WASHINGTON STATE REGISTER

WSR 12-21-013

PERMANENT RULES

DEPARTMENT OF AGRICULTURE

[ Filed October 5, 2012, 3:45 p.m. , effective November 5, 2012 ]

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

Purpose: The department proposed to amend chapter 16-610 WAC to reinstate livestock inspection fees for dairy calves delivered to a United States Department of Agriculture (USDA) inspected slaughter facility.

Citation of Existing Rules Affected by this Order: Amending WAC 16-610-065.

Statutory Authority for Adoption: Chapter 16.57 RCW.

Other Authority: Chapter 34.05 RCW.

Adopted under notice filed as WSR 12-16-097 on August 1, 2012.

Changes Other than Editing from Proposed to Adopted Version: The department proposed to amend chapter 16-610 WAC to align with SHB 1538 that was signed by the governor in 2011 supporting animal disease traceability. Proposed changes included:

• Modifying the livestock inspection exemption for private sales of unbranded, female, dairy breed cattle involving fifteen head or less. This modification would limit the inspection exemption to only producers with a valid Washington state department of agriculture milk producers license;

• Requiring milk producers to develop, implement, and financially support an electronic transaction reporting system within eighteen months of the rule making effective date;

• Requiring a certificate of permit and bill of sale to accompany any cattle presented for an inspection that are in the possession of the buyer;

• Exempting unbranded dairy breed bull calves or free martins from inspection requirements when criteria are met; and

• Reinstating livestock inspection fees for dairy calves delivered to a USDA inspected slaughter facility.

The department is only adopting the reinstatement of livestock inspection fees for dairy calves delivered to a USDA inspected slaughter facility.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: October 5, 2012.

Dan Newhouse

Director

OTS-4924.2

AMENDATORY SECTION(Amending WSR 10-21-016, filed 10/7/10, effective 11/7/10)

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.

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)~~)) (4) 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)~~)) (5) 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)~~)) (6) 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)~~)) (7)(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)~~)) (8) 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. 10-21-016, § 16-610-065, filed 10/7/10, effective 11/7/10; 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.]

•	Modifying the livestock inspection exemption for private sales of unbranded, female, dairy breed cattle involving fifteen head or less. This modification would limit the inspection exemption to only producers with a valid Washington state department of agriculture milk producers license;
•	Requiring milk producers to develop, implement, and financially support an electronic transaction reporting system within eighteen months of the rule making effective date;
•	Requiring a certificate of permit and bill of sale to accompany any cattle presented for an inspection that are in the possession of the buyer;
•	Exempting unbranded dairy breed bull calves or free martins from inspection requirements when criteria are met; and
•	Reinstating livestock inspection fees for dairy calves delivered to a USDA inspected slaughter facility.

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.
	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)~~)) (4) 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)~~)) (5) 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)~~)) (6) 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)~~)) (7)(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)~~)) (8) 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.