DEPARTMENT OF AGRICULTURE

[Filed October 24, 2018, 8:09 a.m.]

Preproposal statement of inquiry was filed as WSR 18-17-172.

Title of Rule and Other Identifying Information: Chapter 16-54 WAC, Animal importation.

Hearing Location(s): On December 7, 2018, at 10:00 a.m., at the Department of Agriculture, Conference Room 238, 21 North First Avenue, Yakima, WA 98902; and on December 10, 2018, at 10:00 a.m., at the Department of Agriculture, Conference Room 259, 1111 Washington Street S.E., Olympia, WA 98504.

Date of Intended Adoption: December 31, 2018.

Submit Written Comments to: Henri Gonzales, Agency Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, email WSDARulesComments@agr.wa.gov, fax 360-902-2092, by 5:00 p.m., December 10, 2018.

Assistance for Persons with Disabilities: Contact Jodi Jones, animal services division, operations manager, phone 360-902-1889, fax 360-902-2087, TTY 800-833-6388, email jjones@agr.wa.gov, by December 3, 2018.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend chapter 16-54 WAC to align with recently enacted legislation to require a certificate of veterinary inspection for all livestock imported into a category two restricted holding facility.

Reasons Supporting Proposal: Currently, under chapter 16.36 RCW, it is unlawful for anyone to bring an animal into Washington state without first securing a certificate of veterinary inspection verifying that the animal meets Washington state animal health requirements except under two situations - if the animal is being delivered within twelve hours to a federally inspected slaughter plant or the animal is being delivered to a public livestock market for sale and subsequent delivery within twelve hours to a federally inspected slaughter plant. During the 2018 legislative session, the legislature passed SB 6369 (codified as RCW 16.36.140(1)). This legislation repealed a provision that allowed an exemption from obtaining a certificate of veterinary inspection for animals that are delivered to a feed lot for slaughter. This change was made to align state statute with federal regulations (9 C.F.R. Part 86) that require cattle to be accompanied by a certificate of veterinary inspection when moving interstate. The department is proposing to adopt the change made in RCW 16.36.140(1) and remove the certificate of veterinary inspection exemption.

Statutory Authority for Adoption: RCW 16.36.040.

Statute Being Implemented: Chapter 16.36 RCW.

Rule is necessary because of federal law, 9 C.F.R. Section 86.4.

Name of Proponent: Washington state department of agriculture, governmental.

Name of Agency Personnel Responsible for Drafting: Jodi Jones, 1111 Washington Street S.E., Olympia, WA 98504, 360-902-1889; Implementation: Dr. Brian Joseph, 1111 Washington Street S.E., Olympia, WA 98504, 360-902-1881; and Enforcement: John Price, 1111 Washington Street S.E., Olympia, WA 98504, 360-902-1946.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.061 because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Citation of the specific federal statute or regulation and description of the consequences to the state if the rule is not adopted: 9 C.F.R. Section 86.4, by not revising this rule to remove the exemption requiring a certificate of veterinary inspection for animals being delivered to a feedlot for slaughter the department is creating confusion to the industry by having rules that are inconsistent with federal regulations.

Is exempt under RCW 19.85.025(3) as the rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; and rule content is explicitly and specifically dictated by statute.

Is exempt under RCW 34.05.310 (4)(c) and (e).

Explanation of exemptions: This rule proposal adopts into rule changes made to RCW 16.36.140 that repealed an exemption for obtaining a certificate of veterinary inspections for animals delivered directly to a feedlot for slaughter. This revision falls under the exemption in RCW 34.05.310 (4)(c) and (e).

AMENDATORY SECTION(Amending WSR 16-23-108, filed 11/18/16, effective 12/19/16)

WAC 16-54-010Definitions.

In addition to the definitions found in RCW 16.36.005, the following definitions apply to this chapter:

"Accredited free state" means a state that has been determined by United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) to have a zero prevalence of cattle and bison herds affected with bovine tuberculosis as listed in Title 9 C.F.R. Part 77.7 (January 1, 2014).

"Approved veterinary laboratory" means a laboratory that has been approved by National Veterinary Services Laboratories or other USDA, APHIS-approved facility.

"Certificate of veterinary inspection" means a legible veterinary health inspection certificate on an official form (electronic or paper) from the state of origin or from USDA, APHIS executed by a licensed and accredited veterinarian or a veterinarian approved by USDA, APHIS. The certificate of veterinary inspection is also known as an "official health certificate."

"Class free and Class A, B, and C states" means states that are classified for brucellosis by USDA, APHIS in Title 9 C.F.R. Part 78.41 (January 1, 2014).

"Consigned" means to deliver for custody or sale.

"Dairy cattle" means all cattle, regardless of age or sex or current use, that are of a breed used to produce milk or other dairy products for human consumption including, but not limited to, Ayrshire, Brown Swiss, Holstein, Jersey, Guernsey, and Milking Shorthorn.

"Department" means the Washington state department of agriculture (WSDA).

"Director" means the director of WSDA or the director's authorized representative.

"Domestic bovine" means domesticated cattle, including bison.

"Domestic equine" means horses, donkeys, mules, ponies, and other animals in the Equidae family.

"Entry permit" means prior written permission issued by the director to admit or import animals or animal reproductive products into Washington state.

"Exotic animal" means species of animals that are not native to Washington state but exist elsewhere in the world in the wild state.

"Feral swine" means animals included in any of the following categories:

• Animals of the genus Sus that are free roaming on public or private lands and do not appear to be domesticated;

• Swine that have been released or born into the wild state;

• European wild hogs and their hybrid forms (also known as European wild boars or razorbacks), regardless of whether they are free roaming or kept in confinement; or

• Animals of the family Tayassuidae such as peccaries and javelinas, regardless of whether they are free roaming or kept in confinement.

"Immediate slaughter" means livestock will be delivered to a federally inspected slaughter facility within twelve hours of entry into Washington state.

"Mature vaccinate" means a female bovine over the age of twelve months that has been vaccinated, under directions issued by the state of origin, with a mature dose of brucellosis vaccine.

"Modified accredited state" means a state that has been determined by USDA, APHIS to have a prevalence of bovine tuberculosis of less than 0.1 percent of the total number of herds of cattle and bison as listed in Title 9 C.F.R. Part 77.11 (January 1, 2014).

"Movement permit" means an entry permit that is valid for six months and permits the entry of domestic equine into Washington state.

"NPIP" means the National Poultry Improvement Plan.

"Official brucellosis test" means the official test defined by Title 9 C.F.R. Part 78.1 (January 1, 2014).

"Official brucellosis vaccinate" means an official adult vaccinate or official calfhood vaccinate as defined by Title 9 C.F.R. Part 78.1 (January 1, 2014).

"Official individual identification" means identifying an animal using USDA-approved devices or methods, or an alternative form of identification agreed upon by the sending and receiving states, such as unique breed registry tattoos 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 recognized by the director when agreed upon by the sending and receiving states.

"Poultry" means chickens, turkeys, ratites, waterfowl, game birds, pigeons, doves, and other domestic fowl.

"Psittacine" means birds belonging to the family Psittacidae including, but not limited to, parrots, macaws, and parakeets.

(("Restricted feedlot" means a feedlot holding a permit issued under chapter 16-30 WAC.))

"Restricted holding facility" means an isolated area approved and licensed by the director under chapter 16-30 WAC, as advised by the state veterinarian.

"Stage I, II, III, IV, or V pseudorabies state" means states as classified by the Pseudorabies Eradication State-Federal-Industry Program Standards (November 1, 2003).

"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, APHIS" means the United States Department of Agriculture Animal and Plant Health Inspection Service.

"Virgin bull" means a sexually intact male bovine less than eighteen months of age, as determined by dentition inspection by an accredited veterinarian or verified by breed registration documents, that is confirmed by a statement and the signature of the owner or the owner's designee as having had no breeding contact with female cattle.

"Wild animals" is defined in RCW 77.08.010.

AMENDATORY SECTION(Amending WSR 16-23-108, filed 11/18/16, effective 12/19/16)

WAC 16-54-030Certificate of veterinary inspection, and entry permit requirements.

(1) All animals entering Washington state must comply with the requirements of USDA, APHIS regulations found at Title 9 C.F.R. (January 1, 2014) for movement or importation from foreign countries.

(2) Certificate of veterinary inspection:

(a) A certificate of veterinary inspection must accompany all animals entering Washington state, except where specifically exempted in this chapter. Certificates of veterinary inspection expire thirty days from the date of issuance.

(b) The certificate of veterinary inspection must show that all livestock listed have been examined and found in compliance with vaccination, testing and identification requirements under Title 9 C.F.R. Part 86 (January 1, 2014).

(c) Livestock entering Washington state for veterinary care or as part of a veterinary research project where there will be constant veterinary care or supervision for the duration of the time spent in Washington state are exempt from import test requirements and certificate of veterinary inspection requirements. An entry permit is required.

(d) Any exemption to the requirement for a certificate of veterinary inspection may be suspended during an emergency disease condition declared by the director.

(e) Unless an emergency rule is in effect, a certificate of veterinary inspection is not required for domestic bovine that ((are:

(i) Consigned to))will be delivered within twelve hours after entry into Washington state to:

(i) Federally inspected slaughter facilities for immediate slaughter; or

(ii) ((Consigned to))State-federal approved livestock markets for sale for immediate slaughter only; or

(iii) ((Consigned to))No more than one approved livestock market where import requirements can be met; or

(iv) ((Consigned to a category 2 restricted holding facility, unless originating from a state or country with less than free status; or

(v))) Cattle moving interstate from contiguous states on grazing permits, as long as testing and vaccination requirements are met, as required by each state veterinarian.

(3) Entry permit: An entry permit is required on:

(a) All domestic bovine (including Mexican cattle, Canadian cattle, and bison);

(b) Swine;

(d) Equine identified on a certificate similar to the Washington Equine Certificate of Veterinary Inspection and Movement Permit (form AGR-3027);

(e) Equine from states or countries where the diseases listed in WAC 16-54-071 have been diagnosed;

(f) Intact male equine that test positive to equine viral arteritis;

(g) Equine reproductive products from donors that test positive to equine viral arteritis; and

(h) Wild and exotic animals.

(4) Entry permits are granted at the discretion of the director and may be obtained from:

Washington State Department of Agriculture

Animal Services Division

1111 Washington Street S.E.

P.O. Box 42577

Olympia, Washington 98504-2577

Email: ahealth@agr.wa.gov

Phone: 360-902-1878.

AMENDATORY SECTION(Amending WSR 12-02-067, filed 1/3/12, effective 2/3/12)

WAC 16-54-031Physical address requirements.

(1) Certificate of veterinary inspection, entry permit, movement permit, and temporary grazing permits shall contain the destination physical address for animals entering Washington state except where specifically exempted in this section. For purposes of this section, a physical address is the actual street location of the destination.

(2) All animals must be transported and delivered directly to the physical address noted on the certificate of veterinary inspection, entry permit, movement permit, or temporary grazing permit.

(a) Animals shall not be diverted to any other physical address except for a temporary destination due to a medical emergency where the immediate health of the animal is in jeopardy. If a physical address destination change is necessary for a medical emergency, the notification requirements listed in subsection (3) of this section shall apply.

(b) Notification requirements listed in subsection (3) of this section will apply to category two restricted holding facilities, as defined in chapter 16-30 WAC, when ((cattle))livestock are not transported and delivered to the destination physical address as permitted on the original entry permit and noted on the certificate of veterinary inspection. Category two restricted holding facilities may only change the destination physical address as permitted on the original permit and certificate of veterinary inspection if the ((cattle))livestock will be transported and delivered to a lot of like status.

(3) Requirements for reporting changes to physical address destinations noted in subsection (2) of this section.

(a) Contact the department within twenty-four hours by phone at 360-902-1878 or by email at ahealth@agr.wa.gov.

(b) Report the official document number and the physical address to where the animal(s) was transported and delivered to.

(4) Failing to provide the required destination physical address or acceptable alternative per subsection (5)(a) of this section or diverting animals from the destination physical address may result in a civil penalty as authorized by RCW 16.36.113 and defined in chapter 16-90 WAC.

(5) Exemptions to destination physical address requirements.

(a) If the destination physical address cannot be determined due to no physical address assigned by the appropriate county jurisdiction or local emergency services, the following shall apply:

(i) Descriptive driving directions to the physical location of where the animal(s) is being transported and delivered to must be included on the certificate of veterinary inspection, entry permit, movement permit or temporary grazing permit; or

(ii) The global positioning system (GPS) coordinates of the physical location of where the animal(s) is being transported and delivered to must be included on the certificate of veterinary inspection, entry permit, movement permit or temporary grazing permit. GPS coordinates must contain two latitude or three longitude digits to the left of the decimal point and six digits to the right of the decimal point.

(b) Poultry, or other animals, that are permitted under this chapter and chapter 16.30 RCW and are approved by the United States Postal Service's (USPS) list of mailable live animals are exempt from the destination physical address requirement. For a list of mailable live animals, please visit http://pe.usps.com/text/pub52/pub52c5_007.htm.