(1) The following penalty schedule will be used for violations of Washington state animal health laws and rules, including chapter
16.36 RCW and the rules adopted under that statute. The level of civil penalty is determined by the number of prior civil penalties the person has received in the past ten years excluding notices of correction.
Violation | Procedural Violations | Disease Violations |
First | $150.00 | | $250.00 | |
Second | $350.00 | | $650.00 | |
Third and subsequent | $1,000.00 | | $1,000.00 | |
(2) Procedural violations: A "procedural violation" is a violation of the administrative functions associated with state import regulations where the violation did not cause a threat to Washington state's livestock industry. Procedural violations include but are not limited to violations of the following statutes and rules:
WAC
16-54-030 Certificate of veterinary inspection, and entry permit requirements.
WAC
16-54-032 Certificate of veterinary inspection
—Required information.
WAC
16-54-082 Domestic bovine animals
—Importation requirements.
WAC
16-54-160 Birds other than poultry
—Importation and testing requirements.
WAC
16-54-180 Wild and exotic animals and birds
—Importation and testing requirements.
Chapter
16-74 WAC Livestock testing
—Duties of owners.
(3) Disease violations: A "disease violation" is a violation of animal health statute and rules that cause a threat to Washington state's livestock industry and include the failure to obtain required testing and vaccinations prior to entry into Washington state. Disease violations include, but are not limited to, violations of the following statutes and rules:
RCW
16.36.105 Swine, garbage feeding, license
—Application
—Fee
—Inspection.
Chapter
16-25 WAC Disposal of dead livestock.
Chapter
16-42 WAC Biological products.
WAC
16-54-025 Transporting livestock
—Sanitary requirements.
WAC
16-54-028 Testing procedure requirements.
WAC
16-54-068(4) - proof of current rabies vaccination.
WAC
16-54-071 Domestic equine and equine reproductive products
—Importation requirements.
WAC
16-54-083 Domestic and foreign bovine brucellosis requirements.
WAC
16-54-085 Domestic bovine tuberculosis requirements.
WAC
16-54-086 Bovine trichomoniasis requirements.
WAC
16-54-090 Goats
—Importation and testing requirements.
WAC
16-54-101 Sheep
—Importation and testing requirements.
WAC
16-54-111 Swine
—Importation and testing requirements.
WAC
16-54-145 Poultry and game birds, including ratites
—Importation and testing requirements.
Chapter
16-59 WAC Avian diseases in Washington state.
Chapter
16-70 WAC Animal disease
—Reporting.
Chapter
16-71 WAC Equine infectious anemia.
WAC
16-86-015 Change of ownership requirements for cattle and bison in Washington.
WAC
16-86-026 Brucellosis testing requirements for raw milk dairies.
WAC
16-86-110 Q fever testing requirements for raw milk dairies.
WAC
16-86-130 Cattle used in rodeo or timed events.
WAC
16-86-140 Tuberculosis testing requirements for raw milk dairies.
WAC
16-89-022 Scrapie identification of sheep and goats.
WAC
16-89-090 Destruction and disposal of scrapie infected animals or flocks.
WAC
16-89-150 Brucellosis testing for sheep and goat dairies.
WAC
16-89-170 Q fever testing requirements for sheep and goat dairies.
WAC
16-89-180 Tuberculosis testing for goat dairies.
(4) A one thousand dollar civil penalty will be issued regardless of the number of prior violations for a violation of the following:
(a) Chapter
16-30 WAC Restricted feedlots and restricted holding facilities;
(b) WAC
16-54-071 (13) and (14) - Piroplasmosis;
(c) WAC
16-54-111 Swine
—Importation and testing requirements;
(d) WAC
16-54-180 Wild and exotic animals and birds
—Importation and testing requirements;
(e) WAC
16-80-015 Sale of quarantined animals;
(g) WAC
16-80-047 Mandatory reporting of suspected pseudorabies;
(h) Importation of a foreign animal disease or "transboundary" diseased animal. A transboundary animal disease is a disease that has been eradicated within the borders of the United States that would cause an economic loss if detected; and
(i) All quarantine and hold order violations under chapter
16.36 RCW. The department may assess a civil penalty for these violations without first issuing a notice of correction in accordance with RCW
43.05.110.
(5) Mitigating factors: The department reserves the right to decrease the civil penalty assessed for a violation by up to one hundred dollars in circumstances that include, but are not limited to, voluntary disclosure of a violation, or voluntary taking of remedial measures that would result in increased public protection and a decreased likelihood that the violation will be repeated.
(6) Aggravating factors: The department reserves the right to increase the civil penalty assessed for a violation by up to five hundred dollars, not to exceed one thousand dollars per violation. Circumstances may include, but are not limited to, situations where the violator knowingly commits a violation, where the civil penalty assessed is not substantially equivalent to the violator's economic benefit derived from the violation, the high magnitude of the harm, or potential harm to humans, animals, or property caused by the violation, the similarity of the current alleged violation to previous violations committed within the past ten years, or the extent to which the alleged violation is part of a pattern of the same or substantially similar conduct.