Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-12-081.

     Title of Rule and Other Identifying Information: Chapter 16-86 WAC, Cattle and bison diseases in Washington state.

     Hearing Location(s): Natural Resources Building, 1111 Washington Street S.E., First Floor, Conference Room 175, Olympia, WA 98504, on September 6, 2012, at 1:00 p.m.; and at Central Washington University, 1007 North Chestnut, Block Hall, Meeting Room 150, Ellensburg, WA 98926, on September 7, 2012, at 1:00 p.m.

     Date of Intended Adoption: October 5, 2012.

     Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504-2560, e-mail WSDARulesComments@agr.wa.gov, fax (360) 902-2092, by 5:00 p.m., September 7, 2012.

     Assistance for Persons with Disabilities: Contact WSDA receptionist by August 31, 2012, TTY (800) 833-6388 or 711.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department proposes to amend chapter 16-86 WAC to change the official mature RB-51 Brucella vaccination dosage from 0.25cc to a full dose of the RB-51 Brucella vaccine. The department is proposing to clarify and simplify the definitions within WAC 16-86-005 and add a weight limit of a bull to the definition of "virgin bull."

     The department is also proposing to add new section WAC 16-86-114 outlining the trichomoniasis requirements for bulls presented for sale at a public livestock market.

     Reasons Supporting Proposal: New research is casting doubt on the effective protection provided with the 0.25cc dose of the RB-51 vaccine. Amending this chapter will provide confidence with our neighboring trading partners that Washington cattle are protected against brucellosis and movement restrictions in the event of exposure are not required.

     Adding a new section outlining the trichomoniasis testing requirements at public livestock markets will help clarify when a trichomoniasis test is required.

     Statutory Authority for Adoption: RCW 16.36.040 and chapter 34.05 RCW.

     Statute Being Implemented: Chapter 16.36 RCW.

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

     Name of Proponent: Washington state department of agriculture, governmental.

     Name of Agency Personnel Responsible for Drafting: Jodi Jones, Olympia, (360) 902-1889; Implementation and Enforcement: Leonard E. Eldridge, DVM, Olympia, (360) 902-1881.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030 (1)(a) requires that an agency prepare a small business economic impact statement (SBEIS) for proposed rules that impose a more than minor cost on businesses in an industry. The department has analyzed the economic effects of the proposed revisions and has concluded that they are negligible costs on the regulated industry and, therefore, a formal SBEIS is not required.

     A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).

August 1, 2012

Leonard E. Eldridge

State Veterinarian

OTS-4928.1

AMENDATORY SECTION(Amending WSR 10-20-093, filed 9/30/10, effective 10/31/10)

WAC 16-86-005   Definitions.   In addition to the definitions found in RCW 16.36.005, the following definitions apply to this chapter:

     "Accredited veterinarian" means a veterinarian licensed to practice veterinary medicine, surgery, and dentistry in the state of Washington and approved by the United States Department of Agriculture (USDA) Veterinary Services to participate in state-federal cooperative programs.

     "Adult vaccination tattoo" means a tattoo in the right ear with the letters RAV followed by the last digit of the year in which the vaccination was administered with RB-51 Brucella vaccine. An example is RAV2 for an adult vaccinated in 2012.

     "Breed registry tattoo" means individual registry tattoos issued by breed associations.

     "Brucellosis vaccine" means only those Brucella abortus products that are approved by and produced under license of the USDA for injection into cattle to enhance their resistance to brucellosis.

     "Calfhood vaccination tattoo" means a tattoo in the right ear consisting of an R, the United States registered V-shield, and the last digit of the year in which the animal was vaccinated with RB-51 Brucella vaccine. An example is RV-shield2 for a calf vaccinated in 2012.

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

     "Director" means the director of WSDA or the director's authorized representative.

     "Herd plan" means a written management agreement between the animal owner and the state veterinarian, with possible input from a private accredited veterinarian designated by the owner, in which each participant agrees to undertake actions specified in the herd plan to control the spread of infectious, contagious, or communicable disease within and from an infected herd and to work toward eradicating the disease in the infected herd.

     "Official calfhood vaccinate" means female cattle between four and twelve months of age that are vaccinated with brucellosis vaccine at a calfhood dose (2cc subcutaneously) and officially individually identified.

     "Official individual identification" means identifying an animal or group of animals using USDA-approved or WSDA-approved devices or methods ((approved by the director,)) including, but not limited to, official tags, unique breed registry tattoos, and registered brands when accompanied by a certificate of inspection from a brand inspection authority who is recognized by the director. If a radio frequency identification device is used for identification, the device must be placed in the left ear. The official tattoo must be placed in the middle third of the right ear.

     "Official Washington ((mature)) adult vaccinate" means female cattle over the age of twelve months that ((are native to)) have resided in Washington state((, or originate from other class free states or countries to be determined on a case-by-case investigation by the director,)) for ninety days or more and are vaccinated with a ((reduced)) dose of brucellosis vaccine (((0.25cc)) 2cc subcutaneously) under directions issued by the director.

     "Premises" means a location ((or physical address)) where livestock are kept.

     "Timed events" means competitive events that take place where time elapsed is the factor that determines the placing of individuals competing in the event.

     "USDA" means the United States Department of Agriculture.

     (("Vaccination tattoo" means a tattoo in the right ear bearing the United States registered shield and V preceded by a number indicating the quarter of the year and followed by a number corresponding to the last digit of the year in which the animal was vaccinated with strain 19 Brucella vaccine. For strain RB-51 calfhood vaccination, an R precedes the shield and V. In the case of strain RB-51 mature vaccination, an M precedes the shield and V. For strain RB-51 vaccinates, the last number of the tattoo corresponds to the last digit of the year in which vaccine was administered.))

     "Virgin bull" means a sexually intact male bovine less than eight hundred pounds and less than twelve months of age ((that is)), as determined by dentition inspection by an accredited veterinarian. Virgin bulls must be certified by the owner or the owner's designee with a signed statement as having had no breeding contact with female cattle.

[Statutory Authority: Chapters 16.36 and 34.05 RCW. 10-20-093, § 16-86-005, filed 9/30/10, effective 10/31/10; 09-03-019, § 16-86-005, filed 1/9/09, effective 2/9/09; 08-01-094, § 16-86-005, filed 12/17/07, effective 1/17/08. Statutory Authority: RCW 16.36.040. 99-09-025, § 16-86-005, filed 4/15/99, effective 5/16/99. Statutory Authority: RCW 16.36.096 and 16.36.040. 90-10-045 (Order 2035), § 16-86-005, filed 4/30/90, effective 5/31/90. Statutory Authority: RCW 16.36.040 and 16.36.050. 87-08-020 (Order 1917), § 16-86-005, filed 3/25/87. Statutory Authority: Chapter 16.36 RCW. 84-08-037 (Order 1814), § 16-86-005, filed 3/30/84; Order 1539, § 16-86-005, filed 10/17/77.]

     (a) All vaccinations must be performed by a licensed accredited veterinarian or federal or state employed veterinarian and are not official until they are reported to the department.

     (b) Veterinarians must record all vaccinations in a ledger that records the owner of the animal, ((tag)) official individual identification numbers, and the date of vaccination. These records must be maintained for seven years.

     (2) Official calfhood vaccinates must be:

     (a) Vaccinated with 2cc subcutaneous RB-51 Brucella vaccine; and

     (b) Permanently identified ((by)) with official individual vaccination ((eartag (orange tag); and

     (b) Vaccinated with 2cc subcutaneous RB-51 Brucella vaccine and permanently identified as vaccinates by a vaccination tattoo in the right ear. For strain RB-51 calfhood vaccination, the tattoo consists of an R, the United States registered V-shield, and the last digit of the year of vaccination)) identification and calfhood vaccination tattoo.

     (3) Official ((mature)) adult vaccinates (((over twelve months of age))) must not be pregnant and must have prevaccination blood samples for brucellosis submitted on USDA form number VS4-33 to the office of the state veterinarian. An official ((mature)) adult vaccinate must be:

     (a) Vaccinated with ((0.25cc)) 2cc subcutaneous RB-51 Brucella vaccine;

     (b) Permanently identified ((by an)) with individual official USDA identification (((silver tag) and a USDA brucellosis vaccination tag (orange tag))); and

     (c) Permanently identified as a vaccinate by ((a)) an adult vaccination tattoo in the right ear. ((For strain RB-51 mature vaccination, the tattoo consists of an M, the United States registered V-shield, and the last digit of the year of vaccination.))

[Statutory Authority: Chapters 16.36 and 34.05 RCW. 08-01-094, amended and recodified as § 16-86-025, filed 12/17/07, effective 1/17/08. Statutory Authority: RCW 16.36.040. 99-09-025, § 16-86-095, filed 4/15/99, effective 5/16/99. Statutory Authority: RCW 16.36.040 and 16.36.050. 88-05-003 (Order 1964), § 16-86-095, filed 2/5/88. Statutory Authority: Chapter 16.36 RCW. 84-08-037 (Order 1814), § 16-86-095, filed 3/30/84. Statutory Authority: Chapters 16.36 and 16.40 RCW. 81-10-049 (Order 1732), § 16-86-095, filed 5/1/81, effective 7/1/81; 79-09-076 (Order 1642), § 16-86-095, filed 8/30/79.]

     (2) Bulls presented at a public livestock market that are less than eight hundred pounds and determined to be more than twelve months of age by the market veterinarian using dentition inspection must be tested for trichomoniasis, or be castrated prior to leaving the market, or be sent to a category 2 restricted holding facility as defined in WAC 16-30-035, or be delivered directly to a USDA-inspected slaughter facility.

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