AN ACT Relating to alternative livestock;
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.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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 improvements 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.
