Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-01-105.

     Title of Rule and Other Identifying Information: Chapter 16-604 WAC, Public livestock markets -- Health, brands and weights and measures.

     Hearing Location(s): Natural Resources Building, 1111 Washington Street S.E., Second Floor, Conference Room 259, Olympia, WA 98504, on April 30, 2010, at 11:00 a.m.; and at the Kittitas County Event Center, Heritage Center, 512 North Poplar Street, Ellensburg, WA 98926, on May 11, 2010, at 10:30 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 16-604 WAC to correct references to the Code of Federal Regulation as well as make it clear and readable. The department also proposes to change the name of this WAC to "Public livestock markets -- Health, facilities, and sanitation."

     Reasons Supporting Proposal: The proposed amendments will make the rules easier to understand and interpret.

     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-2849.5

     (((1) "Market" means public livestock market as defined in RCW 16.65.010(1).

     (2))) "C.F.R." means Code of Federal Regulations.

     "Consigned" means to deliver for sale at a public livestock market.

     "Department" means the department of agriculture of the state of Washington.

     (((3))) "Director" means the director of the department or ((his)) the director's duly authorized representative.

     (((4))) "Licensee" means any person licensed to operate a public livestock market.

     (((5))) "Livestock" ((except as used in the brand inspection regulations of this order)) means ((all)) cattle, bison, horses, mules, donkeys, swine, sheep, goats, rabbits, llamas, alpacas, ratites, poultry ((and rabbits)), waterfowl, game birds, and other species so designated by statute. "Livestock" does not mean free ranging wildlife as defined in Title 77 RCW.

     (((6) "Livestock" as used in the brand inspection regulations of this order means all cattle of whatever species, breed or age.

     (7))) "Lot" means livestock of one ownership.

     (((8))) "Market" means public livestock market as defined in RCW 16.65.010(1).

     "Market veterinarian" means a ((graduate)) veterinarian licensed in the state of Washington, accredited by USDA, and ((employed by)) contracted with a public livestock market.

[Statutory Authority: RCW 16.36.040 and 16.36.096. 92-21-022, § 16-604-009, filed 10/13/92, effective 11/13/92; Order 1102, § 16.604.009 (codified as WAC 16-604-009), filed 11/18/68; Order 1059, Regulation 1, filed 7/24/67, effective 8/23/67; Order 1025, Regulation 1, filed 7/22/66, effective 8/22/66.]

     (1) The licensee shall be responsible for the moving and yarding of livestock necessary for ((brand)) animal health inspection. Personnel employed by the ((salesmarket)) public livestock market will be required to sort and designate any ((apparent)) unhealthy animals, as determined by the market veterinarian, before they are admitted into trade channels.

     (2) The floors of all pens and alleys that are part of a public livestock market shall be constructed of concrete or similar impervious material and kept in good repair, with a slope of not less than one-fourth inch per foot to adequate drains leading to an approved system((: Provided, That)). The director may designate certain pens within such public livestock markets as feeding and holding pens and the floors and alleys of such pens shall not be subject to the aforementioned surfacing requirements.

     (3) Feeding and holding pens maintained in an area adjacent to a public livestock market shall be constructed and separated from such public livestock market, in a manner prescribed by the director, in order to prevent the spread of communicable diseases to the livestock sold or held for sale in such public livestock market.

     (4) All yards, chutes and pens used in handling livestock shall be constructed of such material which will render them easily cleaned and disinfected, and such yards, pens and chutes shall be kept clean, sanitary and in good repair at all times, as required by the director.

     (5) Sufficient calf pens of adequate size to prevent overcrowding shall be provided, and such pens when used shall be cleaned and disinfected no later than the day subsequent to each sale.

     (6) All swine pen facilities shall be covered and when used shall be cleaned and disinfected no later than the day subsequent to each sale.

     (7) A water system carrying a pressure of forty pounds and supplying sufficient water to thoroughly wash all pens, floors, alleys and equipment shall be provided.

     (8) Sufficient quarantine pens of adequate capacity shall be provided. Such pens shall be used to hold only cattle reacting to brucellosis and tuberculosis or to quarantine livestock with other contagious or communicable diseases and shall be:

     (a) Hard surfaced with concrete or similar impervious material and shall be kept in good repair.

     (b) Provided with separate watering facilities.

     (c) Painted white with the word "quarantine" painted in red letters not less than four inches high on such quarantine pen's gate.

     (d) Provided with a tight board fence not less than five and one-half feet high.

     (e) Cleaned and disinfected not later than one day subsequent to the date of sale.

     To prevent the spread of communicable diseases among livestock, the director shall have the authority to cause the cleaning and disinfecting of any area or all areas of a public livestock market and equipment or vehicles with a complete coverage of disinfectants approved by the director.

[Statutory Authority: RCW 16.36.040 and 16.36.096. 92-21-022, § 16-604-020, filed 10/13/92, effective 11/13/92; Order 1174, § 16-604-020, filed 12/15/70; Order 1059, Regulation 3, filed 7/24/67, effective 8/23/67; Order 1025, Regulation 3, filed 7/22/66, effective 8/22/66; Order 954, filed 8/20/64; Order 913, filed 4/1/63; Order 853, filed 6/19/61; Order 788, effective 6/17/59.]

     (2) For livestock health purposes, the director shall establish procedures for inspection of livestock markets for compliance with sanitary requirements and to observe livestock being handled. Such inspections shall be conducted by animal health inspection personnel working under the jurisdiction of the director. Such inspectors will not issue health certificates, perform "private treaty work" or engage in functions other than those in connection with surveillance for communicable, infectious animal diseases and sanitary measures. Operators of markets shall arrange with a market veterinarian to perform animal health inspections, issue health certificates or certificates of veterinary inspection, perform private treaty work, and perform any testing, quarantine, or movement restrictions of animals as directed by the director of agriculture or required by federal law. Departmental inspectors will work in cooperation with any market veterinarians in performing yard inspections.

     (3) Markets handling swine shall be required to identify all boars and sows with official identification. Markets must comply with chapters 16-54 and 16-80 WAC and ((Title 9, Code of Federal Regulations, Parts 71 and 76,)) 9 C.F.R. Sec. 71.19 and 71.20 when handling swine for market.

     (4) No livestock may leave the market for points outside the state of Washington without first meeting the requirements of the state of destination and ((Title 9, Subchapter C, Code of Federal Regulations)) 9 C.F.R. Parts 71 through 89, interstate transportation of animals (including poultry) and animal products.

     (5) Any animal or animals which have been found by the ((inspector)) market veterinarian to be diseased or unhealthy shall be handled in accordance with instructions ((of a)) from the office of the state veterinarian as to disposition. ((He)) The market veterinarian may require they be marked "slaughter only" and:

     (a) Be sold only to immediate slaughter at a federally inspected slaughter plant;

     (b) Require they be sold "as is" with an announcement;

     (c) Require they be returned to consignor with or without quarantine; or

     (d) Require they be held under quarantine in the yard.

     (6) ((Brucellosis.)) Market requirements.

     (a) Animal health requirements as prescribed in chapters 16-54 and 16-86 WAC shall be met for animals entering or released from the public livestock markets. Those public livestock markets that are not specifically approved as per ((Title 9, Part 78, Subchapter C, Code of Federal Regulations)) 9 C.F.R. Part 78 that wish to provide brucellosis blood testing as approved by the director shall comply with the facilities requirements for specifically approved ((saleyards)) public livestock markets. Specifically approved ((yards (Title 9, Part 78, Code of Federal Regulations)) markets (9 C.F.R. Part 78) can accept cattle and bison from out-of-state without meeting the import requirements provided that all Washington state animal health requirements are met at the ((yard)) market upon arrival and the animals are consigned to sell through a specifically approved market. Those ((yards)) markets not specifically approved, or animals that are not consigned to sell through a specifically approved market, can only receive from out-of-state only those cattle and bison that have met all animal health requirements prior to entering the state.

     (b) Animals released from Washington markets to points outside the state shall be in compliance with Federal Interstate Regulations and must meet the import requirements of the state of destination.

     (c) ((Salesyard)) Public livestock market brucellosis reactors will be:

     (i) Tagged with reactor identification tags in the left ear and branded "B" ((on the left jaw)) according to 9 C.F.R. Sec. 78.1.

     (ii) Placed in a "quarantine pen."

     (iii) Sold at the close of the regular sale to licensed slaughterer or their designated agent operating under federal or state inspection or return to the farm of origin under a written quarantine.

     (iv) The market veterinarian shall issue VS Form 1-27 on all suspects or reactors immediately after their sale or detection and the original copy must accompany the animals to slaughter or back to the farm of origin. The pink and yellow copies are to be mailed immediately to the state veterinarian, Olympia, and the green copy mailed immediately to the destination of shipment ((or shall accompany shipment)).

     (v) All brucellosis reactors consigned and transported directly to a licensed slaughtering establishment for immediate slaughter cannot be transported with any animals not so consigned. All trucks and railway cars or other conveyances used for the transportation of such reactors shall be cleaned and disinfected at destination under state and federal supervision.

     (7) ((For the purpose of tracing dealer consigned livestock to herds of origin for health purposes, the certificates of permit (S.F. No. 4847) will be the accepted document for transferring tracing information to the director at the market.

     Exceptions - this section does not apply to dairy cattle under twenty months nor beef cattle under twenty-four months of age.)) Within the state of Washington, a certificate of permit (haul slip) must be provided to the department by the market for transferring disease tracing information on resident cattle.

     (8) All public livestock markets shall officially identify all sexually intact cattle and bison over eighteen months of age with an official backtag prior to being presented for sale. Records of the backtags applied to the animal indicating seller, buyer, and brucellosis vaccination status if animal is a female shall be maintained by the market for a period of one year.

     (9) ((Immediate slaughter)) Slaughter-only livestock.

     (a) Livestock purchased through a market in the state of Washington for slaughter ((in the state of Washington may)) only must be consigned ((only)) to a ((licensed slaughtering establishment,)) federally inspected slaughter plant; or restricted dry feed lot((,)) where all livestock remain in slaughter channels; or another market for sale for ((immediate)) slaughter. Such animals will be cleared from the market on a Washington state cattle brand certificate and must reach the declared point of destination ((at)), slaughter establishment or restricted feed lot, within ((ten days)) twelve hours of first being declared ((immediate slaughter)) slaughter-only livestock. Identification tags may not be removed and clearance papers must be presented with the animals at declared point of destination and livestock shall not be diverted to any other point.

     (b) Cattle that have been declared ((immediate slaughter)) slaughter-only cattle shall not be commingled with cattle not so declared.

     (c) No Washington state cattle brand certificate will be issued at any market unless the purchaser first certifies the exact name and physical address of the destination of such domestic animals ((or animal)) and such animals are identified to herd of origin in a manner prescribed by the ((director)) state veterinarian.

     (10) Health of swine.

     (a) Intrastate consignments. Washington swine that are healthy, ((unexposed)) not known to be affected with or exposed to any contagious or infectious swine diseases, and not under quarantine may enter and leave any market in the state after veterinary inspection.

     (b) Interstate consignments.

     (i) Slaughter swine. Swine not known to be affected with or exposed to infectious or communicable swine diseases may be ((moved)) imported into the state without ((health)) a certificate of veterinary inspection to a recognized ((slaughtering center)) federally inspected slaughter plant, ((public stockyards under federal supervision)) or ((livestock market)) specifically approved livestock market under ((Part 76, Title 9, Code of Federal Regulations)) 9 C.F.R. Sec. 71.19 for immediate slaughter, and may not be diverted ((enroute)) en route. The waybills or certificates for shipment must contain an entry permit number obtained from the office of the state veterinarian and must state for "slaughter only to a federally inspected slaughter plant."

     (ii) Feeder and breeder swine - must have originated from states in Stage IV or Stage V pseudorabies free status and/or comply with the entry requirements as stated in chapter 16-54 WAC. Animals must be accompanied by an official ((health)) certificate of veterinarian inspection stating that they are clinically free of symptoms of infectious and contagious disease or exposure thereto, unless consigned to a specifically approved livestock market ((approved)) under ((Part 76, Title 9, CFR)) 9 C.F.R. Part 85. The certificate of veterinary inspection will contain an entry permit number obtained from the office of the state veterinarian and the consignor and consignee will be properly listed with exact ((mailing)) physical origin and destination addresses clearly shown. Such ((hogs)) swine must not come in contact with ((hogs)) swine from states of unlike status prior to or during shipment, and must have been transported in one continuous movement.

     (c) Swine brucellosis. All interstate swine over six months of age entering public livestock markets to be sold for breeding purposes must have been tested and found negative to swine brucellosis within thirty days prior to entry or originate in a validated swine brucellosis free herd or state. Swine not in compliance with this requirement will not be sold as breeder swine. ((Swine originating from a herd where brucellosis is known to exist will not be sold as breeder swine.))

[Statutory Authority: RCW 16.36.040 and 16.36.096. 92-21-022, § 16-604-025, filed 10/13/92, effective 11/13/92; Order 1174, § 16-604-025, filed 12/15/70; Order 1059, Regulation 4, filed 7/24/67, effective 8/23/67; Order 1025, Regulation 3, 7/22/66, effective 8/22/66; Order 954, filed 8/20/64; Order 913, filed 4/1/63; Order 853, filed 6/19/64; Order 788, effective 6/17/59.]

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