WSR 11-22-096

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed November 2, 2011, 7:10 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-16-021.

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

Hearing Location(s): Big Bend Community College, 7611 Bolling Street N.E., ATEC Building 1800, Masto Conference Center 1870, Moses Lake, WA 98837, on December 6, 2011, at 8:30 a.m.; and at the Natural Resources Building, 1111 Washington Street S.E., First Floor, Conference Room 172, Olympia, WA 98504, on December 12, 2011, at 9:00 a.m.

Date of Intended Adoption: January 2, 2012.

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., December 12, 2011.

Assistance for Persons with Disabilities: Contact Washington state department of agriculture (WSDA) receptionist by November 30, 2011, 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 16-610 WAC, Livestock brand inspection, to align with recently enacted legislation. The 2011 legislative session passed SHB 1538 which directed the department to adopt rules designating when inspection certificates, certificates of permit, or other transportation documents must designate a physical address of a destination. The proposed amendments will designate when cattle and horses must be delivered or transported to the physical address designated on the inspection certificate, certificate of permit, or other transportation documents, establish exemptions to the requirements, and establish a base penalty for diversion violations.

Reasons Supporting Proposal: The proposed amendments are necessary to aid in animal disease traceability when an adverse animal health event occurs. The requirement/validation that animals are delivered to the physical address noted on official transportation documents is critical in supporting animal disease traceability.

Statutory Authority for Adoption: Chapters 16.57 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: WSDA, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Lynn Briscoe, Olympia, (360) 902-1987; 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. WSDA is not a listed agency under RCW 34.05.328 (5)(a)(i).

November 2, 2011

Leonard E. Eldridge, DVM

State Veterinarian

OTS-4367.3


NEW SECTION
WAC 16-610-053   Physical address requirements.   (1) Livestock inspection certificates, certificate of permits, and equine bill of sales shall contain a destination physical address except where specifically exempted in this section. For purposes of this section, a physical address is the actual street location of the destination.

(2) All cattle and horses must be transported and delivered directly to the physical address noted on a livestock inspection certificate, certificate of permit, and/or equine bill of sale. Cattle and horses shall not be diverted to any other physical address or location except for:

(a) A temporary destination due to a medical emergency where the immediate health of the animal is in jeopardy; or

(b) A category two restricted holding facility as defined in chapter 16-30 WAC if the cattle will be transported and delivered to a lot of like status.

(3) If the destination physical address cannot be determined due to no physical address assigned by the appropriate county jurisdiction or local emergency services, the following can be used:

(a) Descriptive driving directions to the physical location of where the cattle or horse(s) is being transported and delivered to; or

(b) The global positioning system (GPS) coordinates of the physical location of where the cattle or horse(s) is being transported and delivered to. GPS coordinates must contain two latitude or three longitude digits to the left of the decimal point and six digits to the right of the decimal point.

(4) Failing to provide the required destination physical address or acceptable alternative as defined in subsection (3) of this section or diverting cattle and horses from the destination physical address may result in a civil infraction per WAC 16-610-095.

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

WAC 16-610-095   Penalty schedule for notices of infraction.   (1) If any person fails to comply with the requirements of chapters 16-610 WAC and 16.57 RCW (Identification of livestock), the director may issue that person a notice of infraction and may assess a penalty.

(2) The following infractions have the base penalty listed, not including statutory assessments.


Livestock Identification Program

Civil Infraction Schedule for Violations of Chapter 16.57 RCW


Violation Base Penalty
RCW 16.57.260 Removal of cattle and horses from Washington state without an inspection certificate.
First offense $100.00
2nd offense within three years $150.00
3rd offense within three years $250.00
RCW 16.57.267 Failing to present an animal for mandatory inspection.
First offense $100.00
2nd offense within three years $150.00
3rd offense within three years $250.00
RCW 16.57.270 Refusing to assist in establishing ownership and identity.
First offense $100.00
2nd offense within three years $150.00
3rd offense within three years $250.00
RCW 16.57.350 Interfering with the director in the performance of livestock identification duties.
First offense $100.00
2nd offense within three years $150.00
3rd offense within three years $250.00
Chapter 204, Laws of 2011 Transporting or delivering cattle or horses to any destination other than the designated physical address.
First offense $100.00
2nd offense within three years $150.00
3rd offense within three years $250.00
RCW 16.57.050 Using an unrecorded brand.
Each offense $37.00
Chapter 204, Laws of 2011 Failing to designate a physical address
Each offense $37.00
RCW 16.57.243 Moving cattle without proof of ownership.
Each offense $37.00
RCW 16.57.275 Transporting a carcass without proof of ownership.
Each offense $37.00
RCW 16.57.277 Failing to attach custom slaughter tags.
Each offense $37.00
RCW 16.57.410 Acting as a registering agency without a permit.
Each offense $37.00

[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. 07-14-057, 16-610-095, filed 6/28/07, effective 7/29/07.]

Washington State Code Reviser's Office