WSR 11-22-097

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


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

Original Notice.

Preproposal statement of inquiry was filed as WSR 11-16-020.

Title of Rule and Other Identifying Information: Chapter 16-54 WAC, Animal importation.

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 add a new section to chapter 16-54 WAC to align with recently enacted legislation. The 2011 legislative session passed SHB 1538 which directed the department to adopt rules designating when a certificate of veterinary inspection, permit, and other transportation documents require a physical address for the destination when importing animals into Washington and when those animals must be delivered or transported directly to the physical address of that destination. Animals that are not transported and delivered to the physical address on the official animal health document may be assessed a civil penalty in accordance with chapter 16-90 WAC.

Reasons Supporting Proposal: This new section is necessary for the validation that animals are delivered to the physical address noted on official animal health documents and to aid in animal disease traceability when the department receives information that infectious and communicable diseases are present in Washington animals and the department needs to identify what animals have been exposed.

Statutory Authority for Adoption: RCW 16.36.040 and chapter 34.05 RCW.

Statute Being Implemented: Chapter 16.36 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: Jodi Jones, Olympia, (360) 902-1889; 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-4276.2


NEW SECTION
WAC 16-54-031   Physical address requirements.   (1) Certificate of veterinary inspection, entry permit, movement permit, and temporary grazing permits shall contain the destination physical address for animals entering Washington state 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 animals must be transported and delivered directly to the physical address noted on the certificate of veterinary inspection, entry permit, movement permit, or temporary grazing permit.

(a) Animals shall not be diverted to any other physical address except for a temporary destination due to a medical emergency where the immediate health of the animal is in jeopardy. If a physical address destination change is necessary for a medical emergency, the notification requirements listed in subsection (3) of this section shall apply.

(b) Notification requirements listed in subsection (3) of this section will apply to category two restricted holding facilities, as defined in chapter 16-30 WAC, when cattle are not transported and delivered to the destination physical address as permitted on the original entry permit. Category two restricted holding facilities may only change the destination physical address as permitted on the original permit if the cattle will be transported and delivered to a lot of like status.

(3) Requirements for reporting changes to physical address destinations noted in subsection (2) of this section.

(a) Contact the department within twenty-four hours by phone at 360-902-1878 or by e-mail at ahealth@agr.wa.gov.

(b) Report the official document number and the physical address to where the animal(s) was transported and delivered to.

(4) Failing to provide the required destination physical address or acceptable alternative per subsection (5)(a) of this section or diverting animals from the destination physical address may result in a civil penalty as authorized by RCW 16.36.113 and defined in chapter 16-90 WAC.

(5) Exemptions to destination physical address requirements.

(a) 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 shall apply:

(i) Descriptive driving directions to the physical location of where the animal(s) is being transported and delivered to must be included on the certificate of veterinary inspection, entry permit, movement permit or temporary grazing permit; or

(ii) The global positioning system (GPS) coordinates of the physical location of where the animal(s) is being transported and delivered to must be included on the certificate of veterinary inspection, entry permit, movement permit or temporary grazing permit. 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.

(b) Poultry, or other animals, that are permitted under this chapter and chapter 16.30 RCW and are approved by the United States Postal Service's (USPS) list of mailable live animals are exempt from the destination physical address requirement. For a list of mailable live animals, please visit http://pe.usps.com/text/pub52/pub52c5_007.htm.

[]

Washington State Code Reviser's Office