WSR 10-07-149

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


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

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-01-107.

Title of Rule and Other Identifying Information: Chapter 16-80 WAC, Pseudorabies in swine.

Hearing Location(s): Natural Resources Building, 1111 Washington Street S.E., Second Floor, Conference Room 259, Olympia, WA 98504, on April 30, 2010, at 10:00 a.m.; and at the Kittitas County Event Center, Heritage Center, 512 North Poplar Street, Ellensburg, WA 98926, on May 11, 2010, at 9:30 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 16-80 WAC to create a definition for feral swine and to bring the current language up-to-date with current standards as well as make it clear and readable. The department also proposes to change the name of this WAC to "Swine diseases regulated in Washington state."

Reasons Supporting Proposal: These changes are necessary to ensure consistency among the animal health regulations and to safeguard the health, safety, and welfare of the swine industry and citizens of this 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-2883.1

Chapter 16-80 WAC

((PSEUDORABIES IN)) SWINE DISEASES REGULATED IN WASHINGTON STATE


AMENDATORY SECTION(Amending WSR 00-06-066, filed 3/1/00, effective 4/1/00)

WAC 16-80-005   Definitions.   (((1))) 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.

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

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

(3) "Approved pseudorabies vaccine" means only those biological products that are approved by and produced under license of the United States Department of Agriculture (USDA) for injection into swine for the purpose of enhancing their resistance to pseudorabies, are specific gene deletion vaccines and are authorized for use in a specific herd by the state veterinarian.

(4))) "Exposed" means to have had contact with an animal infected with an infectious or communicable disease.

"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.

"Official USDA-approved identification" means ((a USDA issued backtag or an eartag bearing state identification and a unique number)) methods of identification, as approved in 9 C.F.R. Chapter 1, Section 71.19, January 1, 2009.

(((5))) "Pseudorabies infected herd" means a herd of swine in which pseudorabies has been diagnosed in one or more animals by the National Veterinary Service Laboratory (NVSL) or a state laboratory approved by USDA to conduct official pseudorabies tests.

(((6) "Expose" means to have contact with an animal infected with the pseudorabies virus.

(7) "Pseudorabies" means a contagious, infectious and communicable disease caused by a herpesvirus that affects swine and other animals.

(8) "Official pseudorabies test" means a test for the diagnosis of pseudorabies conducted in a USDA-approved laboratory. These tests include, but are not limited to, serum neutralization (SN), virus isolation, fluorescent antibody, latex agglutination, particle concentration fluorescence immunoassay (PCFIA) and enzyme-linked immunosorbent assay (ELISA).)) "USDA" means the United States Department of Agriculture.

[Statutory Authority: RCW 16.36.040. 00-06-066, 16-80-005, filed 3/1/00, effective 4/1/00. Statutory Authority: RCW 16.36.040 and 16.36.096. 91-08-027, 16-80-005, filed 3/29/91, effective 4/29/91.]


NEW SECTION
WAC 16-80-006   Adoption of USDA pseudorabies eradication program standards.   In addition to the rules adopted in this chapter, the Washington state department of agriculture adopts the procedures and methods of the USDA pseudorabies eradication state-federal-industry program standards, effective November 1, 2003. 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/

pseudorabies/downloads/program_stds.pdf

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NEW SECTION
WAC 16-80-008   Adoption of USDA swine brucellosis control and eradication program standards.   In addition to the rules adopted in this chapter, the Washington state department of agriculture adopts the procedures and methods of the USDA swine brucellosis control and eradication state-federal-industry program standards, effective April, 1998. 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_dis_spec/swine/downloads/sbruumr.pdf

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NEW SECTION
WAC 16-80-009   Surveillance program.   All blood samples from Washington swine submitted to the department's laboratory or to a USDA-approved laboratory for pseudorabies or brucellosis testing will be tested for both pseudorabies and swine brucellosis using official USDA-approved tests.

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AMENDATORY SECTION(Amending WSR 00-06-066, filed 3/1/00, effective 4/1/00)

WAC 16-80-010   Quarantine.   All swine ((herds)) infected with or exposed to classical swine fever (hog cholera), pseudorabies, swine brucellosis, or any other reportable, infectious, or communicable disease will be quarantined and officially tested for ((pseudorabies)) the above listed diseases by state or federal officials. If the owner of any such swine ((herd)) refuses to allow the department to test, the swine ((herd)) and the premises on which they are quarantined will remain quarantined until released under ((WAC 16-80-020,)) RCW 16.36.010 or 16.36.020. No animal or products of such animals will be removed from the premises while they are under quarantine except as provided in RCW 16.36.010 or 16.36.020.

[Statutory Authority: RCW 16.36.040. 00-06-066, 16-80-010, filed 3/1/00, effective 4/1/00. Statutory Authority: RCW 16.36.040 and 16.36.096. 91-08-027, 16-80-010, filed 3/29/91, effective 4/29/91.]


AMENDATORY SECTION(Amending WSR 00-06-066, filed 3/1/00, effective 4/1/00)

WAC 16-80-035   Indemnity for ((pseudorabies)) infected or exposed swine.   (1) Under RCW 16.36.090, the director may order the slaughter or destruction of any swine affected with or exposed to classical swine fever (hog cholera), pseudorabies, swine brucellosis, or any other reportable, infectious, or communicable disease. ((The state veterinarian must approve the disposal methods of those swine destroyed.))

(2) Under RCW 16.36.096, subject to the availability of ((sufficient)) funds appropriated for this specific purpose, the director may pay an indemnity ((for any swine)) in an amount of up to seventy-five percent of appraised or salvage value of the animal ordered slaughtered or destroyed. ((When the indemnity is approved, the amount that will be paid is one hundred dollars for any sow past fifty days pregnant or with suckling piglets, fifty dollars for boars and open sows or sows less than fifty days pregnant, and fifty dollars for breeding gilts over two hundred fifty pounds live weight. An indemnity of up to seventy-five percent of appraised value of feeding stock will be paid when destroyed rather than slaughtered.))

(3) No indemnity will be paid if:

(((1) The statewide infection rate exceeds 0.1% of total swine herds in the state; or

(2))) (a) The swine belong to the federal government or any of its agencies, this state or any of its political subdivisions, or any municipal corporations; or

(((3))) (b) The swine were ((brought into this state within six months of being ordered slaughtered or destroyed)) not imported into this state in compliance with state importation regulations found in chapter 16-54 WAC.

(4) The state veterinarian must approve of the disposal methods of any swine ordered destroyed.

[Statutory Authority: RCW 16.36.040. 00-06-066, 16-80-035, filed 3/1/00, effective 4/1/00. Statutory Authority: RCW 16.36.040 and 16.36.096. 91-08-027, 16-80-035, filed 3/29/91, effective 4/29/91.]


AMENDATORY SECTION(Amending WSR 00-06-066, filed 3/1/00, effective 4/1/00)

WAC 16-80-045   Identification of swine.   ((Boars and sows)) All swine moving through public livestock ((auction yards)) markets or collection facilities in intrastate or interstate commerce must ((be tagged with)) have official USDA-approved identification((. All swine moving in interstate commerce must be identified)) in compliance with ((federal regulation)) 9 C.F.R. Chapter 1, Section 71.19 ((a & b)), January 1, 2009.

[Statutory Authority: RCW 16.36.040. 00-06-066, 16-80-045, filed 3/1/00, effective 4/1/00. Statutory Authority: RCW 16.36.040 and 16.36.096. 91-08-027, 16-80-045, filed 3/29/91, effective 4/29/91.]


NEW SECTION
WAC 16-80-060   Feral swine.   Feral swine are illegal in the state of Washington. If found, feral swine will be eradicated and disposed of in a humane manner.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 16-80-007 Surveillance program.
WAC 16-80-015 Sale of quarantined animals.
WAC 16-80-020 Quarantine and release.
WAC 16-80-025 Disinfecting premises.
WAC 16-80-030 Disinfecting vehicles.
WAC 16-80-040 Vaccination.
WAC 16-80-047 Mandatory reporting of suspected pseudorabies.

Washington State Code Reviser's Office