WSR 16-19-097 PROPOSED RULES DEPARTMENT OF AGRICULTURE [Filed September 21, 2016, 8:19 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-15-092.
Title of Rule and Other Identifying Information: Chapter 16-29 WAC, Animal disease traceability.
Hearing Location(s): Department of Agriculture, Conference Room 238, 21 North First Avenue, Yakima, WA 98902, on October 26, 2016, at 11:00 a.m.; and at the Department of Agriculture, Conference Room 259, 1111 Washington Street S.E., Olympia, WA 98504, on October 27, 2016, at 10:00 a.m.
Date of Intended Adoption: November 18, 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., October 27, 2016.
Assistance for Persons with Disabilities: Contact the Washington state department of agriculture (WSDA) receptionist by October 17, 2016, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend chapter 16-29 WAC to:
Reasons Supporting Proposal: Proposed amendments provide clarity to slaughter facilities on data that must be reported and penalties associated with reporting violations. Proposed amendments also include the addition of an alternative for reporting; this will allow slaughter facilities another option if conditions are met.
Statute Being Implemented: Chapter 16.36 RCW.
Rule is not necessitated by federal law, federal or state court decision. Title 9 Code of Federal Regulations.
Name of Proponent: WSDA, governmental.
Name of Agency Personnel Responsible for Drafting: David Hecimovich, Olympia, (360) 725-5493; Implementation: Dr. Scott Haskell, Olympia, (360) 725-5493; and Enforcement: David Bangart, Olympia, (360) 902-1946.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The clarifying portions of the proposed rule meet the exemption in RCW 19.85.025(3)/34.05.310 (4)(d), it adds clarifying language of a rule without changing its effect.
The added alternative to reporting when certain conditions are met is an option rather than a requirement on businesses. The alternative to reporting will decrease the reporting required for certain businesses. It does not impose more than minor costs on any business.
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).
September 21, 2016
Lynn M. Briscoe
Assistant Director
AMENDATORY SECTION (Amending WSR 15-02-024, filed 12/30/14, effective 7/1/15)
WAC 16-29-015 Levy and collection of assessment.
(1) An assessment of $0.23 per head is levied on all cattle sold or slaughtered in the state or transported out of the state except for:
(a) An assessment of $0.05 per head is levied on all immediate slaughter cattle.
(b) No assessment is paid on cattle slaughtered and retained by the owner for personal consumption.
(2) Collection of assessments will be collected in the same manner as the livestock inspection fees under RCW 16.57.223 and 16.65.090 except for subsection (1)(a) of this section. For immediate slaughter cattle or cattle originating from a certified feedlot, the assessments will be collected by the slaughter facility and remitted to the department by the fifteenth day of the month following the month the transaction occurred.
((In addition to the assessment collected by the slaughter facility, the slaughter facility shall furnish the department a list of all cattle slaughtered during any given month.))
(3) Assessments owed from private individual sales, trades, gifting, barter, or any other action that constitutes a change of ownership of livestock per WAC 16-610-020(3), not occurring at a public livestock market or special sale licensed under chapters 16.65 RCW and 16-610 WAC or a slaughter facility, will be collected:
(a) When a change of ownership livestock inspection is conducted or when the transaction is reported through an electronic livestock movement reporting system per chapter 16-610 WAC.
(b) When utilizing the "green tag" as provided in RCW 16.57.160(3). The assessment will be added to the purchase price of each tag.
(4) Assessments are collected at a federally inspected slaughter facility when:
(a) Cattle are sold and slaughtered concurrently. This is considered a one assessment event and one fee shall be collected per head from the seller.
(b) Cattle originate from a certified feedlot licensed under chapter 16.58 RCW. The assessments will be collected by the slaughter facility and remitted to the department by the fifteenth day of the month following the month the transaction occurred.
(c) Cattle are slaughtered and no change of ownership has occurred, the per head fee shall be collected from the owner of the animal.
(5) Collection of assessments for custom slaughtering occurs when utilizing custom slaughter beef tags per WAC 16-610-100. The assessment will be added to the purchase price of each tag.
(6) Collection of assessments at public livestock markets and special sales licensed under chapter 16.65 RCW will be considered one assessment event, charged to the seller, when:
(a) Cattle are purchased and destined to an out-of-state location by the buyer.
(b) Cattle are purchased and destined for slaughter to an in-state federally inspected slaughter facility.
(7) When Washington origin cattle are transported for sale to an out-of-state market where the director conducts inspections of Washington origin cattle by agreement with the host state, it shall be considered one assessment event and one fee shall be collected per head from the Washington seller.
(8) Collection of assessments for out-of-state movement occurs when:
(a) Cattle are purchased and destined to an out-of-state location by the buyer. This is considered a one assessment event and one fee shall be collected per head from the seller.
(b) Cattle are moving out-of-state with no change of ownership.
NEW SECTION
WAC 16-29-017 Reporting requirements.
(1) Slaughter facilities shall furnish the department a report of all cattle slaughtered by individual consignment. The report is due by the fifteenth day of the month following the month the transaction occurred. The report must include:
(a) Slaughter date;
(b) Number of head slaughtered;
(c) Type: Beef, dairy, or condemned;
(d) Sex;
(e) Name of owner/seller;
(f) State of origin; and
(g) Any other information the director deems necessary.
(2) As an alternative to the report described in subsection (1) of this section, the department will accept a completed affidavit (AGR Form 402-3093) only when the following conditions are met:
(a) All USDA inspected cattle slaughtered during the month were inspected by either a department livestock inspector or a department certified accredited veterinarian approved to conduct livestock inspections;
(b) No out-of-state cattle were slaughtered during the month; and
(c) No cattle originating from a department certified feedlot were slaughtered during the month.
(3) The report or affidavit may be submitted to the department by e-mail to adtwa@agr.wa.gov, by fax to 360-902-2087, or by mail to Washington State Department of Agriculture, Animal Disease Traceability Program, P.O. Box 42577, Olympia, Washington 98504-2577.
AMENDATORY SECTION (Amending WSR 15-02-024, filed 12/30/14, effective 7/1/15)
WAC 16-29-025 Penalty outline and schedule.
(1) If any person fails to comply with the requirements of RCW 16.36.150 ((and this chapter)), the director may issue that person a notice of infraction and may assess a penalty.
(2) Each violation is a separate and distinct offense. Penalties may be assessed per violation or per head.
(3) The following is the base penalty, not including statutory assessments.
(4) If any person fails to comply with the reporting requirements described in WAC 16-29-017, the penalties will be assessed according to chapter 16-90 WAC.
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