BILL REQ. #:  Z-0792.1 

Read first time 01/12/2004.   Referred to Committee on Agriculture.

     AN ACT Relating to diseased and quarantined animals; and amending RCW 16.36.010, 16.36.060, 16.36.090, and 16.36.098.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 16.36.010 and 1998 c 8 s 2 are each amended to read as follows:
     (1) The director shall supervise the prevention of the spread and the suppression of infectious, contagious, communicable, and dangerous diseases affecting animals within, in transit through, and imported into the state.
     (2) The director may issue a quarantine order and enforce the quarantine of any animal or its reproductive products ((that is)) when any animal or its reproductive products are affected with or ((has)) have been exposed to disease or when there is reasonable cause to investigate whether any animal or its reproductive products are affected with or have been exposed to disease, either within or outside the state. Overt disease or exposure to disease in any animal or its reproductive products need not be immediately obvious for a quarantine order to be issued or enforced. The quarantine shall remain in effect as long as the director deems necessary.
     (3) The director may issue a hold order when:
     (a) Overt disease or exposure to disease in an animal is not immediately obvious but there is reasonable cause to investigate whether an animal is diseased or has been exposed to disease;
     (b) Import health papers, permits, or other transportation documents required by law or rule are not complete or are suspected to be fraudulent; or
     (c) Further transport of an animal would jeopardize the well-being of the animal or other animals in Washington state.
     A hold order is in effect for seven days and expires at midnight on the seventh day from the date of the hold order. A hold order may be replaced with a quarantine order for the purpose of animal disease control.
     (4) Any animal or animal reproductive product placed under a quarantine or hold order shall be kept separate and apart from other animals designated in the instructions of the quarantine or hold order, and shall not be allowed to have anything in common with other animals.
     (5) The expenses of handling and caring for any animal or animal reproductive product placed under a quarantine or hold order are the responsibility of the owner.
     (6) The director has authority over the quarantine or hold area until the quarantine or hold order is released or the hold order expires.
     (7) Any animal or animal reproductive product placed under a quarantine or hold order may not be moved, transported, or sold without written approval from the director or until the quarantine or hold order is released, or the hold order expires.
     (8) The director may administer oaths and examine witnesses and records in the performance of his or her duties to control diseases affecting animals.

Sec. 2   RCW 16.36.060 and 1998 c 8 s 6 are each amended to read as follows:
     (1) The director has the authority to enter the animal premises of any animal owner at any reasonable time to ((make tests on or examinations of any animals)) conduct tests, examinations, or inspections for disease conditions when there is reasonable ((evidence that)) cause to investigate whether animals on the premises or that have been on the premises are infected with or have been exposed to a reportable disease. It is unlawful for any person to interfere with the tests, inspections, or examinations, or to alter any segregation or identification systems made in connection with the tests, inspections, or examinations. Where disease or contamination is suspected, the director may seize those items necessary to conduct the tests, inspections, or examinations.
     (2) If the director is denied access to the animal premises or the animals for purposes of conducting tests, inspections, or examinations or the animal owner fails to comply with an order of the director, the director may apply to a court of competent jurisdiction for an administrative search warrant. The warrant may authorize access to any animal or animal premises for purposes of conducting tests, inspections, or examinations of any animal or animal premises, or taking samples, and may authorize seizure or destruction of property. The warrant shall be issued upon probable cause. It is sufficient probable cause to show a potential threat to the agricultural interests of this state or a potential threat which seriously endangers animals, human health, the environment, or public welfare. To show that access is denied, the director shall file with the court an affidavit or declaration containing a description of all attempts to notify and locate the owner or the owner's agent and to secure consent.

Sec. 3   RCW 16.36.090 and 1998 c 8 s 9 are each amended to read as follows:
     When public welfare demands, the director may order the slaughter or destruction of any animal affected with or exposed to any contagious, infectious, or communicable disease that is affecting or may affect the health of the state's animal population. The director may order destruction of any animal held under quarantine when public welfare demands or the owner of the animal fails or refuses to follow a herd or flock plan. The director shall give a written order directing an animal be destroyed by or under the direction of the state veterinarian.

Sec. 4   RCW 16.36.098 and 1998 c 8 s 17 are each amended to read as follows:
     Any person whose animal or animal reproductive products are placed under a quarantine, a hold order, or destruct order under RCW 16.36.090 may request a hearing. The request for a hearing must be in writing and filed with the director. Any hearing will be held in conformance with RCW 34.05.422 and 34.05.479.