WSR 16-21-008
PERMANENT RULES
DEPARTMENT OF AGRICULTURE
[Filed October 7, 2016, 7:59 a.m., effective November 7, 2016]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The department is amending chapter 16-610 WAC to:
Increase the certificate of permit fee from $1.00 per book to $5.00 per book;
Abolish the equine bill of sale book;
Clarify the requirement that all veterinarians certified to issue livestock inspection certificates must pass a written exam; and
Modify the language to increase clarity and conform with current industry practices.
Citation of Existing Rules Affected by this Order: Amending WAC 16-610-015, 16-610-018, 16-610-060, 16-610-066, and 16-610-085.
Statutory Authority for Adoption: RCW 16.57.160.
Other Authority: Chapter 34.05 RCW.
Adopted under notice filed as WSR 16-16-115 on August 3, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 5, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 7, 2016.
Derek I. Sandison
Director
AMENDATORY SECTION (Amending WSR 07-14-057, filed 6/28/07, effective 7/29/07)
WAC 16-610-015 Certificate of permit.
(1) A certificate of permit (WSDA form #7020), commonly known as a "transportation permit" or a "haul slip," must accompany livestock:
(a) In transit (cattle);
(b) Consigned to a public livestock market, special sale, or livestock processing facility; or
(c) Upon entry into a certified feedlot (cattle).
(2) The certificate of permit may not be used as a bill of sale for cattle.
(3) A certificate of permit may be purchased by contacting the department at 360-902-1855 or livestockid@agr.wa.gov. The price is $((1.00)) 5.00 for a book of twenty-five.
(4) The certificate of permit must include:
(a) Owner's name and address;
(b) Livestock breed;
(c) Sex of the animal;
(d) Brand or other methods of livestock identification; and
(e) Any other information that the director considers necessary.
AMENDATORY SECTION (Amending WSR 10-21-016, filed 10/7/10, effective 11/7/10)
WAC 16-610-018 Proof of ownership documents.
(1) Proof of ownership for cattle and horses may be established at the time of a livestock inspection by presenting one of the following documents:
(a) An official livestock inspection certificate issued by the director.
(b) A duplicate certificate or certified copy of an original inspection document issued by the director.
(c) For cattle only, a self-inspection certificate completed prior to June 10, 2010, and any other information required in WAC 16-610-016.
(d) An official inspection certificate issued by another state or province that maintains a livestock inspection program.
(e) Registration papers on purebred horses.
(f) Registration papers on purebred cattle if the brand is not recorded in this state.
(g) For horses only, a bill of sale. ((Department form #7092 Equine Bill of Sale may be used and may be purchased by contacting the department at 360-902-1855. The purchase price of an Equine Bill of Sale is $1.00 for a book of twenty-five.)) A sample equine bill of sale is available by accessing the department's web site at http://agr.wa.gov/FoodAnimal/Livestock/.
(h) A certificate of veterinary inspection issued by a state that does not maintain a livestock inspection program. Vaccination/test tags and the animal description must be verifiable and match the document.
(2) Only original inspection certificates, official duplicate certificates, or certified copies of inspection certificates are acceptable. The name of the livestock owner must appear on the document that is submitted. Carbon copies, faxed copies or photocopies will not be accepted except for registration papers on purebred livestock.
AMENDATORY SECTION (Amending WSR 10-21-016, filed 10/7/10, effective 11/7/10)
WAC 16-610-060 Veterinarian certification.
(1) The director may certify veterinarians, who are licensed and accredited in Washington state and who comply with the requirements of this section, to issue livestock inspection certificates.
(2) Veterinarians licensed and accredited in Washington state who wish to issue inspection certificates for livestock must apply for certification on the department's application form (WSDA form #7028). The application must include the following:
(a) The full name and principal business address of the individual applying for certification;
(b) The applicant's Washington state veterinary license number;
(c) The geographic area in which the applicant will issue inspection certificates for livestock;
(d) A statement describing the applicant's experience with large animals, especially cattle and horses;
(e) A brief statement indicating that the applicant is requesting certification to issue inspection certificates for cattle, horses or both;
(f) The signature of the applicant; and
(g) Any other additional information as requested by the director.
(3) All applications must be accompanied by a check or money order for the amount of the certification fee of thirty-five dollars per applicant.
(4) Certifications expire on the third December 31st following the date of issuance. For example, if a certificate was issued on October 14, 2003, it would expire on December 31, 2005. All applications for renewal of certification must be submitted on AGR Form 930-7089 and accompanied by a check or money order for the amount of the certification fee of thirty-five dollars per applicant.
(5) All veterinarians applying for certification or renewal of certification must ((successfully)) complete department-provided training and pass a written test with no less than a score of ninety percent. The department will provide to each person applying for certification or renewal of certification a copy of the most current brand book and any supplements issued to date. Training will include, but will not be limited to, the:
(a) Reading of printed brands;
(b) Reading of brands or other marks on animals;
(c) Completion of official documents; and
(d) Review of satisfactory ownership documents.
(6) The director will maintain a list of veterinarians certified to perform livestock inspections. Interested parties may request a copy of the list ((from)) by contacting the department ((by calling)) at 360-902-1855 or livestockid@agr.wa.gov.
(7) Inspections by certified veterinarians are conducted upon request and provided at the discretion of the veterinarian.
(8) Certified veterinarians must submit all required inspection fees to the director and copies of each inspection certificate within thirty days of the date of issue.
(9) The director may deny certification or renewal of certification to issue inspection certificates if the veterinarian fails to meet the requirements of this section or knowingly makes false or inaccurate statements regarding his or her qualifications on the certification application.
AMENDATORY SECTION (Amending WSR 10-21-016, filed 10/7/10, effective 11/7/10)
WAC 16-610-066 Replacement copies of brand inspection documents.
(1) Individuals can request replacement copies of inspection documents issued by the director which are held by the department.
(2) All requests for replacement copies will be submitted on AGR Form 930-7093 to the department. This form is available on the department's web site at http://agr.wa.gov/FoodAnimal/Livestock/.
(3) A twenty-five dollar fee will be charged per document for replacement copies and must accompany the form.
(4) Replacement copies will only be issued to a requestor whose name appears as the buyer, seller, or owner on the document being requested.
AMENDATORY SECTION (Amending WSR 07-14-057, filed 6/28/07, effective 7/29/07)
WAC 16-610-085 Production brands.
(1) Before a production brand may be used in Washington state, it must be recorded with the director according to the provisions of chapter 16.57 RCW and in the same manner as an ownership brand.
(2) Forms to record a brand may be obtained ((from the director)) by contacting the department at 360-902-1855, e-mailing livestockid@agr.wa.gov or accessing the department's web site at http://agr.wa.gov/FoodAnimal/Livestock/.
(3) The director will not charge a fee to record a production brand if the person recording the brand has already paid to record an ownership brand.
(4) Production brands are not recognized for ownership purposes, recorded for ownership purposes, or accepted for livestock inspection purposes.
(5) Dairy cattle: Owners may use any digit or combination of digits as a production brand to identify their dairy cattle as long as the brand is located on the neck or between the hock and the stifle of a hind leg.
(6) Beef cattle: Owners may use a production brand to identify beef cattle but only when the cattle also bear a brand that is currently recorded to the owner of the animal.
(a) On beef cattle, production brands may be located on either side of the animal on the shoulder or hip.
(b) Any numeral digit or combination of digits may be used for a beef cattle production brand as long as they do not conflict with currently recorded ownership brands.
(7) Only Arabic numerals can be used for production brands.