WSR 15-20-118
PROPOSED RULES
DEPARTMENT OF AGRICULTURE
[Filed October 7, 2015, 8:29 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-13-127.
Title of Rule and Other Identifying Information: Chapter 16-86 WAC, Cattle and bison diseases in Washington state.
Hearing Location(s): Central Washington University, 400 East University Way, Sue Lombard Hall, Ellensburg, WA 98926, on November 17, 2015, at 11:00 a.m.; and at the Natural Resources Building, 1111 Washington Street S.E., Second Floor, Conference Room 259, Olympia, WA 98504, on November 18, 2015, at 9:00 a.m.
Date of Intended Adoption: December 18, 2015.
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., November 18, 2015.
Assistance for Persons with Disabilities: Contact Washington state department of agriculture (WSDA) receptionist by November 13, 2015, 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 virgin bull age from twelve months to eighteen months and remove the weight notation of "less than eight hundred pounds."
Add that the age verification of a virgin bull can be made by breed registration documents.
Add a requirement that the virgin bull status is verified by a statement and a signature by the owner or owner's designee.
Add a requirement that bulls presented at a public livestock market must be sampled for trichomoniasis prior to leaving the market and not be turned out with female cattle until confirmed negative test results are reported.
Add a requirement that each bull sampled be identified with a current year trichomoniasis tag and a USDA approved official identification tag.
Reasons Supporting Proposal: These rule amendments are necessary to prevent the spread of infectious and communicable diseases in Washington livestock, align with neighboring states' regulations, and reduce the regulatory burden on industry to facilitate the flow of commerce.
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. Title 9 Code of Federal Regulations.
Name of Proponent: Washington state department of agriculture, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Dr. Joe Baker, Olympia, (360) 902-1881; and Enforcement: David Bangart, Olympia, (360) 902-1946.
No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030(1) requires that the Washington state department of agriculture prepare a small business economic impact statement (SBEIS) if proposed rules will impose more than minor costs on affected businesses or industry. The department has analyzed the economic effects of the proposed revisions and has concluded that they do not impose more than minor costs on small businesses in the regulated industry, and, therefore, a formal SBEIS is not required.
A cost-benefit analysis is not required under RCW 34.05.328. WSDA is not a listed agency in RCW 34.05.328 (5)(a)(i).
October 7, 2015
Lynn M. Briscoe
Assistant Director
AMENDATORY SECTION (Amending WSR 15-02-028, filed 12/30/14, effective 1/30/15)
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 using USDA-approved devices or methods or an alternative form of identification agreed upon by the sending and receiving states, such as unique breed registry tattoos when accompanied by registration documentation. A group of animals may be identified by registered brands when accompanied by a certificate of inspection from a brand inspection authority recognized by the director when agreed upon by the sending and receiving states.
"Official Washington adult vaccinate" means female cattle over the age of twelve months that have resided in Washington state for ninety days or more and are vaccinated with a dose of brucellosis vaccine (2cc subcutaneously) under directions issued by the director.
"Premises" means a location 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.
"Virgin bull" means a sexually intact male bovine ((less than eight hundred pounds and)) less than ((twelve)) eighteen months of age, 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)) or verified by breed registration documents, that is confirmed by a statement and the signature of the owner or the owner's designee as having had no breeding contact with female cattle.
AMENDATORY SECTION (Amending WSR 12-21-009, filed 10/5/12, effective 11/5/12)
WAC 16-86-114 Trichomoniasis testing at public livestock markets.
(1) ((Bulls presented at a public livestock market that are less than eight hundred pounds and judged to be less than twelve months of age by the market veterinarian using dentition inspection)) Virgin bulls, as defined in WAC 16-86-005, that are presented at a public livestock market are exempt from trichomoniasis testing.
(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)) All other bulls must be ((tested)):
• Sampled for trichomoniasis((,)) prior to leaving the market and not be turned out with female cattle until confirmed negative test results are reported; 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.
AMENDATORY SECTION (Amending WSR 15-02-028, filed 12/30/14, effective 1/30/15)
WAC 16-86-115 Trichomoniasis in Washington cattle.
(1) Any sexually intact bovine, except for bison, that is found test-positive for trichomoniasis, and any herd in which one or more bulls or cows are found test-positive for trichomoniasis, is considered infected. Test-positive means a positive result on a quantitative polymerase chain reaction (qPCR) test for trichomoniasis.
(2) In the case of infected sexually intact bovine, the herd shall be quarantined pending an epidemiological investigation to determine the source of the infection.
(3) All exposed herds will be identified by an accredited veterinarian in conjunction with the department. An exposed herd is defined as a cattle herd which has had, within the past twelve months, direct commingling or cross-fence contact with an infected herd during a time of potential breeding activity. The owner of exposed herds will be notified of the possible exposure and requested to test the herd using a qPCR test. All testing will be at the owner's expense.
(4)(a) Infected bulls will be quarantined and branded high on the tail head by the department with a USDA regulatory S-brand, and will not be used for breeding.
(b) Infected bulls must be slaughtered, sold for slaughter, ((sent to a restricted feedlot,)) or sent to a category 2 restricted holding facility to remain in slaughter channels. Infected bulls shall only be moved when accompanied by a USDA form VS 1-27.
(c) ((Bulls of unknown origin or unknown breeding history offered for sale at a livestock market must be:
(i) Castrated prior to leaving the market; or
(ii) Tested negative for trichomoniasis by a qPCR test before being turned out with breeding stock; or
(iii) Sold for slaughter; or
(iv) Sent to a category 2 restricted holding facility to remain in slaughter channels.
(d))) A nonpregnant female, with no calf at side, which is identified by the owner as being from an infected herd and is offered for sale at a livestock market, must remain in slaughter channels.
(5) The quarantine will be removed when all remaining bulls in the herd test negative to a second qPCR test for trichomoniasis and following proof of removal of infected bulls. Bulls must have a minimum of two negative qPCR tests at least one week apart for quarantine release. All bulls from infected herds, except virgin bulls, will be tested using a qPCR test the following trich-year before breeding. A trich-year means the period from September 1st to August 31st of any given year. Bulls from infected herds may not have to be tested the following trich-year if a herd plan has been approved by the state veterinarian.
(6) Information that cattle have tested positive for trichomoniasis may be supplied to county extension agents, accredited veterinarians, and industry representatives. Each month, the department may publish a press release of counties that have infected herds.
AMENDATORY SECTION (Amending WSR 10-20-093, filed 9/30/10, effective 10/31/10)
WAC 16-86-116 Duties of certified, accredited veterinarians—Training requirement for veterinarians performing trichomoniasis testing in cattle.
(1) Effective January 1, 2011, accredited veterinarians may not perform official trichomoniasis testing of bulls in Washington state until they are certified to do so by having successfully completed training and passed a proficiency examination provided by the department.
(2) All official trichomoniasis testing of bulls in Washington state shall be performed by a certified, accredited veterinarian.
(3) ((A schedule of)) Information on training opportunities is available by contacting the department at:
Washington State Department of Agriculture
Animal Services Division
1111 Washington Street S.E.
P.O. Box 42577
Olympia, Washington 98504-2577
360-902-1878
(4) Certified veterinarians shall utilize only official laboratories recognized by the state veterinarian for testing trichomoniasis samples. Positive test results will be sent to the department by the next business day.
(5)(a) Quantitative polymerase chain reaction (qPCR) is the test method for official tests accepted by the department.
(b) An official test is one in which the sample is collected by a certified veterinarian and received in the official laboratory in good condition within forty-eight hours of collection. Samples in transit for more than forty-eight hours or have been frozen or exposed to high temperatures will not be accepted for official testing. All samples shipped to the laboratory must be in ((pouch media, lactated Ringer's solution, or in normal saline solution)) a transport medium approved by the testing laboratory. All sampling will be obtained by pipette scrapings from the prepuce and glans of a bull.
(6) Each sampled bull shall have a current-year Washington trichomoniasis tag and a USDA-approved official identification tag applied. If a bull already bears an official identification tag at the time of sampling, the individual identification number on that device shall be recorded. Both tag numbers should be recorded on the laboratory submission form so that testing and results can be verified by either number. Additional official individual identification must not be applied.
(7) A trichomoniasis testing year is defined as September 1st through August 31st.