5315-S AMH SEHL H2957.3
SSB 5315 - H AMDS TO AG COMM AMD (H2801.3) 730 WITHDRAWN 4/13/95
By Representatives Sehlin and Chandler
Beginning on page 43, line 5 of the amendment, strike all material through page 54, line 3, and insert the following:
"NEW SECTION. Sec. 49. 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 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.
Therefore, it is the policy of this state to protect wildlife and existing domestic 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. 50. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Alternative livestock" means those species classified under the provisions of section 57 of this act, so long as the alternative livestock 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" does not include: Domestic dogs (canis familiaris) or domestic cats (felis domestica) or other members of the family Felidae; domestic livestock as defined in RCW 16.36.005; 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, 17.12, 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 53 of this act and that is not identified as required.
(4) "Department" means the department of agriculture.
NEW SECTION. Sec. 51. 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.
NEW SECTION. Sec. 52. 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. 53. The director of agriculture shall, in consultation with the director of fish and wildlife, 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 fish and wildlife to effectively administer and enforce Title 77 RCW. The director of agriculture shall also consult with the director of fish and wildlife to ensure that such rules enable the department of fish and wildlife to enforce the programs administered under Title 77 RCW.
NEW SECTION. Sec. 54. The department shall, in consultation with the department of fish and wildlife and other interests, develop a program of disease inspection and control for alternative livestock. The purpose of the program is to protect the domestic and alternative livestock industries from the loss of animals or productivity to disease and to protect wildlife in this state.
The department shall adopt new or amend existing rules in conformance with chapter 34.05 RCW. The department shall administer a program of disease inspection and control for alternative livestock. As used in this section "disease" means, in addition its ordinary meanings, infestations of parasites or pests.
NEW SECTION. Sec. 55. The owner of a farm or ranch for alternative livestock shall register the farm or ranch annually with the department. 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 fish and wildlife shall 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 rules. Seventy-five percent of the fees collected under this section shall be deposited in the alternative livestock farm account, hereby created, within the agricultural local fund and the remainder shall be deposited in the wildlife fund, and shall be used solely to carry out the provisions of this chapter.
NEW SECTION. Sec. 56. The director of agriculture and the director of fish and wildlife shall study, with input from the alternative livestock industry and other interested parties, 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 domestic livestock, wildlife, and alternative livestock.
If an animal is not enclosed as required in rules adopted under this section or if it is found by a state fish and wildlife or agricultural official or local law enforcement officer outside an area of an enclosure that is required in rules adopted under this section, the unenclosed or found animal is declared to be a public nuisance. An owner of alternative livestock may request assistance from the department of agriculture, department of fish and 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 escape 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. 57. (1) Animals shall be classified as alternative livestock under the process established in this section.
(2) A species may be petitioned for regulation by the director of fish and wildlife, the director of agriculture, or any person by filing with either department a completed written petition requesting the joint regulation of a species under this chapter.
(3) The directors shall 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.
(4) If the directors do not reach agreement as to whether and how a species should be regulated under this chapter, the directors will convene a scientific review panel that will make a written recommendation to the directors as to the status of the species in question.
(5)(a) Any species that is not present in the state as of the effective date of this section, 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 is present in the state on the effective date of this section does not change unless new or amended rules regarding such species are adopted.
NEW SECTION. Sec. 58. Wildlife species that exist in a wild state in the state of Washington may not be trapped or captured or otherwise taken for use in an alternative livestock farming operation.
NEW SECTION. Sec. 59. The director of agriculture and the director of fish and 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 57 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 fish and wildlife may adopt rules in accordance with chapter 34.05 RCW to carry out the provisions of this chapter.
NEW SECTION. Sec. 60. All rules of the department of fish and wildlife and the department of agriculture that are inconsistent with the provisions of chapter . . ., Laws of 1995 (this act) or the rules adopted under it, shall be amended or repealed to comply with chapter . . ., Laws of 1995 (this act) or such rules.
Sec. 61. RCW 16.36.005 and 1987 c 163 s 1 are each amended to read as follows:
As used in this chapter:
"Animal" means all members of the animal kingdom except humans, fish, and insects.
"Director" means the director of agriculture of the state of Washington or his or her authorized representative.
"Department" means the department of agriculture of the state of Washington.
"Domestic livestock" means horses, mules, donkeys, cattle, sheep, goats, swine, poultry, rabbits, llamas, alpacas, ratites, and other species so designated by statute.
"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.
NEW SECTION. Sec. 62. 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 50 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 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. The director may employ such personnel as are necessary to carry out the provisions of this section.
Sec. 63. 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)) this
chapter and chapter 16.44 RCW means 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, animals, or animal((s)) species
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. 64. 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.
Sec. 65. RCW 16.36.050 and 1979 c 154 s 11 are each amended to read as follows:
It
is 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. 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 without first having secured an official health
certificate or certificate of veterinary inspection, ((certified))
reviewed 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)) livestock
imported into this state for immediate slaughter, or ((domestic)) livestock
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. This section does not allow or purport to allow importation,
possession, or uses of animals which are in violation of Title 77 RCW or the
rules adopted thereunder.
Sec. 66. 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 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)) testing 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)). However, these
rules shall not allow or purport to allow importation, possession, or uses of
animals that are in violation of Title 77 RCW or the rules adopted under Title
77 RCW. In adopting such rules for animals other than domestic livestock, the
department shall consult with the department of fish and wildlife.
Sec. 67. 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)) is 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 or his or her duly
authorized representative shall have the authority under ((such))
rules ((and regulations)) as shall be ((promulgated by him)) adopted
by the director to enter at any reasonable time the premises of any ((livestock))
animal owner to make tests on or examinations of any animals for
diseased condition((s, and it shall be)). It is unlawful for any
person to interfere with ((such)) the tests or examinations
in any manner, or to ((violate)) alter any segregation or
identification ((order)) systems made in connection with ((such))
the tests or examinations by the director of agriculture, or his or
her duly authorized representative.
Sec. 68. 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))
facsimile, notify the director of agriculture of the prevalence of or
probable danger of infection from any of the diseases of ((domestic))
animals the director of agriculture personally, or by the ((supervisor of
dairy and livestock)) state veterinarian, 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))
the 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))
the 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. 69. 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 within the state of any
reportable diseases as published by the director of agriculture.
Sec. 70. 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 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))
the moneys are paid over to the state."
Renumber the remaining sections consecutively, correct internal references, and correct the title.
SSB 5315 - H AMDS TO AG COMM AMD (H2801.3)
By Representative
On page 66, line 11 of the amendment, strike "50 through 59" and insert "49 through 60"
On page 66, line 20 of the amendment, strike "52, 95," and insert "95"
EFFECT: The amendment alters the provisions of the bill regarding the designation and regulation of alternative livestock. (1) Animal species commercially brought into production in this state since 1980 are not automatically designated as alternative livestock. Companion animals other than dogs and cats are no longer expressly exempted from being considered as alternative livestock. (2) The Washington State Department of Agriculture (WSDA) is no longer the sole regulatory agency for such livestock. The Director of the WSDA and the Director of the Department of Fish and Wildlife (F&W) jointly decide if and how a species is to be regulated as alternative livestock. Both develop criteria upon which evaluations of proposals are to be evaluated. Enclosure requirements are to be established jointly. The WSDA must consult F&W regarding identification requirements. (3) The WSDA is directed to establish and administer a disease inspection and control program for alternative livestock. (4) Registration fees must be set by the WSDA and F&W and must cover the costs of administering the program. 75 percent of the fees are to be deposited in the Agricultural Local Fund and the remainder in the Wildlife Fund. (5) Animals required to be enclosed which are not so enclosed are declared to be public nuisances. They may be impounded, but may not be returned to the alternative livestock farm until enclosure improvements have been made that will prevent a recurrence. The owner of such unenclosed alternative livestock is liable for damages done by the livestock. (6) The definitions of wildlife and deleterious exotic wildlife no longer exempt alternative livestock, but rules adopted under those provisions of law must be consistent with the rules adopted under the alternative livestock laws. (7) The animals for which the WSDA has disease control authority under its general disease control laws expressly do not include humans, fish, or insects.
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