BILL REQ. #:  S-3666.2 

Read first time 01/11/10.   Referred to Committee on Agriculture & Rural Economic Development.

     AN ACT Relating to livestock inspection; amending RCW 16.57.160 and 16.36.060; adding a new section to chapter 16.57 RCW; and adding a new section to chapter 16.36 RCW.

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

Sec. 1   RCW 16.57.160 and 2006 c 156 s 3 are each amended to read as follows:
     The director may adopt rules:
     (1) Designating any point for mandatory inspection of cattle or horses or the furnishing of proof that cattle or horses passing or being transported through the point have been inspected or identified and are lawfully being transported;
     (2) ((Providing for self-inspection of twenty-five head or less of cattle;
     (3))) Providing for issuance of individual horse and cattle identification certificates or other means of horse and cattle identification; and
     (((4))) (3) Designating the documents that constitute other satisfactory proof of ownership for cattle and horses. ((A bill of sale may not be designated as documenting satisfactory proof of ownership for cattle.))

NEW SECTION.  Sec. 2   A new section is added to chapter 16.57 RCW to read as follows:
     The director may charge a fee of twenty-five dollars for replacement copies of official brand inspection documents. The director may increase by rule the fee established in this section. The director may adopt rules governing issuing replacement official brand inspection documents.

NEW SECTION.  Sec. 3   A new section is added to chapter 16.36 RCW to read as follows:
     (1) A person may not bring an animal into this state without first having secured an official health certificate or certificate of veterinary inspection, reviewed by the state veterinarian of the state of origin, that the animal meets the health requirements of the state of Washington. The director may exempt animals from this requirement by rule.
     (2) Livestock imported into this state that are destined for immediate slaughter at a federally inspected slaughter facility where federal disease control standards are applied may enter this state without an official health certificate or certificate of veterinary inspection. The livestock must be delivered within twelve hours after entry to an approved, inspected feed lot for subsequent slaughter or to a federally inspected slaughter establishment. A person may not: (a) Divert the livestock en route to other than to an approved, inspected feed lot for subsequent slaughter; (b) sell the livestock for any purpose other than immediate slaughter; (c) fail to slaughter the livestock or deliver the livestock to a slaughter establishment or approved, inspected feed lot within twelve hours after entry; or (d) for livestock for sale for immediate slaughter, fail to deliver the livestock within twelve hours to a licensed public livestock market or fail to deliver the livestock to a slaughter establishment or approved, inspected feed lot within twelve hours after leaving the licensed public livestock market.
     (3) The director has the authority to monitor any livestock entering the state without an official health certificate or certificate of veterinary inspection. The director also has the authority to monitor any livestock entering the state under a permit requiring the livestock to be delivered to a federally inspected slaughter establishment, or to an approved, inspected feed lot for subsequent slaughter, or to another stated destination. Persons importing, transporting, receiving, feeding, or housing such livestock shall make the livestock and related records available for inspection by the director.
     (4) The department shall charge a time and mileage fee for inspection of livestock and records during an investigation of violations of this section. For purposes of this section, the time and mileage fee is eighty-five dollars per hour and the current mileage rate set by the office of financial management. The director may increase by rule the initial fees established in this section as necessary to cover costs of the investigations. All fees collected under this section shall be deposited in an account in the agricultural local fund and used to carry out the purposes of this chapter.
     (5) The director may adopt and enforce rules necessary to carry out the purpose and provisions of this section.

Sec. 4   RCW 16.36.060 and 2004 c 251 s 2 are each amended to read as follows:
     (1) The director has the authority to enter ((the animal premises of any animal owner)) a property at any reasonable time to conduct tests, examinations, or inspections ((for disease conditions)), to take samples, and to examine and copy records when there is reasonable cause to investigate whether animals on the ((premises)) property or that have been on the ((premises)) property are infected with or have been exposed to ((a reportable)) disease. It is unlawful for any person to interfere with the tests, inspections, or examinations, or to alter any segregation or identification systems made in connection with the tests, inspections, or examinations. ((When the director has determined that there is probable cause that there is a serious risk from disease or contamination, the director may seize those items necessary to conduct the tests, inspections, or examinations.))
     (2) The director has the authority to enter a property at any reasonable time to investigate: (a) Whether livestock on the property have been imported into this state in violation of import requirements of this chapter or rules adopted under this chapter or are in violation of the conditions of an import permit; or (b) whether livestock on the property have been imported without an official health certificate or certificate of veterinary inspection and are destined for immediate slaughter at a federally inspected slaughter facility or destined for an approved, inspected feed lot for subsequent slaughter. In the course of such an investigation, the director may conduct tests, examinations, and inspections, take samples, and examine and copy records. It is unlawful for any person to interfere with the tests, inspections, or examinations, or to alter any segregation or identification systems made in connection with the tests, inspections, or examinations.
     (3) If the director is denied access to ((the animal premises)) a property or ((the)) animals for the purposes ((of conducting tests, inspections, or examinations or the animal owner)) of this chapter or a person 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 to any animal or ((animal premises)) property at reasonable times for purposes of conducting tests, inspections, or examinations of any animal or ((animal premises, or)) property, examination and copying of records, and taking samples, and may authorize seizure or destruction of property. ((The warrant shall be issued upon probable cause being found by the court. 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.)) The court may upon such application, issue the search warrant for the purposes requested. To show that access is denied, the director shall 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.