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.

 

Concerning the health of animals and domestic livestock.



    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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