((RESTRICTED FEEDLOTS AND)) RESTRICTED HOLDING FACILITIES

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

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

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

"Official individual identification" means ((identifying an animal or group of animals using devices or methods including, but not limited to, official tags, tattoos, and registered brands when accompanied by a certificate of brand inspection from a brand inspection authority who is recognized by the director))official United States Department of Agriculture (USDA) approved individual identification tag.

"Restricted animals" means animals being held in a restricted holding facility ((or a restricted feedlot)).

(1) Restricted holding facilities are isolated areas approved and licensed by the director, as advised by the state veterinarian. Fees associated with restricted holding facilities are referenced under chapter 16-91 WAC.

(2) There are three categories of restricted holding facilities.

(a) A category 1 restricted holding facility is a facility where imported animals are held in quarantine until they meet animal health import requirements prior to movement.

(b) A category 2 restricted holding facility is a ((dry feed yard with no provision for grazing where cattle that have been imported into the state and are))feed yard where livestock are fed and destined for slaughter only. Livestock are confined for feeding((. Cattle))as designated by a diagram of the restricted holding facility per WAC 16-30-039 (2)(c). Livestock in a category 2 restricted holding facility must remain in slaughter channels and move only to a federally inspected slaughter plant or other restricted facilities of like status.

(c) A category 3 restricted holding facility is a holding facility for permanently quarantined animals.

(1) The following requirements are applicable to all categories of restricted holding facilities:

(a) The restricted holding facility area shall house restricted animals separate and apart from all other nonrestricted animals. There may be no contact between animals not also similarly restricted and no commingling between separate shipments of animals.

(b) The restricted holding facility will be maintained in a sanitary condition to mitigate disease risk.

(c) The ((department of agriculture))state veterinarian will be notified immediately of any outbreak of any infectious or contagious disease or of any significant morbidity/mortality event.

(d) Milk from restricted animals may not be used for human consumption.

(e) Restricted holding facilities must be clearly identified as such by signs permanently affixed at all corners stating "restricted holding facility" in letters a minimum of six inches in height.

(f) The disposition of dead animals will be in accordance with the laws relating to the disposal of dead livestock and in accordance with chapter 16-25 WAC.

(g) Accurate records will be kept for six years to account for all animals entering and leaving the restricted holding facility. Records must be open for review by authorized department of agriculture personnel during normal business hours, and must be provided to the department upon the director's or state veterinarian's request.

(h) The state veterinarian has the authority to enter the restricted holding facility at any reasonable time to conduct tests, examinations, and inspections.

(2) Additional requirements for a category ((1))one restricted holding facility. In addition to the requirements of subsection (1) of this section for all types of restricted holding facilities, the operator of a category ((1))one restricted holding facility must abide by the following conditions:

(a) All animals entering a category ((1))one restricted holding facility must have official individual identification listed on the certificate of veterinary inspection.

(b) No animals may be removed from the category ((1))one restricted holding facility until they meet state and federal import regulations.

(c) The state veterinarian must be notified when animals in a category one restricted holding facility have met state and federal import regulations by submitting animal testing and vaccination records prior to movement of the animal.

(d) Animals may be removed from the restricted holding facility without meeting state and federal import regulations if they are sent to a federally inspected slaughter ((establishment))plant and have not commingled with any other animals not also similarly restricted. Category one restricted holding facilities must report to the state veterinarian the official individual identification of any animals that move out of the facility to a federally inspected slaughter plant or to a category two restricted holding facility prior to movement of the animals. Animals that have commingled with others not also similarly restricted will be quarantined and must be tested negative for disease as determined by the state veterinarian within thirty days before being released from the holding facility.

(3) Additional requirements for a category ((2))two restricted holding facility. In addition to the requirements of subsection (1) of this section for all types of restricted holding facilities, the operator of a category ((2))two restricted holding facility must abide by the following conditions:

(a) All livestock that enter Washington state destined to a category two restricted holding facility must enter with a certificate of veterinary inspection that includes the entry permit number.

(e) There may be no contact between ((cattle))livestock not also similarly restricted.

(((b) Cattle))(f) Livestock may be removed from the restricted holding facility without meeting state and federal import regulations if they are sent immediately to a federally inspected slaughter plant((.

(c)))or moved to a facility of like status. Category two restricted holding facilities that move livestock to a facility of like status must report to the state veterinarian the number of livestock being moved, the official individual identification if applicable, the date the livestock will be moved, and the physical address of where the livestock will be moving to, prior to movement of the livestock.

(h) There must be a minimum of thirty feet between the restricted holding facility and other lots and facilities.

(((d)))(i) No common fences and gates may be used.

(((e) Cattle))(j) Livestock in the restricted holding facility must not share water or feeding facilities accessible to other areas.

(((f)))(k) The state veterinarian will conduct at least two and up to four random, unannounced audits during each licensing period. The audits will consist of a physical inspection. The licensee is also required to periodically confirm with the department ((cattle))livestock shipments identified on state ((import))entry permits and certificate of veterinary inspections as destined to the restricted holding facility by telephone or email. The rate for audits is established in WAC 16-91-040, but the total amount charged per licensed restricted holding facility shall not exceed one thousand five hundred dollars in a calendar year.

(((g) (f) of this subsection))(l) Subsection (3)(k) of this section shall not limit the number of inspections necessary to investigate potential violations or limit the number of inspections or total amount charged to ensure compliance after a violation is found. Category ((2))two restricted holding facilities that have been found to be in violation of animal health or import regulations may be charged for audits and inspections in excess of the one thousand five hundred dollar limit in (((f)))(k) of this subsection. This section shall not limit the department from charging the time and mileage fee for inspecting livestock and related records during an investigation of a proven violation of ((section 3, chapter 66, Laws of 2010))RCW 16.36.140.

(4) Additional requirements for category ((3))three restricted holding facilities. In addition to the requirements of subsection (1) of this section for all types of restricted holding facilities, the operator of a category ((3))three restricted holding facility must abide by the following conditions:

(a) The operator of a category ((3))three restricted holding facility must abide by quarantine conditions set forth by the state veterinarian.

(b) Accurate records will be kept accounting for all animals entering the category ((3))three restricted holding facility for the length of the quarantine.

(c) An animal in a category ((3))three restricted holding facility may be legally removed from the facility only upon the animal's death or if the animal is moved from the location by permit from the state veterinarian's office on a United States Department of Agriculture VS form 1-27 for the movement of restricted or quarantined animals to another category ((3))three restricted holding facility.

(d) If an animal dies or is moribund in a category ((3))three restricted holding facility, the operator of the holding facility will immediately notify the state veterinarian of the animal's condition. The state veterinarian may require inspection and testing of the animal before disposal.

(1) Application forms to establish a ((restricted feedlot or)) restricted holding facility may be obtained from:

Washington State Department of Agriculture

Animal Services Division

1111 Washington St. S.E.

P.O. Box 42577

Olympia, Washington 98504-2577

Phone: 360-902-1878((.))

(2) Applicants for ((restricted feedlots and)) restricted holding facilities must provide the following information on the application form:

(a) Name and address of applicant;

(b) Location of the ((restricted feedlot or)) restricted holding facility; and

(c) ((Drawing of the layout))Diagram of the ((restricted feedlot or)) restricted holding facility.

(1) All ((permits))licenses for restricted ((feedlots and)) holding facilities expire on the 30th day of June of the year following the date of issue. Restricted ((feedlots and)) holding facilities must be inspected annually upon renewal and at any other time as determined by the director. Renewal of a restricted ((feedlot or a restricted)) holding facility license is contingent upon accurate recordkeeping.

(2) Any violation of chapter 16.36 RCW or any of the rules adopted under that chapter is sufficient cause for the suspension or revocation of any ((permit))license to operate a ((restricted feedlot or)) restricted holding facility. In all proceedings for suspension or revocation of a ((restricted feedlot or)) restricted holding facility ((permit))license, the owner or manager has the right to request a hearing before revocation is made permanent. Any action shall be taken under the provisions of chapter 34.05 RCW, the Administrative Procedure Act.