WSR 15-02-028
PERMANENT RULES
DEPARTMENT OF AGRICULTURE
[Filed December 30, 2014, 9:15 a.m., effective January 30, 2015]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department proposed to amend chapter 16-86 WAC to:
Modify the virgin bull definition;
Modify the official individual identification definition;
Increase the bovine tuberculosis testing requirement from thirty days to sixty days for raw milk dairies who introduce new animals into their herd; and
Add castration to the list of options for bulls of unknown origin or unknown breeding history that are offered for sale at a livestock market.
Citation of Existing Rules Affected by this Order: Amending WAC 16-86-005, 16-86-115, and 16-86-140.
Statutory Authority for Adoption: RCW 16.36.040.
Other Authority: Chapter 34.05 RCW.
Adopted under notice filed as WSR 14-21-163 on October 22, 2014.
Changes Other than Editing from Proposed to Adopted Version: The department proposed amending the virgin bull definition within WAC 16-86-005 to include allowing bulls that were less than eighteen months of age and that had no breeding contact with female bovines and originated from a herd where all bulls had tested negative by a quantitative polymerase chain reaction (qPCR) test to trichomoniasis every year for the past three years. The department will not be adopting this proposal.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 3, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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 12-21-009, filed 10/5/12, effective 11/5/12)
WAC 16-86-005 Definitions.
In addition to the definitions found in RCW 16.36.005, the following definitions apply to this chapter:
"Accredited veterinarian" means a veterinarian licensed to practice veterinary medicine, surgery, and dentistry in the state of Washington and approved by the United States Department of Agriculture (USDA) Veterinary Services to participate in state-federal cooperative programs.
"Adult vaccination tattoo" means a tattoo in the right ear with the letters RAV followed by the last digit of the year in which the vaccination was administered with RB-51 Brucella vaccine. An example is RAV2 for an adult vaccinated in 2012.
"Breed registry tattoo" means individual registry tattoos issued by breed associations.
"Brucellosis vaccine" means only those Brucella abortus products that are approved by and produced under license of the USDA for injection into cattle to enhance their resistance to brucellosis.
"Calfhood vaccination tattoo" means a tattoo in the right ear consisting of an R, the United States registered V-shield, and the last digit of the year in which the animal was vaccinated with RB-51 Brucella vaccine. An example is RV-shield2 for a calf vaccinated in 2012.
"Department" means the Washington state department of agriculture (WSDA).
"Director" means the director of WSDA or the director's authorized representative.
"Herd plan" means a written management agreement between the animal owner and the state veterinarian, with possible input from a private accredited veterinarian designated by the owner, in which each participant agrees to undertake actions specified in the herd plan to control the spread of infectious, contagious, or communicable disease within and from an infected herd and to work toward eradicating the disease in the infected herd.
"Official calfhood vaccinate" means female cattle between four and twelve months of age that are vaccinated with brucellosis vaccine at a calfhood dose (2cc subcutaneously) and officially individually identified.
"Official individual identification" means identifying an animal ((or group of animals)) using USDA-approved ((or WSDA-approved)) devices or methods ((including, but not limited to, official tags,)) or an alternative form of identification agreed upon by the sending and receiving states, such as unique breed registry tattoos((, and)) when accompanied by registration documentation. A group of animals may be identified by registered brands when accompanied by a certificate of inspection from a brand inspection authority ((who is)) recognized by the director((. If a radio frequency identification device is used for identification, the device must be placed in the left ear. The official tattoo must be placed in the middle third of the right ear)) when agreed upon by the sending and receiving states.
"Official Washington adult vaccinate" means female cattle over the age of twelve months that have resided in Washington state for ninety days or more and are vaccinated with a dose of brucellosis vaccine (2cc subcutaneously) under directions issued by the director.
"Premises" means a location where livestock are kept.
"Timed events" means competitive events that take place where time elapsed is the factor that determines the placing of individuals competing in the event.
"USDA" means the United States Department of Agriculture.
"Virgin bull" means a sexually intact male bovine less than eight hundred pounds and less than twelve months of age, as determined by dentition inspection by an accredited veterinarian. Virgin bulls must be certified by the owner or the owner's designee with a signed statement as having had no breeding contact with female cattle.
AMENDATORY SECTION (Amending WSR 10-20-093, filed 9/30/10, effective 10/31/10)
WAC 16-86-115 Trichomoniasis in Washington cattle.
(1) Any sexually intact bovine, except for bison, that is found test-positive for trichomoniasis, and any herd in which one or more bulls or cows are found test-positive for trichomoniasis, is considered infected. Test-positive means a positive result on a quantitative polymerase chain reaction (qPCR) test for trichomoniasis.
(2) In the case of infected sexually intact bovine, the herd shall be quarantined pending an epidemiological investigation to determine the source of the infection.
(3) All exposed herds will be identified by an accredited veterinarian in conjunction with the department. An exposed herd is defined as a cattle herd which has had, within the past twelve months, direct commingling or cross-fence contact with an infected herd during a time of potential breeding activity. The owner of exposed herds will be notified of the possible exposure and requested to test the herd using a qPCR test. All testing will be at the owner's expense.
(4)(a) Infected bulls will be quarantined and branded high on the tail head by the department with a USDA regulatory S-brand, and will not be used for breeding.
(b) Infected bulls must be slaughtered, sold for slaughter, sent to a restricted feedlot, or to a category 2 restricted holding facility to remain in slaughter channels. Infected bulls shall only be moved when accompanied by a USDA form VS 1-27.
(c) Bulls of unknown origin or unknown breeding history offered for sale at a livestock market must be:
(i) Castrated prior to leaving the market; or
(ii) Tested negative for trichomoniasis by a qPCR test before being turned out with breeding stock; or ((must be))
(iii) Sold for slaughter((,)); or
(iv) Sent to ((a restricted feedlot, or to)) a category 2 restricted holding facility to remain in slaughter channels.
(d) A nonpregnant female, with no calf at side, which is identified by the owner as being from an infected herd and is offered for sale at a livestock market, must remain in slaughter channels.
(5) The quarantine will be removed when all remaining bulls in the herd test negative to a second qPCR test for trichomoniasis and following proof of removal of infected bulls. Bulls must have a minimum of two negative qPCR tests at least one week apart for quarantine release. All bulls from infected herds, except virgin bulls, will be tested using a qPCR test the following trich-year before breeding. A trich-year means the period from September 1st to August 31st of any given year. Bulls from infected herds may not have to be tested the following trich-year if a herd plan has been approved by the state veterinarian.
(6) Information that cattle have tested positive for trichomoniasis may be supplied to county extension agents, accredited veterinarians, and industry representatives. Each month, the department may publish a press release of counties that have infected herds.
AMENDATORY SECTION (Amending WSR 08-01-094, filed 12/17/07, effective 1/17/08)
WAC 16-86-140 Tuberculosis testing requirements for raw milk dairies.
(1) All cattle whose raw milk or raw milk products are offered for sale must be from a herd that has tested negative for tuberculosis within the previous twelve months.
(2) Any additions to the herd must be tested negative for tuberculosis at the owner's expense within ((thirty)) sixty days before introduction into the herd.
(3) Herds must be tested negative annually at the owner's expense to maintain the dairy's raw milk license.
(4) The state veterinarian shall direct all testing procedures in accordance with state and federal standards for animal disease eradication.
(5) All raw milk and raw milk products from animals that test positive for tuberculosis are prohibited from sale and must be destroyed.