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AN ACT Relating to alternative livestock farming; amending RCW 77.08.010, 16.36.005, 16.36.010, 16.36.020, 16.36.050, 16.36.040, 16.36.060, 16.36.070, 16.36.080, 16.36.100, and 16.57.010; adding a new section to chapter 16.49A RCW; 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 will provide a consistent source of healthful food, offer opportunities for new jobs and increased farm income stability, and improve the balance of trade.

The legislature finds that many areas of the state of Washington are 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 recognizes that a Washington superior court has found that the Washington wildlife commission has adopted rules "in a way that is designed more to discourage and terminate a whole industry rather than mitigate potential harms created by the industry," and that the rules, in certain instances, constituted a taking where the state "ought to pay those who are affected by the process." The court also found that the rules were adopted on an emergency basis when "there was no immediate or imminent risk to any of the native deer species which any of the regulations protected against" and that "the potential risk of harm to native wildlife in deer farming is no greater than the activity of raising dairy cows and cattle."

It is therefore the policy of this state to encourage the development and expansion of alternative livestock farming within the state. It is also the policy of the state that the regulation of the alternative livestock farming industry rest solely with the department.

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 designated by rule adopted by the director of the department, under the provisions of section 4 of this act, so long as the 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: 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 does 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.

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

(5) "Traditional livestock" means horses, mules, cattle, sheep, swine, goats, poultry, and rabbits, and other species historically found in commercial production on farms or ranches in the state of Washington before 1980.

NEW SECTION. Sec. 3. The department is the principal state agency for providing regulation of and state marketing support services for the alternative livestock industry. The department shall exercise its authorities, including, but not limited to, those provided by chapters 15.64, 15.65, 15.66, 16.36, and 43.23 RCW, to regulate and provide services to the alternative livestock industry as for other agricultural industries.

NEW SECTION. Sec. 4. Upon the request of a person desiring to propagate an animal species for commercial purposes, the director of agriculture shall by rule designate that species of animal as alternative livestock, if following an investigation, the director finds the species to be appropriate for commercial production in the state of Washington. On the effective date of this act, the director shall by rule designate as alternative livestock, those animal species that have come into commercial production in the state of Washington after 1980.

NEW SECTION. Sec. 5. 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. 6. Wildlife species that exist in a wild state in the state of Washington may not be trapped or captured or otherwise taken for use in an alternative livestock farming operation.

NEW SECTION. Sec. 7. The director of agriculture shall, when necessary, 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.

NEW SECTION. Sec. 8. 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 shall establish by rule a reasonable annual registration fee to cover the costs of development and maintenance of the alternative livestock registration list. Fees may differ between species based upon the economic value of the species. Fees collected under this section shall be deposited in the alternative livestock farm account hereby established within the agricultural local fund established in RCW 43.23.230 and shall be used solely to carry out the provisions of this chapter.

NEW SECTION. Sec. 9. The director of agriculture may adopt rules establishing enclosure standards for one or more types of alternative livestock as deemed necessary to assure adequate protection to other livestock and wildlife.

NEW SECTION. Sec. 10. Wildlife species that exist in a wild state in the state of Washington are not alternative livestock, and may only be designated as alternative livestock by the director of agriculture under the provisions of section 4 of this act, if they have been legally acquired from sources outside of the state of Washington and brought into the state of Washington in compliance with all health and identification requirements established by the director of agriculture or the state veterinarian.

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

Sec. 12. RCW 77.08.010 and 1993 sp.s. c 2 s 66 are each amended to read as follows:

As used in this title or rules adopted pursuant to this title, unless the context clearly requires otherwise:

(1) "Director" means the director of fish and wildlife.

(2) "Department" means the department of fish and wildlife.

(3) "Commission" means the state fish and wildlife commission.

(4) "Person" means and includes an individual, a corporation, or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.

(5) "Wildlife agent" means a person appointed and commissioned by the director, with authority to enforce laws and rules adopted pursuant to this title, and other statutes as prescribed by the legislature.

(6) "Ex officio wildlife agent" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio wildlife agent" includes fisheries patrol officers, special agents of the national marine fisheries service, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

(7) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.

(8) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.

(9) "To fish" and its derivatives means an effort to kill, injure, harass, or catch a game fish.

(10) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, or possession of game animals, game birds, or game fish. "Open season" includes the first and last days of the established time.

(11) "Closed season" means all times, manners of taking, and places or waters other than those established as an open season.

(12) "Closed area" means a place where the hunting of some species of wild animals or wild birds is prohibited.

(13) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing for game fish is prohibited.

(14) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.

(15) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.

(16) "Wildlife" means all ((~~species of the~~)) animals ((~~kingdom whose members~~)) that exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, the family Muridae of the order Rodentia (old world rats and mice), animals regulated under the provisions of the federal animal welfare act, alternative livestock designated under the provision of section 4 of this act that have been legally acquired outside of the state of Washington, or those fish, shellfish, and marine invertebrates classified as food fish or shellfish by the director. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.

(17) "Wild animals" means those ((~~species~~)) animals of the class Mammalia ((~~whose members~~)) that exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals or the family Muridae of the order Rodentia (old world rats and mice).

(18) "Wild birds" means those ((~~species~~)) animals of the class Aves ((~~whose members~~)) who exist in Washington in a wild state.

(19) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.

(20) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.

(21) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.

(22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.

(23) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.

(24) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.

(25) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state but excluding traditional livestock and alternative livestock as defined in section 2 (1) and (5) of this act.

(26) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.

(27) "Person of disability" means a permanently disabled person who is not ambulatory without the assistance of a wheelchair, crutches, or similar devices.

NEW SECTION. Sec. 13. A new section is added to chapter 16.49A RCW to read as follows:

(1) Meat and meat by-products of alternative livestock, as defined in section 2 of this act, whether or not such meat, meat by-products, 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 by-products of alternative livestock. Such rules shall include a fee schedule that will provide for the recovery of the 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. The director may employ such personnel as are necessary to carry out the provisions of this section.

Sec. 14. RCW 16.36.005 and 1987 c 163 s 1 are each amended to read as follows:

As used in this chapter:

"Alternative livestock" shall have the meaning as defined in section 2 of this act.

"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.

"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. 15. 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. 16. 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. 17. RCW 16.36.050 and 1979 c 154 s 11 are each amended to read as follows:

It is unlawful for a 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 by the state veterinarian of origin that such animals meet the health requirements promulgated 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. 18. 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 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)).

Sec. 19. 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 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~~)) animal owner to make tests on any animals for diseased conditions, and it ((~~shall be~~)) is 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. 20. 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 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~~)) department, 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. 21. 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. 22. 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 moneys are paid over to the state.

Sec. 23. RCW 16.57.010 and 1993 c 105 s 2 are each amended to read as follows:

For the purpose of this chapter:

(1) "Department" means the department of agriculture of the state of Washington.

(2) "Director" means the director of the department or a duly appointed representative.

(3) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be.

(4) "Livestock" includes, but is not limited to, horses, mules, cattle, sheep, swine, goats, poultry ((~~and~~)), rabbits, and alternative livestock as defined in section 2 of this act.

(5) "Brand" means a permanent fire brand or any artificial mark, other than an individual identification symbol, approved by the director to be used in conjunction with a brand or by itself.

(6) "Production record brand" means a number brand which shall be used for production identification purposes only.

(7) "Brand inspection" means the examination of livestock or livestock hides for brands or any means of identifying livestock or livestock hides and/or the application of any artificial identification such as back tags or ear clips necessary to preserve the identity of the livestock or livestock hides examined.

(8) "Individual identification symbol" means a permanent mark placed on a horse for the purpose of individually identifying and registering the horse and which has been approved for use as such by the director.

(9) "Registering agency" means any person issuing an individual identification symbol for the purpose of individually identifying and registering a horse.

(10) "Poultry" means chickens, turkeys, ratites, and other domesticated fowl.

(11) "Ratite" means, but is not limited to, ostrich, emu, rhea, or other flightless bird used for human consumption, whether live or slaughtered.

(12) "Ratite farming" means breeding, raising, and rearing of an ostrich, emu, or rhea in captivity or an enclosure.

(13) "Microchipping" means the implantation of an identification microchip in the pipping muscle of a chick ratite or the implantation of a microchip in the tail muscle of an otherwise unidentified adult ratite.

NEW SECTION. Sec. 24. Sections 1 through 11 of this act shall constitute a new chapter in Title 16 RCW.