WSR 00-06-065

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed March 1, 2000, 8:34 a.m. ]

Date of Adoption: March 1, 2000.

Purpose: The purpose is to detail the livestock owners' responsibilities to present, confine and handle their animals and to furnish adequate facilities during disease testing.

Citation of Existing Rules Affected by this Order: Chapter 16-74 WAC, Livestock testing -- Duties of owners; repealing WAC 16-74-001 and 16-74-040; amending WAC 16-74-010, 16-74-020 and 16-74-030; and new section WAC 16-74-005.

Statutory Authority for Adoption: RCW 16.36.040.

Adopted under notice filed as WSR 00-03-069 on January 19, 2000.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 3, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 3, Repealed 2.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

February 24, 2000

Jim Jesernig

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