BILL REQ. #:  S-4228.1 

Read first time 01/27/2004.   Referred to Committee on Agriculture.

     AN ACT Relating to the disposal of animals; adding a new chapter to Title 16 RCW; creating a new section; prescribing penalties; providing an expiration date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   (1) An interagency work group shall be formed by the departments of health, agriculture, and ecology. The purpose of the work group is to develop a comprehensive state policy on proper methods of disposing of animal carcasses that protect other animals and humans. The interagency work group shall seek the involvement of local health departments, other state and federal agencies that have an interest or expertise in issues to be reviewed, university scientists, and affected constituency groups. In developing the comprehensive state policy, the interagency work group shall include a review of existing rules for their adequacy in protecting public health and animal health from possible transmission of diseases including but not limited to various forms of transmissible spongiform encephalopathies. Furthermore, the possible vectors of disease transmission shall be examined including air, land, water, birds, and scavengers.
     (2) The review shall include an evaluation of any existing or proposed federal regulations and draft technical guides. References to federal regulations and guidance documents may be included in the state policy and the work group shall strive for a high degree of consistency between jurisdictions. Additionally, the interagency work group shall review RCW 16.68.020, WAC 246-203-120(3), and guidance from the United States department of agriculture.
     (3) The interagency work group shall include an education component that will provide information and technical guidance to governmental entities, animal owners, and the public on how to comply with the state policy and associated rules.
     (4) The interagency work group shall report to the legislature any statutes that need to be amended to carry out this policy and to recommend adjustment to any inconsistent policies.
     (5) The interagency work group shall provide a written report to the legislature by December 15th of each year that summarizes the actions of the work group and its findings and recommendations.
     (6) This section expires December 31, 2005.

NEW SECTION.  Sec. 2   If federal requirements are found to be insufficient, the department of health, after consulting the interagency work group's state policy as reported under section 1 of this act, shall, as necessary, adopt rules that provide for the proper treatment and disposal of any animal that is tested positive for transmissible spongiform encephalopathy. The rules may differentiate between the method of treatment and disposal of various types of transmissible spongiform encephalopathies based on the scientific differences between the diseases and the risk that each pose to other animals and to humans.

NEW SECTION.  Sec. 3   The department of ecology, after consulting the interagency work group's state policy as reported under section 1 of this act, shall review and, as necessary, adopt additional minimum standards that landfills must meet to accept animal carcasses. In developing the standards, the department shall take into consideration whether animals to be disposed of may carry various types of diseases.

NEW SECTION.  Sec. 4   The department of agriculture, after consulting the interagency work group's state policy as reported under section 1 of this act and the state conservation commission, shall review and, as necessary, adopt standards that provide for the proper on-site disposal of carcasses of livestock as defined in RCW 16.50.110 by the owner which may be more restrictive than those provided in RCW 16.68.020. The department shall take into consideration whether livestock to be disposed of may carry various types of diseases.

NEW SECTION.  Sec. 5   A person who violates rules adopted under this chapter is guilty of a misdemeanor punishable under RCW 9A.20.021.

NEW SECTION.  Sec. 6   Sections 2 through 5 of this act constitute a new chapter in Title 16 RCW.

NEW SECTION.  Sec. 7   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.