WSR 15-02-026
PERMANENT RULES
DEPARTMENT OF AGRICULTURE
[Filed December 30, 2014, 9:14 a.m., effective July 1, 2015]
Effective Date of Rule: July 1, 2015.
Purpose: The department proposed to amend chapter 16-610 WAC to:
Eliminate the livestock inspection exemption for private sales of unbranded, female, dairy breed cattle involving fifteen head or less;
Clarify the need for a certificate of permit to accompany transactions involving cattle not being moved out-of-state when presented for an inspection by the buyer;
Develop an electronic livestock movement reporting system for milk producers licensed under chapter 15.36 RCW by establishing (1) criteria for utilizing the system, (2) fees to support the system, and (3) conditions of licensure; and
Add the reference for the animal disease traceability fee to the cost of custom slaughter beef tags.
Citation of Existing Rules Affected by this Order: Amending WAC 16-610-020 and 16-610-100.
Statutory Authority for Adoption: RCW 16.57.350.
Other Authority: Chapter 34.05 RCW.
Adopted under notice filed as WSR 14-21-166 on October 22, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 30, 2014.
Don R. Hover
Director
AMENDATORY SECTION (Amending WSR 10-21-016, filed 10/7/10, effective 11/7/10)
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 and accompanied by a certificate of permit. 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.
(c) Until the earlier of January 1, 2016, or the date of notice that an electronic livestock movement reporting system is available for use, individual private sales of unbranded female dairy breed cattle involving fifteen head or less are exempt from the inspection requirement.
(4) Exemptions from mandatory inspections do not exempt cattle owners or sellers from paying beef promotion fees owed to the Washington state beef commission under chapter 16.67 RCW or the animal disease traceability fee owed to the department under chapter 16.36 RCW.
AMENDATORY SECTION (Amending WSR 07-14-057, filed 6/28/07, effective 7/29/07)
WAC 16-610-100 Identification of custom slaughtered animals.
(1) Any person presenting cattle for slaughter to a licensed custom slaughterer must give the custom slaughterer a completed certificate of permit. The certificate of permit documents the ownership of the animal at the time of slaughter.
(2) Any person licensed as a custom slaughterer must complete and attach a custom slaughter beef tag to each of the four quarters of all slaughtered cattle that are handled. In order to identify the owner of the carcass, these tags must remain attached to the quarters until the carcass is processed and the quarters are cut and wrapped.
(3) Only the department may provide custom slaughter beef tags to custom slaughterers. The fee for each set of four custom slaughter beef tags is one dollar and fifty cents plus the animal disease traceability fee owed to the department under chapter 16.36 RCW.
(4)(a) Custom meat facilities may accept carcasses of cattle slaughtered by the cattle owner only if a certificate of permit, signed by the owner, accompanies the carcass.
(b) Without a certificate of permit signed by the owner, custom meat facilities can only accept carcasses from mobile or fixed location custom farm slaughterers or officially inspected slaughter plants.