WSR 19-15-141
PROPOSED RULES
DEPARTMENT OF AGRICULTURE
[Filed July 24, 2019, 7:32 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-11-116.
Title of Rule and Other Identifying Information: Chapter 16-610 WAC, Livestock brand inspection.
Hearing Location(s): On August 28, 2019, at 10:00 a.m., at the Department of Agriculture, Conference Room 238, 21 North First Avenue, Yakima, WA 98902; and on August 29, 2019, 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: September 6, 2019.
Submit Written Comments to: Gloriann Robinson, 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., August 29, 2019.
Assistance for Persons with Disabilities: Contact Stacia Speck, animal services division coordinator, phone 360-725-5642, fax 360-902-2087, TTY 800-833-6388, email sspeck@agr.wa.gov, by August 21, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend chapter 16-610 WAC to align with recently enacted legislation to:
| |
| • | Establish a definition for legacy brand; |
| • | Increase the membership of the livestock identification advisory committee; |
| • | Expand the electronic cattle transaction reporting (ECTR) system to allow for all cattle producers to report change of ownership and out-of-state movement transactions electronically; |
| • | Modify those able to perform livestock inspections; |
| • | Reflect livestock inspection fees; |
| • | Reflect a legacy brand transfer fee; and |
| • | Reflect brand transfer fees. |
The department is also proposing to amend chapter 16-610 WAC by establishing an ECTR licensing and renewal fee; increasing the certified inspector certification fee; modifying the requirements associated with being a certified inspector; moving the language regarding the ECTR system into a section of its own; retitling the chapter to more accurately reflect the different forms of identification being regulated; establishing definitions for call out fee, certified veterinarian, electronic official individual identification, and field livestock inspector; and revising language to increase clarity and readability and to conform with current industry practices.
Reasons Supporting Proposal: The livestock identification program, which has roots dating back to the 1860s, provides asset protection and theft deterrence for the livestock industry through inspections, verifying ownership documentation, and issuing a clear "title" to the new owner of cattle and horses. The program is entirely funded by fees paid by the livestock industry and receives no state general fund dollars.
During the 2019 legislative session, the livestock industry worked with the Washington state legislature to develop a new fee structure to fully fund the program. ESSB 5959 (chapter 92, Laws of 2019) makes multiple changes to the department's livestock identification program in order to restore financial solvency to the program, and allows the department to move animal disease traceability forward by expanding ECTR and the use of official electronic individual identification.
The United States Department of Agriculture announced in April 2019 that official electronic cattle identification will become an industry-wide requirement as of 2023.
Ensuring that the rule language matches what is in statute will reduce confusion to the stakeholders and improve compliance.
Establishing the license and renewal fee for use of the ECTR system will allow producers to obtain a license and use ECTR to electronically report change of ownership transactions involving cattle. Currently, producers have to contact either a certified veterinarian or the department to obtain a livestock identification inspection. The recently passed legislation imposes a $20.00 call out fee to obtain a livestock identification inspection. Expanding the use of ECTR will allow producers to report transactions without paying the call out fee. The use of ECTR is completely voluntary, anyone not wishing to obtain an ECTR license can continue to obtain livestock identification inspections by contacting the department.
ESSB 5959 creates a new "field livestock inspector" category – this individual is not required to be an accredited veterinarian. The department is proposing to increase the certification cost by $25/3-year certification in order to cover the cost of training, supplies, brand book issuance, and administrative oversight. If the brand book was purchased separately, it alone would cost the applicant an additional $25.00.
Statute Being Implemented: Chapters
16.57, 16.58,
16.65 RCW; and chapter 92, Laws of 2019.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state department of agriculture, governmental.
Name of Agency Personnel Responsible for Drafting: Robbie Parke, 1111 Washington Street S.E., Olympia, WA 98504, 360-902-1836; Implementation: Jodi Jones, 1111 Washington Street S.E., Olympia, WA 98504, 360-902-1889; 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
19.85.025(3) as the rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; rule content is explicitly and specifically dictated by statute; and rules set or adjust fees under the authority of RCW
19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW
19.80.045.
Is exempt under RCW
34.05.310 (4)(d), (e), and (f).
Explanation of exemptions: Adding a definition for legacy brand, expanding the membership of the livestock identification advisory committee to twelve members instead of six, increasing livestock inspection and brand transfer fees, and establishing a call out fee are exempt from a small business economic impact statement (SBEIS) under RCW
19.85.025(3)/34.05.310 (4)(e) and (f) because they are explicitly and specifically dictated by statute and set or adjust fees pursuant to legislative standards (chapter 92, Laws of 2019).
Clarifying changes to the rule language including: Retitling the chapter; moving the information regarding the ECTR system into a new section; providing additional information on what must be submitted when reporting transactions in the ECTR system; clarifying what type of inspections certified veterinarians and field livestock inspectors are not certified to perform; updating website addresses; clarifying that the inspection fee of $1.21 per head applies to all cattle that are identified with a valid brand recorded to the owner (instead of just Washington state brand owners); and adding definitions for call out fee, certified veterinarian, electronic official individual identification, and field livestock inspector are exempt from an SBEIS under RCW
19.85.025(3)/34.05.310 (4)(d) because they make web address changes or clarify the language of the rule without changing its effect.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Establishing a $33.00 per year licensing fee for the use of ECTR. The $33.00 per year fee is considered less than "minor cost" as defined in RCW
19.85.020(2) because it does not exceed one percent of the average annual payroll for beef cattle farmers ($828.40) or dairy cattle farmers ($4,634.16).
Increasing the certification fee for certified veterinarians and field livestock inspectors. The additional $25.00 ($8.33 per year) fee for certified veterinarians for a three year period is considered less than "minor cost" as defined in RCW
19.85.020(2) because it does not exceed one percent of average annual payroll for veterinarian practices ($4,694.75). The category of field livestock inspectors is completely new. The rule will impose a $60.00 certification fee for the three year period ($20.00 per year) just like certified veterinarians. Since there are no businesses currently impacted by this proposal, the department, as allowed under RCW
19.85.020(2) is considering this a minor cost since it does not exceed $100.00 per year.
A copy of the detailed cost calculations may be obtained by contacting Gloriann Robinson, P.O. Box 42560, Olympia, WA 98504-2560, phone 360-902-1802, fax 360-902-2092, email WSDARulesComments@agr.wa.gov.
July 24, 2019
Jodi Jones
Animal Services
Operations Director
Chapter 16-610 WAC
LIVESTOCK ((BRAND INSPECTION))IDENTIFICATION
AMENDATORY SECTION(Amending WSR 07-14-057, filed 6/28/07, effective 7/29/07)
WAC 16-610-005Definitions.
"Association of livestock breeders" means any properly incorporated association whose membership is made up of livestock breeders.
"Beef commission assessment point" means a person or business, as designated by the Washington state beef commission, required to collect and submit the mandatory per-head beef promotional fees directly to the commission when the sale of cattle occurs.
"Beef promotion fee" means the mandatory state and/or federal beef commission assessment fee under RCW
16.67.120 and
16.67.122 that is collected on each head of cattle at the time of sale.
"Call out fee" is a trip fee charged for conducting livestock inspections.
"Certified veterinarian" means an individual licensed to practice veterinary medicine in Washington state under chapter 18.92 RCW who has been certified to perform livestock inspections by the director. "Electronic official individual identification" means an official USDA approved 840 radio-frequency identification (RFID) tag. Official USDA RFID ear tags are imprinted with an official USDA animal identification number (AIN), bear the official U.S. shield, and are tamper proof.
"Farmers cooperative association" means any cooperative association of livestock producers. Farmers cooperative association does not include livestock youth organizations such as 4-H, FFA, or other junior livestock groups.
"Field livestock inspector" means an individual who has been certified by the director to perform livestock inspections.
"Livestock heritage brand" means a designation given to a brand that has been deactivated by the recorded owner. A heritage brand may not be applied to livestock.
"Legacy brand" means a brand that has been in continuous use for at least twenty-five years.
"Market" means a public livestock market as defined in RCW
16.65.010(1).
"Special sale" means a public sale conducted by an individual, youth organization, livestock breeders association, or farmers cooperative association on a seasonal or occasional basis.
"USDA" means the United States Department of Agriculture.
LIVESTOCK IDENTIFICATION ADVISORY ((BOARD))COMMITTEE
AMENDATORY SECTION(Amending WSR 07-14-057, filed 6/28/07, effective 7/29/07)
WAC 16-610-010Livestock identification advisory ((board))committee.
(1) The livestock identification advisory ((
board))
committee is established in RCW
16.57.015 for the purpose of advising the director regarding:
(a) Livestock identification programs administered under chapter
16.57 RCW and these rules;
(b) Inspection fees; and
(c) Related licensing fees.
(2) The ((board))committee is appointed by the director and is composed of ((six))twelve voting members ((representing))as follows: Two beef producers, ((public))two livestock market ((operators, horse owners, dairy farmers,))owners, two horse producers, two dairy producers, two cattle feeders, and two meat processors. ((The director is an ex officio member of the advisory board.
(3) The board must))Organizations representing the groups represented on the committee may submit nominations for these appointments to the director for the director's consideration. No more than two members at the time of their appointment or during their term may reside in the same county. Members may be reappointed and vacancies must be filled in the same manner as original appointments are made.
(3) The committee shall elect a member to serve as ((board chair. The board chair, or the chair's designee, is responsible for organizing and conducting board meetings.
(4) The board must meet with the director at least once a year to offer its advice. Additional meetings may be held at the request of the director or a majority of the board's membership.
(5)))committee chair. The committee must meet at least twice a year. The committee shall meet at the call of the director, chair, or a majority of the committee. A quorum of the committee consists of a majority of members. If a member has not been designated for a position, that position may not be counted for purposes of determining a quorum. A member may appoint an alternate who meets the same qualifications as the member to serve during the member's absence. The director may remove a member from the committee if that member has two or more unexcused absences during a single calendar year.
(4) Livestock identification advisory ((board))committee members must be residents of the state of Washington and actively engaged in the industry they represent.
AMENDATORY SECTION(Amending WSR 07-14-057, filed 6/28/07, effective 7/29/07)
WAC 16-610-012Livestock identification advisory ((board))committee—Length of term.
(1) Advisory ((board))committee members serve staggered three-year terms. Terms begin on July 1 and end on June 30.
(2) Positions are numbered one through ((six))twelve as follows:
(a) Positions one and two - Beef producers;
(b) Positions((two - Public))three and four - Livestock market ((operators))owners;
(c) Positions((three))five and six - Horse ((owners))producers;
(d) Positions((four))seven and eight - Dairy ((farmers))producers;
(e) Positions((five))nine and ten - Cattle feeders; and
(f) Positions((six))eleven and twelve - Meat processors.
AMENDATORY SECTION(Amending WSR 07-14-057, filed 6/28/07, effective 7/29/07)
WAC 16-610-013Livestock identification advisory ((board))committee—Vacancies.
(1) To fill a vacancy resulting from an expired term, the director must solicit nominations from ((affected statewide industry groups))the organization representing the group statewide. Nominations from industry groups must be submitted to the director before May 1 of the year in which the term expires. If a nomination is not received for a vacant position, the director may appoint a qualified person to fill that position.
(2) The director may fill, for the unexpired portion of a term, vacancies that occur before a term expires. When such vacancies occur, ((advisory board members and the presidents of affected statewide industry groups))the director will solicit nominations from organizations representing the groups statewide, which may then submit names to the director for consideration.
AMENDATORY SECTION(Amending WSR 16-21-008, filed 10/7/16, effective 11/7/16)
WAC 16-610-015Certificate 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 or horses.
(3) A certificate of permit may be purchased by contacting the department at ((360-902-1855 or livestockid@agr.wa.gov.)):
Washington State Department of Agriculture
Animal Services Division
1111 Washington Street S.E.
P.O. Box 42577
Olympia, WA 98504-2577
Email: livestockid@agr.wa.gov
Phone: 360-902-1855
The price is $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 16-21-008, filed 10/7/16, effective 11/7/16)
WAC 16-610-018Proof 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) An official electronic cattle transaction reporting certificate.
(c) A duplicate certificate or certified copy of an original inspection document issued by the director.
(((c)))(d) For cattle only, a self-inspection certificate completed prior to June 10, 2010, and any other information required in WAC 16-610-016.
(((d)))(e) An official inspection certificate issued by another state or province that maintains a livestock inspection program.
(((e)))(f) Registration papers on purebred horses.
(((f)))(g) Registration papers on purebred cattle if the brand is not recorded in this state.
(((g)))(h) For horses only, a bill of sale. A sample equine bill of sale is available by accessing the department's web site at ((http://agr.wa.gov/FoodAnimal/Livestock/))https://agr.wa.gov/departments/animals-livestock-and-pets/livestock.
(((h)))(i) 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 15-23-069, filed 11/16/15, effective 12/17/15)
WAC 16-610-020Cattle inspections for brands, electronic official individual identification, or other proof of ownership.
(1) All cattle must be inspected for brands, electronic official individual identification or other proof of ownership:
(a) Before being moved out of Washington state, unless the provisions of WAC 16-610-035(2) apply.
(b) When offered for sale at any public livestock market or special sale approved by the director.
(c) Upon delivery to any cattle processing plant where the United States Department of Agriculture maintains a meat inspection program, unless the cattle:
(i) Originate from a certified feedlot; or
(ii) Are accompanied by an inspection certificate issued by the director, ((or)) a veterinarian certified by the director, a field livestock inspector certified by the director, or an agency in another state or Canadian province authorized by law to issue such a certificate.
((
(2) All cattle))
(d) Upon entering or reentering any certified feedlot licensed under chapter
16.58 RCW ((
must be inspected for brands or other proof of ownership))
and before commingling with other cattle unless the cattle are accompanied by an inspection certificate issued by the director, or a veterinarian certified by the director,
or a field livestock inspector certified by the director, or an agency in another state or Canadian province authorized by law to issue such a certificate.
(((3) All cattle must be inspected for brands or other proof of ownership at))(2) At any point of private sale, trade, gifting, barter, or any other private action that constitutes a change of ownership. For transactions involving cattle not being moved or transported out of Washington state:
(a) Cattle must be presented for an inspection within fifteen days from the date of the initial transaction and accompanied by a certificate of permit. It shall be the responsibility of the seller to notify the department immediately that a sale has occurred. It shall be the responsibility of the buyer to present the animals for inspection.
(b) Cattle sold for 4-H and FFA youth projects are exempt from the fifteen day inspection requirement and can be inspected, if not prior, when consigned to a terminal show.
(((c) Until the earlier of January 1, 2016, or the date of notice that an electronic livestock movement reporting system is available for use, individual private sales of unbranded female dairy breed cattle involving fifteen head or less are exempt from the inspection requirement.
(4) Individual private sales, trades, gifting, barter, or any other action that constitutes a change of ownership of unbranded dairy cattle are required to obtain inspections under this section except when the seller holds an electronic cattle transaction reporting license under chapter 16.57 RCW and reports transactions through that system. (a) Transactions involving dispersal or liquidation sales, or covered by subsection (1) and (2) of this section, or cattle being moved or transported out of Washington state, may not be reported electronically and inspection is required.
(b) For purposes of this section, "dairy cattle" means all cattle, regardless of age or sex, that are in use to produce milk or other dairy products for human consumption including, but not limited to, breeds such as Ayrshire, Brown Swiss, Holstein, Jersey, Guernsey, and Milking Shorthorn.
(c) License:
(i) Holders of a valid milk producers license under chapter 15.36 RCW may apply for an electronic cattle transaction reporting license. Applications shall be made upon a form provided by the department to include: (A) Milk producers license number;
(B) First and last name of the holder of the milk producer license;
(C) Active email address, phone number, and mailing address for the licensed milk producer; and
(D) Business name, physical address, mailing address, and phone number.
(ii) Upon approval of the application, the director will provide the licensee with system authorization to begin utilizing the electronic cattle transaction reporting system.
(iii) As a condition of licensure, the electronic cattle transaction reporting licensee consents to up to two site visits per year. The purpose of a site visit is to conduct examinations and inspections of cattle and any associated records for movement verification. Records must be kept for three years and include information such as, but not limited to, cattle origin and destination, official individual identification tag number of each cattle sold, breed and sex of cattle sold, and date the transaction occurred. Site visits will be conducted during normal business hours and scheduled in advance. Time and mileage fees as described in WAC 16-610-065 will be assessed at the time of each site visit and will be collected from the licensee.
(iv) The director may deny, suspend, or revoke an electronic cattle transaction reporting license for failure to comply with any condition of licensure under this section or any requirement of this chapter or chapter 16.57 RCW. (d) Reporting:
(i) All transactions reported to the department through the electronic cattle transaction reporting system must be reported within twenty-four hours of the transaction and include the following information:
(A) Buyer's name, phone number, and physical address of destination;
(B) Buyer's email address if available;
(C) Number of cattle sold;
(D) Official individual identification tag number of each cattle sold;
(E) Breed and sex of cattle sold; and
(F) Date the transaction occurred;
(ii) Only dairy cattle that are officially identified with a green tag per RCW 16.57.160(3), an animal identification number radio frequency tag, a brucellosis vaccination metal tag, or a brucellosis vaccination radio frequency tag may be reported electronically. (iii) A fee of one dollar and thirty cents per head will be assessed for electronically reported transactions, along with any other applicable fees including, but not limited to, the fees listed in subsection (5) of this section. The fees are due and collected at the time of reporting through the electronic cattle transaction reporting system.
(5) Exemptions from mandatory inspections do not exempt cattle owners or sellers from paying beef promotion fees owed to the Washington state beef commission under chapter 16.67 RCW or the animal disease traceability fee owed to the department under chapter 16.36 RCW.))
NEW SECTION
WAC 16-610-021Electronic cattle transaction reporting.
(1) Individual private sales, trades, gifting, barter, or any other action that constitutes a change of ownership or movement out of state of cattle are required to obtain inspections under WAC 16-610-020 except when the seller holds an electronic cattle transaction reporting license under chapter
16.57 RCW and reports transactions through that system.
(2)(a) Any person may apply for an electronic cattle transaction reporting license. Applications shall be made on a form provided by the department to include:
(i) First and last name of the applicant.
(ii) Business name, physical address, mailing address, email address, and phone number.
(b) The license expires annually on June 30th.
(3) The initial license application fee is thirty-three dollars. The annual renewal fee is thirty-three dollars.
(4) The director may deny, suspend, or revoke an electronic cattle transaction reporting license for failure to comply with any condition of licensure under this section or any requirement of this chapter or chapter
16.57 RCW.
(5) All holders of an electronic cattle transaction reporting license must transmit to the department a record of each transaction containing the unique identification of each individual animal included in the transaction as assigned through a department-authorized identification method. All transactions reported to the department through the electronic cattle transaction reporting system must be reported within twenty-four hours of the transaction and include the following information:
(a) Buyer's first and last name, email address, phone number, mailing address, and physical address of destination;
(b) Number of cattle sold;
(c) Electronic official individual identification tag number of each head of cattle sold;
(d) Type and sex of each head of cattle sold;
(e) Breed and color of each head of cattle sold; and
(f) Date the transaction occurred.
(6) The following information is required for cattle that are branded in addition to the requirements in subsection (4) of this section:
(a) Design and location of the brand(s) on each head of cattle sold; and
(b) Washington brand number if the brand is recorded to the seller.
(i) If the brand is not recorded in Washington to the seller, the seller must provide proof of ownership under WAC 16-610-018.
(ii) A fee of one dollar and thirty cents per head will be assessed for electronically reported transactions, along with any other applicable fees including, but not limited to, the fees listed in subsection (7) of this section. The fees are due and collected at the time of reporting through the electronic cattle transaction reporting system.
(7) Exemptions from mandatory inspections do not exempt cattle owners or sellers from paying beef promotion fees owed to the Washington state beef commission under chapter
16.67 RCW or the animal disease traceability fee owed to the department under chapter
16.36 RCW.
AMENDATORY SECTION(Amending WSR 07-14-057, filed 6/28/07, effective 7/29/07)
WAC 16-610-035Inspections for cattle and horses moving out of Washington state.
(1) ((Except as provided in subsection (2) of this section,))All cattle and horses must be inspected by the director, a field livestock inspector, or a certified veterinarian for brands, electronic official individual identification (cattle only), or other proof of ownership before being moved out of Washington state.
(2) Exceptions:
(a) Cattle and horses may be moved out of Washington state without inspection when they are destined for a public livestock market in another state where brand inspection is performed by Washington state department of agriculture inspectors or an agent according to an agreement with the other state.
(b) Cattle and horses moving out of Washington state to public livestock markets must be accompanied by a certificate of permit showing that the livestock are destined for and are being transported directly to the designated out-of-state inspection point. The certificate of permit is not valid for transportation to any point other than the designated inspection point.
AMENDATORY SECTION(Amending WSR 07-14-057, filed 6/28/07, effective 7/29/07)
WAC 16-610-045Cattle inspections at certified feedlots ((and)), slaughter plants, and public livestock markets.
Inspections of cattle required under WAC 16-610-020 (1)(c) or ((16-610-020(2)))(d) and at any other beef commission assessment collection point must be conducted by the director.
AMENDATORY SECTION(Amending WSR 10-21-016, filed 10/7/10, effective 11/7/10)
WAC 16-610-050Cattle inspections for private transactions.
Inspections of cattle required under WAC 16-610-020(((3)))(2) may be conducted by:
(1) The director; ((or))
(2) Veterinarians certified by the director; or
(3) Field livestock inspectors certified by the director.
AMENDATORY SECTION(Amending WSR 12-02-068, filed 1/3/12, effective 2/3/12)
WAC 16-610-053Physical address requirements.
(1) Livestock inspection certificates, electronic cattle transaction reporting certificates, certificate of permits, and equine bill of sales shall contain a destination physical address 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 cattle and horses must be transported and delivered directly to the physical address noted on a livestock inspection certificate, electronic cattle transaction reporting certificate (cattle only), certificate of permit, and/or equine bill of sale. Cattle and horses shall not be diverted to any other physical address or location except for:
(a) A temporary destination due to a medical emergency where the immediate health of the animal is in jeopardy; or
(b) A category two restricted holding facility as defined in chapter 16-30 WAC if the cattle will be transported and delivered to a lot of like status.
(3) 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 can be used:
(a) Descriptive driving directions to the physical location of where the cattle or horse(s) is being transported and delivered to; or
(b) The global positioning system (GPS) coordinates of the physical location of where the cattle or horse(s) is being transported and delivered to. 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.
(4) Failing to provide the required destination physical address or acceptable alternative as defined in subsection (3) of this section or diverting cattle and horses from the destination physical address may result in a civil infraction per WAC 16-610-095.
VETERINARIAN AND FIELD LIVESTOCK INSPECTOR CERTIFICATION
AMENDATORY SECTION(Amending WSR 16-21-008, filed 10/7/16, effective 11/7/16)
WAC 16-610-060Veterinarian and field livestock inspector certification.
(1)(a) The director may certify veterinarians, who are licensed and accredited in Washington state and field livestock inspectors who comply with the requirements of this section, to issue livestock inspection certificates.
(b) Veterinarians and field livestock inspectors may not conduct inspections at certified feedlots, slaughter plants, public livestock markets, or special sales.
(c)(i) Veterinarians and field livestock inspectors may not perform livestock inspections for an individual or business if a conflict of interest exists.
(ii) For the purpose of this rule, a "conflict of interest" includes, but is not limited to, a financial or other interest, direct or indirect, in the livestock, the facility in which the livestock are presented for sale, or the event at which the livestock are being exhibited.
(2) Veterinarians licensed and accredited in Washington state and field livestock inspectors 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, telephone number, and email address of the individual applying for certification;
(b) The applicant's Washington state veterinary license number if the applicant is a veterinarian;
(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))sixty dollars per applicant.
(4) Certifications expire on the third December 31st following the date of issuance. For example, if a ((certificate))certification 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))sixty dollars per applicant.
(5) All ((veterinarians))applicants applying for certification or renewal of certification must 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 to each certified veterinarian or field livestock inspector. Training will include, but will not be limited to, the:
(a) Reading of printed brands;
(b) Reading of brands or other marks on animals, including the location of brands on animals;
(c) Reading of a microchip or other electronic official individual identification;
(d) Completion of official documents; and
(((d)))(e) Review of satisfactory ownership documents.
(6) The director will maintain a list of veterinarians and field livestock inspectors certified to perform livestock inspections. Interested parties may request a copy of the list by contacting the department at ((360-902-1855 or livestockid@agr.wa.gov.)):
Washington State Department of Agriculture
Animal Services Division
1111 Washington Street S.E.
P.O. Box 42577
Olympia, WA 98504-2577
Email: livestockid@agr.wa.gov
Phone: 360-902-1855
Web site: https://agr.wa.gov/departments/animals-livestock-and-pets/livestock
(7) Inspections by certified veterinarians and field livestock inspectors are conducted upon request and provided at the discretion of the veterinarian or field livestock inspector.
(8) Certified veterinarians and field livestock inspectors 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 or field livestock inspector 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 07-14-057, filed 6/28/07, effective 7/29/07)
WAC 16-610-062Veterinarian and field livestock inspector certification—Suspension and revocation.
(1) The director may suspend or revoke a veterinarian's or field livestock inspector's certification to issue inspection certificates if the veterinarian or field livestock inspector knowingly:
(a) Makes or acquiesces in false or inaccurate statements on livestock inspection certificates regarding:
(i) The date or location of the inspection;
(ii) The marks, electronic official individual identification, or brands on the livestock inspected;
(iii) The owner's name; or
(iv) Any other statement about the livestock inspected.
(b) Fails to properly verify the ownership status of the animal before issuing an inspection certificate.
(c) Issues an inspection certificate without actually conducting an inspection of the livestock.
(d) Fails to submit inspection fees and certificates issued to the director within thirty days from the date of issue.
(e) Conducts livestock inspections when a conflict of interest exists.
(2) Actions under this section will be taken in accordance with chapter
34.05 RCW.
AMENDATORY SECTION(Amending WSR 12-21-013, filed 10/5/12, effective 11/5/12)
WAC 16-610-065Livestock identification fees.
All livestock identification inspection fees charged by the director are specified in statute under RCW
16.57.220 but are reproduced in this section for ease of reference.
((
For purposes of this section, the time and mileage fee means seventeen dollars per hour and the current mileage rate set by the office of financial management.))
A call out fee of twenty dollars will be charged for conducting livestock inspections in accordance with RCW 16.57.220, 16.58.130 and 16.65.090. Public livestock markets, special sales, open consignment horse sales, certified feedlots, and USDA inspected slaughter facilities will be charged a call out fee per inspector per day, with the exception of:Special sales conducted by youth livestock organizations such as 4-H, FFA, and junior livestock groups are exempt from call out fees.
Certificate | Fees: |
Inspection Certificate - Cattle | (1) The livestock inspection fee for cattle is $((1.60))4.00 per head ((or the time and mileage fee, whichever is greater,)) except: |
| The fee for livestock inspection for cattle is $((1.10))1.21 per head ((or the time and mileage fee, whichever is greater,)) when cattle are identified with a valid brand recorded to the owner ((of the cattle in Washington))or identified with an electronic official individual identification tag. |
| ((The time and mileage fee may be waived for private treaty transactions of ten head or less of cattle bearing the seller's Washington recorded brand and special sales of 4-H, FFA, and junior/youth groups. The time and milage waiver: |
| (a) Will be limited to twelve waivers within a calendar year; and |
| (b) Does not apply to multiple sales to the same buyer within a thirty-day period.)) |
| (2) The livestock inspection fee for cattle is $((4.00))4.40 per head for cattle delivered to a USDA inspected slaughter facility with a daily capacity of no more than five hundred head of cattle. |
| (3) No inspection fee is charged for a calf that is inspected prior to moving out-of-state under an official temporary grazing permit if the calf is part of a cow-calf unit and the calf is identified with the owner's Washington state-recorded brand or identified with an electronic official individual identification tag. |
Inspection Certificate - Horse | (4) The livestock inspection fee for horses is $((3.50))3.85 per head ((or the time and mileage rate, whichever is greater, except:)). |
Inspection Certificate - Groups of thirty or more horses | (5) The livestock inspection fee for groups of thirty or more horses is $((2.00))2.20 per head ((or the time and mileage fee, whichever is greater)), if: |
| (a) The horses are owned by one individual; and |
| (b) The inspection is performed on one date and at one location; and |
| (c) Only one certificate is issued. |
Inspection Certificate - Minimum fee | (6) The minimum fee for a livestock inspection is $((5.00))5.50. The minimum fee does not apply to livestock consigned to and inspected at a public livestock market, special sale, or a cattle processing plant. |
Annual individual identification certificate for individual animals | (7)(a) The livestock inspection fee for an annual individual identification certificate for cattle and horses is $((20.00))22.00 per head ((or the time and mileage fee, whichever is greater)). |
| (b) The livestock inspection fee for an annual individual identification certificate for groups of thirty or more horses or cattle is $((5.00))5.50 per head ((or the time and mileage fee, whichever is greater)), if: |
| (i) The horses or cattle are owned by one individual; |
| (ii) The inspection is performed on one date and at one location; and |
| (iii) Only one certificate is issued. |
Lifetime individual identification certificate | (8) A livestock inspection fee for a lifetime individual identification certificate for horses and cattle is $((60.00))63.00 per head ((or the time and mileage fee, whichever is greater)). |
AMENDATORY SECTION(Amending WSR 16-21-008, filed 10/7/16, effective 11/7/16)
WAC 16-610-066Replacement 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/.))may be obtained from and sent to:
Washington State Department of Agriculture
Animal Services Division
1111 Washington Street S.E.
P.O. Box 42577
Olympia, WA 98504-2577
Email: livestockid@agr.wa.gov
Phone: 360-902-1855
Web site: https://agr.wa.gov/departments/animals-livestock-and-pets/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 16-21-008, filed 10/7/16, effective 11/7/16)
WAC 16-610-085Production 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 ((by contacting the department at 360-902-1855, emailing livestockid@agr.wa.gov or accessing the department's web site at http://agr.wa.gov/FoodAnimal/Livestock/.))from and sent to:
Washington State Department of Agriculture
Animal Services Division
1111 Washington Street S.E.
P.O. Box 42577
Olympia, WA 98504-2577
Email: livestockid@agr.wa.gov
Phone: 360-902-1855
Web site: https://agr.wa.gov/departments/animals-livestock-and-pets/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.
NEW SECTION
WAC 16-610-088Transfer of recorded brands.
(1)(a) The application to transfer a brand shall be accompanied by a notarized form that includes a facsimile of the brand, a description, information about the current owners, and a twenty-seven dollar and fifty cent transfer fee.
(b) A legacy brand transfer requires a one hundred dollar transfer fee.
(2) The application form to transfer a brand or a legacy brand may be obtained from and sent to:
Washington State Department of Agriculture
Animal Services Division
1111 Washington Street S.E.
P.O. Box 42577
Olympia, WA 98504-2577
Email: livestockid@agr.wa.gov
Phone: 360-902-1855
Web site: https://agr.wa.gov/departments/animals-livestock-and-pets/livestock
AMENDATORY SECTION(Amending WSR 12-02-068, filed 1/3/12, effective 2/3/12)
WAC 16-610-095Penalty schedule for notices of infraction.
(1) If any person fails to comply with the requirements of chapters 16-610 WAC and
16.57 RCW (Identification of livestock), the director may issue that person a notice of infraction and may assess a penalty.
(2) The following infractions have the base penalty listed, not including statutory assessments.
Livestock Identification Program
Civil Infraction Schedule for Violations of Chapter
16.57 RCW
Violation | Base Penalty |
| Removal of cattle and horses from Washington state without an inspection certificate or an ECTR transaction certificate. |
First offense | $100.00 |
2nd offense within three years | $150.00 |
3rd offense within three years | $250.00 |
| |
| Failing to present an animal for mandatory inspection. |
First offense | $100.00 |
2nd offense within three years | $150.00 |
3rd offense within three years | $250.00 |
| |
| Refusing to assist in establishing ownership and identity. |
First offense | $100.00 |
2nd offense within three years | $150.00 |
3rd offense within three years | $250.00 |
| |
| Interfering with the director in the performance of livestock identification duties. |
First offense | $100.00 |
2nd offense within three years | $150.00 |
3rd offense within three years | $250.00 |
| |
| Transporting or delivering cattle or horses to any destination other than the designated physical address. |
First offense | $100.00 |
2nd offense within three years | $150.00 |
3rd offense within three years | $250.00 |
| |
| Using an unrecorded brand. |
Each offense | $37.00 |
| |
| Failing to designate a physical address |
Each offense | $37.00 |
| |
| Moving cattle without proof of ownership. |
Each offense | $37.00 |
| |
| Transporting a carcass without proof of ownership. |
Each offense | $37.00 |
| |
| Failing to attach custom slaughter tags. |
Each offense | $37.00 |
| |
| Acting as a registering agency without a permit. |
Each offense | $37.00 |
AMENDATORY SECTION(Amending WSR 07-14-057, filed 6/28/07, effective 7/29/07)
WAC 16-610-122Release of cattle and horses from public livestock markets.
(1) Before allowing the removal of any cattle or horses from any public livestock market, a licensee or the licensee's agent or employee must:
(a) Obtain a livestock inspection clearance from the director for the cattle or horses being removed; and
(b) Issue a release to the person wishing to remove the cattle or horses.
(2)
The licensee shall hold proceeds from the sale of impounded cattle or horses for a reasonable period of time not to exceed thirty days to permit the consignor to establish ownership or the right to sell the cattle or horses. If the consignor fails to establish legal ownership or the right to sell the cattle or horses, the proceeds shall be paid to the director to be disposed of as any other estray proceeds under RCW 16.57.300.(3) Cattle and horses that have been offered for sale at a public livestock market but did not sell, will not be assessed an additional inspection fee upon reconsignment if:
(a) The reconsignment occurs within eight days of the original sale;
(b) The animals are reconsigned to the original sale facility;
(c) The animals have not been removed from the original sale facility before reconsignment;
(d) The animals have not been commingled with other animals; and
(e) No animals have been added or removed from the group.
AMENDATORY SECTION(Amending WSR 07-14-057, filed 6/28/07, effective 7/29/07)
WAC 16-610-140Approval of special sales and open consignment horse sales.
(1) An individual, farmers cooperative association, association of livestock breeders, or youth livestock organization such as 4-H, FFA, or other junior livestock group may submit an application to the director for a special sale or open consignment horse sale. Approval of applications for a special sale or open consignment horse sale is at the discretion of the director.
(2) A livestock market may submit an application to the director for a special sale or open consignment horse sale on a day not specifically assigned to it. Approval of special sales and open consignment horse sales on unassigned days is at the discretion of the director.
(3) Special sales and open consignment horse sales are limited to three sales per month per applicant in any location, as long as all requirements are met and the proper permits and license have been obtained.
(4) "Special sale" does not mean a public sale by a group of individuals conducting private treaty sales of horses brought to a central location if:
(a) Funds are not handled by a third party; and
(b) The buyer meets the inspection requirements contained in RCW
16.57.260.
(5) Application for approval of a special sale or open consignment horse sale must be made at least fifteen days in advance of the proposed sale.
(6) The application for a special sale or open consignment horse sale must be made on forms provided by the director and must contain the following:
(a) Name, address, email address, and ((contact))phone number of the applicant;
(b) Type of applicant: Producer, livestock market, or association;
(c) Name of sale and/or event;
(d) Type and number of livestock expected to be sold;
(e) Date, time, and location of the sale;
(f) Name and ((contact))phone number of the veterinarian who will be providing animal health services; and
(g) The signature of the applicant.
(7) In addition to the requirements in subsections (5) and (6) of this section, the application for an open consignment horse sale must also provide the director with the following:
(a) A detailed statement showing all of the assets and liabilities of the applicant;
(b) A schedule of rates and charges that the applicant will impose on the seller or consignor, including the entry fee, commission, pass out (no sale) fees, stabling, etc.;
(c) Verification of custodial account, as per RCW
16.65.140;
(d) Written evidence of valid bond, as per RCW
16.65.232; and
(e) The projected approximate value of the horses to be handled.
(8) The director charges a special sale application fee of fifty dollars, which is specified in RCW
16.65.420, and an open consignment horse sale license fee of one hundred dollars, as specified in RCW
16.65.042. Applications will not be processed until the application fee is paid. There is no application fee for youth livestock organizations.