WSR 00-03-068

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed January 19, 2000, 8:30 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-24-109.

Title of Rule: Chapter 16-80 WAC, Pseudorabies in swine.

Purpose: The purpose of chapter 16-80 WAC is to detail rules for control, surveillance and eradication of an important swine disease and to protect animal and public health in Washington state.

Statutory Authority for Adoption: RCW 16.36.040.

Statute Being Implemented: RCW 16.36.010, [16.36.]020, [16.36.]040, [16.36.]050, [16.36.]060, [16.36.]090, [16.36.]096, and [16.36.]100.

Summary: Changes add definitions, modernizes the language and makes technical corrections. Changes clarify the surveillance program, quarantine and release procedures, disaffection, indemnity, vaccination, identification of swine and mandatory reporting of suspected pseudorabies.

Reasons Supporting Proposal: Modernizes the chapter, provides definitions, removes unnecessary language and makes technical corrections in terminology and testing methods.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kathleen M. Connell, DVM, 1111 Washington Street, Olympia, WA 98504-2577, (360) 902-1835.

Name of Proponent: Washington State Department of Agriculture, Washington State University College of Veterinary Medicine, Agricultural Animal Health Program Advisory Board, Washington Pork Producers, and USDA-APHIS, VS area office, private and governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Generally, since language is being modernized, there is little change.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of chapter 16-80 WAC is to detail rules necessary for control, surveillance and eradication of an important swine disease and to protect animal and public health in Washington state. Washington state achieved its Pseudorabies Free or Stage V status in 1993 and has maintained that status since that time. Rules are necessary for surveillance and emergency situations. The federal government relies on state personnel for quarantine and investigative authorities, except in a declared animal health emergency. The chapter clarifies requirements to control and prevent the introduction of this disease into the state.

Proposal Changes the Following Existing Rules: Changes add definitions, modernizes the language and makes technical corrections in terminology and testing methods. The changes clarify requirements to control and prevent the introduction of pseudorabies into the state.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Generally, because only the language is being modernized, the overall impact of these changes is fiscally neutral. The regulatory burden on small agriculture businesses stays the same.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Natural Resources Building, 1st Floor, Cafeteria Conference Room, 1111 Washington Street, Olympia, WA 98504-2577, on February 22, 2000, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Mary Frazee by February 22, 2000, TDD (360) 902-1996.

Submit Written Comments to: Kathleen M. Connell, DVM, Assistant State Veterinarian, P.O. Box 42577, Olympia, WA 98504-2577, fax (360) 902-1835, by February 22, 2000.

Date of Intended Adoption: March 1, 2000.

January 12, 2000

Candace A. Jacobs

Assistant Director

OTS-2758.1


AMENDATORY SECTION(Amending WSR 91-08-027, filed 3/29/91, effective 4/29/91)

WAC 16-80-005
Definitions.

((For the purpose of this chapter:))

(1) "Director" means the director of agriculture of the state of Washington or his ((duly)) or her authorized representatives.

(2) "Department" means the ((Washington state)) department of agriculture of the state of Washington.

(3) "Approved pseudorabies vaccine" means only those biological products that are approved by and produced under license of the United States Department of Agriculture (USDA) for injection into swine for the purpose of enhancing their resistance to pseudorabies, are ((a)) specific gene deletion vaccines and are authorized for use in a specific herd by the state veterinarian.

(4) "Official identification" means a USDA issued backtag or ((a metal)) an eartag bearing state identification and a unique number.

(5) "Pseudorabies infected herd" means a herd of swine in which ((the disease)) pseudorabies has been diagnosed ((positive)) in one or more animals by the National Veterinary Service Laboratory (NVSL) or a state laboratory ((which can conduct the serum neutralization)) approved by USDA to conduct official pseudorabies tests.

(6) "Expose" means to ((lay open)) have contact with an animal ((or group of animals to risk of infection by)) infected with the pseudorabies virus.

(7) "Pseudorabies" means a contagious, infectious and communicable disease caused by a herpesvirus that affects swine and other animals.

(8) "Official pseudorabies test" means a test for the diagnosis of pseudorabies conducted in a USDA-approved laboratory. These tests include, but are not limited to, serum neutralization (SN), virus isolation, fluorescent antibody, latex agglutination, particle concentration fluorescence immunoassay (PCFIA) and enzyme-linked immunosorbent assay (ELISA).

[Statutory Authority: RCW 16.36.040 and 16.36.096. 91-08-027, 16-80-005, filed 3/29/91, effective 4/29/91.]


AMENDATORY SECTION(Amending WSR 91-08-027, filed 3/29/91, effective 4/29/91)

WAC 16-80-007
Surveillance program.

All swine blood submitted to the ((federal-state animal health)) department's laboratory for brucellosis testing will be ((also)) tested for pseudorabies by the latex agglutination test. Samples ((which are)) positive on the latex agglutination test will be further tested by the enzyme linked ((immunosorbant)) immunosorbent assay (ELISA) and serum neutralization (SN) tests. The ELISA or SN tests must show positive results before classifying the sample as positive. An epidemiological investigation will be initiated for each positive sample and an attempt will be made to trace such a sample to the herd of origin. Area testing will be done on all swine herds within a five mile radius of any infected premises. Trace forward and trace backward testing will be done in all herds which may have bought animals from or sold animals to the infected herd within a twenty-four month period prior to discovery of the infection.

[Statutory Authority: RCW 16.36.040 and 16.36.096. 91-08-027, 16-80-007, filed 3/29/91, effective 4/29/91.]


AMENDATORY SECTION(Amending WSR 91-08-027, filed 3/29/91, effective 4/29/91)

WAC 16-80-010
Quarantine.

All swine herds ((that are)) infected with or exposed to pseudorabies ((shall)) will be quarantined and officially tested for pseudorabies. If the owner of any such swine herd refuses to allow the department to test ((for the above disease)), the swine herd and the premises on which they are quarantined ((shall)) will remain quarantined until released under WAC 16-80-020, RCW 16.36.010 or ((RCW 16.36.030)) 16.36.020. No animal or products of such animals ((shall)) will be removed from the premises while they are under quarantine except as provided in RCW ((16.36.030)) 16.36.010 or 16.36.020.

[Statutory Authority: RCW 16.36.040 and 16.36.096. 91-08-027, 16-80-010, filed 3/29/91, effective 4/29/91.]


AMENDATORY SECTION(Amending WSR 91-08-027, filed 3/29/91, effective 4/29/91)

WAC 16-80-015
Sale of quarantined animals.

((No person shall offer for sale any)) Swine from a pseudorabies quarantined herd cannot be offered for sale, except for ((other than)) immediate slaughter((: Provided, however, That)). Such swine ((shall)) can only be moved from the pseudorabies quarantined herd when accompanied by an official federal form ((number)) VS1-27 ((filled out)) completed and signed by a federal or state veterinarian.

[Statutory Authority: RCW 16.36.040 and 16.36.096. 91-08-027, 16-80-015, filed 3/29/91, effective 4/29/91.]


AMENDATORY SECTION(Amending WSR 91-08-027, filed 3/29/91, effective 4/29/91)

WAC 16-80-020
Quarantine and release.

Any herd of swine in which pseudorabies positive animals are found will be quarantined. The quarantine will be released when the entire quarantined herd has successfully completed Plan A (test and removal), Plan B (offspring segregation), ((or)) Plan C (depopulation - repopulation) ((as described in "Swine Pseudorabies Eradication Guidelines," prepared and published by the pseudorabies committee, Livestock Conservation Institute)), or any plan listed in Pseudorabies Eradication State-Federal-Industry Program Standards, APHIS Document 91-55-041, effective January 1, 1998. Plan C will be the plan of choice if the state-wide herd infection rate is less than 0.1% of total number of state herds. The plan used will be determined by mutual agreement between the herd owner or ((their)) his or her veterinarian ((if so)) designated by the owner and the state veterinarian.

[Statutory Authority: RCW 16.36.040 and 16.36.096. 91-08-027, 16-80-020, filed 3/29/91, effective 4/29/91.]


AMENDATORY SECTION(Amending WSR 91-08-027, filed 3/29/91, effective 4/29/91)

WAC 16-80-025
Disinfecting premises.

All barns, feed troughs, water tanks, feeding platforms, farrowing houses, and dry lots where a pseudorabies infected herd has been held must be thoroughly cleaned and disinfected within fifteen days after all infected swine have been removed. Recommended disinfectants are: Orthophenolphenate compounds, phenolic compounds, 2% ((Na)) sodium hydroxide, ((TriNaP04)) trisodium phosphate, chlorhexidine.

[Statutory Authority: RCW 16.36.040 and 16.36.096. 91-08-027, 16-80-025, filed 3/29/91, effective 4/29/91.]


AMENDATORY SECTION(Amending WSR 91-08-027, filed 3/29/91, effective 4/29/91)

WAC 16-80-030
Disinfecting vehicles.

(((1))) When a vehicle is used to transport pseudorabies infected animals or pseudorabies exposed animals from a pseudorabies quarantined herd, the vehicle ((shall)) must be cleaned and disinfected immediately following the unloading of the last animal of each ((such)) load. The destination of ((such)) infected or exposed swine ((shall)) must be equipped with department approved facilities to clean and disinfect vehicles.

(((2) Upon completion)) Written approval will be issued after inspection of the cleaning and disinfection of the vehicle((, approval of the adequacy of the cleaning and disinfection shall be obtained in writing)). This approval must be obtained from a state or federal ((animal health employee)) veterinarian or registered veterinary technician or from ((an authorized representative of)) the director ((of agriculture on a form approved by the director)).

[Statutory Authority: RCW 16.36.040 and 16.36.096. 91-08-027, 16-80-030, filed 3/29/91, effective 4/29/91.]


AMENDATORY SECTION(Amending WSR 91-08-027, filed 3/29/91, effective 4/29/91)

WAC 16-80-035
Indemnity for pseudorabies infected or exposed swine.

((As provided under RCW 16.36.096,)) The director ((of agriculture)) may order the slaughter or destruction of any swine affected with or exposed to pseudorabies. The state veterinarian must approve the disposal methods of those swine destroyed. Subject to the availability of sufficient funds, the director may pay an indemnity for any swine ordered slaughtered or destroyed. When the indemnity is approved, the amount that will be paid is one hundred dollars for any sow past fifty days pregnant or with suckling piglets, fifty dollars for boars and open sows or sows less than fifty days pregnant, and fifty dollars for breeding gilts over two hundred fifty pounds live weight. An indemnity of up to ((fifty)) seventy-five percent of appraised value of feeding stock will be paid when destroyed rather than slaughtered.

No indemnity will be paid if:

(1) The state-wide infection rate exceeds 0.1% of total swine herds in the state; or

(2) The swine belong to the federal government or any of its agencies, this state or any of its political subdivisions ((thereof)) or any municipal corporations; or

(3) The swine were brought into this state within six months of being ordered slaughtered or destroyed.

[Statutory Authority: RCW 16.36.040 and 16.36.096. 91-08-027, 16-80-035, filed 3/29/91, effective 4/29/91.]


AMENDATORY SECTION(Amending WSR 91-08-027, filed 3/29/91, effective 4/29/91)

WAC 16-80-040
Vaccination.

No pseudorabies vaccine may be used in the state ((of Washington)) except when the use of an approved pseudorabies vaccine is specifically authorized in writing by the state veterinarian for use in a pseudorabies infected herd under pseudorabies eradication Plan A (test and removal). Only gene delected vaccines with a corresponding specific laboratory test will be authorized.

[Statutory Authority: RCW 16.36.040 and 16.36.096. 91-08-027, 16-80-040, filed 3/29/91, effective 4/29/91.]


AMENDATORY SECTION(Amending WSR 91-08-027, filed 3/29/91, effective 4/29/91)

WAC 16-80-045
Identification of swine.

Boars and sows moving through livestock auction yards or collection facilities in intrastate commerce must be tagged with official identification. All swine moving in interstate commerce must be identified in compliance with federal regulation 9 CFR 71.19 a & b.

[Statutory Authority: RCW 16.36.040 and 16.36.096. 91-08-027, 16-80-045, filed 3/29/91, effective 4/29/91.]


AMENDATORY SECTION(Amending WSR 91-08-027, filed 3/29/91, effective 4/29/91)

WAC 16-80-047
Mandatory reporting of suspected pseudorabies.

Pseudorabies is a reportable disease under WAC 16-70-010 and must be reported to the department immediately by persons licensed to practice veterinary medicine in the state ((of Washington as required by WAC 16-70-010)). Additionally, laboratories and swine producers ((are hereby required to)) must report to the director ((of agriculture or his authorized representative the discovery of)) the existence or suspected existence of pseudorabies infection among ((domestic)) swine within the state. This report ((shall)) will be ((immediate ()) immediately made by telephone or FAX on the day ((discovered))) infection is diagnosed or suspected. Veterinarians, laboratories and swine producers are to make this report to the office of the state veterinarian((, telephone number (206) 753-5040, FAX (206) 753-3700)).

[Statutory Authority: RCW 16.36.040 and 16.36.096. 91-08-027, 16-80-047, filed 3/29/91, effective 4/29/91.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 16-80-050 Criminal penalty -- Civil injunction.

Washington State Code Reviser's Office