SHB 1538 -
By Senators Schoesler, Shin, Delvin, Hatfield, Haugen, Becker, Honeyford, Hobbs
ADOPTED 04/07/2011
On page 1, after line 5 insert the following:
"Sec. 1 RCW 16.36.025 and 1998 c 8 s 19 are each amended to read
as follows:
The director may collect moneys to recover the reasonable costs of
purchasing, printing, and distributing ((certificates)) official
individual identification devices or methods, regulatory forms, and
other supplies ((to veterinarians)). All funds received under this
section must be deposited in the animal disease traceability account in
the agricultural local fund created in RCW 43.23.230 to cover the costs
associated with this chapter.
NEW SECTION. Sec. 2 A new section is added to chapter 16.36 RCW
to read as follows:
(1) The director shall adopt by rule a fee per head on cattle sold
or slaughtered in the state or transported out of the state to
administer animal disease traceability activities for cattle. The fee
must be paid by:
(a) Sellers of cattle sold in the state, without exception;
(b) Owners of cattle that are transported out of Washington, unless
an exception is provided by rule; and
(c) Owners of cattle slaughtered in the state.
(2) The fee adopted by the department may not exceed forty cents
per head of cattle.
(3)(a) Except where the seller presents proof that the fee has been
paid by a meat processor under (c) of this subsection, the fee required
in this section must be paid by the owner of cattle receiving a
livestock inspection issued by the department under chapter 16.57 RCW
in the same manner as livestock inspection fees are collected under RCW
16.57.220.
(b) The fee required in this section must be paid from the owner of
cattle not receiving a livestock inspection issued by the department
under chapter 16.57 RCW by the fifteenth day of the month following the
month the sale or transportation out of state occurred, or at a
different time as designated by rule.
(c) When cattle are slaughtered, the fee required by this section
must be collected from the seller of the cattle by the meat processor.
The meat processor must transmit the fee to the department by the
fifteenth day of the month following the month the transaction
occurred, or at a different time as designated by rule. When cattle
owned by a meat processor are slaughtered, the fee must be paid by the
meat processor.
(4) All fees received by the department under this section must be
deposited in the animal disease traceability account in the
agricultural local fund created in RCW 43.23.230 to carry out animal
disease traceability activities for cattle and to compensate the
livestock identification program for data and fee collection.
(5) Any person failing to pay the fee established in this section
has committed a class 1 civil infraction punishable as provided in RCW
7.80.120. Each violation is a separate and distinct offense.
NEW SECTION. Sec. 3 A new section is added to chapter 16.36 RCW
to read as follows:
By December 1st of each year, the department shall submit an
activity report and financial statement on the implementation of the
animal disease traceability activities to the animal disease
traceability advisory committee created in section 5 of this act.
Sec. 4 RCW 16.58.100 and 2003 c 326 s 54 are each amended to read
as follows:
(1) The director shall conduct audits of the cattle received, fed,
handled, and shipped by the licensee at each certified feed lot. These
audits shall be for the purpose of determining if the cattle correlate
with the inspection certificates issued in their behalf and that the
certificate of assurance furnished the director by the licensee
correlates with his or her assurance that inspected cattle were not
commingled with uninspected cattle.
(2) The department shall conduct an audit to determine compliance
with section 2 of this act at the time of conducting audits under
subsection (1) of this section.
NEW SECTION. Sec. 5 A new section is added to chapter 16.36 RCW
to read as follows:
(1) The director shall establish an animal disease traceability
advisory committee that will serve in an advisory capacity to the
director and must meet at least twice a year.
(2) The animal disease traceability advisory committee is composed
of eight members appointed by the director. Two members must represent
cow-calf producers, and one member must represent each of the following
groups: Cattle feeders, dairy farmers, public livestock markets, meat
processors, and a statewide agricultural association. The director or
the director's designee must also serve on the animal disease
traceability advisory committee. In making appointments, the director
shall solicit nominations from organizations representing these groups
statewide. The animal disease traceability advisory committee shall
elect a member to serve as chair of the animal disease traceability
advisory committee.
(3) Membership of the animal disease traceability advisory
committee may be expanded by a unanimous vote of its members.
(4) The animal disease traceability advisory committee must work
with the director to develop a plan to implement as quickly as
practicable the electronic transfer of traceability data.
(5) Animal disease traceability advisory committee members must
also work with the director to:
(a) Communicate effectively to their respective industry
associations as to the progress of the animal disease traceability
activities and to encourage the state's cattle industry to participate
in the animal disease traceability program;
(b) Utilize new technology within the department and industry that
enhances the animal disease traceability program within existing
funding;
(c) Study national industry trends in traceability of animal
movements and related animal health issues; and
(d) Discuss other matters as mutually agreed upon by the director
and the animal disease traceability advisory committee for the benefit
of the animal disease traceability program.
(6) Animal disease traceability advisory committee members serve
three-year terms. However, the director shall by rule provide shorter
initial terms for some of the members of the animal disease
traceability advisory committee to stagger the expiration of the
initial terms. The members serve without compensation.
Sec. 6 RCW 16.36.005 and 2010 c 66 s 1 are each reenacted and
amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Animal" means all members of the animal kingdom except humans,
fish, and insects. However, "animal" does not mean noncaptive wildlife
as defined in RCW 77.08.010, except as used in RCW 16.36.050(1) and
16.36.080 (1), (2), (3), and (5).
(2) "Animal reproductive product" means sperm, ova, fertilized ova,
and embryos from animals.
(3) "Certificate of veterinary inspection" means a legible
veterinary health inspection certificate on an official electronic or
paper form from the state of origin or from the animal and plant health
inspection service (APHIS) of the United States department of
agriculture, executed by a licensed and accredited veterinarian or a
veterinarian approved by the animal and plant health inspection
service. "Certificate of veterinary inspection" is also known as an
"official health certificate."
(4) "Communicable disease" means a disease due to a specific
infectious agent or its toxic products transmitted from an infected
person, animal, or inanimate reservoir to a susceptible host, either
directly or indirectly through an intermediate plant or animal host,
vector, or the environment.
(5) "Contagious disease" means a communicable disease that is
capable of being easily transmitted from one animal to another animal
or a human.
(6) "Department" means the department of agriculture of the state
of Washington.
(7) "Deputized state veterinarian" means a Washington state
licensed and accredited veterinarian appointed and compensated by the
director according to state law and department policies.
(8) "Director" means the director of the department or his or her
authorized representative.
(9) "Farm-raised fish" means fish raised by aquaculture as defined
in RCW 15.85.020. Farm-raised fish are considered to be a part of
animal agriculture; however, disease inspection, prevention, and
control programs and related activities for farm-raised fish are
administered by the department of fish and wildlife under chapter
77.115 RCW.
(10) "Garbage" means the solid animal and vegetable waste and offal
together with the natural moisture content resulting from the handling,
preparation, or consumption of foods in houses, restaurants, hotels,
kitchens, markets, meat shops, packing houses and similar
establishments or any other food waste containing meat or meat
products.
(11) "Herd or flock plan" means a written management agreement
between the owner of a herd or flock and the state veterinarian, with
possible input from a private accredited veterinarian designated by the
owner and the area veterinarian-in-charge of the United States
department of agriculture, animal and plant health inspection service,
veterinary services in which each participant agrees to undertake
actions specified in the herd or flock plan to control the spread of
infectious, contagious, or communicable disease within and from an
infected herd or flock and to work toward eradicating the disease in
the infected herd or flock.
(12) "Hold order" means an order by the director to the owner or
agent of the owner of animals or animal reproductive products which
restricts the animals or products to a designated holding location
pending an investigation by the director of the disease, disease
exposure, well-being, movement, or import status of the animals or
animal reproductive products.
(13) "Infectious agent" means an organism including viruses,
rickettsia, bacteria, fungi, protozoa, helminthes, or prions that is
capable of producing infection or infectious disease.
(14) "Infectious disease" means a clinical disease of humans or
animals resulting from an infection with an infectious agent that may
or may not be communicable or contagious.
(15) "Livestock" means horses, mules, donkeys, cattle, bison,
sheep, goats, swine, rabbits, llamas, alpacas, ratites, poultry,
waterfowl, game birds, and other species so designated by statute.
"Livestock" does not mean free ranging wildlife as defined in Title 77
RCW.
(16) "Person" means a person, persons, firm, or corporation.
(17) "Quarantine" means the placing and restraining of any animal
or its reproductive products by the owner or agent of the owner within
a certain described and designated enclosure or area within this state,
or the restraining of any animal or its reproductive products from
entering this state, as may be directed in an order by the director.
(18) "Reportable disease" means a disease designated by rule by the
director as reportable to the department by veterinarians and others
made responsible to report by statute.
(19) "Veterinary biologic" means any virus, serum, toxin, and
analogous product of natural or synthetic origin, or product prepared
from any type of genetic engineering, such as diagnostics, antitoxins,
vaccines, live microorganisms, killed microorganisms, and the antigenic
or immunizing components intended for use in the diagnosis, treatment,
or prevention of diseases in animals.
(20) "Meat processors" means a person licensed to operate a
slaughtering establishment under chapter 16.49 RCW or the federal meat
inspection act (21 U.S.C. Sec. 601 et seq.).
(21) "Sold" means sale, trade, gift, barter, or any other action
that constitutes a change of ownership.
Sec. 7 RCW 43.23.230 and 1988 c 254 s 1 are each amended to read
as follows:
(1) The agricultural local fund is hereby established in the
custody of the state treasurer. The fund shall consist of such money
as is directed by law for deposit in the fund, and such other money not
subject to appropriation that the department authorizes to be deposited
in the fund. Any money deposited in the fund, the use of which has
been restricted by law, may only be expended in accordance with those
restrictions. The department may make disbursements from the fund.
The fund is not subject to legislative appropriation.
(2) There is created within the agricultural local fund the animal
disease traceability account which must be used to account for the
costs associated with the implementation of chapter 16.36 RCW."
Renumber the remaining sections consecutively and correct any internal references accordingly.
SHB 1538 -
By Senators Schoesler, Shin, Delvin, Hatfield, Haugen, Becker, Honeyford, Hobbs
ADOPTED 04/07/2011
On page 1, line 1 of the title, after "RCW" insert "16.36.025, 16.58.100, 43.23.230,"
On page 1, line 3 of the title, after "16.57.360;" insert "reenacting and amending RCW 16.36.005; adding new sections to chapter 16.36 RCW;"
EFFECT: Establishes a fee, up to forty cents per head of cattle, to be paid to the Washington state department of agriculture (WSDA) on all cattle sold, slaughtered, or transported out of the state to be used by the WSDA for the administration of animal disease traceability programs; creates the animal disease traceability advisory committee to advise the WSDA; requires reports and audits by the WSDA; and creates a new account within the agricultural local fund.