WSR 22-13-015
PERMANENT RULES
DEPARTMENT OF AGRICULTURE
[Filed June 3, 2022, 7:39 a.m., effective July 4, 2022]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The Washington state department of agriculture (WSDA) is amending chapter 16-610 WAC in response to a rule-making petition received from WSDA's livestock identification advisory committee to:
Reduce the electronic cattle transaction reporting (ECTR) per head fee to $.80 per head; and
Allow veterinarians and field livestock inspectors certified by WSDA to conduct inspections at public livestock markets, certified feedlots, slaughter facilities, or special sales when the facilities have received written notification from WSDA that department inspectors are not available.
WSDA is also amending WAC 16-610-021 to clarify the requirement that sellers using ECTR must provide proof of ownership by describing how the seller must provide that documentation.
Citation of Rules Affected by this Order: Amending WAC 16-610-021 and 16-610-060.
Statutory Authority for Adoption: RCW 16.57.350, 16.57.450, 16.58.030, and 16.65.020.
Adopted under notice filed as WSR 22-09-076 on April 20, 2022.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 2, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: June 3, 2022.
Derek I. Sandison
Director
OTS-3732.2
AMENDATORY SECTION(Amending WSR 19-20-022, filed 9/23/19, effective 10/24/19)
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))$33. The annual renewal fee is ((thirty-three dollars))$33.
(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))24 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)))(5) 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. Proof of ownership must be uploaded at the time the transaction is reported. Original proof of ownership must be received by the department within seven days of the report of the transaction. Proof of ownership must be mailed to:
Washington State Department of Agriculture
Livestock Identification Program
P.O. Box 42577
Olympia, WA 98504-2577
(ii) A fee of ((one dollar and thirty))80 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 19-20-022, filed 9/23/19, effective 10/24/19)
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) Certified veterinarians and field livestock inspectors may not conduct inspections at certified feedlots, slaughter plants, public livestock markets, or special sales unless the department has notified the facility in writing that department inspectors are not available to conduct inspections. If the department notifies a facility that its inspectors are not available to conduct inspections, the facility may use a certified veterinarian or field livestock inspector to conduct inspections during the period, as specified by the department, in which department inspectors are not available.
(c)(i) Certified 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, 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 ((sixty dollars))$60 per applicant.
(4) Certifications expire on the third December 31st following the date of issuance. For example, if a 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 ((sixty dollars))$60 per applicant.
(5) All 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))90 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
(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:
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
Website: 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))30 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.