WSR 10-13-153

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed June 23, 2010, 8:32 a.m. , effective July 24, 2010 ]


     Effective Date of Rule: Thirty-one days after filing.

     Purpose: The department held hearings in Olympia and Ellensburg on April 29 and May 10, 2010, to accept testimony on proposed amendments to chapter 16-54 WAC, Animal importation. Based on testimony received the department has decided to make changes to certain sections of the proposed language and conduct another hearing, therefore withdrawing WAC 16-54-010 Definitions, 16-54-068 Restrictions, 16-54-082 Domestic bovine animals -- Importation requirements, 16-54-085 Domestic bovine tuberculosis requirements, and 16-54-086 Bovine trichomoniasis requirements.

     The department proposed to amend chapter 16-54 WAC to create a definition for feral swine, add contagious equine metritis to import restrictions and amend the poultry test requirements. The following sections will be adopted as permanent rules: WAC 16-54-071 Domestic equine and equine reproductive products -- Importation requirements, 16-54-090 Goats -- Importation and testing requirements, 16-54-145 Poultry and game birds -- importation and testing requirements, 16-54-160 Birds other than poultry -- Importation and testing requirements, and 16-54-180 Wild and exotic animals -- Importation and testing requirements.

     Statutory Authority for Adoption: Chapter 16.36 RCW.

     Other Authority: Chapter 34.05 RCW.

      Adopted under notice filed as WSR 10-12-078 on June 1, 2010.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 5, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 5, Repealed 0.

     Date Adopted: June 23, 2010.

June 23, 2010

Dan Newhouse

Director

OTS-3297.1


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 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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