5631 AMH CHAB H2418.1

SB 5631  - H AMD TO AGNR COMM AMD (H-2262.1/11)477
     By Representative Chandler

NOT CONSIDERED 04/22/2011

     On page 1, after line 2 of the amendment, insert the following:

"Sec. 1   RCW 16.36.025 and 1998 c 8 s 19 are each amended to read as follows:
     The director may collect moneys to recover the reasonable costs of purchasing, printing, and distributing ((certificates)) official individual identification devices or methods, regulatory forms, and other supplies ((to veterinarians)). All funds received under this section must be deposited in the animal disease traceability account in the agricultural local fund created in RCW 43.23.230 to cover the costs associated with this chapter.

NEW SECTION.  Sec. 2   A new section is added to chapter 16.36 RCW to read as follows:
     (1) The director shall adopt by rule a fee per head on cattle sold or slaughtered in the state or transported out of the state to administer animal disease traceability activities for cattle. The fee must be paid by:
     (a) Sellers of cattle sold in the state, without exception;
     (b) Owners of cattle that are transported out of Washington, unless an exception is provided by rule; and
     (c) Owners of cattle slaughtered in the state.
     (2) The fee adopted by the department may not exceed forty cents per head of cattle.
     (3)(a) Except where the seller presents proof that the fee has been paid by a meat processor under (c) of this subsection, the fee required in this section must be paid by the owner of cattle receiving a livestock inspection issued by the department under chapter 16.57 RCW in the same manner as livestock inspection fees are collected under RCW 16.57.220.
     (b) The fee required in this section must be paid from the owner of cattle not receiving a livestock inspection issued by the department under chapter 16.57 RCW by the fifteenth day of the month following the month the sale or transportation out of state occurred, or at a different time as designated by rule.
     (c) When cattle are slaughtered, the fee required by this section must be collected from the seller of the cattle by the meat processor. The meat processor must transmit the fee to the department by the fifteenth day of the month following the month the transaction occurred, or at a different time as designated by rule. When cattle owned by a meat processor are slaughtered, the fee must be paid by the meat processor.
     (4) All fees received by the department under this section must be deposited in the animal disease traceability account in the agricultural local fund created in RCW 43.23.230 to carry out animal disease traceability activities for cattle and to compensate the livestock identification program for data and fee collection.
     (5) Any person failing to pay the fee established in this section has committed a class 1 civil infraction punishable as provided in RCW 7.80.120. Each violation is a separate and distinct offense.

NEW SECTION.  Sec. 3   A new section is added to chapter 16.36 RCW to read as follows:
     By December 1st of each year, the department shall submit an activity report and financial statement on the implementation of the animal disease traceability activities to the animal disease traceability advisory committee created in section 5 of this act.

Sec. 4   RCW 16.58.100 and 2003 c 326 s 54 are each amended to read as follows:
     (1) The director shall conduct audits of the cattle received, fed, handled, and shipped by the licensee at each certified feed lot. These audits shall be for the purpose of determining if the cattle correlate with the 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 inspected cattle were not commingled with uninspected cattle.
     (2) The department shall conduct an audit to determine compliance with section 2 of this act at the time of conducting audits under subsection (1) of this section.

NEW SECTION.  Sec. 5   A new section is added to chapter 16.36 RCW to read as follows:
     (1) The director shall establish an animal disease traceability advisory committee that will serve in an advisory capacity to the director and must meet at least twice a year.
     (2) The animal disease traceability advisory committee is composed of eight members appointed by the director. Two members must represent cow-calf producers, and one member must represent each of the following groups: Cattle feeders, dairy farmers, public livestock markets, meat processors, and a statewide agricultural association. The director or the director's designee must also serve on the animal disease traceability advisory committee. In making appointments, the director shall solicit nominations from organizations representing these groups statewide. The animal disease traceability advisory committee shall elect a member to serve as chair of the animal disease traceability advisory committee.
     (3) Membership of the animal disease traceability advisory committee may be expanded by a unanimous vote of its members.
     (4) The animal disease traceability advisory committee must work with the director to develop a plan to implement as quickly as practicable the electronic transfer of traceability data.
     (5) Animal disease traceability advisory committee members must also work with the director to:
     (a) Communicate effectively to their respective industry associations as to the progress of the animal disease traceability activities and to encourage the state's cattle industry to participate in the animal disease traceability program;
     (b) Utilize new technology within the department and industry that enhances the animal disease traceability program within existing funding;
     (c) Study national industry trends in traceability of animal movements and related animal health issues; and
     (d) Discuss other matters as mutually agreed upon by the director and the animal disease traceability advisory committee for the benefit of the animal disease traceability program.
     (6) Animal disease traceability advisory committee members serve three-year terms. However, the director shall by rule provide shorter initial terms for some of the members of the animal disease traceability advisory committee to stagger the expiration of the initial terms. The members serve without compensation.

Sec. 6   RCW 16.36.005 and 2010 c 66 s 1 are each reenacted and amended to read as follows:
     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. However, "animal" does not mean noncaptive wildlife as defined in RCW 77.08.010, except as used in RCW 16.36.050(1) and 16.36.080 (1), (2), (3), and (5).
     (2) "Animal reproductive product" means sperm, ova, fertilized ova, and embryos from animals.
     (3) "Certificate of veterinary inspection" means a legible veterinary health inspection certificate on an official electronic or paper form from the state of origin or from the animal and plant health inspection service (APHIS) of the United States department of agriculture, executed by a licensed and accredited veterinarian or a veterinarian approved by the animal and plant health inspection service. "Certificate of veterinary inspection" is also known as an "official health certificate."
     (4) "Communicable disease" means a disease due to a specific infectious agent or its toxic products transmitted from an infected person, animal, or inanimate reservoir to a susceptible host, either directly or indirectly through an intermediate plant or animal host, vector, or the environment.
     (5) "Contagious disease" means a communicable disease that is capable of being easily transmitted from one animal to another animal or a human.
     (6) "Department" means the department of agriculture of the state of Washington.
     (7) "Deputized state veterinarian" means a Washington state licensed and accredited veterinarian appointed and compensated by the director according to state law and department policies.
     (8) "Director" means the director of the department or his or her authorized representative.
     (9) "Farm-raised fish" means fish raised by aquaculture as defined in RCW 15.85.020. Farm-raised fish are considered to be a part of animal agriculture; however, disease inspection, prevention, and control programs and related activities for farm-raised fish are administered by the department of fish and wildlife under chapter 77.115 RCW.
     (10) "Garbage" means the solid animal and vegetable waste and offal together with the natural moisture content resulting from the handling, preparation, or consumption of foods in houses, restaurants, hotels, kitchens, markets, meat shops, packing houses and similar establishments or any other food waste containing meat or meat products.
     (11) "Herd or flock plan" means a written management agreement between the owner of a herd or flock and the state veterinarian, with possible input from a private accredited veterinarian designated by the owner and the area veterinarian-in-charge of the United States department of agriculture, animal and plant health inspection service, veterinary services in which each participant agrees to undertake actions specified in the herd or flock plan to control the spread of infectious, contagious, or communicable disease within and from an infected herd or flock and to work toward eradicating the disease in the infected herd or flock.
     (12) "Hold order" means an order by the director to the owner or agent of the owner of animals or animal reproductive products which restricts the animals or products to a designated holding location pending an investigation by the director of the disease, disease exposure, well-being, movement, or import status of the animals or animal reproductive products.
     (13) "Infectious agent" means an organism including viruses, rickettsia, bacteria, fungi, protozoa, helminthes, or prions that is capable of producing infection or infectious disease.
     (14) "Infectious disease" means a clinical disease of humans or animals resulting from an infection with an infectious agent that may or may not be communicable or contagious.
     (15) "Livestock" means horses, mules, donkeys, cattle, bison, sheep, goats, swine, rabbits, llamas, alpacas, ratites, poultry, waterfowl, game birds, and other species so designated by statute. "Livestock" does not mean free ranging wildlife as defined in Title 77 RCW.
     (16) "Person" means a person, persons, firm, or corporation.
     (17) "Quarantine" means the placing and restraining of any animal or its reproductive products by the owner or agent of the owner within a certain described and designated enclosure or area within this state, or the restraining of any animal or its reproductive products from entering this state, as may be directed in an order by the director.
     (18) "Reportable disease" means a disease designated by rule by the director as reportable to the department by veterinarians and others made responsible to report by statute.
     (19) "Veterinary biologic" means any virus, serum, toxin, and analogous product of natural or synthetic origin, or product prepared from any type of genetic engineering, such as diagnostics, antitoxins, vaccines, live microorganisms, killed microorganisms, and the antigenic or immunizing components intended for use in the diagnosis, treatment, or prevention of diseases in animals.
     (20) "Meat processors" means a person licensed to operate a slaughtering establishment under chapter 16.49 RCW or the federal meat inspection act (21 U.S.C. Sec. 601 et seq.).
     (21) "Sold" means sale, trade, gift, barter, or any other action that constitutes a change of ownership.

Sec. 7   RCW 43.23.230 and 1988 c 254 s 1 are each amended to read as follows:
     (1) The agricultural local fund is hereby established in the custody of the state treasurer. The fund shall consist of such money as is directed by law for deposit in the fund, and such other money not subject to appropriation that the department authorizes to be deposited in the fund. Any money deposited in the fund, the use of which has been restricted by law, may only be expended in accordance with those restrictions. The department may make disbursements from the fund. The fund is not subject to legislative appropriation.
     (2) There is created within the agricultural local fund the animal disease traceability account which must be used to account for the costs associated with the implementation of chapter 16.36 RCW."

     Renumber the remaining sections consecutively and correct any internal references accordingly.

EFFECT:  Establishes a fee, up to forty cents per head of cattle, to be paid to the Washington state department of agriculture (WSDA) on all cattle sold, slaughtered, or transported out of the state to be used by the WSDA for the administration of animal disease traceability programs; creates the animal disease traceability advisory committee to advise the WSDA; requires reports and audits by the WSDA; and creates a new account within the agricultural local fund.

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