Z-1092.3 _______________________________________________
SENATE BILL 6186
_______________________________________________
State of Washington 55th Legislature 1998 Regular Session
By Senators Swecker and Rasmussen; by request of Department of Agriculture
Read first time 01/12/98. Referred to Committee on Agriculture & Environment.
AN ACT Relating to livestock identification; amending RCW 16.57.010, 16.57.015, 16.57.020, 16.57.030, 16.57.040, 16.57.050, 16.57.080, 16.57.090, 16.57.100, 16.57.120, 16.57.130, 16.57.140, 16.57.150, 16.57.160, 16.57.165, 16.57.170, 16.57.180, 16.57.200, 16.57.210, 16.57.220, 16.57.230, 16.57.240, 16.57.260, 16.57.270, 16.57.275, 16.57.280, 16.57.290, 16.57.300, 16.57.310, 16.57.320, 16.57.330, 16.57.340, 16.57.360, 16.57.370, 16.57.400, 16.57.410, 16.58.020, 16.58.030, 16.58.040, 16.58.050, 16.58.060, 16.58.070, 16.58.080, 16.58.095, 16.58.100, 16.58.110, 16.58.130, 16.58.140, 16.58.150, 16.58.170, 16.65.010, 16.65.015, 16.65.020, 16.65.030, 16.65.037, 16.65.040, 16.65.042, 16.65.080, 16.65.090, 16.65.100, 16.65.140, 16.65.170, 16.65.190, 16.65.200, 16.65.235, 16.65.260, 16.65.280, 16.65.340, 16.65.350, 16.65.380, 16.65.390, 16.65.420, and 16.65.422; amending 1997 c 356 s 12 (uncodified); adding new sections to chapter 16.57 RCW; adding a new section to chapter 42.17 RCW; creating a new section; repealing RCW 16.65.110 and 16.57.380; repealing 1997 c 356 s 3; repealing 1997 c 356 s 5; repealing 1997 c 356 s 7; repealing 1997 c 356 s 9; repealing 1997 c 356 s 11; prescribing penalties; and providing effective dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 16.57.010 and 1996 c 105 s 1 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)) his
or her duly ((appointed)) authorized 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, and poultry ((and rabbits)).
(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)) Livestock inspection" or
"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))
including the examination of documents providing evidence of ownership.
(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.
(10) "Poultry" means chickens, turkeys, ratites, and other domesticated fowl.
(11) "Ratite" means, but is not limited to, ostrich, emu, rhea, or other flightless bird used for human consumption, whether live or slaughtered.
(12)
(("Ratite farming" means breeding, raising, and rearing of an
ostrich, emu, or rhea in captivity or an enclosure.
(13)))
"Microchipping" means the implantation of an identification microchip
or similar electronic identification device to establish the identity of an
individual animal:
(a) In the pipping muscle of a chick ratite or the implantation of a microchip in the tail muscle of an otherwise unidentified adult ratite;
(b) In the nuchal ligament of a horse unless otherwise specified by rule of the director; and
(c) In locations of other livestock species as specified by rule of the director when requested by an association of producers of that species of livestock.
(13) "Certificate of permit" means a form prescribed by and obtained from the director that is completed by the owner or a person authorized to act on behalf of the owner to show the ownership of livestock. It does not evidence inspection of livestock.
(14) "Inspection certificate" means a certificate issued by the director documenting the ownership of an animal based on an inspection of the animal by the director. It includes an individual identification certificate issued by the director.
(15) "Self-inspection certificate" means a form prescribed by and obtained from the director that is used for self-inspection of cattle or horses and is signed by the buyer and seller of the cattle or horses.
Sec. 2. RCW 16.57.015 and 1993 c 354 s 10 are each amended to read as follows:
(1) The director shall establish a livestock identification advisory board. The board shall be composed of six members appointed by the director. One member shall represent each of the following groups: Beef producers, public livestock market operators, horse owners, dairy farmers, cattle feeders, and meat processors. In making appointments, the director shall solicit nominations from organizations representing these groups state-wide.
(2)
The purpose of the board is to provide advice to the director regarding
livestock identification programs administered under this chapter and regarding
((brand)) inspection fees and related licensing fees. The director
shall consult the board before adopting, amending, or repealing a rule under
this chapter or altering a fee under RCW 16.58.050, 16.58.130, 16.65.030, 16.65.037,
or 16.65.090. If the director publishes in the state register a proposed rule
to be adopted under the authority of this chapter ((or a proposed rule
setting a fee under RCW 16.58.050, 16.58.130, 16.65.030, or 16.65.090)) and
the rule has not received the approval of the advisory board, the director
shall file with the board a written statement setting forth the director's
reasons for proposing the rule without the board's approval.
(3) The members of the advisory board serve three-year terms. However, the director shall by rule provide shorter initial terms for some of the members of the board to stagger the expiration of the initial terms. The members serve without compensation. The director may authorize the expenses of a member to be reimbursed if the member is selected to attend a regional or national conference or meeting regarding livestock identification. Any such reimbursement shall be in accordance with RCW 43.03.050 and 43.03.060.
Sec. 3. RCW 16.57.020 and 1994 c 46 s 7 are each amended to read as follows:
The
director shall be the recorder of livestock brands and such brands shall not be
recorded elsewhere in this state. Any person desiring to ((register)) record
a livestock brand shall apply on a form prescribed by the director. ((Such))
The application shall be accompanied by a facsimile of the brand applied
for and a ((thirty-five)) seventy dollar recording fee. The
director shall, upon his or her satisfaction that the application and brand
facsimile meet the requirements of this chapter and/or rules adopted hereunder,
record ((such)) the brand.
Sec. 4. RCW 16.57.030 and 1959 c 54 s 3 are each amended to read as follows:
The
director shall not record tattoo brands or marks for any purpose ((subsequent
to the enactment of this chapter. However, all tattoo brands and marks of
record on the date of the enactment of this chapter shall be recognized as
legal ownership brands or marks)).
Sec. 5. RCW 16.57.040 and 1974 ex.s. c 64 s 1 are each amended to read as follows:
The
director may provide for the use of production record brands. Numbers for such
brands shall be issued at the discretion of the director and shall be placed on
livestock immediately below the ((registered)) recorded ownership
brand or any other location prescribed by the director.
Sec. 6. RCW 16.57.050 and 1959 c 54 s 5 are each amended to read as follows:
No
person shall place a brand on livestock for any purpose unless ((such)) the
brand is recorded in his or her name.
Sec. 7. RCW 16.57.080 and 1994 c 46 s 16 are each amended to read as follows:
The
director shall establish by rule a schedule for the renewal of ((registered))
recorded brands. The fee for renewal of ((the brands)) a
recorded brand shall be ((no less than twenty-five)) seventy
dollars for each two-year period of brand ownership, except that the director
may, in adopting a renewal schedule, provide for the collection of renewal fees
on a prorated basis ((and may by rule increase the registration and renewal
fee for brands by no more than fifty percent subsequent to a hearing under
chapter 34.05 RCW and in conformance with RCW 16.57.015)). At least sixty
days before the expiration of a ((registered)) recorded brand,
the director shall notify by letter the owner of record of the brand that on
the payment of the ((requisite application fee and application of))
renewal fee the director shall issue ((the)) proof of payment
allowing the brand owner exclusive ownership and use of the brand for the
subsequent ((registration)) ownership period. The failure of the
((registered)) owner to pay the renewal fee by the date required by rule
shall cause ((such owner's)) the brand to revert to the
department. The director may for ((a period of)) one year following ((such))
the reversion, reissue ((such)) the brand only to the
prior ((registered)) owner upon payment of the ((registration)) renewal
fee and a late filing fee ((to be prescribed by the director by rule
subsequent to a hearing under chapter 34.05 RCW and in conformance with RCW
16.57.015,)) of fifteen dollars for renewal subsequent to the
regular renewal period. The director may at the director's discretion, if ((such))
the brand is not reissued within one year to the prior ((registered))
owner, issue ((such)) the brand to any other applicant.
Sec. 8. RCW 16.57.090 and 1994 c 46 s 17 are each amended to read as follows:
A
brand is the personal property of the owner of record. Any instrument
affecting the title of ((such)) the brand shall be acknowledged in
the presence of the recorded owner and a notary public. The director shall
record ((such)) the instrument upon presentation and payment of a
recording fee ((not to exceed)) of fifteen dollars ((to be
prescribed by the director by rule subsequent to a hearing under chapter 34.05
RCW and in conformance with RCW 16.57.015. Such)). The recording
shall be constructive notice to all the world of the existence and conditions
affecting the title to ((such)) the brand. A copy of all records
concerning the brand, certified by the director, shall be received in evidence
to all intent and purposes as the original instrument. The director shall not
be personally liable for failure of the director's agents to properly record ((such))
the instrument.
Sec. 9. RCW 16.57.100 and 1971 ex.s. c 135 s 3 are each amended to read as follows:
The
right to use a brand shall be evidenced by the original certificate issued by
the director showing that the brand is of present record or a certified copy of
the record of ((such)) the brand showing that it is of present
record. A healed brand of record on livestock shall be prima facie evidence
that the recorded owner of ((such)) the brand has legal title to
((such)) the livestock and is entitled to its possession((:
PROVIDED, That)). The director may require additional proof of
ownership ((of)) for any animal showing more than one healed
brand.
Sec. 10. RCW 16.57.120 and 1991 c 110 s 2 are each amended to read as follows:
No
person shall remove or alter a brand of record on livestock without first
having secured the written permission of the director. Violation of this
section ((shall be)) is a gross misdemeanor ((punishable to
the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021)).
Sec. 11. RCW 16.57.130 and 1959 c 54 s 13 are each amended to read as follows:
The
director shall not record a brand that is identical to a brand of present
record; nor a brand so similar to a brand of present record that it will be
difficult to distinguish between ((such)) the brands when applied
to livestock.
Sec. 12. RCW 16.57.140 and 1994 c 46 s 18 are each amended to read as follows:
The
owner of a brand of record may ((procure)) obtain from the
director a certified copy of the record of the owner's brand upon payment of a
fee ((not to exceed)) of seven dollars and fifty cents ((to be
prescribed by the director by rule subsequent to a hearing under chapter 34.05
RCW and in conformance with RCW 16.57.015)).
Sec. 13. RCW 16.57.150 and 1974 ex.s. c 64 s 5 are each amended to read as follows:
The
director shall publish a book to be known as the "Washington State Brand
Book", showing all the brands of record. ((Such)) The book
shall contain the name and address of the owners of brands of record and a copy
of the ((brand)) livestock identification laws and ((regulations))
rules. Supplements to ((such)) the brand book showing
newly recorded brands, amendments, or newly adopted ((regulations,))
rules shall be published ((biennially, or prior thereto)) at the
discretion of the director((: PROVIDED, That)). Whenever ((he))
the director deems it necessary, the director may ((issue)) publish
a new brand book. The director may collect moneys to recover the reasonable
costs of publishing and distributing copies of the brand book.
NEW SECTION. Sec. 14. A new section is added to chapter 16.57 RCW to read as follows:
The director may adopt rules necessary to administer the recording and changing of ownership of brands.
Sec. 15. RCW 16.57.160 and 1991 c 110 s 3 are each amended to read as follows:
The
director may ((by rule adopted subsequent to a public hearing designate))
adopt rules:
(1)
Designating any point for mandatory ((brand)) inspection of cattle or
horses or the furnishing of proof that cattle passing or being transported
through ((such)) the point((s)) have been ((brand))
inspected and are lawfully being moved((. Further, the director may stop
vehicles carrying cattle to determine if such cattle are identified, branded,
or accompanied by the form prescribed by the director under RCW 16.57.240 or a
brand certificate issued by the department));
(2) Providing for self-inspection of cattle or horses; and
(3) Providing for issuance of individual horse and cattle identification certificates or other means of horse and cattle identification.
NEW SECTION. Sec. 16. A new section is added to chapter 16.57 RCW to read as follows:
Mandatory inspection requirements as provided under RCW 16.57.160 do not apply to any individual private sale of any unbranded female dairy breed cattle involving fifteen head or less. Exemption from mandatory inspection requirements does not exempt cattle sellers from paying assessments due to the Washington state beef commission under chapter 16.67 RCW.
Sec. 17. RCW 16.57.165 and 1971 ex.s. c 135 s 6 are each amended to read as follows:
The
director may, in order to reduce the cost of ((brand)) inspection to
livestock owners, enter into agreements with any qualified county, municipal,
or other local law enforcement agency, or qualified individuals for the purpose
of performing ((brand)) livestock inspection in areas where
department ((brand)) inspection may not readily be available.
Sec. 18. RCW 16.57.170 and 1959 c 54 s 17 are each amended to read as follows:
The
director may enter at any reasonable time any slaughterhouse or public
livestock market to ((make an examination of the brands on)) inspect
livestock or hides, and may enter at any reasonable time an establishment where
hides are held to ((examine)) inspect them for brands or other
means of identification. The director may enter any of these premises at any
reasonable time to examine all books and records required by law in matters
relating to ((brand inspection or other methods of)) livestock
identification.
Sec. 19. RCW 16.57.180 and 1959 c 54 s 18 are each amended to read as follows:
Should
the director be denied access to any premises or establishment where ((such))
access was sought for the purposes set forth in RCW 16.57.170, ((he)) the
director may apply to any court of competent jurisdiction for a search
warrant authorizing access to ((such)) the premises or
establishment for ((said)) those purposes. The court may upon ((such))
application, issue the search warrant for the purposes requested.
Sec. 20. RCW 16.57.200 and 1959 c 54 s 20 are each amended to read as follows:
Any
owner or his or her agent shall make ((the brand or brands on))
livestock being ((brand)) inspected readily ((visible)) accessible
and shall cooperate with the director to carry out ((such brand))
inspection in a safe and expeditious manner.
Sec. 21. RCW 16.57.210 and 1959 c 54 s 21 are each amended to read as follows:
The
director shall have authority to arrest ((any person)) without warrant
anywhere in the state any person found in the act of, or whom ((he))
the director has reason to believe is guilty of, driving, holding,
selling, or slaughtering stolen livestock. Any ((such)) person
arrested by the director shall be turned over to the sheriff of the county
where the arrest was made, as quickly as possible.
Sec. 22. RCW 16.57.220 and 1997 c 356 s 2 are each amended to read as follows:
((The
director shall cause a charge to be made for all brand inspection of cattle and
horses required under this chapter and rules adopted hereunder. Such charges
shall be paid to the department by the owner or person in possession unless
requested by the purchaser and then such brand inspection shall be paid by the purchaser
requesting such brand inspection. Except as provided by rule, such inspection
charges shall be due and payable at the time brand inspection is performed and
shall be paid upon billing by the department and if not shall constitute a
prior lien on the cattle or cattle hides or horses or horse hides brand
inspected until such charge is paid. The director in order to best utilize the
services of the department in performing brand inspection may establish
schedules by days and hours when a brand inspector will be on duty to perform
brand inspection at established inspection points. The fees for brand
inspection performed at inspection points according to schedules established by
the director shall be seventy-five cents per head for cattle and not more than
three dollars per head for horses as prescribed by the director subsequent to a
hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015. Fees
for brand inspection of cattle and horses at points other than those designated
by the director or not in accord with the schedules established by the director
shall be based on a fee schedule not to exceed actual net cost to the
department of performing the brand inspection service. For the purpose of this
section, actual costs shall mean fifteen dollars per hour and the current
mileage rate set by the office of financial management.)) (1) Except as
provided for in RCW 16.65.090 and subsection (2) of this section, the fee for
livestock inspection is ninety cents per head for cattle and four dollars per
head for horses or fifteen dollars per hour and the current mileage rate set by
the office of financial management, whichever is greater.
(2) Except as provided for in RCW 16.65.090, the fee for livestock inspection for any dairy breed calf less than thirty days of age sold by a milk producer licensed under RCW 15.36.041 is twenty cents per head or fifteen dollars per hour and the current mileage rate set by the office of financial management, whichever is greater.
(3) The fee for individual identification certificates is seven dollars and fifty cents for an annual certificate and fifteen dollars for a lifetime certificate or fifteen dollars per hour and the current mileage rate set by the office of financial management, whichever is greater. An identification shall not be issued until the director has received the fee.
(4) There is a minimum fee of two dollars and fifty cents for the issuance of any inspection certificate.
NEW SECTION. Sec. 23. A new section is added to chapter 16.57 RCW to read as follows:
(1) Any inspection fee shall be paid to the department by the owner or person in possession of the livestock unless the inspection is requested by the purchaser and then the fee shall be paid by the purchaser.
(2) Except as provided by rule, the inspection fee is due and payable at the time inspection is performed and shall be paid upon billing by the department and, if not, constitutes a prior lien on the cattle or cattle hides or horses or horse hides inspected until the fee is paid.
(3) A late fee of one and one-half percent per month shall be assessed on the unpaid balance against persons more than thirty days in arrears. An additional late fee of ten dollars or ten percent of the inspection fee due, whichever is greater, shall be assessed against persons more than sixty days in arrears.
(4) In addition to any other penalties, the director may refuse to perform an inspection service under this chapter for a person in arrears or who has failed to pay fees required by this chapter unless the person makes payment in full of all moneys due prior to performing the service.
Sec. 24. RCW 16.57.230 and 1995 c 374 s 50 are each amended to read as follows:
No
person shall collect or make a charge for ((brand)) inspection of
livestock unless there has been an actual ((brand)) inspection of ((such))
the livestock.
Sec. 25. RCW 16.57.240 and 1995 c 374 s 51 are each amended to read as follows:
((Any
person purchasing, selling, holding for sale, trading, bartering, transferring
title, slaughtering, handling, or transporting cattle shall keep a record on
forms prescribed by the director. Such forms)) (1) Certificates of
permit, inspection certificates, and self-inspection certificates shall
show the owner number, ((specie)) breed, sex, brand or other
method of identification of ((such)) the cattle or horses
and any other necessary information required by the director. ((The
original shall be kept for a period of three years or shall be furnished to the
director upon demand or as prescribed by rule, one copy shall accompany the
cattle to their destination and shall be subject to inspection at any time by
the director or any peace officer or member of the state patrol: PROVIDED,
That in the following instances only, cattle may be moved or transported within
this state without being accompanied by an official certificate of permit,
brand inspection certificate, bill of sale, or self-inspection slip:
(1)
When such cattle are moved or transported upon lands under the exclusive
control of the person moving or transporting such cattle;
(2)
When such cattle are being moved or transported for temporary grazing or
feeding purposes and have the registered brand of the person having or
transporting such cattle.))
(2) The director may issue certificate of permit forms to any person on payment of a fee established by rule.
(3) Inspection certificates, self-inspection certificates, or other satisfactory proof of ownership shall be kept by the owner and/or person in possession of any cattle or horses and shall be furnished to the director or any peace officer upon demand.
NEW SECTION. Sec. 26. A new section is added to chapter 16.57 RCW to read as follows:
Cattle may not be moved or transported within this state without being accompanied by a certificate of permit, inspection certificate, or self-inspection certificate except:
(1) When the cattle are moved or transported upon lands under the exclusive control of the person moving or transporting the cattle; or
(2) When the cattle are being moved or transported for temporary grazing or feeding purposes and have the recorded brand of the person having or transporting the cattle.
Certificate of permits, inspection certificates, or self-inspection certificates accompanying cattle being moved or transported within this state shall be subject to inspection at any time by the director or any peace officer.
Sec. 27. RCW 16.57.260 and 1981 c 296 s 19 are each amended to read as follows:
It
((shall be)) is unlawful for any person to remove or cause to be
removed or accept for removal from this state, any cattle or horses which are
not accompanied at all times by an ((official brand)) inspection
certificate issued by the director on such cattle or horses, except as provided
((in RCW 16.57.160)) by rule adopted under this chapter.
NEW SECTION. Sec. 28. A new section is added to chapter 16.57 RCW to read as follows:
The director or any peace officer may stop vehicles carrying cattle or horses to determine if the cattle or horses are identified, branded, or accompanied by a certificate of permit, inspection certificate, self-inspection certificate, or other satisfactory proof of ownership, as determined by the director.
Sec. 29. RCW 16.57.270 and 1959 c 54 s 27 are each amended to read as follows:
It
((shall be)) is unlawful for any person moving or transporting
livestock in this state to refuse to assist the director or any peace officer
in establishing the identity and ownership of ((such)) the
livestock being moved or transported.
Sec. 30. RCW 16.57.275 and 1967 c 240 s 37 are each amended to read as follows:
Any
cattle carcass, or primal part thereof, of any breed or age being transported
in this state from other than a state or federal licensed and inspected
slaughterhouse or common carrier hauling for ((such)) the
slaughterhouse, shall be accompanied by a certificate of permit signed by the
owner of ((such)) the carcass or primal part thereof and, if ((such))
the carcass or primal part is delivered to a facility custom handling ((such))
the carcasses or primal parts thereof, ((such)) the
certificate of permit shall be deposited with the owner or manager of ((such))
the custom handling facility and ((such)) the certificate
of permit shall be retained for a period of one year and be made available to
the department for inspection during reasonable business hours. ((The owner
of such carcass or primal part thereof shall mail a copy of the said
certificate of permit to the department within ten days of said transportation.))
Sec. 31. RCW 16.57.280 and 1995 c 374 s 52 are each amended to read as follows:
No
person shall knowingly have ((unlawful)) possession of any ((livestock))
cattle or horse marked with a recorded brand ((or tattoo)) of
another person unless the:
(1)
((Such livestock)) Cattle or horse lawfully bears the person's
own healed recorded brand; or
(2)
((Such livestock)) Cattle or horse is accompanied by a
certificate of permit from the owner of the recorded brand ((or tattoo));
or
(3)
((Such livestock)) Cattle or horse is accompanied by ((a brand))
an inspection certificate; or
(4)
((Such)) Cattle is accompanied by a self-inspection ((slip))
certificate; or
(5)
((Such livestock)) Horse is accompanied by a bill of sale from the
previous owner; or
(6)
Cattle or horse is accompanied by ((a bill of sale from the previous
owner or)) other satisfactory proof of ownership as determined by the
director.
A
violation of this section constitutes a gross misdemeanor ((punishable to
the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021)).
Sec. 32. RCW 16.57.290 and 1995 c 374 s 53 are each amended to read as follows:
((All
unbranded cattle and horses and those bearing brands not recorded, in the
current edition of this state's brand book, which are not accompanied by a
certificate of permit, and those bearing brands recorded, in the current
edition of this state's brand book, which are not accompanied by a certificate
of permit signed by the owner of the brand)) All cattle and horses that
are not accompanied by a certificate of permit, inspection certificate, or
self-inspection certificate, or other satisfactory proof of ownership when
presented for inspection by the director, shall be sold by the director ((or
the director's representative, unless other satisfactory proof of ownership is
presented showing the person presenting them to be lawfully in possession)).
Upon the sale of ((such)) the cattle or horses, the director ((or
the director's representative)) shall give the purchasers ((a bill of
sale therefor)) an official inspection certificate for the cattle or
horses, or, if theft is suspected, the cattle or horses may be impounded by
the director ((or the director's representative)).
Sec. 33. RCW 16.57.300 and 1989 c 286 s 24 are each amended to read as follows:
The
proceeds from the sale of cattle and horses as provided for under RCW
16.57.290, after paying the cost thereof, shall be paid to the director, who
shall make a record showing the brand or marks or other method of
identification of the animals and the amount realized from the sale thereof.
However, the proceeds from a sale of ((such)) the cattle or
horses at a licensed public livestock market shall be held by the licensee for
a reasonable period not to exceed thirty days to permit the consignor to establish
ownership or the right to sell ((such)) the cattle or horses. If
((such)) the consignor fails to establish legal ownership or the
right to sell ((such)) the cattle or horses, ((such)) the
proceeds shall be paid to the director to be disposed of as any other estray
proceeds.
Sec. 34. RCW 16.57.310 and 1959 c 54 s 31 are each amended to read as follows:
When
a person has been notified by registered mail that animals bearing ((his))
the person's recorded brand have been sold by the director, he or she
shall present to the director a claim on the proceeds within ten days from the
receipt of the notice or the director may decide that no claim exists.
Sec. 35. RCW 16.57.320 and 1991 c 110 s 6 are each amended to read as follows:
If,
after the expiration of one year from the date of sale, the person presenting
the animals for inspection has not provided the director with satisfactory
proof of ownership, the proceeds from the sale shall be paid on the claim of
the owner of the recorded brand. However, it shall be a gross misdemeanor for
the owner of the recorded brand to knowingly accept such funds after he or she
has sold, bartered or traded such animals to the claimant or any other person.
((A gross misdemeanor under this section is punishable to the same extent as
a gross misdemeanor that is punishable under RCW 9A.20.021.))
Sec. 36. RCW 16.57.330 and 1959 c 54 s 33 are each amended to read as follows:
If,
after the expiration of one year from the date of sale, no claim is made, the
money shall be credited to the department ((of agriculture)) to be
expended in carrying out the provisions of this chapter.
Sec. 37. RCW 16.57.340 and 1959 c 54 s 34 are each amended to read as follows:
The director ((shall have)) has the authority to
enter into reciprocal agreements with any or all states to prevent the theft,
misappropriation, or loss of identification of livestock. The director
may declare any livestock which is shipped or moved into this state from ((such))
those states estrays if ((such)) the livestock is not
accompanied by the proper ((official brand)) inspection
certificate or other ((such)) certificates required by the law of the
state of origin of ((such)) the livestock. The director may hold
((such)) the livestock subject to all costs of holding or sell ((such))
the livestock and send the funds, after the deduction of the cost of ((such))
the sale, to the proper authority in the state of origin of ((such))
the livestock.
Sec. 38. RCW 16.57.360 and 1991 c 110 s 7 are each amended to read as follows:
The department is authorized to issue notices of and enforce civil infractions in the manner prescribed under chapter 7.80 RCW.
The
violation of any provision of this chapter and/or rules ((and regulations))
adopted ((hereunder)) under this chapter shall constitute a class
I civil infraction as provided under chapter 7.80 RCW unless otherwise
specified herein.
Sec. 39. RCW 16.57.370 and 1959 c 54 s 37 are each amended to read as follows:
All fees collected under the provisions of this chapter shall be ((retained
and)) deposited ((by the director to be used only for the enforcement))
in an account in the agricultural local fund and used to carry out the
purposes of this chapter.
Sec. 40. RCW 16.57.400 and 1994 c 46 s 20 are each amended to read as follows:
((The
director may provide by rules and regulations adopted pursuant to chapter 34.05
RCW for the issuance of)) Horses and cattle may be identified by
individual horse and cattle identification certificates or other means of horse
and cattle identification ((deemed appropriate)) authorized by the
director. ((Such)) The certificates or other means of
identification ((shall be)) are valid only for the use of the
horse and cattle owner in whose name it is issued.
Horses
and cattle identified pursuant to ((the provisions of)) this section ((and
the rules and regulations adopted hereunder shall not be)) are only
subject to ((brand)) inspection ((except when sold)) at points
provided for in RCW ((16.57.380. The director shall charge a fee for the
certificates or other means of identification authorized pursuant to this
section and no identification shall be issued until the director has received
the fee. The schedule of fees shall be established in accordance with the
provisions of chapter 34.05 RCW)) 16.57.160.
Sec. 41. RCW 16.57.410 and 1993 c 354 s 11 are each amended to read as follows:
(1)
No person may act as a registering agency without a permit issued by the ((department))
director. The director may issue a permit to any person ((or
organization)) to act as a registering agency for the purpose of issuing
permanent identification symbols for horses in a manner prescribed by the
director. Application for ((such)) a permit, or the renewal
thereof by January 1 of each year, shall be on a form prescribed by the
director, and accompanied by the proof of registration to be issued, any other
documents required by the director, and a fee of one hundred dollars.
(2) Each registering agency shall maintain a permanent record for each individual identification symbol. The record shall include, but need not be limited to, the name, address, and phone number of the horse owner and a general description of the horse. A copy of each permanent record shall be forwarded to the director, if requested by the director.
(3)
Horses shall be examined for individual identification symbols ((shall
be inspected as required for brands under RCW 16.57.220 and 16.57.380. Any
horse)) when presented for inspection ((and bearing such a
symbol, but not accompanied by proof of registration and certificate of permit,
shall be sold as provided under RCW 16.57.290 through 16.57.330)).
(4)
The director shall adopt ((such)) rules ((as are)) necessary ((for
the effective administration of)) to administer this section ((pursuant
to chapter 34.05 RCW)).
NEW SECTION. Sec. 42. A new section is added to chapter 16.57 RCW to read as follows:
Any person licensed as a custom farm slaughterer under RCW 16.49.440 shall complete and attach a custom slaughter beef tag to each of the four quarters of all slaughtered cattle handled by the slaughterer. The tags must remain on the quarters until the quarters are cut and wrapped. Only the director may provide custom slaughter beef tags to licensed custom farm slaughterers. The fee for each set of four beef tags is two dollars. The director may, by rule, establish criteria for the use of custom slaughter beef tags.
Sec. 43. RCW 16.58.020 and 1971 ex.s. c 181 s 2 are each amended to read as follows:
For the purpose of this chapter:
(1)
"Certified feed lot" means any place, establishment, or facility
commonly known as a commercial feed lot, cattle feed lot, or the like, which
complies with all of the requirements of this chapter, and any ((regulations))
rules adopted ((pursuant to the provisions of)) under this
chapter and which holds a valid license from the director ((as hereinafter
provided)).
(2) "Department" means the department of agriculture of the state of Washington.
(3) "Director" means the director of the department or his or her duly authorized representative.
(4) "Licensee" means any persons licensed under the provisions of this chapter.
(5) "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.
(6) "Livestock inspection" or "inspection" means the examination of livestock or livestock hides for brands or any means of identifying livestock or livestock hides including the examination of documents providing evidence of ownership.
Sec. 44. RCW 16.58.030 and 1971 ex.s. c 181 s 3 are each amended to read as follows:
The
director may adopt ((such)) those rules ((and regulations))
as are necessary to carry out the purpose of this chapter. ((The adoption
of such rules shall be subject to the provisions of this chapter and rules and
regulations adopted hereunder.)) No person shall interfere with the
director when he or she is performing or carrying out any duties imposed
upon ((him)) the director by this chapter or rules ((and
regulations)) adopted ((hereunder)) under this chapter.
Sec. 45. RCW 16.58.040 and 1971 ex.s. c 181 s 4 are each amended to read as follows:
((On
or after August 9, 1971,)) Any person desiring to engage in the
business of operating one or more certified feed lots shall obtain an annual
license from the director for ((such)) that purpose. The
application for a license shall be on a form prescribed by the director and
shall include the following:
(1) The number of certified feed lots the applicant intends to operate and their exact location and mailing address;
(2) The legal description of the land on which the certified feed lot will be situated;
(3) A complete description of the facilities used for feeding and handling of cattle at each certified feed lot;
(4)
The estimated number of cattle which can be handled for feeding purposes at
each ((such)) certified feed lot; and
(5)
Any other information necessary to carry out the purpose and provisions of this
chapter and rules ((or regulations)) adopted ((hereunder)) under
this chapter.
Sec. 46. RCW 16.58.050 and 1997 c 356 s 4 are each amended to read as follows:
The
application for an annual license to engage in the business of operating one or
more certified feed lots shall be accompanied by a license fee of seven hundred
fifty dollars. Upon approval of the application by the director and compliance
with the provisions of this chapter and rules adopted ((hereunder)) under
this chapter, the applicant shall be issued a license or ((a)) license
renewal ((thereof)). The director shall conduct an inspection of all
cattle and their corresponding ownership documents prior to issuing an original
license. The inspection fee shall be the higher of the current inspection fee
per head of cattle or time and mileage as set forth in RCW 16.57.220.
Sec. 47. RCW 16.58.060 and 1991 c 109 s 10 are each amended to read as follows:
((The
director shall establish by rule an expiration date or dates for all certified
feed lot licenses. License fees shall be prorated where necessary to
accommodate staggering of expiration dates of a license or licenses.)) Certified
feed lot licenses expire on June 30th following the date of issuance. If
((an application for renewal of a certified feed lot license is not received
by the department per the date required by rule or should)) a person fails,
refuses, or neglects to apply for renewal of a ((preexisting))
license ((on or before the date of expiration)) by June 30th,
that person shall be assessed ((an additional)) a late fee of
twenty-five dollars which shall be added to the regular license fee and shall
be paid before the director may issue a license to the applicant.
Sec. 48. RCW 16.58.070 and 1989 c 175 s 54 are each amended to read as follows:
The
director is authorized to deny, suspend, or revoke a license in accord with the
provisions of chapter 34.05 RCW if he or she finds that there has been a
failure to comply with any requirement of this chapter or rules ((and
regulations)) adopted ((hereunder)) under this chapter.
Hearings for the revocation, suspension, or denial of a license shall be
subject to the provisions of chapter 34.05 RCW ((concerning adjudicative
proceedings)).
Sec. 49. RCW 16.58.080 and 1971 ex.s. c 181 s 8 are each amended to read as follows:
Every
certified feed lot shall be equipped with a facility or a livestock pen,
approved by the director as to location and construction within the ((said))
feed lot so that necessary ((brand)) livestock inspection can be
carried on in a proper, expeditious and safe manner. Each licensee shall
furnish the director with sufficient help necessary to carry out ((brand))
inspection in the manner set forth above.
Sec. 50. RCW 16.58.095 and 1991 c 109 s 11 are each amended to read as follows:
All
cattle entering or reentering a certified feed lot must be inspected ((for
brands)) upon entry, unless they are accompanied by ((a brand)) an
inspection certificate issued by the director, or any other agency authorized
in any state or Canadian province by law to issue ((such)) a
certificate. Licensees shall report a discrepancy between cattle entering or
reentering a certified feed lot and the ((brand)) inspection certificate
accompanying the cattle to the nearest ((brand)) inspector immediately.
A discrepancy may require an inspection of all the cattle entering or
reentering the lot, except as may otherwise be provided by rule.
Sec. 51. RCW 16.58.100 and 1979 c 81 s 3 are each amended to read as follows:
The
director shall ((each year)) conduct audits of the cattle received, fed,
handled, and shipped by the licensee at each certified feed lot. ((Such))
These audits shall be for the purpose of determining if ((such)) the
cattle correlate with the ((brand)) inspection certificates issued in
their behalf and that the certificate of assurance furnished the director by
the licensee correlates with his or her assurance that ((brand))
inspected cattle were not commingled with uninspected cattle.
Sec. 52. RCW 16.58.110 and 1991 c 109 s 12 are each amended to read as follows:
All
certified feed lots shall furnish the director with records as requested by ((him))
the director from time to time on all cattle entering or on feed in ((said))
the certified feed lots and dispersed therefrom. All ((such)) requested
records shall be subject to examination by the director for the purpose of
maintaining the integrity of the identity of all ((such)) the
cattle. The director may make the examinations only during regular business
hours except in an emergency to protect the interest of the owners of ((such))
the cattle.
Sec. 53. RCW 16.58.130 and 1997 c 356 s 6 are each amended to read as follows:
Each
licensee shall pay to the director a fee of ((fifteen)) ten cents
for each head of cattle handled through the licensee's feed lot. Payment of ((such))
the fee shall be made by the licensee on a monthly basis. Failure to
pay as required shall be grounds for suspension or revocation of a certified
feed lot license. ((Further,)) The director shall not renew a
certified feed lot license if a licensee has failed to make prompt and timely
payments.
Sec. 54. RCW 16.58.140 and 1979 c 81 s 5 are each amended to read as follows:
All
fees provided for in this chapter shall be ((retained by the director for
the purpose of)) deposited in an account in the agricultural local fund
and used for enforcing and carrying out the purpose and provisions of this
chapter or chapter 16.57 RCW.
Sec. 55. RCW 16.58.150 and 1971 ex.s. c 181 s 15 are each amended to read as follows:
No
((brand)) inspection shall be required when cattle are moved or
transferred from one certified feed lot to another or ((the transfer of
cattle)) from a certified feed lot to a point within this state, or out of
state where this state maintains ((brand)) inspection, for the purpose
of immediate slaughter.
Sec. 56. RCW 16.58.170 and 1971 ex.s. c 181 s 17 are each amended to read as follows:
Any
person who violates the provisions of this chapter or any rule ((or
regulation)) adopted ((hereunder)) under this chapter shall
be guilty of a misdemeanor and shall be guilty of a gross misdemeanor for any
second or subsequent violation: PROVIDED, That any offense committed more than
five years after a previous conviction shall be considered a first offense.
Sec. 57. RCW 16.65.010 and 1983 c 298 s 1 are each amended to read as follows:
For the purposes of this chapter:
(1) The term "public livestock market" means any place, establishment or facility commonly known as a "public livestock market", "livestock auction market", "livestock sales ring", yards selling on commission, or the like, conducted or operated for compensation or profit as a public livestock market, consisting of pens or other enclosures, and their appurtenances in which livestock is received, held, sold, kept for sale or shipment. The term does not include the operation of a person licensed under this chapter to operate a special open consignment horse sale.
(2) "Department" means the department of agriculture of the state of Washington.
(3) "Director" means the director of the department or his or her duly authorized representative.
(4) "Licensee" means any person licensed under the provisions of this chapter.
(5) "Livestock" includes horses, mules, burros, cattle, sheep, swine, and goats.
(6) "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.
(7) "Stockyard" means any place, establishment, or facility commonly known as a stockyard consisting of pens or other enclosures and their appurtenances in which livestock services such as feeding, watering, weighing, sorting, receiving and shipping are offered to the public: PROVIDED, That stockyard shall not include any facilities where livestock is offered for sale at public auction, feed lots, or quarantined registered feed lots.
(8) "Packer" means any person engaged in the business of slaughtering, manufacturing, preparing meat or meat products for sale, marketing meat, meat food products or livestock products.
(9)
(("Deputy state veterinarian" means a graduate veterinarian
authorized to practice in the state of Washington and appointed or deputized by
the director as his duly authorized representative.
(10)))
"Special open consignment horse sale" means a sale conducted by a
person other than the operator of a public livestock market which is limited to
the consignment of horses and donkeys only for sale on an occasional and
seasonal basis.
(10) "Livestock inspection" or "inspection" means the examination of livestock or livestock hides for brands or any means of identifying livestock or livestock hides including the examination of documents providing evidence of ownership.
Sec. 58. RCW 16.65.015 and 1983 c 298 s 2 are each amended to read as follows:
This chapter does not apply to:
(1) A farmer selling his or her own livestock on the farmer's own premises by auction or any other method.
(2)
A farmers' cooperative association or an association of livestock breeders when
any class of their own livestock is assembled and offered for sale at a special
sale on an occasional and seasonal basis under the association's management and
responsibility, and the special sale has been approved by the director in
writing. Application shall be made at least fifteen days in advance of the
proposed public sale and must be accompanied by a nonrefundable fee of fifty
dollars for each application. However, the special sale shall be subject
to ((brand)) livestock and health inspection requirements as
provided in this chapter for sales at public livestock markets, unless
otherwise prescribed by rule.
Sec. 59. RCW 16.65.020 and 1983 c 298 s 5 are each amended to read as follows:
Public
livestock markets and special open consignment horse sales shall be under the
direction and supervision of the director, and the director((, but not his
duly authorized representative,)) may adopt ((such)) those
rules ((and regulations)) as are necessary to carry out the purpose of
this chapter. It shall be the duty of the director to enforce and carry out
the provisions of this chapter and rules ((and regulations)) adopted ((hereunder))
under this chapter. No person shall interfere with the director when he
or she is performing or carrying out any duties imposed ((upon him))
by this chapter or rules ((and regulations)) adopted ((hereunder))
under this chapter.
Sec. 60. RCW 16.65.030 and 1995 c 374 s 54 are each amended to read as follows:
(1)
((On and after June 10, 1959,)) No person shall operate a public
livestock market without first having obtained a license from the director.
Application for ((such)) a license shall be in writing on forms
prescribed by the director, and shall include the following:
(a) A nonrefundable original license application fee of fifteen hundred dollars.
(b) A legal description of the property upon which the public livestock market shall be located.
(c) A complete description and blueprints or plans of the public livestock market physical plant, yards, pens, and all facilities the applicant proposes to use in the operation of such public livestock market.
(d)
((A detailed statement showing all the assets and liabilities of the
applicant which must reflect a sufficient net worth to construct or operate a
public livestock market.)) A financial statement, audited by a certified
or licensed public accountant, to determine whether or not the applicant meets
the minimum net worth requirements, established by the director by rule, to
construct and/or operate a public livestock market. If the applicant is a
subsidiary of a larger company, corporation, society, or cooperative
association, both the parent company and the subsidiary company must submit a
financial statement to determine whether or not the applicant meets the
minimum net worth requirements. All financial statement information required
by this subsection is confidential information and not subject to public
disclosure.
(e) The schedule of rates and charges the applicant proposes to impose on the owners of livestock for services rendered in the operation of such livestock market.
(f) The weekly or monthly sales day or days on which the applicant proposes to operate his or her public livestock market sales and the class of livestock that may be sold on these days.
(g)
Projected source and quantity of livestock((, by county,)) anticipated
to be handled.
(h)
Projected ((income and expense statements for)) gross dollar volume
of business to be carried on, at, or through the public livestock market during
the first year's operation.
(i)
Facts upon which ((are)) is based the conclusion that the trade
area and the livestock industry will benefit because of the proposed market.
(j)
((Such)) Other information as the director may ((reasonably))
require by rule.
(2)
((The director shall, after public hearing as provided by chapter 34.05 RCW,
grant or deny an application for original license for a public livestock market
after considering evidence and testimony relating to all of the requirements of
this section and giving reasonable consideration at the same hearing to:
(a)
Benefits to the livestock industry to be derived from the establishment and
operation of the public livestock market proposed in the application; and
(b)
The present market services elsewhere available to the trade area proposed to
be served.
(3)
Applications for renewal under RCW 16.65.040 shall include all information
under subsection (1) of this section, except subsection (1)(a) of this section.)) If
the director determines that the applicant meets all the requirements of
subsection (1) of this section, the director shall conduct a public hearing as
provided by chapter 34.05 RCW, and shall grant or deny an application for
original license for a public livestock market after considering evidence and
testimony relating to the requirements of this section and giving reasonable
consideration to:
(a) Benefits to the livestock industry to be derived from the establishment and operation of the public livestock market proposed in the application;
(b) The geographical area that will be affected;
(c) The conflict, if any, with sales days already allocated in the area;
(d) The amount and class of livestock available for marketing in the area;
(e) Buyers available to the proposed market; and
(f) Any other conditions affecting the orderly marketing of livestock.
(3) Before a license is issued to operate a public livestock market, the applicant must:
(a) Execute and deliver to the director a surety bond as required under RCW 16.65.200;
(b) Provide evidence of a custodial account, as required under RCW 16.65.140, for the consignor's proceeds;
(c) Pay the appropriate license fee; and
(d) Provide other information required under this chapter and rules adopted under this chapter.
Sec. 61. RCW 16.65.037 and 1997 c 356 s 8 are each amended to read as follows:
(1)
((Upon the approval of the application by the director and compliance with
the provisions of this chapter, the applicant shall be issued a license or
renewal thereof.)) Any license issued under the provisions of this chapter
shall only be valid at the location and for the sales day or days for
which the license was issued.
(2)
The license fee shall be based on the average gross sales volume per official
sales day of ((that)) a market((:
(a)
Markets with an average gross sales volume up to and including ten thousand
dollars, a one hundred fifty dollar fee;
(b)
Markets with an average gross sales volume over ten thousand dollars and up to
and including fifty thousand dollars, a three hundred fifty dollar fee; and
(c)
Markets with an average gross sales volume over fifty thousand dollars, a four
hundred fifty dollar fee.
The
fees for public market licenses shall be set by the director by rule subsequent
to a hearing under chapter 34.05 RCW and in conformance with RCW 16.57.015)) in
the previous twelve months or, for a new market, the projected average gross
sales per official sales day of the market during its first year's operation.
(a) The license fee for markets with an average gross sales volume up to and including ten thousand dollars is one hundred fifty dollars.
(b) The license fee for markets with an average gross sales volume over ten thousand dollars and up to and including fifty thousand dollars is three hundred fifty dollars.
(c) The license fee for markets with an average gross sales volume over fifty thousand dollars is four hundred fifty dollars.
(3)
Any applicant operating more than one public livestock market shall make a
separate application for a license to operate each ((such)) public
livestock market, and each ((such)) application shall be accompanied by
the appropriate ((application)) license fee.
Sec. 62. RCW 16.65.040 and 1983 c 298 s 6 are each amended to read as follows:
(1)
All public livestock market licenses provided for in this chapter ((shall))
expire on March 1st subsequent to the date of issue.
(2) Application for renewal of a public livestock market license shall be in writing on forms prescribed by the director, and shall include:
(a) All information under RCW 16.65.030(1) (d), (e), and (f);
(b) The gross dollar volume of business carried on, at, or through the applicant's public livestock market in the twelve-month period prior to the application for renewal of the license;
(c) Other information as the director may require by rule; and
(d) The appropriate license fee.
(3)
Any person who fails, refuses, or neglects to apply for a renewal of a
preexisting license ((on or before the date of expiration)) by March
1, shall pay a penalty of twenty-five dollars, which shall be added to the
regular license fee, before ((such)) the license may be renewed
by the director.
Sec. 63. RCW 16.65.042 and 1983 c 298 s 3 are each amended to read as follows:
(1) A person shall not operate a special open consignment horse sale without first obtaining a license from the director. The application for the license shall include:
(a)
((A detailed statement showing all of the assets and liabilities of the
applicant;
(b))) The
schedule of rates and charges the applicant proposes to impose on the owners of
horses for services rendered in the operation of the horse sale;
(((c)))
(b) The specific date and exact location of the proposed sale;
(((d)))
(c) Projected quantity and approximate value of horses to be handled;
and
(((e)))
(d) Such other information as the director may reasonably require.
(2) The application shall be accompanied by a license fee of one hundred dollars. Upon the approval of the application by the director and compliance with this chapter, the applicant shall be issued a license. A special open consignment horse sale license is valid only for the specific date or dates and exact location for which the license was issued.
Sec. 64. RCW 16.65.080 and 1985 c 415 s 9 are each amended to read as follows:
(1)
The director ((is authorized to)) may deny, suspend, or revoke a
license ((in the manner prescribed herein,)) when ((there are
findings by)) the director finds that ((any)) a
licensee (a) has been guilty of fraud or misrepresentation as to titles,
charges, numbers, brands, weights, proceeds of sale, or ownership of livestock;
(b) has attempted payment to a consignor or the department by a check
the licensee knows not to be backed by sufficient funds to cover such check;
(c) has violated any of the provisions of this chapter or rules ((and
regulations)) adopted ((hereunder)) under this chapter; (d)
has violated any laws of the state that require ((health or brand))
inspection of livestock for health or ownership purposes; (e) has
violated any condition of the bond, as provided in this chapter. ((However,))
The director may deny a license if the applicant refuses to accept the
sales day or days allocated to him or her under the provisions of this
chapter.
(2)
((In all proceedings for revocation, suspension, or denial of a license the
licensee or applicant shall be given an opportunity to be heard in regard to
such revocation, suspension or denial of a license. The director shall give
the licensee or applicant twenty days' notice in writing and such notice shall
specify the charges or reasons for such revocation, suspension or denial. The
notice shall also state the date, time and place where such hearing is to be
held. Such hearings shall be held in the city where the licensee has his
principal place of business, or where the applicant resides, unless some other
place be agreed upon by the parties, and the defendant may be represented by
counsel.
(3)
The director may issue subpoenas to compel the attendance of witnesses, and/or
the production of books or documents anywhere in the state. The applicant or
licensee shall have opportunity to be heard, and may have such subpoenas issued
as he desires. Subpoenas shall be served in the same manner as in civil cases
in the superior court. Witnesses shall testify under oath which may be
administered by the director. Testimony shall be recorded, and may be taken by
deposition under such rules as the director may prescribe.
(4) The director shall hear and determine the charges, make
findings and conclusions upon the evidence produced, and file them in his
office, together with a record of all of the evidence, and serve upon the
accused a copy of such findings and conclusions)) Upon
notice by the director to deny, revoke, or suspend a license, a person may
request a hearing under chapter 34.05 RCW.
Sec. 65. RCW 16.65.090 and 1997 c 356 s 10 are each amended to read as follows:
The
director shall provide for ((brand)) livestock inspection. When
((such brand)) livestock inspection is required the licensee
shall collect from the consignor and pay to the department a fee, as
provided by law, ((a fee for brand inspection)) for each animal ((consigned
to the public livestock market or special open consignment horse sale)) inspected.
However, if in any one sale day the total fees collected for ((brand))
inspection do not exceed ninety dollars, then ((such)) the
licensee shall pay ninety dollars for ((such brand)) the
inspection ((or as much thereof as the director may prescribe)) services.
Sec. 66. RCW 16.65.100 and 1983 c 298 s 9 are each amended to read as follows:
The
licensee of each public livestock market or special open consignment horse sale
shall collect from any purchaser of livestock requesting ((brand))
inspection a fee as provided by law for each animal inspected. ((Such))
This fee shall be in addition to the fee charged to the consignor for ((brand))
inspection and shall not apply to the minimum fee chargeable to the licensee.
Sec. 67. RCW 16.65.140 and 1971 ex.s. c 192 s 4 are each amended to read as follows:
Each
licensee shall establish a custodial account for consignor's proceeds. All
funds derived from the sale of livestock handled on a commission or agency
basis shall be deposited in that account. ((Such)) The account
shall be drawn on only for the payment of net proceeds to the consignor, or ((such))
other person or persons of whom ((such)) the licensee has
knowledge is entitled to ((such)) the proceeds, and to obtain
from ((such)) those proceeds only the sums due the licensee as
compensation for ((his)) the services as are set out in ((his))
the posted tariffs, and for ((such)) the sums as are
necessary to pay all legal charges against the consignment of livestock which
the licensee in ((his)) the capacity as agent is required to pay
for on behalf of the consignor or shipper. The licensee in each case shall
keep ((such)) those accounts and records that will at all times
disclose the names of the consignors and the amount due and payable to each
from the funds in the custodial account for consignor's proceeds. The licensee
shall maintain the custodial account for consignor's proceeds in a manner that
will expedite examination by the director and reflect compliance with the
requirements of this section.
Sec. 68. RCW 16.65.170 and 1967 c 192 s 1 are each amended to read as follows:
The
licensee shall keep accurate records which shall be available for inspection to
all parties directly interested therein, and ((such)) the records
shall contain the following information:
(1) The date on which each consignment of livestock was received and sold.
(2)
The name and address of the buyer and seller of ((such)) the
livestock.
(3) The number and species of livestock received and sold.
(4)
The marks and brands on ((such)) the livestock ((as supplied
by a brand inspector)).
(5)
All statements of warranty or representations of title material to, or upon
which, any ((such)) sale is consummated.
(6)
The gross selling price of ((such)) the livestock with a detailed
list of all charges deducted therefrom.
((Such))
These records shall be kept by the licensee for one year subsequent to
the receipt of such livestock.
Sec. 69. RCW 16.65.190 and 1983 c 298 s 12 are each amended to read as follows:
No
person shall ((hereafter)) operate a public livestock market or special
open consignment horse sale unless ((such)) that person has filed
a schedule with the application for license to operate ((such)) a
public livestock market or special open consignment horse sale. ((Such))
The schedule shall show all rates and charges for stockyard services to
be furnished ((by such person)) at ((such)) the public
livestock market or special open consignment horse sale.
(1)
Schedules shall be posted conspicuously at the public livestock market or
special open consignment horse sale, and shall plainly state all ((such))
rates and charges in such detail as the director may require, and shall state
any rules ((and regulations)) which in any manner change, affect, or
determine any part of the aggregate of ((such)) the rates or
charges, or the value of the stockyard services furnished. The director may
determine and prescribe the form and manner in which ((such)) the
schedule shall be prepared, arranged, and posted.
(2)
No changes shall be made in rates or charges so filed and published except
after thirty days' notice to the director and to the public filed and posted as
((aforesaid)) set forth under this section, which shall plainly
state the changes proposed to be made and the time ((such)) the
changes will go into effect.
(3)
No licensee shall charge, demand, or collect a greater or a lesser or a
different compensation for ((such)) a service than the rates and
charges specified in the schedule filed with the director and in effect at the
time; nor shall a licensee refund or remit in any manner any portion of the
rates or charges so specified (but this shall not prohibit a cooperative
association of producers from properly returning to its members, on a patronage
basis, its excess earnings on their livestock); nor shall a licensee extend to
any person at ((such)) a public livestock market or special open
consignment horse sale any stockyard services except ((such)) as are
specified in ((such)) the schedule.
Sec. 70. RCW 16.65.200 and 1983 c 298 s 13 are each amended to read as follows:
Before
the license is issued to operate a public livestock market or special open
consignment horse sale, the applicant shall execute and deliver to the director
a surety bond in a sum as herein provided for, executed by the applicant as
principal and by a surety company qualified and authorized to do business in
this state as surety. ((Said)) The bond shall be a standard form
and approved by the director as to terms and conditions. ((Said)) The
bond shall be conditioned that the principal will not commit any fraudulent act
and will comply with the provisions of this chapter and the rules ((and/or
regulations)) adopted ((hereunder. Said)) under this chapter.
The bond shall be to the state in favor of every consignor and/or vendor
creditor whose livestock was handled or sold through or at the licensee's
public livestock market or special open consignment horse sale: PROVIDED, That
if ((such)) the applicant is bonded as a market agency under the
provisions of the packers and stockyards act, (7 U.S.C. 181) as amended, on
March 20, 1961, in a sum equal to or greater than the sum required under the
provisions of this chapter, and ((such)) the applicant furnishes
the director with a bond approved by the United States secretary of agriculture
((naming the department as trustee)), the director may accept ((such))
the bond and its method of termination in lieu of the bond provided for
herein and issue a license if ((such)) the applicant meets all
the other requirements of this chapter.
The
total and aggregate liability of the surety for all claims upon the bond shall
be limited to the face of ((such)) the bond. Every bond filed
with and approved by the director shall, without the necessity of periodic
renewal, remain in force and effect until ((such time as)) the license
of the licensee is revoked for cause or otherwise canceled. The surety on a
bond, as provided herein, shall be released and discharged from all liability
to the state accruing on ((such)) the bond upon compliance with
the provisions of RCW 19.72.110 concerning notice and proof of service, ((as
enacted or hereafter amended,)) but this shall not operate to relieve,
release, or discharge the surety from any liability already accrued or
which shall accrue (due and to become due hereunder) before the expiration
period provided for in RCW 19.72.110 concerning notice and proof of service ((as
enacted or hereafter amended)), and unless the principal shall before the
expiration of ((such)) this period, file a new bond, the director
shall ((forthwith)) immediately cancel the principal's license.
Sec. 71. RCW 16.65.235 and 1973 c 142 s 3 are each amended to read as follows:
In
lieu of the surety bond required under the provisions of this chapter, an
applicant or licensee may file with the director a deposit consisting of cash
or other security acceptable to the director. The director may adopt rules ((and
regulations)) necessary for the administration of such security.
Sec. 72. RCW 16.65.260 and 1983 c 298 s 14 are each amended to read as follows:
In
case of failure by a licensee to pay amounts due a vendor or consignor creditor
whose livestock was handled or sold through or at the licensee's public
livestock market or special open consignment horse sale, as evidenced by a
verified complaint filed with the director, the director may proceed ((forthwith))
immediately to ascertain the names and addresses of all vendor or
consignor creditors of ((such)) the licensee, together with the
amounts due and owing to them and each of them by ((such)) the
licensee, and shall request all ((such)) vendor and consignor creditors
to file a verified statement of their respective claims with the director. ((Such))
This request shall be addressed to each known vendor or consignor
creditor at his or her last known address.
Sec. 73. RCW 16.65.280 and 1959 c 107 s 28 are each amended to read as follows:
Where
by reason of the absence of records, or other circumstances making it
impossible or unreasonable for the director to ascertain the names and
addresses of all ((said)) vendor and consignor creditors, the director,
after exerting due diligence and making reasonable inquiry to secure ((said))
the information from all reasonable and available sources, may make
demand on ((said)) the bond on the basis of information then in
his or her possession, and thereafter shall not be liable or responsible
for claims or the handling of claims which may subsequently appear or be
discovered.
Sec. 74. RCW 16.65.340 and 1967 c 192 s 2 are each amended to read as follows:
The
director shall, when livestock is sold, traded, exchanged, or handled at
or through a public livestock market, require such testing, treating,
identifying, examining and record keeping of such livestock by a ((deputy))
Washington state licensed and accredited veterinarian employed
by the market as in the director's judgment may be necessary to prevent the
spread of brucellosis, tuberculosis, paratuberculosis, ((hog cholera)) pseudorabies,
or any other infectious, contagious, or communicable disease among the
livestock of this state. The state veterinarian or his or her authorized
representative may conduct additional testing and examinations for the same
purpose.
Sec. 75. RCW 16.65.350 and 1959 c 107 s 35 are each amended to read as follows:
(((1)
The director shall perform all tests and make all examinations required under
the provisions of this chapter and rules and regulations adopted hereunder:
PROVIDED, That veterinary inspectors of the United States department of
agriculture may be appointed by the director to make such examinations and
tests as are provided for in this chapter without bond or compensation, and
shall have the same authority and power in this state as a deputy state veterinarian.
(2))) The
director shall ((have the responsibility for the direction and control of))
adopt rules regarding sanitary practices ((and)), health
practices and standards, and ((for)) the examination of animals
at public livestock markets. ((The deputy state veterinarian at any such
public livestock market shall notify the licensee or his managing agent, in
writing, of insanitary practices or conditions. Such deputy state veterinarian
shall notify the director if the improper sanitary practices or conditions are
not corrected within the time specified. The director shall investigate and
upon finding such report correct shall take appropriate action to hold a
hearing on the suspension or revocation of the licensee's license.))
Sec. 76. RCW 16.65.380 and 1959 c 107 s 38 are each amended to read as follows:
Public
livestock market facilities shall include adequate space and facilities
necessary for ((deputy)) market, federal, or state veterinarians
to properly carry out their functions as prescribed by law and rules ((and
regulations)) adopted ((hereunder)) under law or as prescribed by
applicable federal law or regulation.
Sec. 77. RCW 16.65.390 and 1959 c 107 s 39 are each amended to read as follows:
Public
livestock market facilities shall include space and facilities necessary for ((brand))
livestock inspectors to properly carry out their duties, as provided by
law and rules ((and regulations)) adopted ((hereunder)) under
law, in a safe and expeditious manner.
Sec. 78. RCW 16.65.420 and 1991 c 17 s 3 are each amended to read as follows:
(1)
Any application ((for sales days or days for a new salesyard, and any
application)) for a change of sales day or days or additional sales day or
days for an existing ((yard)) salesyard shall be subject to
approval by the director, subsequent to a hearing ((as provided for in this
chapter)) and the director is hereby authorized to allocate these ((dates
and type)) days and class of livestock which may be sold on these ((dates))
days. In considering the allocation of ((such)) these
sales days, the director shall give appropriate consideration, among other
relevant factors, to the following:
(a) The geographical area which will be affected;
(b) The conflict, if any, with sales days already allocated in the area;
(c) The amount and class of livestock available for marketing in the area;
(d) Buyers available to such market;
(e) Any other conditions affecting the orderly marketing of livestock.
(2)
No special sales shall be conducted by the licensee unless the licensee has
applied to the director in writing fifteen days prior to such proposed sale ((and
such sale date shall be approved at the discretion of the director)). Each
application must be accompanied by a nonrefundable fee of fifty dollars.
(3) In any case that a licensee fails to conduct sales on the sales days allocated to the licensee, the director shall, subsequent to a hearing, be authorized to revoke an allocation for nonuse. The rate of usage required to maintain an allocation shall be established by rule.
Sec. 79. RCW 16.65.422 and 1963 c 232 s 17 are each amended to read as follows:
A
producer of purebred livestock may, upon obtaining a permit from the director,
conduct a public sale of the purebred livestock on an occasional or seasonal
basis on premises other than his or her own farm. Application for ((such))
a special sale shall be in writing to the director for his or her
approval at least fifteen days before the proposed public sale is scheduled to
be held by ((such)) the producer and must be accompanied by a
nonrefundable fee of fifty dollars for each application.
NEW SECTION. Sec. 80. A new section is added to chapter 42.17 RCW to read as follows:
Financial statements provided under RCW 16.65.030(1)(d) are exempt from disclosure under this chapter.
Sec. 81. 1997 c 356 s 12 (uncodified) is amended to read as follows:
(((1)))
Sections 2, 4, 6, 8, and 10 of this act are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and take effect July 1, 1997.
(((2)
Sections 3, 5, 7, 9, and 11 of this act take effect July 1, 1998.))
NEW SECTION. Sec. 82. The following acts or parts of acts are each repealed:
(1) RCW 16.65.110 and 1959 c 107 s 11; and
(2) RCW 16.57.380 and 1991 c 110 s 8, 1981 c 296 s 22, & 1974 ex.s. c 38 s 1.
NEW SECTION. Sec. 83. The following acts or parts of acts are each repealed:
(1) 1997 c 356 s 3;
(2) 1997 c 356 s 5;
(3) 1997 c 356 s 7;
(4) 1997 c 356 s 9; and
(5) 1997 c 356 s 11.
NEW SECTION. Sec. 84. Fees established under this act may be increased in excess of the fiscal growth factor as provided in RCW 43.135.055 during the year ending December 31, 1998.
NEW SECTION. Sec. 85. This act takes effect July 1, 1998, except for sections 3 and 7 of this act which take effect January 1, 2000.
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