6274 AMS AWR S3989.1
SB 6274 - S COMM AMD
By Committee on Agriculture & Water Resources
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 16.36.005 and 1987 c 163 s 1 are each amended to read as follows:
As used in this chapter:
"Exotic wild animals" means terrestrial wild animals that are not native to Washington or have not been established in the state by wildlife agencies.
"Director" means the director of agriculture of the state of Washington or his authorized representative.
"Department" means the department of agriculture of the state of Washington.
"Garbage" means the solid animal and vegetable waste and offal together with the natural moisture content resulting from the handling, preparation, or consumption of foods in houses, restaurants, hotels, kitchens, markets, meat shops, packing houses and similar establishments or any other food waste containing meat or meat products.
"Veterinary biologic" means any virus, serum, toxin, and analogous product of natural or synthetic origin, or product prepared from any type of genetic engineering, such as diagnostics, antitoxins, vaccines, live microorganisms, killed microorganisms, and the antigenic or immunizing components intended for use in the diagnosis, treatment, or prevention of diseases in animals.
"Domestic animal" means any animal that is a farm animal or companion animal or both.
"Farm animal" means any domestic species of cattle, sheep, swine, goats, llamas, poultry, or horses that are normally and have historically been kept and raised on farms in the United States and used or intended for use as food, fiber, or breeding. This term also includes animals such as rabbits, mink, and chinchilla if they are used solely for the purposes of meat or fur, and animals such as horses and llamas if used solely as work and pack animals.
"Companion animal" means, but is not limited to, any animal such as dogs, cats, nonhuman primates, guinea pigs, hamsters, rabbits, ferrets, birds, llamas, pigs, or horses historically or recently associated with humans as pets, security, disability assistance, or for breeding, hunting, racing, riding, or other recreation."
"Sec. 2. RCW 16.36.010 and 1927 c 165 s 2 are each amended to read as follows:
The
word "quarantine" as used in this act shall mean the placing and
restraining of any animal or animals by the owner or agents in charge thereof,
either within a certain described and designated enclosure or area within this
state, or the restraining of any such animal or animals from entering this
state, as may be directed in writing by the director of agriculture, or his or her duly
authorized representative. Any animal or animals so quarantined within the
state shall at all times be kept separate and apart from other ((domestic))
animals and not allowed to have anything in common therewith."
"Sec. 3. RCW 16.36.020 and 1987 c 163 s 2 are each amended to read as follows:
The director shall have general supervision of the prevention of the spread and the suppression of infectious, contagious, communicable and dangerous diseases affecting animals within, in transit through and being imported into the state. The director may establish and enforce quarantine of and against any and all domestic animals, exotic wild animals, or wildlife raised in captivity which are affected with any such disease or that may have been exposed to others thus affected, whether within or without the state, for such length of time as he or she deems necessary to determine whether any such animal is infected with any such disease. The director shall also enforce and administer the provisions of this chapter pertaining to garbage feeding and when garbage has been fed to swine, the director may require the disinfection of all facilities, including yard, transportation and feeding facilities, used for keeping such swine.
The director shall also have the authority to regulate the sale, distribution, and use of veterinary biologics in the state and may adopt rules to restrict the sale, distribution, or use of any veterinary biologic in any manner the director determines to be necessary to protect the health and safety of the public and the state's animal population.
The director shall also have the authority to adopt rules governing the importation and care of nondeleterious exotic wild animals that are raised for the production of food and fiber for human use. In adopting such rules, the department shall consult with the department of wildlife of the state of Washington."
"Sec. 4. RCW 16.36.050 and 1979 c 154 s 11 are each amended to read as follows:
It shall be unlawful for any person to intentionally falsely make, complete, alter, use, or sign an animal health certificate, certificate of veterinary inspection, or official written animal health instrument of the department of agriculture. It shall be unlawful for any person, or any railroad or transportation company, or other common carrier, to bring into this state for any purpose any domestic animals, exotic wild animals, or native wildlife raised in captivity without first having secured an official health certificate or certificate of veterinary inspection, certified by the state veterinarian of origin that such animals meet the health requirements ((promulgated)) adopted by the director of agriculture of the state of Washington: PROVIDED, That this section shall not apply to domestic animals imported into this state for immediate slaughter, or domestic animals imported for the purpose of unloading for feed, rest, and water, for a period not in excess of twenty-eight hours except upon prior permit therefor secured from the director of agriculture. It shall be unlawful for any person to divert en route for other than to an approved, inspected stockyard for immediate slaughter or to sell for other than immediate slaughter or to fail to slaughter within fourteen days after arrival, any animal imported into this state for immediate slaughter. It shall be unlawful for any person, railroad, transportation company, or other common carrier, to keep any domestic animals which are unloaded for feed, rest and water in other than quarantined pens, or not to report any missing animals to the director of agriculture at the time the animals are reloaded."
"Sec. 5. RCW 16.36.040 and 1979 c 154 s 10 are each amended to read as follows:
The director of agriculture shall have power to ((promulgate)) adopt and enforce such reasonable rules((, regulations)) and orders as he or she may deem necessary or proper to prevent the introduction or spreading of infectious, contagious, communicable, or dangerous diseases affecting domestic animals, exotic wild animals, or native wildlife raised in captivity in this state, and to ((promulgate)) adopt and enforce such reasonable rules((, regulations)) and orders as he or she may deem necessary or proper governing the inspection and test of all animals within or about to be imported into this state, and to ((promulgate)) adopt and enforce intercounty embargoes and quarantine to prevent the shipment, trailing, trucking, transporting, or movement of bovine animals from any county that has not been declared modified accredited by the United States department of agriculture, animal and plant health inspection service, for tuberculosis and/or certified brucellosis-free, into a county ((which)) that has been declared modified accredited by the United States department of agriculture, animal and plant health inspection service, for tuberculosis and/or certified brucellosis-free, unless such animals are accompanied by a negative certificate of tuberculin test made within sixty days and/or a negative brucellosis test made within the forty-five day period prior to the movement of such animal into such county, issued by a duly authorized veterinary inspector of the state department of agriculture, or of the United States department of agriculture, animal and plant health inspection service, or an accredited veterinarian authorized by permit issued by the director of agriculture to execute such certificate."
"Sec. 6. RCW 16.36.060 and 1985 c 415 s 2 are each amended to read as follows:
It shall be unlawful for any person to willfully hinder, obstruct, or resist the director of agriculture or any duly authorized representative, or any peace officer acting under him or her or them, when engaged in the performance of the duties or in the exercise of the powers conferred by this chapter, and it shall be unlawful for any person to willfully fail to comply with or violate any rule((, regulation)) or order ((promulgated)) adopted by the director of agriculture or his or her duly authorized representatives under the provisions of this chapter. The director of agriculture shall have the authority under such rules ((and regulations)) as shall be ((promulgated)) adopted by ((him)) the director to enter at any reasonable time the premises of any ((livestock)) domestic animals, exotic wild animals, or native wildlife raised in captivity owner to make tests on any animals for diseased conditions, and it shall be unlawful for any person to interfere with such tests in any manner, or to violate any segregation or identification order made in connection with such tests by the director of agriculture, or his or her duly authorized representative."
"Sec. 7. RCW 16.36.070 and 1947 c 172 s 6 are each amended to read as follows:
Whenever a majority of any board of health, board of county commissioners, city council or other governing body of any incorporated city or town, or trustees of any township, whether in session or not, shall, in writing or by telegraph, notify the director of agriculture of the prevalence of or probable danger of infection from any of the diseases of domestic animals, exotic wild animals, or native wildlife raised in captivity the director of agriculture personally, or by the supervisor of dairy and livestock, or by a duly appointed and deputized veterinarian of the division of dairy and livestock, shall at once go to the place designated in said notice and take such action as the exigencies may in his or her judgment demand, and may in case of an emergency appoint deputies or assistants, with equal power to act. The compensation to be paid such emergency deputies and assistants, shall be fixed by the director of agriculture in conformity with the standards effective in the locality in which the services are performed."
"Sec. 8. RCW 16.36.080 and 1947 c 172 s 7 are each amended to read as follows:
It shall be unlawful for any person registered to practice veterinary medicine, surgery and dentistry in this state not to immediately report in writing to the director of agriculture the discovery of the existence or suspected existence among domestic animals, exotic wild animals, or native wildlife raised in captivity within the state of any reportable diseases as published by the director of agriculture."
"Sec. 9. RCW 16.36.100 and 1927 c 165 s 10 are each amended to read as follows:
The governor and the director of agriculture shall have the power to cooperate with the government of the United States in the prevention and eradication of diseases of domestic animals, exotic wild animals, or native wildlife raised in captivity and the governor shall have the power to receive and receipt for any moneys receivable by this state under the provisions of any act of congress and pay the same into the hands of the state treasurer as custodian for the state to be used and expended in carrying out the provisions of this act and the act or acts of congress under which said moneys are paid over to the state."
"NEW SECTION. Sec. 10. A new section is added to chapter 16.49A RCW to read as follows:
(1) Meat and meat byproducts of exotic wild animals, as defined in RCW 16.36.005, whether or not such meat, meat byproducts, or animals originate from within the state, shall not be sold or distributed for public consumption without prior inspection by the department, the United States department of agriculture, or another department‑recognized local, state, or federal agency responsible for food safety and inspection.
(2) The department may adopt rules establishing a program for inspecting meat and meat byproducts of exotic wild animals. Such rules shall include a fee schedule that will provide for the recovery of the full cost of the inspection program. Fees collected under this section shall be deposited in an account within the agricultural local fund and the revenue from such fees shall be used solely for carrying out the provisions of this section, and no appropriation is required for disbursement from the fund. The director may employ such personnel as are necessary to carry out the provisions of this section."
SB 6274 - S COMM AMD
By Committee on Agriculture & Water Resources
On page 1, line 1 of the title, after "regulation;" strike the remainder of the title and insert "amending RCW 16.36.005, 16.36.010, 16.36.020, 16.36.050, 16.36.040, 16.36.060, 16.36.070, 16.36.080, and 16.36.100; adding a new section to chapter 16.49A RCW; and prescribing penalties."