5839-S

AN ACT Relating to alternative livestock farming; 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; and adding a new chapter to Title 16 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature declares that the husbandry of alternative livestock as a farming operation may provide a consistent source of healthful food, offers opportunities for new jobs and increased farm income stability, and improves the balance of trade.

The legislature intends to establish a process to identify animal species that may be commercially raised in the state of Washington.

The legislature finds that many areas of the state of Washington may be suitable for alternative livestock farms, and therefore the legislature encourages the promotion of alternative livestock farming activities, programs, and development with the same status as other agricultural activities, programs, and development within the state.

The legislature finds that alternative livestock farming should be considered a branch of the agricultural industry of the state for purposes of laws that apply to or provide for the advancement, benefit, or protection of the agriculture industry within the state. The legislature further finds, however, that alternative livestock farming may pose threats to the state's wildlife, and therefore requires effective regulation to minimize these threats.

Therefore, it is the policy of this state to protect wildlife and existing domestic livestock industries by providing for effective regulation of alternative livestock farming including but not limited to a disease inspection and control program for alternative livestock farming operations.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Alternative livestock" means those species classified under the provisions of section 9 of this act, so long as the alternative livestock are: Confined by humans; raised or used in farm or ranch operations in the private sector; and produced on the farm or ranch or legally acquired for the farm or ranch. "Alternative livestock" does not include: Wildlife as defined in RCW 77.08.010(16); domestic dogs (canis familiaris) or domestic cats (felis domestica); private-sector aquatic products as defined in and regulated under chapter 15.85 RCW; animals raised for release into the wild; animals raised for the purpose of hunting that takes place in this state; or fur farming and game farming as currently allowed and regulated by chapters 16.72 and 77.32 RCW.

(2) "Alternative livestock farm or ranch" means the farm or ranch upon which alternative livestock are reared and shall not include publicly and privately owned facilities for which a license or permit is required under RCW 77.12.570 or 77.32.010.

(3) "Alternative livestock products" means the agricultural products of alternative livestock including, but not limited to, meat and meat products, velvet, antlers, horns, leather, hides, feathers, eggs, gametes, and genetic materials. "Alternative livestock products" does not include a product that is required to be identified under section 5 of this act and that is not identified as required.

(4) "Department" means the department of agriculture.

NEW SECTION. Sec. 3. The department is the principal state agency for providing state marketing support services for the alternative livestock industry. The department shall exercise its authorities, including those provided by chapters 15.64, 15.65, 15.66, and 43.23 RCW, to develop a program for assisting the alternative livestock industry to market and promote the use of its products.

NEW SECTION. Sec. 4. It is unlawful to hunt or allow others to hunt for a fee, any alternative livestock reared on or derived from an alternative livestock farm.

NEW SECTION. Sec. 5. The director of agriculture shall, in consultation with the director of fish and wildlife, establish methods of identification requirements, such as tattoos, branding, or eartags, for alternative livestock and alternative livestock products to the extent that identifying the livestock or the source or quantity of the products is necessary to permit the department of fish and wildlife to effectively administer and enforce Title 77 RCW. The director of agriculture shall also consult with the director of fish and wildlife to ensure that such rules enable the department of fish and wildlife to enforce the programs administered under Title 77 RCW.

NEW SECTION. Sec. 6. The department shall, in consultation with the department of fish and wildlife and other interests, develop a program of disease inspection and control for alternative livestock. The purpose of the program is to protect the domestic and alternative livestock industries from the loss of animals or productivity to disease and to protect wildlife in this state.

The department shall adopt new or amend existing rules in conformance with chapter 34.05 RCW. The department shall administer a program of disease inspection and control for alternative livestock. As used in this section "disease" means, in addition its ordinary meanings, infestations of parasites or pests.

NEW SECTION. Sec. 7. The owner of a farm or ranch for alternative livestock shall register the farm or ranch annually with the department. The director shall develop and maintain a registration list of all alternative livestock farms and ranches. Registered alternative livestock farms and ranches shall provide the department production statistical data. The director of agriculture and the director of fish and wildlife shall establish by rule reasonable annual registration fees sufficient to cover the costs of development of rules and the administration of this chapter and the rules adopted under this chapter. Fees may differ between species based upon factors including but not limited to economic value, degree of services required, and complexity of rules. Fees collected under this section shall be allocated evenly between the alternative livestock farm account, hereby created, within the agricultural local fund and the wildlife fund, and shall be used solely to carry out the provisions of this chapter.

NEW SECTION. Sec. 8. The director of agriculture and the director of fish and wildlife shall study, with input from the alternative livestock industry and other interested parties, the needs for assuring adequate fences or other methods of enclosure for various species of alternative livestock. The directors shall jointly adopt rules establishing enclosure standards for one or more types of alternative livestock as deemed necessary to assure adequate protection to domestic livestock, wildlife, and alternative livestock.

If an animal is not enclosed as required in rules adopted under this section or if it is found by a state fish and wildlife or agricultural official or local law enforcement officer outside an area of an enclosure that is required in rules adopted under this section, the unenclosed or found animal is declared to be a public nuisance. An owner of alternative livestock may request assistance from the department of agriculture, department of fish and wildlife, or local law enforcement office in recapturing escaped alternative livestock and may be billed for the cost of services rendered.

Alternative livestock that escape a required enclosure and are recaptured may be impounded at a suitable facility at the owner's expense. Animals may not be returned to the owner's premises until sufficient repairs or improvements are made to assure that escape will not reoccur. The owner of the animal is liable for damages that are shown to be caused by the animal during the time of the escape.

NEW SECTION. Sec. 9. (1) Animals shall be classified as alternative livestock under the process established in this section.

(2) A species may be petitioned for regulation by the director of fish and wildlife, the director of agriculture, or any person by filing with either department a completed written petition requesting the joint regulation of a species under this chapter.

(3) The directors may decide if and how a species is to be regulated through jointly adopted rules. Each determination shall be in writing and shall be published in the Washington State Register.

(4) If the directors do not reach agreement as to whether and how a species should be regulated under this chapter, the directors will convene a scientific review panel that will make a written recommendation to the directors as to the status of the species in question.

(5) Wildlife shall be regulated by the department of fish and wildlife and may not be classified under this chapter as alternative livestock.

(6)(a) Any species that is not present in the state as of the effective date of this act, may be petitioned by any person for possible regulation and such petition acted upon under this section prior to entry for allowance or prohibition as alternative livestock.

(b) The legal status of a species that is present in the state on the effective date of this act does not change unless new or amended rules regarding such species are adopted.

NEW SECTION. Sec. 10. The director of agriculture and the director of fish and wildlife shall develop by rule the requirements for documents, data, scientific evidence, or other items to be submitted that will constitute a completed written petition for the purpose of section 9 of this act. The directors shall develop criteria upon which to make evaluations as to whether and how petitioned species will be regulated.

The department of agriculture and the department of fish and wildlife may adopt rules in accordance with chapter 34.05 RCW to carry out the provisions of this chapter.

NEW SECTION. Sec. 11. All rules of the department of fish and wildlife and the department of agriculture that are inconsistent with the provisions of chapter . . ., Laws of 1995 (this act), shall be amended or repealed to comply with chapter . . ., Laws of 1995 (this act).

Sec. 12. 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.

"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. 13. 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~~)) this chapter and chapter 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, animals, or animal((s)) species 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. 14. 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. 15. 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. 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~~)) livestock 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~~)) 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, possession, or uses of animals which are in violation of Title 77 RCW or the rules adopted thereunder.

Sec. 16. 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~~)) testing of all animals within or about to be imported into this state, and to ((~~promulgate~~)) adopt and enforce ((~~intercounty~~)) intrastate embargoes, hold orders, 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 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)). However, these rules shall not allow or purport to allow importation, possession, or uses of animals that are in violation of Title 77 RCW or the rules adopted under Title 77 RCW. In adopting such rules for animals other than domestic livestock, the department shall consult with the department of fish and wildlife.

Sec. 17. 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~~)) is 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 condition((~~s, and it shall be~~)). It 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. 18. 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. 19. 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. 20. 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.

NEW SECTION. Sec. 21. Sections 1 through 11 of this act shall constitute a new chapter in Title 16 RCW.