H-3538.1 _______________________________________________
HOUSE BILL 2619
_______________________________________________
State of Washington 57th Legislature 2002 Regular Session
By Representatives Romero, Miloscia and Upthegrove
Read first time 01/22/2002. Referred to Committee on Judiciary.
AN ACT Relating to laying hens; amending RCW 16.52.185; and adding a new section to chapter 16.52 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 16.52.185 and 1994 c 261 s 22 are each amended to read as follows:
((Nothing in)) This
chapter ((applies)) does not apply to accepted husbandry
practices used in the commercial raising or slaughtering of livestock or
poultry, or products thereof or to the use of animals in the normal and usual
course of rodeo events or to the customary use or exhibiting of animals in
normal and usual events at fairs as defined in RCW 15.76.120.
NEW SECTION. Sec. 2. A new section is added to chapter 16.52 RCW to read as follows:
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "At any one time" means that the carcasses of three or more laying hens constituting three or more percent of the laying hens in a facility are present at the time an inspection of the facility is conducted.
(b) "Director" means the director of the department of agriculture or the director's representative.
(c) "Laying hen" means a female chicken kept for commercial egg production.
(2) An action that causes the death, at any one time, of three or more laying hens that constitute three or more percent of the laying hens in a facility is not an accepted husbandry practice used in the commercial raising of poultry or products thereof and is not exempted from this chapter. The director shall establish a program for conducting inspections of facilities in which one hundred or more laying hens are kept and has the authority to conduct the inspections. The director shall develop and maintain a list of facilities to be inspected from information the department of agriculture receives from persons licensed under chapter 69.25 RCW. The director shall conduct inspections under the program designed to identify instances in which, in the opinion of the director, a violation or violations of this chapter have caused the death of three percent or more of the laying hens in such a facility at any one time. To the degree practicable, the inspections must be unannounced. If the director finds evidence of such an excessive mortality rate as a result of one or more violations of this chapter, he or she shall record evidence of the violations and report the violations to the prosecuting attorney of the county in which the violation has occurred. This section may not be construed as providing exclusive authority to the director to investigate such a violation of this chapter regarding laying hens.
--- END ---