WSR 16-16-115 PROPOSED RULES DEPARTMENT OF AGRICULTURE [Filed August 3, 2016, 7:17 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-11-093.
Title of Rule and Other Identifying Information: Chapter 16-610 WAC, Livestock brand inspection.
Hearing Location(s): Department of Agriculture (WSDA), Conference Room 259, 1111 Washington Street S.E., Olympia, WA 98501, on September 12, 2016, at 11:00 a.m.; and at WSDA, Conference Room 238, 21 North First Avenue, Yakima, WA 98902, on September 19, 2016, at 11:00 a.m.
Date of Intended Adoption: October 7, 2016.
Submit Written Comments to: Henri Gonzales, P.O. Box 42560, Olympia, WA 98504-2560, e-mail WSDARulesComments@agr.wa.gov, fax (360) 902-2092, by 5:00 p.m., September 19, 2016.
Assistance for Persons with Disabilities: Contact WSDA receptionist by September 2, 2016, 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 to:
Reasons Supporting Proposal: Increasing the certificate of permit fee will align the costs associated with printing and distributing the books.
Veterinarians that are certified to issue livestock inspection certificates are acting on behalf of the department's livestock inspection program and to ensure integrity and accuracy of those certificates it is imperative that the veterinarians understand the regulations and process.
Due to nonuse of the equine bill of sale books, the department is proposing to eliminate the printing of the books. A sample equine bill of sale will be available on the department's web site at no cost.
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, Implementation, and Enforcement: Kris Budde, Olympia, (509) 994-3345.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
Small Business Economic Impact Statement
SUMMARY OF PROPOSED RULES: WSDA's livestock inspection program is proposing to amend chapter 16-610 WAC.
The purpose of this chapter is to promote the economic vitality of the livestock industry by minimizing exposure to animal diseases and providing owner asset protection through ownership inspections and livestock identification at state, national, and international levels. One of the ways the department accomplishes this is by requiring a certificate of permit (COP) to accompany all livestock in transit in the state; consigned to a public livestock market, special sale or livestock processing facility; or upon entry into a certified feedlot. The COP documents the owner of the livestock and other identifying information specific to the livestock being transported.
The proposed key amendment to this chapter increases the COP fee from $1.00 per book of twenty-five to $5.00 per book of twenty-five. The department is proposing to increase the COP fee in order to recoup the actual printing and distribution costs.
In addition, the department is proposing to:
SMALL BUSINESS ECONOMIC IMPACT STATEMENT (SBEIS): Chapter 19.85 RCW, the Regulatory Fairness Act, requires an analysis of the economic impact proposed rules will have on regulated businesses. Preparation of an SBEIS is required when proposed rules will impose more than minor costs on businesses.
"Minor cost" means a cost that is less than one percent of annual payroll or the greater of either .3 percent of annual revenue or $100.
"Small business" means any business entity that is owned and operated independently from all other businesses and has fifty or fewer employees.
INDUSTRY ANALYSIS: The proposed rule impacts licensed brand holders, licensed dairies, livestock dealers, sale yards, public livestock markets, feed lots, horse owners, and veterinarians.
Currently, the department requires anyone selling horses to complete an equine bill of sale form to track ownership. The proposal provides the option of documenting horse transactions on any type of bill of sale type form. Individuals that wish to continue to use the department's form may access it free of charge on the internet rather than purchase the form in a book of twenty-five. This will decrease costs to anyone selling horses.
Veterinarians that want to offer livestock inspection certificates to their clients must be certified by the department. In order to become certified, a veterinarian must successfully complete department-provided training that includes reading printed brands, reading brands or other marks on animals, completion of official documents, and reviewing ownership documents. The proposal simply clarifies in rule that "successfully" completing the required training means that the veterinarian must pass a written exam. This rule clarification does not negatively impact veterinarians since it is already standard practice to require a passing score on the written exam.
In order to determine the economic impact of the proposal to increase the certificate of permit fee from $1.00 for a book of twenty-five to $5.00 for a book of twenty-five, the department conducted a survey. The department has analyzed the survey results and determined that costs are more than minor for two of the businesses that responded.
INVOLVEMENT OF SMALL BUSINESSES: Small businesses have been involved in writing the proposed rules and in providing the department with the expected costs associated with the changes. Program staff met with the livestock identification advisory board to discuss the proposed rule amendments on May 19, 2016, and again on June 20, 2016. The livestock identification advisory board represents meat processors, horse industry, cattle feeding industry, public livestock markets, dairy producers, and beef producers. The department also added articles in the Ketch Pen (a publication targeting the cattle industry) and the Trail Dust (a publication distributed by the Cattle Producers of Washington) communicating the proposed rule amendments.
On June 27, 2016, the department sent a postcard survey to approximately six thousand one hundred one licensed brand holders, licensed dairies, livestock dealers, sale yards, public livestock markets, and feedlots to determine how the proposal to increase the COP fee from $1.00 per book of twenty-five to $5.00 per book of twenty-five would impact them. The survey instructed recipients to complete an online survey through Survey Monkey or to contact a staff person directly to provide data. Sixty-two businesses responded to the survey – all of whom were small businesses.
COST OF COMPLIANCE: RCW 19.85.040 directs agencies to analyze the costs of compliance for businesses required to comply with the proposed rule. In order for the costs to exceed $100, a business would need to purchase more than twenty books. Each book contains twenty-five certificates of permit and multiple cattle can be shipped under a single permit. Of the businesses surveyed, only two businesses indicated that they would need to purchase more than twenty books during a twelve month time period. It is our understanding that businesses that normally purchase more than twenty books are haulers or public livestock markets that voluntarily purchase the COP books to give out as a convenience to their customers either free-of-charge or for a fee.
JOBS CREATED OR LOST: Under RCW 19.85.040, agencies must provide an estimate of the number of jobs that will be created or lost as the result of compliance with the proposed rules. In collecting information from representative small businesses through a survey the program estimates that there will be no jobs lost as a result of small businesses complying with the rules.
DISPROPORTIONATE IMPACT TO SMALL BUSINESSES: RCW 19.85.040 directs agencies to determine whether the proposed rule will have a disproportionate cost impact on small businesses by comparing the cost of compliance for small business with the cost of compliance for the ten percent of the largest businesses required to comply with the proposed rules.
All businesses that responded to the survey had fifty or fewer employees and therefore are considered small businesses under RCW 19.85.020. There are no large businesses impacted by the proposed rule amendment. Since there are no large businesses impacted by the amendments, there is not a disproportionate impact between large and small businesses.
CONCLUSION: To comply with chapter 19.85 RCW, the Regulatory Fairness Act, the livestock identification program has analyzed the economic impact of the proposed rules on small businesses and has determined that only a very small percent of small businesses will incur more than minor costs.
Please contact Kris Budde if you have any questions by phone (509) 994-3345 or e-mail kbudde@agr.wa.gov.
A copy of the statement may be obtained by contacting Jodi Jones, P.O. Box 42577, Olympia, WA 98504-2577, phone (360) 902-1889, fax (360) 902-2087, e-mail jjones@agr.wa.gov.
A cost-benefit analysis is not required under RCW 34.05.328. WSDA is not a listed agency in RCW 34.05.328 (5)(a)(i).
August 3, 2016
Lynn N. Briscoe
Assistant Director
AMENDATORY SECTION (Amending WSR 07-14-057, filed 6/28/07, effective 7/29/07)
WAC 16-610-015 Certificate of permit.
(1) A certificate of permit (WSDA form #7020), commonly known as a "transportation permit" or a "haul slip," must accompany livestock:
(a) In transit (cattle);
(b) Consigned to a public livestock market, special sale, or livestock processing facility; or
(c) Upon entry into a certified feedlot (cattle).
(2) The certificate of permit may not be used as a bill of sale for cattle.
(3) A certificate of permit may be purchased by contacting the department at 360-902-1855 or livestockid@agr.wa.gov. The price is $((1.00)) 5.00 for a book of twenty-five.
(4) The certificate of permit must include:
(a) Owner's name and address;
(b) Livestock breed;
(c) Sex of the animal;
(d) Brand or other methods of livestock identification; and
(e) Any other information that the director considers necessary.
AMENDATORY SECTION (Amending WSR 10-21-016, filed 10/7/10, effective 11/7/10)
WAC 16-610-018 Proof of ownership documents.
(1) Proof of ownership for cattle and horses may be established at the time of a livestock inspection by presenting one of the following documents:
(a) An official livestock inspection certificate issued by the director.
(b) A duplicate certificate or certified copy of an original inspection document issued by the director.
(c) For cattle only, a self-inspection certificate completed prior to June 10, 2010, and any other information required in WAC 16-610-016.
(d) An official inspection certificate issued by another state or province that maintains a livestock inspection program.
(e) Registration papers on purebred horses.
(f) Registration papers on purebred cattle if the brand is not recorded in this state.
(g) For horses only, a bill of sale. ((Department form #7092 Equine Bill of Sale may be used and may be purchased by contacting the department at 360-902-1855. The purchase price of an Equine Bill of Sale is $1.00 for a book of twenty-five.)) A sample equine bill of sale is available by accessing the department's web site at http://agr.wa.gov/FoodAnimal/Livestock/.
(h) A certificate of veterinary inspection issued by a state that does not maintain a livestock inspection program. Vaccination/test tags and the animal description must be verifiable and match the document.
(2) Only original inspection certificates, official duplicate certificates, or certified copies of inspection certificates are acceptable. The name of the livestock owner must appear on the document that is submitted. Carbon copies, faxed copies or photocopies will not be accepted except for registration papers on purebred livestock.
AMENDATORY SECTION (Amending WSR 10-21-016, filed 10/7/10, effective 11/7/10)
WAC 16-610-060 Veterinarian certification.
(1) The director may certify veterinarians, who are licensed and accredited in Washington state and who comply with the requirements of this section, to issue livestock inspection certificates.
(2) Veterinarians licensed and accredited in Washington state who wish to issue inspection certificates for livestock must apply for certification on the department's application form (WSDA form #7028). The application must include the following:
(a) The full name and principal business address of the individual applying for certification;
(b) The applicant's Washington state veterinary license number;
(c) The geographic area in which the applicant will issue inspection certificates for livestock;
(d) A statement describing the applicant's experience with large animals, especially cattle and horses;
(e) A brief statement indicating that the applicant is requesting certification to issue inspection certificates for cattle, horses or both;
(f) The signature of the applicant; and
(g) Any other additional information as requested by the director.
(3) All applications must be accompanied by a check or money order for the amount of the certification fee of thirty-five dollars per applicant.
(4) Certifications expire on the third December 31st following the date of issuance. For example, if a certificate was issued on October 14, 2003, it would expire on December 31, 2005. All applications for renewal of certification must be submitted on AGR Form 930-7089 and accompanied by a check or money order for the amount of the certification fee of thirty-five dollars per applicant.
(5) All veterinarians applying for certification or renewal of certification must ((successfully)) complete department-provided training and pass a written test with no less than a score of ninety percent. The department will provide to each person applying for certification or renewal of certification a copy of the most current brand book and any supplements issued to date. Training will include, but will not be limited to, the:
(a) Reading of printed brands;
(b) Reading of brands or other marks on animals;
(c) Completion of official documents; and
(d) Review of satisfactory ownership documents.
(6) The director will maintain a list of veterinarians certified to perform livestock inspections. Interested parties may request a copy of the list ((from)) by contacting the department ((by calling)) at 360-902-1855 or livestockid@agr.wa.gov.
(7) Inspections by certified veterinarians are conducted upon request and provided at the discretion of the veterinarian.
(8) Certified veterinarians must submit all required inspection fees to the director and copies of each inspection certificate within thirty days of the date of issue.
(9) The director may deny certification or renewal of certification to issue inspection certificates if the veterinarian fails to meet the requirements of this section or knowingly makes false or inaccurate statements regarding his or her qualifications on the certification application.
AMENDATORY SECTION (Amending WSR 10-21-016, filed 10/7/10, effective 11/7/10)
WAC 16-610-066 Replacement copies of brand inspection documents.
(1) Individuals can request replacement copies of inspection documents issued by the director which are held by the department.
(2) All requests for replacement copies will be submitted on AGR Form 930-7093 to the department. This form is available on the department's web site at http://agr.wa.gov/FoodAnimal/Livestock/.
(3) A twenty-five dollar fee will be charged per document for replacement copies and must accompany the form.
(4) Replacement copies will only be issued to a requestor whose name appears as the buyer, seller, or owner on the document being requested.
AMENDATORY SECTION (Amending WSR 07-14-057, filed 6/28/07, effective 7/29/07)
WAC 16-610-085 Production brands.
(1) Before a production brand may be used in Washington state, it must be recorded with the director according to the provisions of chapter 16.57 RCW and in the same manner as an ownership brand.
(2) Forms to record a brand may be obtained ((from the director)) by contacting the department at 360-902-1855, e-mailing livestockid@agr.wa.gov or accessing the department's web site at http://agr.wa.gov/FoodAnimal/Livestock/.
(3) The director will not charge a fee to record a production brand if the person recording the brand has already paid to record an ownership brand.
(4) Production brands are not recognized for ownership purposes, recorded for ownership purposes, or accepted for livestock inspection purposes.
(5) Dairy cattle: Owners may use any digit or combination of digits as a production brand to identify their dairy cattle as long as the brand is located on the neck or between the hock and the stifle of a hind leg.
(6) Beef cattle: Owners may use a production brand to identify beef cattle but only when the cattle also bear a brand that is currently recorded to the owner of the animal.
(a) On beef cattle, production brands may be located on either side of the animal on the shoulder or hip.
(b) Any numeral digit or combination of digits may be used for a beef cattle production brand as long as they do not conflict with currently recorded ownership brands.
(7) Only Arabic numerals can be used for production brands.
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