WSR 16-01-133
PERMANENT RULES
DEPARTMENT OF AGRICULTURE
[Filed December 18, 2015, 11:11 a.m., effective January 18, 2016]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department proposed to amend chapter 16-54 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.
Citation of Existing Rules Affected by this Order: Amending WAC 16-54-010 and 16-54-086.
Statutory Authority for Adoption: RCW 16.36.040.
Other Authority: Chapter 34.05 RCW.
Adopted under notice filed as WSR 15-20-119 on October 27 [7], 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: December 18, 2015.
Derek I. Sandison
Director
AMENDATORY SECTION (Amending WSR 15-02-025, filed 12/30/14, effective 1/30/15)
WAC 16-54-010 Definitions.
In addition to the definitions found in RCW 16.36.005, the following definitions apply to this chapter:
"Accredited free state" means a state that has been determined by United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) to have a zero prevalence of cattle and bison herds affected with bovine tuberculosis as listed in Title 9 C.F.R. Part 77.7 (January 1, 2014).
"Approved veterinary laboratory" means a laboratory that has been approved by National Veterinary Services Laboratories or other USDA, APHIS-approved facility.
"Certificate of veterinary inspection" means a legible veterinary health inspection certificate on an official form (electronic or paper) from the state of origin or from USDA, APHIS executed by a licensed and accredited veterinarian or a veterinarian approved by USDA, APHIS. The certificate of veterinary inspection is also known as an "official health certificate."
"Class free and Class A, B, and C states" means states that are classified for brucellosis by USDA, APHIS in Title 9 C.F.R. Part 78.41 (January 1, 2014).
"Consigned" means to deliver for custody or sale.
"Dairy cattle" means all cattle, regardless of age or sex or current use, that are of a breed used to produce milk or other dairy products for human consumption including, but not limited to, Ayrshire, Brown Swiss, Holstein, Jersey, Guernsey, and Milking Shorthorn.
"Department" means the Washington state department of agriculture (WSDA).
"Director" means the director of WSDA or the director's authorized representative.
"Domestic bovine" means domesticated cattle, including bison.
"Domestic equine" means horses, donkeys, mules, ponies, and other animals in the Equidae family.
"Entry permit" means prior written permission issued by the director to admit or import animals or animal reproductive products into Washington state.
"Exotic animal" means species of animals that are not native to Washington state but exist elsewhere in the world in the wild state.
"Feral swine" means animals included in any of the following categories:
• Animals of the genus Sus that are free roaming on public or private lands and do not appear to be domesticated;
• Swine from domesticated stocks that have escaped or been released or born into the wild state;
• European wild hogs and their hybrid forms (also known as European wild boars or razorbacks), regardless of whether they are free roaming or kept in confinement; or
• Animals of the family Tayassuidae such as peccaries and javelinas, regardless of whether they are free roaming or kept in confinement.
"Immediate slaughter" means livestock will be delivered to a federally inspected slaughter facility within twelve hours of entry into Washington state.
"Mature vaccinate" means a female bovine over the age of twelve months that has been vaccinated, under directions issued by the state of origin, with a mature dose of brucellosis vaccine.
"Modified accredited state" means a state that has been determined by USDA, APHIS to have a prevalence of bovine tuberculosis of less than 0.1 percent of the total number of herds of cattle and bison as listed in Title 9 C.F.R. Part 77.11 (January 1, 2014).
"Movement permit" means an entry permit that is valid for six months and permits the entry of domestic equine into Washington state.
"NPIP" means the National Poultry Improvement Plan.
"Official brucellosis test" means the official test defined by Title 9 C.F.R. Part 78.1 (January 1, 2014).
"Official brucellosis vaccinate" means an official adult vaccinate or official calfhood vaccinate as defined by Title 9 C.F.R. Part 78.1 (January 1, 2014).
"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.
"Poultry" means chickens, turkeys, ratites, waterfowl, game birds, pigeons, doves, and other domestic fowl.
"Psittacine" means birds belonging to the family Psittacidae including, but not limited to, parrots, macaws, and parakeets.
"Restricted feedlot" means a feedlot holding a permit issued under chapter 16-30 WAC.
"Restricted holding facility" means an isolated area approved and licensed by the director, as advised by the state veterinarian.
"Stage I, II, III, IV, or V pseudorabies state" means states as classified by the Pseudorabies Eradication State-Federal-Industry Program Standards (November 1, 2003).
"USDA, APHIS" means the United States Department of Agriculture Animal and Plant Health Inspection Service.
"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 or verified by breed registration documents, that is ((certified)) confirmed by a statement and the signature of the owner or the owner's designee as having had no breeding contact with female cattle.
"Wild animals" is defined in RCW 77.08.010(61).
AMENDATORY SECTION (Amending WSR 15-02-025, filed 12/30/14, effective 1/30/15)
WAC 16-54-086 Bovine trichomoniasis requirements.
(1) Bulls (except bison) may be imported into the state of Washington if they meet the following requirements:
(a) The bulls originate from a herd wherein all bulls have tested negative for bovine trichomoniasis since they were removed from female cattle; or
(b) The bulls have tested negative to a bovine trichomoniasis quantitative polymerase chain reaction (qPCR) test within sixty days before import and have had no contact with female cattle from the time of the test to the time of import; or
(c) Rodeo bulls for timed events and bucking bulls have tested negative for bovine trichomoniasis within the past twelve months and have a statement on the certificate of veterinary inspection certifying that the bulls have had no female breeding contact; or
(d) If the bulls originate from a herd where one or more bulls or cows have been found infected with bovine trichomoniasis within the past twelve months, the bulls must have two negative qPCR tests one week apart. The samples for each test must be collected within thirty days before cattle are imported into Washington state, and an import permit must be obtained from the director and include a certifying statement that the bulls originated from an infected herd.
(2) Laboratory pooled qPCR samples collected from up to five bulls will be accepted if the following conditions are met:
(a) Bulls are ((twelve)) eighteen months of age and older that cannot be ((designated)) exempted as virgin bulls under WAC 16-54-010, and which have had no breeding contact with female((s)) cattle; and
(b) Bulls originate from a herd where there is no history of trichomoniasis infection, and are part of a single herd, not assembled cattle; and
(c) Bulls are sampled for a ((herd)) diagnostic test without regulatory implications or are not part of a ((disease)) trichomoniasis investigation.
(3) Before arrival at their destination in Washington state, all imported bulls must be identified with official identification or an official trichomoniasis bangle tag.
(4) Bulls that enter Washington state without meeting the bovine trichomoniasis requirements of this section will be subject to a quarantine order or a hold order at the owner's expense until they have had two negative qPCR tests one week apart.
(5)(a) Any bull or cow that is positive to a trichomoniasis test, and any herd in which one or more bulls or cows are found infected with trichomoniasis is considered infected.
(b) In the case of bulls testing positive to trichomoniasis, the herd shall be subject to a quarantine order or a hold order pending an epidemiological investigation to determine the source of the infection, and as long as infection persists in the herd.
(c) Infected bulls will be subject to a quarantine order or a hold order and will not be used for breeding. They must be slaughtered, sold for slaughter, or sent to a restricted feedlot or category 2 restricted holding facility to remain in slaughter channels.
(6) Certification and proficiency testing and types of tests. The state veterinarian will determine trichomoniasis training for veterinarians and laboratories, and the types of tests used to determine trichomoniasis infection. All sampling will be obtained by pipette scrapings from the prepuce and glans of a bull.
(a) All trichomoniasis testing of bulls in Washington state shall be performed by a veterinarian accredited by the USDA APHIS. In addition, all accredited veterinarians testing bulls in Washington state for trichomoniasis are required to successfully complete training and pass a trichomoniasis testing procedure proficiency examination provided by the department. Effective January 1, 2011, accredited veterinarians may not perform official trichomoniasis testing of bulls in Washington state until they have successfully completed the training and passed the proficiency examination.
A schedule of 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
360-902-1878
(b) Registered veterinarians shall only utilize official laboratories recognized by the state veterinarian for testing of trichomoniasis samples.
(c) Registered veterinarians collecting samples in the state of Washington shall submit results of all trichomoniasis tests and all official identification on official trichomoniasis test and report forms to the animal services division within five business days of receiving test results from an approved laboratory ((or identifying virgin bulls with official trichomoniasis bangle tags)).
(d)(i) Polymerase chain reaction is accepted as an official test when completed by an approved laboratory and when the sample is received by the laboratory within forty-eight hours of collection.
(ii) Other tests for trichomoniasis may be approved as official tests by the state veterinarian after the tests have been proven effective by research, have been evaluated sufficiently to determine efficacy, and a protocol for use of the test has been established.
(iii) An official test is one in which the sample is received in the approved laboratory in good condition within forty-eight hours of collection. Samples in transit for more than forty-eight hours will not be accepted for official testing and must be discarded. Samples that have been frozen or exposed to high temperatures must also be discarded.
Exemptions to bovine trichomoniasis test requirements.
(7) Virgin bulls, as defined in WAC 16-54-010 are exempt from bovine trichomoniasis test requirements. ((If sold, virgin bulls must be officially identified and accompanied by a certificate signed by the owner or the owner's designee that they have had no breeding contact with female cattle. "Virgin bull" means a sexually intact male bovine less than eight hundred pounds and less than twelve months of age, as determined by dentition inspection by an accredited veterinarian, that is certified by the owner or the owner's designee as having had no breeding contact with female cattle; or bulls that are less than eighteen months of age and have had no breeding contact with female bovines and originate from a herd where all bulls have been tested negative, by a quantitative polymerase chain reaction (qPCR) test, to trichomoniasis for the past three years.))