READ FIRST TIME 02/09/04.   

     AN ACT Relating to the disposal of animals; amending RCW 16.68.020; creating new sections; 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 to develop a comprehensive state policy on proper methods for disposing of animal carcasses in a manner that protects other animals and humans.
     (2) In developing the state policy, the interagency work group shall include the involvement of:
     (a) Local health departments;
     (b) Other state and federal agencies that have an interest or expertise in the issues to be reviewed by the work group;
     (c) University scientists;
     (d) Representatives of meat processors;
     (e) Representatives of animal feeding operations; and
     (f) Other affected constituency groups.
     (3) In developing the comprehensive state policy, the interagency work group shall:
     (a) 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;
     (b) Examine the possible vectors of disease transmission including air, land, water, birds, and scavengers;
     (c) Evaluate any applicable existing or proposed federal regulations and applicable draft technical guides, including, but not limited to, RCW 16.68.020, WAC 246-203-120(3), and guidance from the United States department of agriculture; and
     (d) Develop an educational 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 comprehensive state policy may include references to federal regulations and guidance documents, and the work group shall strive for a high degree of consistency between jurisdictions.
     (5) The interagency work group shall provide a written report to the appropriate standing committees of the legislature by December 17, 2004, and December 16, 2005, that summarizes the actions of the work group and its findings and recommendations, including any recommendations for legislation to amend statutes that are necessary to implement the state policy developed under this section or to adjust any inconsistent state policies.

Sec. 2   RCW 16.68.020 and 1949 c 100 s 2 are each amended to read as follows:
     ((Every)) (1) Except as provided by the department of agriculture in emergency rules adopted pursuant to section 3 of this act, a person owning or having in charge ((any)) an animal that has died or been killed on account of disease shall immediately bury the carcass ((thereof)) of the animal to such a depth that no part of the carcass shall be nearer than three feet from the surface of the ground.
     (2) Any animal found dead shall be presumed to have died from and on account of disease.

NEW SECTION.  Sec. 3   Until December 30, 2005, the department of agriculture may issue emergency rules for the disposal of diseased animal carcasses that are supplemental to, or contrary to, RCW 16.68.020, if the director of the department of agriculture deems that such rules are appropriate for the disposal of a large number of animals.

NEW SECTION.  Sec. 4   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2004, in the omnibus appropriations act, this act is null and void.

NEW SECTION.  Sec. 5   This act expires December 30, 2005.

NEW SECTION.  Sec. 6   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.