1135-S.E AMS RASM S2772.6

1135-S.E AAS 4/8/93

ESHB 1135 - S AMD 000607

By Senator Rasmussen

ADOPTED (S-2772.6) AS AMENDED 4/8/93

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 intends to establish a process to identify vertebrate animal species that may be commercially raised in the state of Washington.

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 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 alternative livestock farming within the state. It is also the policy of this state to protect wildlife and existing traditional livestock industries 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 those species designated under the provisions of section 10 of this act so 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. "Alternative livestock" shall not include: Resident wildlife species that currently exist in a wild state in the state of Washington; domestic dogs (canis familiaris) or domestic cats (felis domestica); private sector aquatic products as defined in and regulated under chapter 15.85 RCW; animals raised for release into the wild; animals raised for the purpose of hunting that takes place in this state; or fur farming and game farming as currently allowed and regulated by chapters 16.72 and 77.32 RCW.

(2) "Alternative livestock farm or ranch" means the farm or ranch upon which alternative livestock are reared and shall not include publicly and privately owned facilities for which a license or permit is required under RCW 77.12.570 or 77.32.010.

(3) "Alternative livestock products" means the agricultural 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 5 of this act and is not identified as required.

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

(5) "Traditional livestock" means horses, mules, cattle, sheep, swine, goats, poultry, and rabbits regulated by the department of agriculture. Other species may be designated jointly by the director of agriculture and director of wildlife pursuant to section 10 of this act.

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 reared on or derived from an alternative livestock farm.

NEW SECTION. Sec. 5. The director of agriculture shall, in consultation with the director of wildlife and the alternative livestock council, establish methods of identification requirements, such as tattoos, branding, or eartags, 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. 6. The department of agriculture shall, in consultation with the department of wildlife and other interests, develop a program of disease inspection and control for alternative livestock. The purpose of the program is to protect the traditional and alternative livestock industries from the loss of animals or productivity to disease and to protect wildlife in this state.

The department of agriculture shall adopt new or amend existing rules in conformance with chapter 34.05 RCW. The department of agriculture shall administer a program of disease inspection and control for alternative livestock. As used in this section "disease" means, in addition to its ordinary meaning, infestations of parasites or pests.

NEW SECTION. Sec. 7. 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 and the director of wildlife shall, in consultation with the alternative livestock council, establish by rule reasonable 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 may differ between species based upon factors including but not limited to economic value, degree of services required, and complexity of regulations. 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 the wildlife fund established in RCW 77.12.170 and shall be used solely to carry out the provisions of this chapter.

NEW SECTION. Sec. 8. 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 livestock, 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 and are recaptured may be 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. 9. Growers of nontraditional animals shall register with the department of agriculture within one hundred eighty days of the effective date of this act. This registration will not in any way be construed to initiate the petition for designation process established in section 10 of this act. The legal status of a species that on the effective date of this act is present in the state and registered in accordance with this section does not change unless the directors jointly adopt rules about the registered species.

NEW SECTION. Sec. 10. (1) A vertebrate animal identification process is hereby established. The purpose of the process is to provide a method by which animals are classified as alternative or traditional livestock.

(2) Species that are designated as traditional livestock shall be regulated by the department of agriculture. Species in addition to those specified in section 2(5) of this act may be designated as traditional livestock by joint rule adopted by the department of wildlife and the department of agriculture.

(3) A species may be petitioned for regulation by the director of wildlife, the director of agriculture, or any person registering under section 9 of this act by filing with either department a completed written petition requesting the joint regulation of a species under this chapter.

(4) The two directors may decide if and how a species is to be regulated through jointly adopted rules. Each determination shall be in writing and shall be published in the Washington State Register.

(5) If the two directors do not reach agreement as to whether and how a species should be regulated under this chapter, a scientific review board shall be convened in accordance with section 11 of this act and shall make a written recommendation to the directors as to the status of the species in question. Should the directors fail to agree within thirty days after receipt of such recommendation, the determination shall be made by the governor.

(6) Resident wildlife shall be regulated by the department of wildlife and may not be classified under this chapter as alternative livestock except as provided in section 12 of this act.

(7)(a) Any species that is not present in the state as of the effective date of this act, may be petitioned by any person for possible regulation and such petition acted upon under this section prior to entry for allowance or prohibition as alternative livestock.

(b) The legal status of a species that on the effective date of this act is present in the state and registered in accordance with section 9 of this act does not change unless the directors jointly adopt rules about the registered species.

NEW SECTION. Sec. 11. (1) A scientific review board, convened pursuant to section 10 of this act shall consist of three members. One member shall be appointed by the director of the department of wildlife, one member shall be appointed by the director of the department of agriculture, and one member shall be appointed jointly by these two members. The members that are appointed by the two departments must have qualifications that are appropriate to their responsibilities under this chapter. All three members must be residents of the state of Washington prior to appointment.

(2) The board may take testimony and seek other expert advice.

(3) All meetings of the board shall be public.

(4) The board may hold public hearings and take public testimony before making a written recommendation concerning whether a species is prohibited or allowed under section 10 of this act.

(5) All recommendations concerning whether a species is to be regulated under this chapter shall be written and shall include findings of fact. Recommendations shall be published in the Washington State Register.

(6) The board shall attend all public hearings held on the adoption of proposed rules under this chapter, review existing agency rules that pertain to the issues addressed by this chapter, review the rules proposed under this chapter, and provide comments and recommendations to the departments regarding the need, adequacy, and workability of the proposed rules.

NEW SECTION. Sec. 12. Wildlife species that exist in a wild state in the state of Washington are not alternative livestock and may not be farmed except as provided in this section. By joint 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. The directors shall, within ninety days of the adoption of the rule, jointly prepare a report on the rule adopted under this section, which shall include specific detail on the methods used to determine genetic integrity of farmed rocky mountain elk (cervus elaphus nelsoni). Within two years of the adoption of the rule, the directors shall jointly prepare a report on the status of operations conducted under the provisions of the rule. The reports shall be transmitted to the chairs of the house of representatives committees on agriculture and rural development and fisheries and wildlife and the senate committees on agriculture and natural resources.

NEW SECTION. Sec. 13. (1) If rule making under this chapter restricts the economic utilization of a species being raised for commercial purposes in the state, then the provisions of chapter 19.85 RCW shall apply and a small business economic impact statement shall be prepared. Such activity shall be considered as an industry for the purpose of RCW 19.85.020.

(2) The department of agriculture and the department of wildlife, in consultation with the attorney general, shall develop a report containing findings and recommendations regarding the establishment of an indemnification policy. Such report shall be delivered by December 15, 1993, to the secretary of the senate and the speaker of the house of representatives.

Sec. 14. RCW 19.85.020 and 1989 c 374 s 1 are each amended to read as follows:

Unless the context clearly indicates otherwise, the definitions in this section apply through this chapter.

(1) "Small business" has the meaning given in RCW 43.31.025(4).

(2) "Small business economic impact statement" means a statement meeting the requirements of RCW 19.85.040 prepared by a state agency pursuant to RCW 19.85.030.

(3) "Industry" means all of the businesses in this state in any one three-digit standard industrial classification as published by the United States department of commerce and those specifically declared to be an industry by a provision of state law.

NEW SECTION. Sec. 15. The director of agriculture and the director of wildlife shall develop by rule the requirements for documents, data, scientific evidence, or other items to be submitted that will constitute a completed written petition for the purpose of section 10(4) of this act. The directors shall develop criteria upon which to make evaluations as to whether and how petitioned species will be regulated.

The department of agriculture and the department of wildlife may adopt rules in accordance with chapter 34.05 RCW to carry out the provisions of this chapter.

NEW SECTION. Sec. 16. The alternative livestock council is created. The council shall consist of seven persons. 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 directors 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 each director by appointment. The council shall advise the departments on all aspects of alternative livestock farming and the regulation and marketing of alternative livestock and alternative livestock products.

NEW SECTION. Sec. 17. All rules of the department of wildlife and the department of agriculture that are inconsistent with the provisions of chapter . . ., Laws of 1993 (this act), shall be amended or repealed to comply with chapter . . ., Laws of 1993 (this act).

Sec. 18. RCW 77.08.010 and 1989 c 297 s 7 are each amended to read as follows:

As used in this title or rules adopted pursuant to this title, unless the context clearly requires otherwise:

(1) "Director" means the director of wildlife.

(2) "Department" means the department of wildlife.

(3) "Commission" means the state wildlife commission.

(4) "Person" means and includes an individual, a corporation, or a group of two or more individuals acting with a common purpose whether acting in an individual, representative, or official capacity.

(5) "Wildlife agent" means a person appointed and commissioned by the director, with authority to enforce laws and rules adopted pursuant to this title, and other statutes as prescribed by the legislature.

(6) "Ex officio wildlife agent" means a commissioned officer of a municipal, county, state, or federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the appropriate jurisdiction. The term "ex officio wildlife agent" includes fisheries patrol officers, special agents of the national marine fisheries commission, state parks commissioned officers, United States fish and wildlife special agents, department of natural resources enforcement officers, and United States forest service officers, while the agents and officers are within their respective jurisdictions.

(7) "To hunt" and its derivatives means an effort to kill, injure, capture, or harass a wild animal or wild bird.

(8) "To trap" and its derivatives means a method of hunting using devices to capture wild animals or wild birds.

(9) "To fish" and its derivatives means an effort to kill, injure, harass, or catch a game fish.

(10) "Open season" means those times, manners of taking, and places or waters established by rule of the commission for the lawful hunting, fishing, or possession of game animals, game birds, or game fish. "Open season" includes the first and last days of the established time.

(11) "Closed season" means all times, manners of taking, and places or waters other than those established as an open season.

(12) "Closed area" means a place where the hunting of some species of wild animals or wild birds is prohibited.

(13) "Closed waters" means all or part of a lake, river, stream, or other body of water, where fishing for game fish is prohibited.

(14) "Game reserve" means a closed area where hunting for all wild animals and wild birds is prohibited.

(15) "Bag limit" means the maximum number of game animals, game birds, or game fish which may be taken, caught, killed, or possessed by a person, as specified by rule of the commission for a particular period of time, or as to size, sex, or species.

(16) "Wildlife" means all species of the animal kingdom whose members exist in Washington in a wild state. This includes but is not limited to mammals, birds, reptiles, amphibians, fish, and invertebrates. The term "wildlife" does not include feral domestic mammals, the family Muridae of the order Rodentia (old world rats and mice), or those fish, shellfish, and marine invertebrates classified by the director of fisheries. The term "wildlife" includes all stages of development and the bodily parts of wildlife members.

(17) "Wild animals" means those species of the class Mammalia whose members exist in Washington in a wild state and the species Rana catesbeiana (bullfrog). The term "wild animal" does not include feral domestic mammals or the family Muridae of the order Rodentia (old world rats and mice).

(18) "Wild birds" means those species of the class Aves whose members exist in Washington in a wild state.

(19) "Protected wildlife" means wildlife designated by the commission that shall not be hunted or fished.

(20) "Endangered species" means wildlife designated by the commission as seriously threatened with extinction.

(21) "Game animals" means wild animals that shall not be hunted except as authorized by the commission.

(22) "Fur-bearing animals" means game animals that shall not be trapped except as authorized by the commission.

(23) "Game birds" means wild birds that shall not be hunted except as authorized by the commission.

(24) "Predatory birds" means wild birds that may be hunted throughout the year as authorized by the commission.

(25) "Deleterious exotic wildlife" means species of the animal kingdom not native to Washington and designated as dangerous to the environment or wildlife of the state but excluding traditional livestock as defined in section 2(5) of this act.

(26) "Game farm" means property on which wildlife is held or raised for commercial purposes, trade, or gift. The term "game farm" does not include publicly owned facilities.

(27) "Person of disability" means a permanently disabled person who is not ambulatory without the assistance of a wheelchair, crutches, or similar devices.

NEW SECTION. Sec. 19. 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, 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. 20. 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. 21. 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. 22. 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 the rules, the department shall consult with the department of wildlife of the state of Washington.

Sec. 23. RCW 16.36.050 and 1979 c 154 s 11 are each amended to read as follows:

It is unlawful for a 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~~)) is 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~~)) is 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~~)) is 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. 24. 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. 25. RCW 16.36.060 and 1985 c 415 s 2 are each amended to read as follows:

It ((~~shall be~~)) is 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~~)) is 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. 26. 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. 27. RCW 16.36.080 and 1947 c 172 s 7 are each amended to read as follows:

It ((~~shall be~~)) is 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. 28. 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. 29. 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.

(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.

Sec. 30. RCW 16.52.010 and 1901 c 146 s 17 are each amended to read as follows:

In RCW 16.52.010 through 16.52.055, 16.52.070 through 16.52.090 and 16.52.100 through 16.52.180 the singular shall include the plural; the word "animal" shall be held to include every living creature, except man; the words "torture," "torment," and "cruelty," shall be held to include every act, omission, or neglect whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted; and the words "owner" and "person" shall be held to include corporations as well as individuals; and the knowledge and acts of agents of and persons employed by corporations in regard to animals transported, owned, or employed by, or in the custody of such corporations, shall be held to be the act and knowledge of such corporations as well as of such agents or employees.

"Domestic animal" for the purposes of this chapter shall include alternative livestock as defined in section 2 of this act.

NEW SECTION. Sec. 31. Sections 1 through 13, 15, and 16 of this act shall constitute a new chapter in Title 15 RCW."

ESHB 1135 - S AMD

By Senator Rasmussen

ADOPTED (S2772.6) AS AMENDED 4/8/93

On page 1, line 1 of the title, after "livestock;" strike the remainder of the title and insert "amending RCW 19.85.020, 77.08.010, 16.36.005, 16.36.010, 16.36.020, 16.36.050, 16.36.040, 16.36.060, 16.36.070, 16.36.080, 16.36.100, 16.57.010, and 16.52.010; adding a new section to chapter 16.49A RCW; adding a new chapter to Title 15 RCW; and creating a new section."