BILL REQ. #:  Z-0381.1 

Read first time 01/16/2007.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to the enforcement of animal health laws; amending RCW 16.36.050, 16.36.010, 20.01.610, and 20.01.380; adding new sections to chapter 16.36 RCW; recodifying RCW 16.36.092; and prescribing penalties.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 16.36 RCW to read as follows:
     The director may establish points of inspection for vehicles transporting animals on the public roads of this state to determine if the animals being transported are accompanied by valid health certificates, permits, or other documents as required by this chapter or its rules. Vehicles transporting animals on the public roads of this state are subject to inspection and must stop at any posted inspection point established by the director. The director or appointed officers are authorized to stop a vehicle transporting animals upon the public roads of this state at a place other than an inspection point if there is reasonable cause to believe the animals are being transported in violation of this chapter or its rules.

Sec. 2   RCW 16.36.050 and 1998 c 8 s 5 are each amended to read as follows:
     It is unlawful for any person to:
     (1) Bring into this state for any purpose any animals without first having secured an official health certificate or certificate of veterinary inspection, reviewed by the state veterinarian of the state of origin that the animals meet the health requirements of the state of Washington. This subsection does not apply to livestock imported into this state for immediate slaughter, or other animals exempted by rule;
     (2)(a) Divert en route to other than an approved, inspected feedlot for subsequent slaughter or ((to)) (b) sell for other than immediate slaughter or ((to)) (c) fail to slaughter or deliver to a slaughter establishment within ((seven)) three calendar days after ((arrival)) entry, any animal imported into this state for immediate slaughter;
     (3) Intentionally falsely make, complete, alter, use, or sign an animal health certificate, certificate of veterinary inspection, or official written animal health document of the department;
     (4) Intentionally falsely apply, alter, or remove an official animal health or official animal identification tag, permanent mark, or other device;
     (5) Willfully hinder, obstruct, or resist the director, or any peace officer or deputized state veterinarian acting under him or her, when engaged in the performance of their duties; or
     (((5))) (6) Willfully fail to comply with or to violate any rule or order adopted by the director under this chapter.

NEW SECTION.  Sec. 3   A new section is added to chapter 16.36 RCW to read as follows:
     Any person found transporting animals on the public roads of this state that are not accompanied by valid health certificates, permits, or other documents as required by this chapter or its rules has committed a class 1 civil infraction. The director is authorized to issue notices of and enforce civil infractions in the manner prescribed under chapter 7.80 RCW.

NEW SECTION.  Sec. 4   A new section is added to chapter 16.36 RCW to read as follows:
     Any person in violation of this chapter or its rules may be subject to a civil penalty in an amount of not more than one thousand dollars for each violation. Each violation is a separate and distinct offense. Every person who, through an act of commission or omission, procures, aids, or abets in the violation is in violation of this chapter or its rules and may be subject to the civil penalty provided in this section. Moneys collected under this section must be deposited in the state general fund.

Sec. 5   RCW 16.36.010 and 2004 c 251 s 1 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 when any animal or its reproductive products are affected with or 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)) fourteen days and expires ((at)) when released by the director or no later than midnight on the ((seventh)) fourteenth 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. 6   RCW 20.01.610 and 2003 c 395 s 10 are each amended to read as follows:
     The director may establish points of inspection for vehicles transporting agricultural products on the public roads of this state. Vehicles transporting agricultural products on the public roads of this state are subject to inspection and must stop at any posted inspection point established by the director. The director or appointed officers may stop a vehicle transporting agricultural products upon the public roads of this state at a place other than an inspection point if there is reasonable cause to believe the carrier, seller, or buyer may be in violation of this chapter. Any operator of a vehicle failing or refusing to stop when directed to do so has committed a civil infraction.
     The director and appointed officers shall work to ensure that vehicles carrying perishable agricultural products are detained no longer than is absolutely necessary for a prompt assessment of compliance with this chapter. If a vehicle carrying perishable agricultural products is found to be in violation of this chapter, the director or appointed officers shall promptly issue necessary notices of civil infraction, as provided in RCW 20.01.482 and 20.01.484, and shall allow the vehicle to continue toward its destination without further delay.

Sec. 7   RCW 20.01.380 and 1991 c 109 s 21 are each amended to read as follows:
     Every dealer or cash buyer purchasing any agricultural products from the consignor thereof shall promptly make and keep for three years a correct record showing in detail the following:
     (1) The name and address of the consignor.
     (2) The date received.
     (3) The terms of the sale.
     (4) The quality and quantity delivered by the consignor, and where applicable the dockage, tare, grade, size, net weight, or quantity.
     (5) An itemized statement of any charges paid by the dealer or cash buyer for the account of the consignor.
     (6) The name and address of the purchaser: PROVIDED, That the name and address of the purchaser may be deleted from the record furnished to the consignor.
     A copy of such record containing the above matters shall be forwarded to the consignor forthwith.
     Livestock dealers must also maintain individual animal identification and disposition records as may be required by law, or ((regulation)) rule adopted by the director.
     Livestock dealers must carry animal identification and animal health documents as required by chapters 16.36 and 16.57 RCW and rules adopted by the director under those chapters.

NEW SECTION.  Sec. 8   RCW 16.36.092 is recodified as a new section in chapter 16.36 RCW to be codified between RCW 16.36.100 and 16.36.105.