WSR 10-17-123

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed August 18, 2010, 10:01 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-13-159.

Title of Rule and Other Identifying Information: Chapter 16-610 WAC, Livestock brand inspection.

Hearing Location(s): Kittitas Valley Event Center, Building 5, Naneum Room, 512 North Poplar Street, Ellensburg, WA 98926, on September 22, 2010, at 2:00 p.m.

Date of Intended Adoption: October 7, 2010.

Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504, e-mail WSDARulesComments@agr.wa.gov, fax (360) 902-2092, by 5:00 p.m., September 23, 2010.

Assistance for Persons with Disabilities: Contact WSDA receptionist by September 15, 2010, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: During the 2010 legislative session, the ability to provide self-inspection for transactions of twenty-five head or less of cattle was removed from chapter 16.57 RCW effective June 10, 2010. In addition, a $25.00 fee was established for the issuance of replacement copies of brand inspection documents. The department proposes to amend chapter 16-610 WAC to conform to recent statutory amendments and to define processes to administer these changes. Also, housekeeping amendments are proposed to bring the rules up-to-date and fine tune current inspection practices to include: The establishment of renewal training for certified veterinarians; and an adjustment of the cattle inspection fee structure for out-of-state brands not recorded within Washington.

Reasons Supporting Proposal: The proposed amendments to chapter 16-610 WAC are necessary to conform the rule to recent statutory amendments and to define the process the department will use to administer these changes.

Statutory Authority for Adoption: Chapters 16.57, 16.58, 16.65, and 34.05 RCW.

Statute Being Implemented: Chapter 16.57 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington state department of agriculture, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Lynn Briscoe, Olympia, Washington, (360) 902-1987; and Enforcement: Leonard Eldridge, DVM, Olympia, Washington, (360) 902-1881.

No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 (1)(a) requires an agency to prepare a small business economic impact statement (SBEIS) for proposed rules that imposes a more than minor cost on the business in an industry. The department has analyzed the economic effects and has determined that the proposed changes to this rule would not impose more than minor costs upon the regulated industry. The changes are proposed in order to conform to recent statutory amendments (chapter 16.57 RCW and SSB 6299 2010 regular session) and the proposed rule will not impose any additional costs upon the regulated industry.

A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).

August 18, 2010

Leonard E. Eldridge, DVM

State Veterinarian

OTS-3553.1


AMENDATORY SECTION(Amending WSR 07-14-057, filed 6/28/07, effective 7/29/07)

WAC 16-610-016   Self-inspection certificates issued prior to June 10, 2010.   (1) A self-inspection certificate ((is)) was used for cattle inspections involving twenty-five head or less at the point of private sale, trade, gifting, barter, or any other action not in connection with a public livestock market that constitutes a change of ownership.

(2) ((You may purchase these forms by contacting the department at 360-902-1855.

The purchase price of a self-inspection certificate is equal to the sum of the number of head involved in the transaction multiplied by the current inspection fee of $1.60 and the number of head involved in the transaction multiplied by the beef promotion fee.

(3))) Self-inspection certificates completed after June 10, 2010, are not satisfactory proof of ownership for cattle. Self-inspection certificates completed prior to June 10, 2010, will be accepted as satisfactory proof of ownership of cattle if:

(a) The self-inspection certificate((s must be)) was completed and signed by the buyer and seller. The original completed copy of the certificate ((must be given to the buyer and)) must accompany the cattle. ((The seller must also retain a copy of the completed certificate.))

(b) ((Self-inspection is limited to transactions involving twenty-five head or less of cattle.

(c))) The buyer must ((be given)) provide, at the time of reinspection, additional proof of ownership documentation for all cattle bearing brands not recorded to the seller listed on the self-inspection certificate.

[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. 07-14-057, 16-610-016, filed 6/28/07, effective 7/29/07; 04-01-171, 16-610-016, filed 12/23/03, effective 1/23/04.]


AMENDATORY SECTION(Amending WSR 07-14-057, filed 6/28/07, effective 7/29/07)

WAC 16-610-018   Proof of ownership documents.   (1) Proof of ownership for cattle and horses may be established at the time of a livestock inspection by presenting one of the following documents:

(a) An official livestock inspection certificate issued by the director.

(b) A duplicate certificate or certified copy of an original inspection document issued by the director.

(c) For cattle only, a self-inspection certificate ((signed by both the seller and the buyer. Additional proof of ownership for all livestock bearing brands not recorded to the seller must be provided to the buyer)) completed prior to June 10, 2010, and any other information required in WAC 16-610-016.

(d) An official inspection certificate issued by another state or province that maintains a livestock inspection program.

(e) Registration papers on purebred horses.

(f) Registration papers on purebred cattle if the brand is not recorded in this state.

(g) ((For horses only, a)) Bill of sale. For horses, the department form #7092 Equine Bill of Sale may be used and may be purchased by contacting the department at 360-902-1855. The purchase price of an Equine Bill of Sale is $1.00 for a book of twenty-five.

(h) A certificate of veterinary inspection issued by a state that does not maintain a livestock inspection program. Vaccination/test tags and the animal description must be verifiable and match the document.

(2) Only original inspection certificates, official duplicate certificates, or certified copies of inspection certificates are acceptable. The name of the livestock owner must appear on the document that is submitted. Carbon copies, faxed copies or photocopies will not be accepted((. The name of the livestock owner must appear on the document that is submitted)) except for registration papers on purebred livestock.

[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. 07-14-057, 16-610-018, filed 6/28/07, effective 7/29/07; 04-01-171, 16-610-018, filed 12/23/03, effective 1/23/04.]


AMENDATORY SECTION(Amending WSR 07-14-057, filed 6/28/07, effective 7/29/07)

WAC 16-610-020   Cattle inspections for brands or other proof of ownership.   (1) All cattle must be inspected for brands or other proof of ownership:

(a) Before being moved out of Washington state, unless the provisions of WAC 16-610-035(2) apply.

(b) When offered for sale at any public livestock market or special sale approved by the director.

(c) Upon delivery to any cattle processing plant where the United States Department of Agriculture maintains a meat inspection program, unless the cattle:

(i) Originate from a certified feedlot; or

(ii) Are accompanied by an inspection certificate issued by the director, or a veterinarian certified by the director, or an agency in another state or Canadian province authorized by law to issue such a certificate.

(2) All cattle entering or reentering any certified feedlot licensed under chapter 16.58 RCW must be inspected for brands or other proof of ownership before commingling with other cattle unless the cattle are accompanied by an inspection certificate issued by the director, or a veterinarian certified by the director, or an agency in another state or Canadian province authorized by law to issue such a certificate.

(3) All cattle must be inspected for brands or other proof of ownership at any point of private sale, trade, gifting, barter, or any other action that constitutes a change of ownership, except for individual private sales of unbranded female dairy breed cattle involving fifteen head or less. For transactions involving cattle not being moved or transported out of Washington state:

(a) Cattle must be presented for an inspection within fifteen days from the date of the initial transaction. It shall be the responsibility of the seller to notify the department immediately that a sale has occurred. It shall be the responsibility of the buyer to present the animals for inspection.

(b) Cattle sold for 4-H and FFA youth projects are exempt from the fifteen day inspection requirement and can be inspected, if not prior, when consigned to a terminal show.

(4) Exemptions from mandatory inspections do not exempt cattle sellers from paying beef promotion fees owed to the Washington state beef commission under chapter 16.67 RCW.

[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. 07-14-057, 16-610-020, filed 6/28/07, effective 7/29/07; 04-01-171, 16-610-020, filed 12/23/03, effective 1/23/04.]


AMENDATORY SECTION(Amending WSR 07-14-057, filed 6/28/07, effective 7/29/07)

WAC 16-610-050   Cattle inspections for private transactions.   Inspections of cattle required under WAC 16-610-020(3) may be conducted by:

(1) The director; or

(2) Veterinarians certified by the director((; or

(3) The buyer and seller using a self-inspection certificate)).

[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. 07-14-057, 16-610-050, filed 6/28/07, effective 7/29/07; 04-01-171, 16-610-050, filed 12/23/03, effective 1/23/04.]


AMENDATORY SECTION(Amending WSR 07-14-057, filed 6/28/07, effective 7/29/07)

WAC 16-610-060   Veterinarian certification.   (1) The director may certify veterinarians, who are licensed and accredited in Washington state and who comply with the requirements of this section, to issue livestock inspection certificates.

(2) Veterinarians licensed and accredited in Washington state who wish to issue inspection certificates for livestock must apply for certification on the department's application form (WSDA form #7028). The application must include the following:

(a) The full name and principal business address of the individual applying for certification;

(b) The applicant's Washington state veterinary license number;

(c) The geographic area in which the applicant will issue inspection certificates for livestock;

(d) A statement describing the applicant's experience with large animals, especially cattle and horses;

(e) A brief statement indicating that the applicant is requesting certification to issue inspection certificates for cattle, horses or both;

(f) The signature of the applicant; and

(g) Any other additional information as requested by the director.

(3) All applications must be accompanied by a check or money order for the amount of the certification fee of thirty-five dollars per applicant.

(4) Certifications expire on the third December 31st following the date of issuance. For example, if a certificate was issued on October 14, 2003, it would expire on December 31, 2005. All applications for renewal of certification must be submitted on AGR Form 930-7089 and accompanied by a check or money order for the amount of the certification fee of thirty-five dollars per applicant.

(5) All veterinarians applying for certification or renewal of certification must successfully complete department-provided training. The department will provide to each person applying for certification or renewal of certification a copy of the most current brand book and any supplements issued to date. Training will include, but will not be limited to, the:

(a) Reading of printed brands;

(b) Reading of brands or other marks on ((live)) animals;

(c) Completion of official documents; and

(d) Review of satisfactory ownership documents.

(6) The director will maintain a list of veterinarians certified to perform livestock inspections. Interested parties may request a copy of the list from the department by calling 360-902-1855.

(7) Inspections by certified veterinarians are conducted upon request and provided at the discretion of the veterinarian.

(8) Certified veterinarians must submit all required inspection fees to the director and copies of each inspection certificate within thirty days of the date of issue.

(9) The director may deny certification or renewal of certification to issue inspection certificates if the veterinarian fails to meet the requirements of this section or knowingly makes false or inaccurate statements regarding his or her qualifications on the certification application.

[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. 07-14-057, 16-610-060, filed 6/28/07, effective 7/29/07; 04-01-171, 16-610-060, filed 12/23/03, effective 1/23/04.]


AMENDATORY SECTION(Amending WSR 07-14-057, filed 6/28/07, effective 7/29/07)

WAC 16-610-065   Livestock identification fees.   All livestock identification inspection fees charged by the director are specified in statute under RCW 16.57.220 but are reproduced in this section for ease of reference.

For purposes of this section, the time and mileage fee means seventeen dollars per hour and the current mileage rate set by the office of financial management.


Certificate Fees:
Inspection Certificate - Cattle (1) The livestock inspection fee for cattle is $1.60 per head or the time and mileage fee, whichever is greater, except:
The fee for livestock inspection for cattle is $1.10 per head or the time and mileage fee, whichever is greater, when cattle are identified with a valid brand recorded to the owner of the cattle in Washington ((or another state or province)).
(((a) This fee does not apply for inspection of cattle when documenting a change of ownership with a self-inspection certificate.
(b) Proof of the recording status of out-of-state brands must be presented to the director at the time of inspection.))
The time and mileage fee may be waived for private treaty transactions of ten head or less of cattle bearing the seller's Washington recorded brand and special sales of 4-H, FFA, and junior/youth groups. The time and milage waiver:
(a) Will be limited to twelve waivers within a calendar year; and
(b) Does not apply to multiple sales to the same buyer within a thirty-day period.
(2) The livestock inspection fee for cattle is $4.00 per head for cattle delivered to a USDA inspected slaughter facility with a daily capacity of no more than five hundred head of cattle.
(3) No inspection fee is charged for a calf that is inspected prior to moving out-of-state under an official temporary grazing permit if the calf is part of a cow-calf unit and the calf is identified with the owner's Washington state-recorded brand.
(4) No inspection fee is charged for a dairy calf less than thirty days old that is delivered to a USDA inspected slaughter facility.
Inspection Certificate - Horse (5) The livestock inspection fee for horses is $3.50 per head or the time and mileage rate, whichever is greater, except:
Inspection Certificate - Groups of thirty or more horses (6) The livestock inspection fee for groups of thirty or more horses is $2.00 per head or the time and mileage fee, whichever is greater, if:
(a) The horses are owned by one individual; and
(b) The inspection is performed on one date and at one location; and
(c) Only one certificate is issued.
Inspection Certificate - Minimum fee (7) The minimum fee for a livestock inspection is $5.00. The minimum fee does not apply to livestock consigned to and inspected at a public livestock market, special sale, or a cattle processing plant.
Annual individual identification certificate for individual animals (8)(a) The livestock inspection fee for an annual individual identification certificate for cattle and horses is $20.00 per head or the time and mileage fee, whichever is greater.
(b) The livestock inspection fee for an annual individual identification certificate for groups of thirty or more horses or cattle is $5.00 per head or the time and mileage fee, whichever is greater, if:
(i) The horses or cattle are owned by one individual;
(ii) The inspection is performed on one date and at one location; and
(iii) Only one certificate is issued.
Lifetime individual identification certificate (9) A livestock inspection fee for a lifetime individual identification certificate for horses and cattle is $60.00 per head or the time and mileage fee, whichever is greater.

[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. 07-14-057, 16-610-065, filed 6/28/07, effective 7/29/07; 04-01-171, 16-610-065, filed 12/23/03, effective 1/23/04.]


NEW SECTION
WAC 16-610-066   Replacement copies of brand inspection documents.   (1) Individuals can request replacement copies of inspection documents issued by the director which are held by the department.

(2) All requests for replacement copies will be submitted on AGR Form 930-7093 to the department.

(3) A twenty-five dollar fee will be charged per document for replacement copies and must accompany the form.

(4) Replacement copies will only be issued to a requestor whose name appears as the buyer, seller, or owner on the document being requested.

[]


AMENDATORY SECTION(Amending WSR 07-14-057, filed 6/28/07, effective 7/29/07)

WAC 16-610-140   Approval of special sales and open consignment horse sales.   (1) An individual, farmers cooperative association, association of livestock breeders, or youth livestock organization such as 4-H, FFA, or other junior livestock group may submit an application to the director for a special sale or open consignment horse sale. Approval of applications for a special sale or open consignment horse sale is at the discretion of the director.

(2) A livestock market may submit an application to the director for a special sale or open consignment horse sale on a day not specifically assigned to it. Approval of special sales and open consignment horse sales on unassigned days is at the discretion of the director.

(3) Special sales and open consignment horse sales are limited to three sales per month per applicant in any location, as long as all requirements are met and the proper permits and license have been obtained.

(4) "Special sale" does not mean a public sale by a group of individuals conducting private treaty sales of horses brought to a central location if:

(a) Funds are not handled by a third party; and

(b) The buyer meets the inspection requirements contained in RCW 16.57.260.

(5) Application for approval of a special sale or open consignment horse sale must be made at least fifteen days in advance of the proposed sale.

(6) The application for a special sale or open consignment horse sale must be made on forms provided by the director and must contain the following:

(a) Name, address, and contact number of the applicant;

(b) Type of applicant: Producer, livestock market, or association;

(c) Name of sale and/or event;

(d) Type and number of livestock expected to be sold;

(e) Date, time, and location of the sale;

(f) Name and contact number of the veterinarian who will be providing animal health services; and

(g) The signature of the applicant.

(7) In addition to the requirements in subsections (5) and (6) of this section, the application for an open consignment horse sale must also provide the director with the following:

(a) A detailed statement showing all of the assets and liabilities of the applicant;

(b) A schedule of rates and charges that the applicant will impose on the seller or consignor, including the entry fee, commission, pass out (no sale) fees, stabling, etc.;

(c) Verification of custodial account, as per RCW 16.65.140;

(d) Written evidence of valid bond, as per RCW 16.65.232; and

(e) The projected approximate value of the horses to be handled.


(8) The director charges a special sale application fee of fifty dollars, which is specified in RCW 16.65.420, and an open consignment horse sale license fee of one hundred dollars, as specified in RCW 16.65.042. Applications will not be processed until the application fee is paid. ((There is no application fee for youth livestock organizations.))

[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. 07-14-057, 16-610-140, filed 6/28/07, effective 7/29/07; 04-01-171, 16-610-140, filed 12/23/03, effective 1/23/04.]

Washington State Code Reviser's Office