused by two parasitic organisms, Theileria equi and Babesia caballi, and is transmitted to horses by ticks or improperly disinfected needles or surgical instruments. EP causes clinical signs such as fever, anemia, lethargy, jaundice, dependent edema, and labored breathing.

(2) Horses that test positive to any of the following tests must either be euthanized or removed from the state within thirty days of diagnosis:

(a) cELISA (competitive enzyme-linked immunosorbent assay);

(b) CF (complement fixation);

(c) PCR (polymerase chain reaction); or

(d) IFA (immunofluorescent antibody).

(3) Equine found positive to piroplasmosis must be:

(a) Permanently quarantined in a restricted holding facility for the life of the equine under a herd plan developed to control the spread of the disease, as provided for in RCW 16.36.005; or

(b) Donated to a diagnostic or research facility; or

(c) Legally removed from the state on a VS form 1-27; or

(d) The equine is euthanized and disposed of under the direct supervision of a state or federal animal health official.

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STRANGLES
NEW SECTION
WAC 16-71-100   Strangles.   (1) Strangles (also known as equine distemper) is a contagious, upper respiratory tract infection of equines caused by a bacterium, Streptococcus equi var equi. Strangles is enzootic in domesticated horses worldwide.

(2) Horses that test positive to Streptococcus equi will be dealt with by the state veterinarian on a case-by-case basis.

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VESICULAR STOMATITIS
NEW SECTION
WAC 16-71-110   Vesicular stomatitis.   Equine that have been diagnosed with vesicular stomatitis will be held in quarantine with all exposed and susceptible species at the location where livestock were diagnosed until twenty-one days following the cessation of all clinical signs of disease in animals at that location.

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Washington State Code Reviser's Office