FINAL BILL REPORT

SSB 5733

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 197 L 15

Synopsis as Enacted

Brief Description: Concerning livestock transaction reporting.

Sponsors: Senate Committee on Agriculture, Water & Rural Economic Development (originally sponsored by Senators Warnick, Hatfield and Hobbs; by request of Department of Agriculture).

Senate Committee on Agriculture, Water & Rural Economic Development

House Committee on Agriculture & Natural Resources

Background: The Washington State Department of Agriculture (WSDA) has authority to adopt administrative rules concerning many matters involving the identification and movement of cattle, including dairy and beef cattle, and horses. Some of this rulemaking authority includes the following:

Dairy cattle have a system enacted in 2013, of official individual identification tags, called green tags, that the producer places before the first point of sale on bull calves and free-martins – infertile female calves – under 30 days of age. WSDA's fees under this program, except for the beef commission assessment, must be deposited into the animal disease traceability account.

The Animal Disease Traceability (ADT) program was enacted in 2011. It authorizes WSDA to adopt rules that require the certificate of veterinarian inspection, health papers, permits, or other transportation documents to provide a physical address and a timeline as to when the animals will be transported directly to that address. Unless exempt by WSDA, it is unlawful to transfer an animal to a location other than the address designated on the transportation documents.

Fee authority allows WSDA to charge various amounts to be used to carry out animal disease traceability activities for cattle and to compensate data and fee collection costs. The fee must be paid by all cattle sellers in Washington, the owners of cattle slaughtered in the state, and, unless exempt by WSDA in rule, the owners of cattle exported alive from Washington. If a livestock inspection occurs, the fee must be collected in the same manner as livestock inspection fees. The fee for slaughtered cattle must be collected by the meat processor.

WSDA has authority under the ADT program to charge time and mileage for its inspection of animals and investigations of possible violations in order to cover its costs. The fee has an upper limitation of $85 per hour plus mileage at the rate set by the Office of Financial Management.

There is currently a Washington Administrative Code section that requires all cattle to be inspected for brands or other proof of ownership at any point of private sale, trade, gifting, barter, or any other action that constitutes a change of ownership, except for individual private sales of unbranded female dairy breed cattle involving 15 head or less.

Summary: As an alternative to the mandatory inspection required for cattle, an optional electronic livestock transaction reporting system is established.

Use of the system requires a license. Application for the license is made to WSDA, which must include a fee as established by rule. Accurate records of all cattle transactions of the licensed property must be kept for three years and made available for inspection, upon request, during normal business hours.

Provisions are made for WSDA to enter a property at any reasonable time to examine and inspect cattle and records for purposes of movement verification. Sufficient grounds are stated for WSDA to deny, suspend, or revoke a license. If that occurs, the mandatory livestock inspection requirements apply.

Rulemaking authority is provided, including to set fees, as closely as practicable, to cover the cost of development, maintenance, fee collection, audit, and administrative oversight.

Adds that the reporting of each transaction to WSDA must be completed within 24 hours of the transaction.

Adds a requirement for WSDA to make annual reports to the Legislature to document, in specified detail, its implementation of the system.  Reports are due by July 31, beginning in 2015.

Votes on Final Passage:

Senate

48

1

House

90

7

(House amended)

Senate

48

0

(Senate concurred)

Effective:

July 24, 2015