Sponsors: Representatives Linville and Schoesler; by request of Department of Agriculture.

Brief Summary of Substitute Bill

• Broadens the authority of the Director of Agriculture (Director) to quarantine an animal or its reproductive products for disease control and to conduct related tests, examinations, or inspections

• Authorizes the Director to apply to a court for a search warrant for access to conduct disease control tests, examinations, and inspections and to seize or destroy property.

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 13 members: Representatives Linville, Chair; Rockefeller, Vice Chair; Schoesler, Ranking Minority Member; Holmquist, Assistant Ranking Minority Member; Kristiansen, Assistant Ranking Minority Member; Chandler, Eickmeyer, Grant, Hunt, McDermott, Orcutt, Quall and Sump.

In 1998 legislation was enacted that substantially updated the state's animal health laws and granted the Director of Agriculture (Director) more uniform authority to control diseases in animals. Among other provisions, the 1998 legislation: expressly gives the Director the authority to issue "hold orders" for up to seven days for disease control and other purposes; grants the Director the authority to establish quarantines for the reproductive products (sperm, ova, and embryos) of animals; requires permits for importing animals with or exposed to reportable diseases; requires a person with livestock infected with or exposed to a transmissible spongiform brain disease to report it immediately; and broadens the types of animals held in quarantine that the Director may order destroyed for failure to abide by a written agreement with the State Veterinarian.

The Director of Agriculture (Director) may quarantine an animal or its reproductive products if there is reasonable cause to investigate whether they are affected with or have been exposed to disease. Overt disease or exposure to disease need not be immediately obvious.

The authority of the Director to enter premises to test or examine an animal when there is reasonable evidence of infection or exposure of an animal on the premises to a reportable disease is broadened. The Director has the authority to enter to conduct tests, examinations or inspections, not just of the animal, but for disease conditions. The Director may do so if there is reasonable cause to investigate whether animals on or that have been on the premises have been so infected or exposed. If disease or contamination is suspected, the Director may seize items that are necessary to conduct the tests, inspections, or examinations.

If the Director is denied access to the animal premises or the animals to conduct these tests, inspections, or examinations or if the animal owner fails to comply with an order of the Director, the Director may apply to a court of competent jurisdiction for a search warrant. The warrant may authorize access for conducting the tests, inspections, or examinations of an animal or the animal premises, or taking samples. It may also authorize the seizure or destruction of property.

The warrant is to be issued upon probable cause. It is sufficient probable cause to show a potential threat to the agricultural interests of this state or a potential threat which seriously endangers animals, human health, the environment, or public welfare. To show that access is denied, the Director must file with the court an affidavit or declaration containing a description of all attempts to notify and locate the owner or the owner's agent and to secure consent.

The authority of the Director to order the destruction of an animal held under quarantine if the owner fails to follow a herd or flock plan or to order, when the public welfare demands it, the destruction of an animal affected or exposed to disease is clarified. The destruction of an animal held in quarantine may also be ordered destroyed when the public welfare demands it.

The substitute bill no longer refers to the search warrant issued by the court as an administrative warrant and clarifies that the warrant is to be issued if the court finds probable cause.

Effective Date of Substitute Bill: The bill takes effect 90 days after adjournment of session in which bill is passed.

Testimony For: (1) The bill was developed last year to address contagious animal diseases such as exotic Newcastle disease. When the Washington State Department of Agriculture (WSDA) compared the problems the State of California faced in controlling the disease with this state's laws, it identified "holes" in our law's ability to respond to such a problem. The bill fills those holes. (2) The bill was brought to the Legislature at the request of the poultry industry.

Persons Testifying: (In support) Mary Beth Lang, Washington State Department of Agriculture; and Jay Gordon, Washington State Dairy Federation and Washington Fryer Commission.