WSR 00-03-069

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed January 19, 2000, 8:33 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-24-108.

Title of Rule: Chapter 16-74 WAC, Livestock testing -- Duties of owners.

Purpose: The purpose of chapter 16-74 WAC is to detail the livestock owner's responsibilities to present, confine and handle their animals and to furnish adequate facilities during disease testing.

Statutory Authority for Adoption: RCW 16.36.040.

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

Summary: Changes add definitions, modernizes the language and includes all livestock, not just cattle.

Reasons Supporting Proposal: Modernizes the chapter and provides definitions.

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 Cattle Feeders Association, Washington Cattlemen's Association, Washington State Dairy Federation, Washington Sheep Producers, Washington Pork Producers, Northwest Egg Producers Cooperative Association, USDA-APHIS, VS., private and governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Since language is only 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 16-74 WAC is to detail the owner's responsibilities when their livestock is being tested. This protects animal and public health in Washington state and creates safer working/handling conditions for the testers and the livestock.

Proposal Changes the Following Existing Rules: Changes and definitions and modernizing the language. The changes also include all livestock, not just cattle.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The changes merely modernize language, so 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 1:15 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) 902-2087, by February 22, 2000.

Date of Intended Adoption: March 1, 2000.

January 12, 2000

Candance Jacobs

Assistant Director

OTS-2706.2


NEW SECTION
WAC 16-74-005
Definitions.

(1) "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.

(2) "Contagious disease" means a communicable disease that is capable of being easily transmitted from one animal to another animal or a human.

(3) "Director" means the director of agriculture of the state of Washington or his or her authorized representative.

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

(5) "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.

(6) "Livestock" means horses, mules, donkeys, cattle, bison, sheep, goats, swine, rabbits, llamas, alpacas, ratites, poultry, waterfowl, game birds and other species designated by statute. "Livestock" does not mean free ranging wildlife as defined in Title 77 RCW.

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AMENDATORY SECTION(Amending Order 776, Regulation 1, effective 5/26/58)

WAC 16-74-010
Presenting and confining ((cattle)) livestock for testing.

Livestock owners ((shall be)) are required to present and confine their ((cattle)) livestock when ((such cattle)) they are to be tested for ((tuberculosis and/or brucellosis or)) any infectious, communicable or contagious disease((, such confinement and presentment)). The accessibility and confinement of the livestock are to be in a manner and at ((such)) reasonable times as prescribed by the director ((of agriculture)).

[Order 776, Regulation 1, effective 5/26/58.]


AMENDATORY SECTION(Amending Order 776, Regulation 2, effective 5/26/58)

WAC 16-74-020
Facilities.

Owners must furnish adequate facilities to assure convenient and safe procedures in conducting ((such)) all tests((, which facilities may be required to)). The required facilities may include corrals, chutes, stanchions and/or squeeze chutes as deemed necessary by the director or his duly authorized representative ((or inspector in any given instance)).

[Order 776, Regulation 2, effective 5/26/58.]


AMENDATORY SECTION(Amending Order 776, Regulation 3, effective 5/26/58)

WAC 16-74-030
Handling.

All handling of ((cattle)) livestock for the purpose of testing, sampling or drawing of blood samples ((shall be)) is the responsibility of the owner.

[Order 776, Regulation 3, effective 5/26/58.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 16-74-001 Promulgation.
WAC 16-74-040 Penalty.

Washington State Code Reviser's Office