1135-S AMH FW H1994.1

1135-S AMH FW H1994.1

SHB 1135 - H COMM AMD ADOPTED 03-17-93

By Committee on Fisheries & Wildlife

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature declares that the husbandry of alternative livestock as a farming operation may provide a consistent source of healthful food, offers opportunities for new jobs and increased farm income stability, and improves the balance of trade.

The legislature finds that many areas of the state of Washington may be suitable for alternative livestock farms, and therefore the legislature encourages the promotion of appropriate alternative livestock farming activities, programs, and development with the same status as other agricultural activities, programs, and development within the state.

The legislature finds that alternative livestock farming should be considered a branch of the agricultural industry of the state for purposes of laws that apply to or provide for the advancement, benefit, or protection of the agriculture industry within the state. The legislature further finds, however, that alternative livestock farming may pose threats to the state's wildlife, and therefore requires effective regulation to minimize these threats.

It is therefore the policy of this state to encourage the development and expansion of appropriate alternative livestock farming within the state. It is also the policy of this state to protect wildlife by providing for effective regulation of alternative livestock farming including but not limited to a disease inspection and control program for alternative livestock farming operations.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Alternative livestock" means the following as long as they are confined by humans, raised or used in farm or ranch operations in the private sector, and produced on the farm or ranch or legally acquired for the farm or ranch: Fallow deer (dama dama); reindeer (all rangifer except rangifer tarandus caribou); and other nonresident vertebrate species listed by rules adopted jointly by the departments of agriculture and wildlife under section 5 of this act. "Alternative livestock" does not include: Wildlife species that currently exist in a wild state in the state of Washington, except that by rule which shall include methods that will ensure genetic integrity, the directors of the department of agriculture and the department of wildlife may allow rocky mountain elk (cervus elaphus nelsoni) to be farmed in the same status and under the same regulatory provisions as "alternative livestock"; animals which have escaped confinement; a domestic dog (canis familiaris) or domestic cat (felis domestica); private sector aquatic products as defined in and regulated under chapter 15.85 RCW; an animal raised for release into the wild; an animal raised for the purpose of hunting that takes place in this state; an animal that is required to be identified under section 6 of this act and is not identified as required; or an animal located on, purchased from, or being transported to or from a farm or ranch that is required to be registered under section 8 of this act but is not registered as required at the time the livestock is located on, purchased from, or being transported to or from the farm or ranch.

(2) "Alternative livestock products" means the products of alternative livestock including, but not limited to, meat and meat products, velvet, antlers, horns, leather, hides, feathers, eggs, gametes, and genetic materials. "Alternative livestock products" does not include a product that is required to be identified under section 6 of this act and is not identified as required.

(3) "Department" means the department of agriculture.

NEW SECTION. Sec. 3. The department is the principal state agency for providing state marketing support services for the alternative livestock industry. The department shall exercise its authorities, including those provided by chapters 15.64, 15.65, 15.66, and 43.23 RCW, to develop a program for assisting the alternative livestock industry to market and promote the use of its products. The department shall consult the alternative livestock council in developing the program.

NEW SECTION. Sec. 4. It is unlawful to hunt or allow others to hunt for a fee, any alternative livestock or rocky mountain elk reared on or derived from an alternative livestock farm.

NEW SECTION. Sec. 5. (1) Any authority of the department of wildlife to regulate alternative livestock and alternative livestock products is limited to the authority granted by this section.

(2) The directors of the department of agriculture and the department of wildlife shall jointly adopt rules identifying species including deleterious species that may be raised in this state as alternative livestock. In identifying species under this section, the departments shall consider the risks that the presence of the animals in this state, or the concentration of their number through confinement, may pose, to the public health and safety, to the environment, to resident wildlife, and to traditional and alternative livestock. Consideration shall also be given to the ability of scientists to identify and distinguish the species and products made from such species, in all forms, based on accepted biological testing. A hybrid of an animal listed in section 2(1) of this act or identified in joint rules adopted under this subsection shall be considered to be alternative livestock only if it is expressly identified in joint rules adopted under this subsection. The animals listed in section 2(1) of this act and those identified in such joint rules constitute the only animals considered as alternative livestock under this chapter. The departments may, under jointly adopted rules, restrict the areas of the state in which animals listed in section 2(1) of this act or those identified under this subsection may be ranched or farmed.

(3) The department of agriculture and the department of wildlife may jointly adopt rules that authorize the department of agriculture to regulate the entry and intrastate movement, sale, transfer, possession, exhibition, disposition, and release of alternative livestock or alternative livestock products.

(4) Any rules adopted under this section shall specify the emergency enforcement actions that may be taken in accordance with the provisions of chapter 34.05 RCW.

NEW SECTION. Sec. 6. The director of agriculture shall, in consultation with the department of wildlife and the alternative livestock council, establish identification requirements for alternative livestock and alternative livestock products to the extent that identifying the livestock or the source or quantity of the products is necessary to permit the department of wildlife to effectively administer and enforce Title 77 RCW. The director shall also consult with the director of the department of wildlife to ensure that such rules enable the department of wildlife to enforce the programs administered under that title.

NEW SECTION. Sec. 7. The director of agriculture in consultation with the department of wildlife shall develop and administer a program of disease inspection and control for alternative livestock. The purpose of the program is to protect the alternative livestock industry from the loss of animals or productivity to disease and to protect wildlife in this state. As used in this section "disease" means, in addition to its ordinary meaning, infestations of parasites or pests.

NEW SECTION. Sec. 8. The owner of a farm or ranch for alternative livestock shall register the farm or ranch annually with the department of agriculture. The director shall develop and maintain a registration list of all alternative livestock farms and ranches. Registered alternative livestock farms and ranches shall provide the department production statistical data. The director of agriculture shall, in consultation with the alternative livestock council, establish by rule annual registration fees sufficient to cover the costs of development of rules and the administration of this chapter and the rules adopted under this chapter. Fees collected under this section shall be deposited in the alternative livestock farm account within the agricultural local fund established in RCW 43.23.230 and shall be used solely to carry out the provisions of this chapter.

NEW SECTION. Sec. 9. The department of agriculture shall adopt rules for administering this chapter. Rules shall be adopted in accordance with chapter 34.05 RCW.

In developing and adopting rules under this chapter, the department of agriculture shall consult the alternative livestock council, the department of wildlife, appropriate federal agencies, and Indian tribes to assure the protection of state, federal, and tribal wildlife resources and to protect alternative livestock from disease that could originate from resources regulated or managed by public entities.

NEW SECTION. Sec. 10. If either the director of agriculture or the director of wildlife proposes a rule identifying a species of animal as alternative livestock under section 5 of this act or other rules of a scientific nature that are the subject of the joint rule-making authority of this chapter but the other director fails to propose the rule jointly, a scientific review board shall be assembled to make its recommendation regarding the proposed identification. The board shall be composed of: One member selected by the director of the department of agriculture and one member selected by the director of the department of wildlife. The members selected by the directors shall select a third member.

The board shall review the proposal based on the criteria for considering threats posed by section 5(2) of this act and make its recommendations to the directors of the departments of agriculture and wildlife. The directors shall consider the recommendations of the board. If the board recommends that the species be identified as alternative livestock by joint rule and either director determines not to adopt such a rule, the director so declining shall file a statement with the board and the director of the other agency specifying the director's reasons for declining.

NEW SECTION. Sec. 11. The director of agriculture and the director of wildlife shall study the needs for assuring adequate fences or other methods of enclosure for various species of alternative livestock. The directors shall jointly adopt rules establishing enclosure standards for one or more types of alternative livestock as deemed necessary to assure adequate protection to traditional farm animals, wildlife, and alternative livestock.

If an animal is not enclosed as required for the animal in rules adopted under this section or if it is found by a state wildlife or agricultural official or local law enforcement officer outside an area of an enclosure that is required for it in rules adopted under this section, the animal so unenclosed or so found is hereby declared to be a public nuisance. An owner of alternative livestock may request assistance from the department of agriculture, department of wildlife, or local law enforcement office in recapturing escaped alternative livestock and may be billed for the cost of services rendered.

Alternative livestock that escape a required enclosure shall be recaptured and impounded at a suitable facility at the owner's expense. Animals may not be returned to the owner's premises until sufficient repairs or improvement are made to assure that release will not reoccur. The owner of the animal is liable for damages that are shown to be caused by the animal during the time of the escape.

NEW SECTION. Sec. 12. The alternative livestock council of not more than seven persons is hereby created. Four members of the council shall be appointed by the director of agriculture to three-year terms. Three members of the council shall be appointed by the director of the department of wildlife to three-year terms. The director may shorten the initial term for a position on the council to stagger the expiration of terms on the council. Vacancies on the council shall be filled by the director by appointment. The council shall advise the department on all aspects of alternative livestock farming and the marketing of alternative livestock and alternative livestock products.

NEW SECTION. Sec. 13. Each owner of alternative livestock shall ensure that the livestock are confined to the property of the owner or secured at all times when not on that property. An owner who violates the requirements of this section is subject to a civil penalty in the form of a fine levied by the director of the department of agriculture as an order under chapter 34.05 RCW. The fine shall not exceed ten thousand dollars for each instance of a violation. In determining the amount of a fine, the director shall consider the risks or potential risks to the environment, resident wildlife, and traditional and alternative livestock posed by the violation.

NEW SECTION. Sec. 14. A new section is added to chapter 77.04 RCW to read as follows:

This title does not apply to alternative livestock or alternative livestock products, as defined in section 2 of this act or in rules adopted under section 5 of this act. The sole authority of the department of wildlife to regulate such alternative livestock and alternative livestock products is the authority granted by joint rules adopted under section 5 of this act.

Sec. 15. RCW 77.32.010 and 1987 c 506 s 76 are each amended to read as follows:

(1) Except as otherwise provided in this chapter, a license issued by the director is required to:

(a) Hunt for wild animals or wild birds or fish for game fish;

(b) Practice taxidermy for profit;

(d) Act as a fishing guide;

(e) Operate a game farm;

(f) Purchase or sell anadromous game fish; or

(g) Use department-managed lands or facilities as provided by rules adopted pursuant to this title.

(2) A permit issued by the director is required to:

(a) Conduct, hold, or sponsor hunting or fishing contests or competitive field trials using live wildlife;

(b) Collect wild animals, wild birds, game fish, or protected wildlife for research or display; or

(3) Aquaculture as defined in RCW 15.85.020 is exempt from the requirements of this section, except when being stocked in public waters under contract with the department.

(4) A license or permit is not required for farming or ranching operations for alternative livestock as such livestock are defined in section 2 of this act or in rules adopted under section 5 of this act.

Sec. 16. RCW 77.32.211 and 1991 sp.s. c 7 s 4 are each amended to read as follows:

(1) A taxidermy license allows the holder to practice taxidermy for profit. The fee for this license is one hundred eighty dollars.

(2) A fur dealer's license allows the holder to purchase, receive, or resell raw furs for profit. The fee for this license is one hundred eighty dollars.

(3) A fishing guide license allows the holder to offer or perform the services of a professional guide in the taking of game fish. The fee for this license is one hundred eighty dollars for a resident and six hundred dollars for a nonresident.

(4) A game farm license allows the holder to operate a game farm ((~~to acquire, breed, grow, keep, and sell wildlife~~)) under conditions prescribed by the rules adopted pursuant to this title. The fee for this license is seventy-two dollars for the first year and forty-eight dollars for each following year.

(5) A game fish stocking permit allows the holder to release game fish into the waters of the state as prescribed by rule of the commission. The fee for this permit is twenty-four dollars.

(6) A fishing or field trial permit allows the holder to promote, conduct, hold, or sponsor a fishing or field trial contest in accordance with rules of the commission. The fee for a fishing contest permit is twenty-four dollars. The fee for a field trial contest permit is twenty-four dollars.

(7) An anadromous game fish buyer's license allows the holder to purchase or sell steelhead trout and other anadromous game fish harvested by Indian fishermen lawfully exercising fishing rights reserved by federal statute, treaty, or executive order, under conditions prescribed by rule of the director. The fee for this license is one hundred eighty dollars.

Sec. 17. RCW 77.12.570 and 1987 c 506 s 49 are each amended to read as follows:

The commission shall establish the qualifications and conditions for issuing a game farm license. The director shall adopt rules governing the operation of game farms. Private sector cultured aquatic products as defined in RCW 15.85.020 and alternative livestock as defined in section 2 of this act or in rules adopted under section 5 of this act are exempt from regulation under this section.

Sec. 18. RCW 77.12.580 and 1987 c 506 s 50 are each amended to read as follows:

A licensed game farmer may purchase, sell, give away, or dispose of the eggs of game birds or game fish lawfully possessed as provided by rule of the director. The eggs of alternative livestock as defined in section 2 of this act or in rules adopted under section 5 of this act are exempt from regulation under this section.

Sec. 19. RCW 77.12.590 and 1987 c 506 s 51 are each amended to read as follows:

Wildlife given away, sold, or transferred by a licensed game farmer shall have attached to each wildlife member, package, or container, a tag, seal, or invoice as required by rule of the director. Private sector cultured aquatic products as defined in RCW 15.85.020 and alternative livestock and alternative livestock products as defined in section 2 of this act or in rules adopted under section 5 of this act are exempt from regulation under this section.

Sec. 20. RCW 77.12.600 and 1985 c 457 s 24 are each amended to read as follows:

(1) A common carrier may transport wildlife shipped by a licensed game farmer if the wildlife is tagged, sealed, or invoiced as provided in RCW 77.12.590. Packages containing wildlife shall have affixed to them tags or labels showing the name of the licensee and the consignee.

(2) For purposes of this section, wildlife does not include private sector cultured aquatic products as defined in RCW 15.85.020 or alternative livestock or alternative livestock products as defined in section 2 of this act or in rules adopted under section 5 of this act. However, if a means of identifying such livestock or products is required by rules adopted under RCW 15.85.060 or section 6 of this act, this exemption from the definition of wildlife applies only if the ((~~aquatic~~)) livestock or products are identified in conformance with those rules.

NEW SECTION. Sec. 21. A new section is added to chapter 16.49A RCW to read as follows:

(1) Meat and meat by-products of alternative livestock, as defined in section 2 of this act or in rules adopted under section 5 of this act, whether or not such meat, meat by-products, or animals originate from within the state, shall not be sold or distributed for public consumption without prior inspection by the department, the United States department of agriculture, or another department-recognized local, state, or federal agency responsible for food safety and inspection.

(2) The department may adopt rules establishing a program for inspecting meat and meat by-products of alternative livestock. Such rules shall include a fee schedule that will provide for the recovery of the full cost of the inspection program. Fees collected under this section shall be deposited in an account within the agricultural local fund and the revenue from such fees shall be used solely for carrying out the provisions of this section. No appropriation is required for disbursement from the account. The director may employ such personnel as are necessary to carry out the provisions of this section.

Sec. 22. RCW 16.36.005 and 1987 c 163 s 1 are each amended to read as follows:

As used in this chapter:

"Alternative livestock" shall have the meaning as defined in section 2 of this act.

"Exotic wildlife" means any wild animal whose members do not exist in Washington in a wild state as of the effective date of this act but does not include alternative livestock as defined in section 2 of this act.

"Director" means the director of agriculture of the state of Washington or his authorized representative.

"Department" means the department of agriculture of the state of Washington.

"Garbage" means the solid animal and vegetable waste and offal together with the natural moisture content resulting from the handling, preparation, or consumption of foods in houses, restaurants, hotels, kitchens, markets, meat shops, packing houses and similar establishments or any other food waste containing meat or meat products.

"Veterinary biologic" means any virus, serum, toxin, and analogous product of natural or synthetic origin, or product prepared from any type of genetic engineering, such as diagnostics, antitoxins, vaccines, live microorganisms, killed microorganisms, and the antigenic or immunizing components intended for use in the diagnosis, treatment, or prevention of diseases in animals.

Sec. 23. RCW 16.36.010 and 1927 c 165 s 2 are each amended to read as follows:

The word "quarantine" as used in this act shall mean the placing and restraining of any animal or animals by the owner or agents in charge thereof, either within a certain described and designated enclosure or area within this state, or the restraining of any such animal or animals from entering this state, as may be directed in writing by the director of agriculture, or his or her duly authorized representative. Any animal or animals so quarantined within the state shall at all times be kept separate and apart from other ((~~domestic~~)) animals and not allowed to have anything in common therewith.

Sec. 24. RCW 16.36.020 and 1987 c 163 s 2 are each amended to read as follows:

The director shall have general supervision of the prevention of the spread and the suppression of infectious, contagious, communicable and dangerous diseases affecting animals within, in transit through and being imported into the state. The director may establish and enforce quarantine of and against any and all ((~~domestic~~)) animals which are affected with any such disease or that may have been exposed to others thus affected, whether within or without the state, for such length of time as he or she deems necessary to determine whether any such animal is infected with any such disease. The director shall also enforce and administer the provisions of this chapter pertaining to garbage feeding and when garbage has been fed to swine, the director may require the disinfection of all facilities, including yard, transportation and feeding facilities, used for keeping such swine.

The director shall also have the authority to regulate the sale, distribution, and use of veterinary biologics in the state and may adopt rules to restrict the sale, distribution, or use of any veterinary biologic in any manner the director determines to be necessary to protect the health and safety of the public and the state's animal population.

The director shall also have the authority to adopt rules governing the importation and care of alternative livestock. In adopting such rules, the department shall consult with the department of wildlife of the state of Washington.

Sec. 25. RCW 16.36.050 and 1979 c 154 s 11 are each amended to read as follows:

It shall be unlawful for any person to intentionally falsely make, complete, alter, use, or sign an animal health certificate, certificate of veterinary inspection, or official written animal health instrument of the department of agriculture. It shall be unlawful for any person, or any railroad or transportation company, or other common carrier, to bring into this state for any purpose any domestic animals, exotic wildlife, or alternative livestock without first having secured an official health certificate or certificate of veterinary inspection, certified by the state veterinarian of origin that such animals meet the health requirements ((~~promulgated~~)) adopted by the director of agriculture of the state of Washington: PROVIDED, That this section shall not apply to domestic animals imported into this state for immediate slaughter, or domestic animals imported for the purpose of unloading for feed, rest, and water, for a period not in excess of twenty-eight hours except upon prior permit therefor secured from the director of agriculture. It shall be unlawful for any person to divert en route for other than to an approved, inspected stockyard for immediate slaughter or to sell for other than immediate slaughter or to fail to slaughter within fourteen days after arrival, any animal imported into this state for immediate slaughter. It shall be unlawful for any person, railroad, transportation company, or other common carrier, to keep any domestic animals which are unloaded for feed, rest and water in other than quarantined pens, or not to report any missing animals to the director of agriculture at the time the animals are reloaded.

Sec. 26. RCW 16.36.040 and 1979 c 154 s 10 are each amended to read as follows:

The director of agriculture shall have power to ((~~promulgate~~)) adopt and enforce such reasonable rules((~~, regulations~~)) and orders as he or she may deem necessary or proper to prevent the introduction or spreading of infectious, contagious, communicable, or dangerous diseases affecting domestic animals, exotic wildlife, or alternative livestock in this state, and to ((~~promulgate~~)) adopt and enforce such reasonable rules((~~, regulations~~)) and orders as he or she may deem necessary or proper governing the inspection and test of all animals within or about to be imported into this state, and to ((~~promulgate~~)) adopt and enforce ((~~intercounty~~)) intrastate embargoes, hold orders, and quarantine ((to prevent the shipment, trailing, trucking, transporting or movement of bovine animals from any county that has not been declared modified accredited by the United States department of agriculture, animal and plant health inspection service, for tuberculosis and/or certified brucellosis-free, into a county which has been declared modified accredited by the United States department of agriculture, animal and plant health inspection service, for tuberculosis and/or certified brucellosis-free, unless such animals are accompanied by a negative certificate of tuberculin test made within sixty days and/or a negative brucellosis test made within the forty-five day period prior to the movement of such animal into such county, issued by a duly authorized veterinary inspector of the state department of agriculture, or of the United States department of agriculture, animal and plant health inspection service, or an accredited veterinarian authorized by permit issued by the director of agriculture to execute such certificate)).

Sec. 27. RCW 16.36.060 and 1985 c 415 s 2 are each amended to read as follows:

It shall be unlawful for any person to willfully hinder, obstruct, or resist the director of agriculture or any duly authorized representative, or any peace officer acting under him or her or them, when engaged in the performance of the duties or in the exercise of the powers conferred by this chapter, and it shall be unlawful for any person to willfully fail to comply with or violate any rule((~~, regulation~~)) or order ((~~promulgated~~)) adopted by the director of agriculture or his or her duly authorized representatives under the provisions of this chapter. The director of agriculture shall have the authority under such rules ((~~and regulations~~)) as shall be ((~~promulgated~~)) adopted by ((~~him~~)) the director to enter at any reasonable time the premises of any ((~~livestock~~)) domestic animals, exotic wildlife, or alternative livestock owner to make tests on any animals for diseased conditions, and it shall be unlawful for any person to interfere with such tests in any manner, or to violate any segregation or identification order made in connection with such tests by the director of agriculture, or his or her duly authorized representative.

Sec. 28. RCW 16.36.070 and 1947 c 172 s 6 are each amended to read as follows:

Whenever a majority of any board of health, board of county commissioners, city council or other governing body of any incorporated city or town, or trustees of any township, whether in session or not, shall, in writing or by telegraph, notify the director of agriculture of the prevalence of or probable danger of infection from any of the diseases of domestic animals, exotic wildlife, or alternative livestock the director of agriculture personally, or by the supervisor of dairy and livestock, or by a duly appointed and deputized veterinarian of the division of ((~~dairy and livestock~~)) food safety and animal health, shall at once go to the place designated in said notice and take such action as the exigencies may in his or her judgment demand, and may in case of an emergency appoint deputies or assistants, with equal power to act. The compensation to be paid such emergency deputies and assistants, shall be fixed by the director of agriculture in conformity with the standards effective in the locality in which the services are performed.

Sec. 29. RCW 16.36.080 and 1947 c 172 s 7 are each amended to read as follows:

It shall be unlawful for any person registered to practice veterinary medicine, surgery and dentistry in this state not to immediately report in writing to the director of agriculture the discovery of the existence or suspected existence among domestic animals, exotic wildlife, or alternative livestock within the state of any reportable diseases as published by the director of agriculture.

Sec. 30. RCW 16.36.100 and 1927 c 165 s 10 are each amended to read as follows:

The governor and the director of agriculture shall have the power to cooperate with the government of the United States in the prevention and eradication of diseases of domestic animals, exotic wildlife, or alternative livestock and the governor shall have the power to receive and receipt for any moneys receivable by this state under the provisions of any act of congress and pay the same into the hands of the state treasurer as custodian for the state to be used and expended in carrying out the provisions of this act and the act or acts of congress under which said moneys are paid over to the state.

Sec. 31. RCW 16.57.010 and 1989 c 286 s 22 are each amended to read as follows:

For the purpose of this chapter:

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

(2) "Director" means the director of the department or a duly appointed representative.

(3) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be.

(4) "Livestock" includes, but is not limited to, horses, mules, cattle, sheep, swine, goats, poultry ((~~and~~)), rabbits, and alternative livestock as defined in section 2 of this act or in rules adopted under section 5 of this act.

(5) "Brand" means a permanent fire brand or any artificial mark, other than an individual identification symbol, approved by the director to be used in conjunction with a brand or by itself.

(6) "Production record brand" means a number brand which shall be used for production identification purposes only.

(7) "Brand inspection" means the examination of livestock or livestock hides for brands or any means of identifying livestock or livestock hides and/or the application of any artificial identification such as back tags or ear clips necessary to preserve the identity of the livestock or livestock hides examined.

(8) "Individual identification symbol" means a permanent mark placed on a horse for the purpose of individually identifying and registering the horse and which has been approved for use as such by the director.

(9) "Registering agency" means any person issuing an individual identification symbol for the purpose of individually identifying and registering a horse.

NEW SECTION. Sec. 32. The directors of the department of agriculture and the department of wildlife shall prepare a report on the joint rule making under this act. The report shall also include a status report on the alternative livestock industry in the state and shall address questions related to the enforcement of the provisions of this act, containment, disease, genetic screening, and identification of individual animals. The report shall be transmitted to the chairpersons of the house of representatives committees on agriculture and rural development and fisheries and wildlife and the senate committees on agriculture and natural resources by July 1, 1995.

NEW SECTION. Sec. 33. Sections 1 through 13 of this act shall constitute a new chapter in Title 15 RCW."