READ FIRST TIME 02/22/13.   

     AN ACT Relating to inspection of dairy cattle; amending RCW 16.57.160, 16.57.370, and 16.57.300; and repealing RCW 16.57.303.

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

Sec. 1   RCW 16.57.160 and 2011 c 204 s 13 are each amended to read as follows:
     (1) The director may adopt rules:
     (a) Designating any point for mandatory inspection of cattle or horses or the furnishing of proof that cattle or horses passing or being transported through the point have been inspected or identified and are lawfully being transported;
     (b) Providing for issuance of individual horse and cattle identification certificates or other means of horse and cattle identification;
     (c) Designating the documents that constitute other satisfactory proof of ownership for cattle and horses. A bill of sale may not be designated as documenting satisfactory proof of ownership for cattle; and
     (d) Designating when inspection certificates, certificates of permit, or other transportation documents required by law or rule must designate a physical address of a destination. Cattle and horses must be delivered or transported directly to the physical address of that destination.
     (2) A self-inspection certificate may be accepted as satisfactory proof of ownership for cattle if the director determines that the self-inspection certificate, together with other available documentation, sufficiently establishes ownership. Self-inspection certificates completed after June 10, 2010, are not satisfactory proof of ownership for cattle.
     (3)(a) Upon request by a milk producer licensed under chapter 15.36 RCW, the department must issue an official individual identification tag to be placed by the producer before the first point of sale on bull calves and free-martins (infertile female calves) under thirty days of age. The fee for each tag is the cost to the department for manufacture, purchase, and distribution of the tag plus the applicable beef commission assessment. As used in this subsection (3), "green tag" means the official individual identification issued by the department.
     (b) Transactions involving unbranded dairy breed bull calves or free-martins (infertile female calves) not being moved or transported out of Washington are exempt from inspection requirements under this chapter only if:
     (i) The animal is under thirty days old and has not been previously bought or sold;
     (ii) The seller holds a valid milk producer's license under chapter 15.36 RCW;
     (iii) The sale does not take place at or through a public livestock market or special sale authorized by chapter 16.65 RCW;
     (iv) Each animal is officially identified as provided in (a) of this subsection; and
     (v) A certificate of permit and a bill of sale listing each animal's green tag accompanies the animal to the buyer's location. These documents do not constitute proof of ownership under this chapter.
     (c) All fees received under (a) of this subsection, except for the beef commission assessment, must be deposited in the animal disease traceability account in the agricultural local fund created in RCW 43.23.230.

Sec. 2   RCW 16.57.370 and 2003 c 326 s 43 are each amended to read as follows:
     All fees collected under the provisions of this chapter shall be deposited in an account in the agricultural local fund and used to carry out the purposes of this chapter, except as otherwise provided.

NEW SECTION.  Sec. 3   RCW 16.57.303 (Proceeds from sale of impounded dairy breed cattle -- Paid to seller) and 2003 c 326 s 37 are each repealed.

Sec. 4   RCW 16.57.300 and 2003 c 326 s 36 are each amended to read as follows:
     ((Except under RCW 16.57.303,)) The proceeds from the sale of cattle and horses when impounded 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 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 the cattle or horses. If the consignor fails to establish legal ownership or the right to sell the cattle or horses, the proceeds shall be paid to the director to be disposed of as any other estray proceeds.