S-4247.2 _______________________________________________
SENATE BILL 6413
_______________________________________________
State of Washington 53rd Legislature 1994 Regular Session
By Senators M. Rasmussen, Erwin, Snyder, Loveland, Oke, Anderson, Owen, Prince, Roach, McAuliffe, Moyer and Hargrove
Read first time 01/21/94. Referred to Committee on Agriculture.
AN ACT Relating to the health of domestic livestock and animals; and 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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 16.36.005 and 1987 c 163 s 1 are each amended to read as follows:
As used in this chapter:
"Animal" means all members of the animal kingdom except humans, fish, and insects.
"Director" means the director of agriculture of the state of Washington or his or her authorized representative.
"Department" means the department of agriculture of the state of Washington.
"Domestic livestock" means horses, mules, donkeys, cattle, sheep, goats, swine, poultry, rabbits, llamas, alpacas, ratites, and other species so designated by statute or rule.
"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.
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)) chapters 16.36,
16.40, and 16.44 RCW means 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 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.
Sec. 4. RCW 16.36.050 and 1979 c 154 s 11 are each amended to read as follows:
It is 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)) is 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 without first having secured an official health
certificate or certificate of veterinary inspection, ((certified))
reviewed 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)) livestock
imported into this state for immediate slaughter, or domestic ((animals))
livestock 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))
is 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))
is 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. This section does not allow or purport to allow importation or
uses of animals which are in violation of Title 77 RCW or the rules adopted
thereunder.
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 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)) intrastate embargoes, hold orders,
and quarantines ((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 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)). In
adopting rules for animals, the department shall consult with the department of
fish and wildlife of the state of Washington provided these regulations shall
not allow or purport to allow importation, possession, or uses of animals which
are in violation of Title 77 RCW or the rules adopted thereunder.
Sec. 6. RCW 16.36.060 and 1985 c 415 s 2 are each amended to read as follows:
It ((shall be)) is
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 or his or her duly authorized representative shall have the
authority under ((such)) rules ((and regulations)) as shall be ((promulgated
by him)) adopted by the director to enter at any reasonable time the
premises of any ((livestock)) animal owner to make tests on or
examinations of any animals for diseased conditions((, and)). It
((shall be)) is unlawful for any person to interfere with ((such))
the tests or examinations in any manner, or to ((violate))
alter any segregation or identification ((order)) systems
made in connection with ((such)) the tests or examinations
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))
facsimile, notify the director of agriculture of the prevalence of or
probable danger of infection from any of the diseases of ((domestic))
animals, the director of agriculture personally, or by the ((supervisor
of dairy and livestock)) state veterinarian, or by a duly appointed
and deputized veterinarian of the division of ((dairy and livestock)) food
safety and animal health, shall at once go to the place designated in ((said))
the 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))
the 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)) is
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 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 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))
the moneys are paid over to the state.
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