AN ACT Relating to
microchipping of equine; amending RCW 16.57.010; adding new sections to chapter
16.57 RCW; and prescribing penalties.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. 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.
(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
or similar electronic identification device to establish the identity of an
individual animal:
(a) In the
pipping muscle of a chick ratite or the implantation of a microchip in the tail
muscle of an otherwise unidentified adult ratite;
(b) In the nuchal
ligament of a horse unless otherwise specified by rule of the director; and
(c) In locations of
other livestock species as specified by rule of the director when requested by
an association of producers of that species of livestock.
NEW SECTION. Sec.
2. A new section is added
to chapter 16.57 RCW to read as follows:
A person who removes or
causes to be removed a microchip implanted in a horse, or who removes or causes
to be removed a microchip from one horse and implants or causes it to be
implanted in another horse, with the intent to defraud a subsequent purchaser,
is guilty of a gross misdemeanor.
NEW SECTION. Sec.
3. A new section is added
to chapter 16.57 RCW to read as follows:
The department has the
authority to conduct an investigation of an incident where scars or other marks
indicate that a microchip has been removed from a horse.
