BILL REQ. #:  H-4834.1 

Read first time 02/04/08.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to the use of emerging technologies to create animal identification lists or databases; and adding a new chapter to Title 16 RCW.

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

NEW SECTION.  Sec. 1   The legislature finds that this state has entered into agreements with the federal government and otherwise may have participated in establishing animal identification lists or databases using emerging technologies. The legislature finds that existing means for identifying and tracking animals have been sufficient to trace outbreaks of animal diseases, and that there is no scientific evidence that mass, uniform electronic tagging and tracking of animals will improve this state's or nation's ability to prevent, control, or respond to an outbreak of animal disease, whether natural or intentionally introduced. The legislature finds that the fostering of livestock ownership and farming is in the best interests of this state and its citizens, and that the establishment of a national or state identification system using emerging technologies is detrimental to individual ownership and raising of livestock. The legislature therefore directs that this state shall not participate in or establish a mandatory or voluntary emerging technology animal identification system.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Animal" means all members of the animal kingdom except humans, fish, and insects. "Animal" does not include undomesticated animals living in the wild.
     (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) "Emerging technology" includes, but is not limited to, biotechnology, electronic identification, radio-frequency identification devices or tattoos, cloning, and biometrics.
     (5) "Livestock" means equines (horses, mules, donkeys, burros); bovines (cattle and bison); cervids (deer and elk); ovine (sheep); caprine (goats); porcine (swine); camelids (llamas and alpacas); poultry (chickens, ducks, emu, geese, guineas, pheasants, quail, turkeys); and any other animal that the federal government may have included in the national animal identification system. "Livestock" does not include undomesticated animals living in the wild.
     (6) "Person" means individuals, corporations, partnerships, associations, or other legal entities and agents of those entities.
     (7) "Premises" means a location where livestock are raised, held, or boarded.
     (8) "Source verification program" means the national animal identification system (NAIS) or any other program that tracks individual animals or groups of animals in order to determine the origin of such animal or group, the identity of all other animals that have been in contact with it, and the location of all premises at which it has been held in its lifetime.

NEW SECTION.  Sec. 3   (1) This state shall not establish nor participate in the use of emerging technologies to create national animal identification lists or databases.
     (2) The prohibition in this section also applies to the components of a source verification program including premises registration and databases, animal identification and databases, and animal movement tracing and databases.
     (3) All cooperative agreements between the federal government and this state, or between this state and other states, established before the effective date of this section and related to the establishment of animal tracking, electronic tagging, registration, information databases, premises registration, use of microchips for animal tagging purposes, and other matters related to the use of emerging technologies to create national animal identification lists or databases are hereby terminated and null and void as to this state's participation.
     (4) Immediately upon the effective date of this section, any identification lists or databases created using, in whole or in part, federal funds, shall be void and shall not be used for any purpose by any governmental, public, or private person or entity. This provision includes lists and databases that were created solely for the purposes of addressing specific diseases in specific species of livestock.

NEW SECTION.  Sec. 4   Nothing in this chapter may be construed as prohibiting the state from establishing or participating in disease control programs specifically designed to address a known disease in a specific species of livestock. However, consent from the owner of livestock is necessary to collect or access information about the owner's livestock.

NEW SECTION.  Sec. 5   Nothing in this chapter may be construed as prohibiting the state from operating livestock identification, brand registration, and inspection programs as authorized by chapters 16.57, 16.58, and 43.23 RCW.

NEW SECTION.  Sec. 6   (1) Disease programs that utilize databases or emerging technologies must provide for full and informed consent of all participants, including disclosure of the entire program, the possible uses of information collected thereunder, and every entity or person to whom such information may be disclosed.
     (2) Persons who voluntarily enroll in a source verification program shall be allowed to withdraw from the program at any time and their personal information shall be permanently removed from program records.
     (3) No public funds may be used to support a source verification program.
     (4) Any private source verification program shall not be used to gain unfair competitive advantage, but shall be considered a commercial term subject to laws restricting unfair competition.
     (5) A private source verification program identification system, device, or marking shall not obliterate or supersede or otherwise make unreadable this state's or any local entity's brand or mark on any animal. A source verification program's rules may not supersede this state's brand or marking system rules as a matter of law.

NEW SECTION.  Sec. 7   (1) No services, compensation, favors, payments, credits, benefits, licenses, permits, certifications, insurance or risk management coverage, special consideration, or other incentives may be provided by any public or private person, directly or indirectly, to any participant in an animal identification or premises registration program based solely on that person's participation in such program.
     (2) No services, compensation, favors, payments, credits, benefits, licenses, permits, certifications, insurance or risk management coverage, special consideration, or other incentives may be denied, revoked, or limited by any public or private person, directly or indirectly, based solely on that person's lack of participation in an animal identification or premises registration program.
     (3) Neither this state nor any local government in this state may require any of its suppliers to participate in a premises registration or animal identification program as a condition of supplying goods or services.
     (4) Failure to participate in a premises registration or animal identification program, or the providing of services to persons who are not participants in a premises registration or animal identification program, shall not be a crime, an element of any crime, or evidence of any negligence or gross negligence on the part of any livestock owner or provider of goods or services.

NEW SECTION.  Sec. 8   Sections 1 through 7 of this act constitute a new chapter in Title 16 RCW.