WSR 99-03-087

PROPOSED RULES

DEPARTMENT OF AGRICULTURE

[Filed January 20, 1999, 9:42 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-08-022 and 98-24-102.

Title of Rule: Chapter 16-86 WAC, Brucellosis, tuberculosis and scrapie in cattle, sheep and goats.

Purpose: The purpose of chapter 16-86 WAC is to lay out rules for the control and surveillance of brucellosis and tuberculosis in cattle and goats. The section on scrapie in sheep is being removed and a new scrapie rule (chapter 16-89 WAC) is being proposed as a new rule.

Statutory Authority for Adoption: RCW 16.36.040.

Statute Being Implemented: RCW 16.36.020, [16.36.]040, [16.36.]050, [16.36.]096, and [16.36.]100.

Summary: New definitions for adult vaccinate and calfhood vaccinate and mature vaccinate are added. Language for grazing permits is clarified. Language for disinfecting vehicles is clarified and the indemnity levels for cattle are raised.

Reasons Supporting Proposal: Modernizes the rules, reduces some regulatory burden, removes unnecessary language. The department is proposing rule changes on scrapie which are included in a new chapter. In addition the rule incorporates a pilot rule project that was conducted from June 1, 1998, to November 30, 1998. Amounts of indemnity payments are raised for cattle to the levels set by RCW 16.36.096.

Name of Agency Personnel Responsible for Drafting: Robert W. Mead, DVM, 1111 Washington Street, Olympia, 98504, (360) 902-1881; Implementation and Enforcement: Kathleen M. Connell, DVM, 1111 Washington Street, Olympia, 98504, (360) 902-1835.

Name of Proponent: Washington Department of Agriculture, Washington Sheep Producers, Washington Cattlemen's Association, Washington Dairy Federation, private and governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: There will be a net reduction in regulations for brucellosis and language for tuberculosis control is modernized. Pilot rules are made permanent and scrapie rules are to be adopted as a separate WAC.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: These rules will allow the vaccination of mature cattle with the new vaccine SRB51 against the disease brucellosis. For many years, this state has relied upon the vaccine S19 that was restricted to cattle between four months to from eight to twelve months maximum. The restrictions on use of this vaccination are in place due to it producing antibodies that are measured by the common diagnostic tests used to detect brucellosis. All mature nonvaccinate animals can only be sold to slaughter. Also, in spite of the restrictions and precautions taken by the industry, approximately 50% of the animal health budget is spent tracing and testing herds because of vaccine induced positive animals although Washington state has been free of brucellosis since 1986.

Other proposed changes will make the rules more readable and understandable. Obsolete sections and language have been removed. Rules relating to scrapie are being consolidated in a new chapter.

Proposal Changes the Following Existing Rules: The changes modernized and bring up to date the brucellosis and tuberculosis rules for cattle and goats. Scrapie rules for sheep is removed from chapter 16-86 WAC and will be placed in a new chapter 16-89 WAC. Under the changes female cattle above twelve months of age may be vaccinated for brucellosis. The RB-51 vaccine rules were tested under a pilot rule project.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule changes impact those with certain classes of cattle that have not been vaccinated. Being able to vaccinate mature animals increases their value upon sale which fare exceeds any drawbacks to the rule changes such as the extra cost of blood testing and vaccine costs.

The department conducted a pilot project on the proposed rules to determine the feasibility of the use of the vaccine in Washington state. A copy of the report can be obtained from Dr. Robert Mead, P.O. Box 42577, Olympia, WA 98504-2577.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The Washington State Department of Agriculture is not a listed agency in section 201.

Hearing Location: Cafeteria Conference Room, First Floor, Natural Resources Building, 1111 Washington Street, Olympia, WA 98504-2577, on February 23, 1999, at 1:25 p.m.

Assistance for Persons with Disabilities: Contact Cathy Jensen by February 23, 1999, TDD (360) 902-1996, or (360) 902-1878.

Submit Written Comments to: Robert W. Mead, DVM, State Veterinarian, P.O. Box 42577, Olympia, WA 98504-2577, fax (360) 902-2087, by February 22, 1999.

Date of Intended Adoption: April 15, 1999.

January 20, 1999

Candace Jacobs, DVM

Assistant Director

OTS-2707.1

Chapter 16-86 WAC

BRUCELLOSIS((,)) AND TUBERCULOSIS ((AND SCRAPIE)) IN CATTLE((,)) AND GOATS ((AND SHEEP))

AMENDATORY SECTION (Amending Order 2035, filed 4/30/90, effective 5/31/90)

WAC 16-86-005  Definitions. For purposes of this chapter:

(((1) "Director" means the director of agriculture of the state of Washington or his duly authorized representative.

(2) "Department" means the Washington state department of agriculture.

(3) "Accredited veterinarian" means a veterinarian licensed to practice veterinary medicine, surgery, and dentistry in the state of Washington and approved by the United States Department of Agriculture veterinary services to participate in state-federal cooperative programs.

(4) "Official calfhood vaccinate" means a female bovine animal vaccinated between the ages of four and twelve months (one hundred twenty days to three hundred sixty-five days) for beef breed cattle and between the ages of four and eight months (one hundred twenty days to two hundred forty days) for dairy breed cattle with an approved brucella vaccine.

(5) "Approved brucella vaccine" means only those biological products that are approved by and produced under license of the United States Department of Agriculture for injection into cattle for the purpose of enhancing their resistance to brucellosis.

(6) "Registry tattoo" means a tattoo identifying the individual as a registered animal within the breed association.

(7) "Vaccination tattoo" means the United States registered shield and V preceded by a number indicating the quarter of the year and followed by a number corresponding to the last digit of the year in which vaccination was done.

(8) "Scrapie infected flock" means a flock of sheep or goats in which the disease scrapie has been diagnosed positive in one or more animals by the National Veterinary Service Laboratory (NVSL).)) (1) "Accredited veterinarian" means a veterinarian licensed to practice veterinary medicine, surgery, and dentistry in the state of Washington and approved by the United States Department of Agriculture (USDA) veterinary services to participate in state-federal cooperative programs.

(2) "Adult vaccination" means the whole herd vaccination of a herd infected with or exposed to the Brucella abortus organism when conducted under a herd plan agreed to by the owner and the director. A USDA approved adult dosage brucella vaccine will be used to vaccinate all female cattle in the herd above twelve months of age.

(3) "Approved brucella vaccine" means only those biological products that are approved by and produced under license of the USDA for injection into cattle for the purpose of enhancing their resistance to brucellosis.

(4) "Department" means the Washington state department of agriculture.

(5) "Director" means the director of agriculture of the state of Washington or his or her duly authorized representative.

(6) "Immediate slaughter" means delivery within seven days to an inspected slaughter facility or restricted feedlot as defined in chapter 16-30 WAC and operating under the permission of the director.

(7) "Official calfhood vaccinate" means a female bovine animal vaccinated with an approved brucella abortus vaccine such as strain 19 vaccine or RB-51 vaccine at a calfhood dose between the ages of four and twelve months of age (one hundred twenty days to three hundred sixty-five days).

(8) "Official mature vaccinate" means a female bovine over the age of twelve months vaccinated with an approved adult dosage brucella vaccine under directions issued by the state veterinarian. Mature vaccinates must be blood tested for brucellosis at the time of vaccination and a copy of the test chart submitted to the state veterinarian with the vaccination record.

(9) "Registry tattoo" means a tattoo identifying the individual as a registered animal within the breed association.

(10) "Vaccination tattoo" means the United States registered shield and V preceded by a number indicating the quarter of the year and followed by a number corresponding to the last digit of the year in which the animal was vaccinated with strain 19 brucella vaccine. For strain RB-51 calfhood vaccination an R precedes the shield and V. In the case of strain RB-51 mature vaccination an M precedes the shield and V. In the case of strain RB-51 adult vaccination an A precedes the shield. For strain RB-51 vaccinates, the last number of the tattoo corresponds to the last digit of the year in which vaccine was administered.

[Statutory Authority: RCW 16.36.096 and 16.36.040. 90-10-045 (Order 2035), § 16-86-005, filed 4/30/90, effective 5/31/90. Statutory Authority: RCW 16.36.040 and 16.36.050. 87-08-020 (Order 1917), § 16-86-005, filed 3/25/87. Statutory Authority: Chapter 16.36 RCW. 84-08-037 (Order 1814), § 16-86-005, filed 3/30/84; Order 1539, § 16-86-005, filed 10/17/77.]

AMENDATORY SECTION (Amending Order 6009, filed 12/16/96, effective 1/16/97)

WAC 16-86-015  Washington cattle sale requirements. (1) Effective January 1, 1984, within thirty days prior to any change of ownership and in a manner prescribed by the state veterinarian, all dairy breed cattle shall be tested negative for brucellosis. The following classes of cattle are exempt from this test requirement:

(a) Calves under four months of age.

(b) Cattle sold or consigned to a restricted feedlot.

(c) Cattle sold or consigned to a federally inspected slaughter plant.

(d) Steers and spayed heifers.

(e) Official calfhood vaccinates under twenty months of age and not parturient or post parturient.

(f) Official Washington or Canadian calfhood vaccinates under thirty months of age as evidenced by less than full development of the lower permanent second incisors. This exemption applies only to Washington resident cattle which bear an eartag showing a Washington vaccination (91 V series) or a Canadian vaccination certificate. Subdivision (e) of this subsection applies to all other female dairy breed cattle unless exempted by (a), (b), (c) or (d) of this subsection. Cattle exempted under this subsection may be tested if requested by a prospective buyer or to meet import requirements of another state or foreign country.

(2) All female cattle shall be ((officially vaccinated against brucellosis)) an official calfhood or Washington mature vaccinate and bear a legible vaccination tattoo prior to being sold or introduced into any breeding herd in the state of Washington. This rule does not apply to the following:

(a) Calves under four months of age. Female calves under four months acquired by any herd and natural female additions must become official calfhood vaccinates or official Washington mature vaccinates, as provided for in this chapter, to be sold for any purpose other than those set forth in (b), (c), (d), ((or)) (e), or (f) of this subsection.

(b) Cattle sold or consigned to a restricted feedlot.

(c) Cattle sold or consigned to a federally inspected slaughter plant.

(d) Cattle sold or consigned to a public livestock market for immediate slaughter only.

(e) Spayed heifers.

(f) Cattle sold to buyers in states or countries without brucellosis vaccination requirements.

(3) All Washington cattle shall be individually identified and permanently recorded as to herd of origin prior to being sold or consigned for slaughter. Such identity shall be transferred to the blood sample taken for market cattle identification (MCI) test purposes. These records shall be made available to the department upon request. The following classes of cattle shall be exempt from these requirements:

(a) Cattle under twenty-four months of age((. ()) and not parturient or post parturient.(()))

(b) Steers and spayed heifers.

[Statutory Authority: RCW 16.36 040. 97-01-067 (Order 6009), § 16-86-015, filed 12/16/96, effective 1/16/97. Statutory Authority: RCW 16.36.096 and 16.36.040. 94-05-008 (Order 5032), § 16-86-015, filed 2/3/94, effective 3/6/94; 92-21-023, § 16-86-015, filed 10/13/92, effective 11/13/92. Statutory Authority: RCW 16.36.040 and 16.36.050. 88-05-003 (Order 1964), § 16-86-015, filed 2/5/88; 87-08-020 (Order 1917), § 16-86-015, filed 3/25/87. Statutory Authority: Chapter 16.36 RCW. 84-08-037 (Order 1814), § 16-86-015, filed 3/30/84. Statutory Authority: Chapters 16.36 and 16.44 RCW. 83-06-002 (Order 1785), § 16-86-015, filed 2/17/83. Statutory Authority: Chapters 16.36 and 16.40 RCW. 81-14-078 (Order 1742), § 16-86-015, filed 7/1/81; 81-10-048 (Order 1731), § 16-86-015, filed 5/1/81; 79-09-076 (Order 1642), § 16-86-015, filed 8/30/79; 79-07-089 (Order 1634), § 16-86-015, filed 6/29/79; 78-12-053 (Order 1588), § 16-86-015, filed 11/29/78; Order 1539, § 16-86-015, filed 10/17/77.]

AMENDATORY SECTION (Amending Order 1539, filed 10/17/77)

WAC 16-86-017  Grazing permits. Washington herd owners desiring to move cattle interstate for grazing purposes and return to Washington shall request a permit for such movement from the animal health ((division)) program of the department ((of agriculture)). The state to which the animals are to be moved for grazing must approve the movement. A separate permit must be obtained from the animal health ((division)) program for the return of such cattle. ((Animals grazed in counties or areas in which brucellosis has been diagnosed during the grazing period shall, upon returning to Washington, be held separate from all other cattle and brucellosis tested at owner's expense.)) Grazing permits will be issued only for movements to states which are class free or A for brucellosis and which share common borders with the state of Washington. Cattle moving interstate on grazing permits are generally exempt from interstate health certificate and testing requirements unless required by the state veterinarian in either state due to changing disease conditions. Cattle moving interstate on grazing permits must meet the brand or animal identification requirements of each state before interstate movement.

[Order 1539, § 16-86-017, filed 10/17/77.]

AMENDATORY SECTION (Amending Order 1539, filed 10/17/77)

WAC 16-86-020  Quarantine. All cattle or goats that are infected or suspected of being infected with brucellosis or tuberculosis after an official test shall be quarantined as provided by law. ((All cattle or goats, the)) If owners ((of which)) refuse to allow the department to test for the above diseases, ((shall)) all cattle or goats will be regarded as a menace to the health of livestock, and the premises on which they are kept shall be immediately quarantined and no animals or products of such animals shall be removed from the premises as outlined in RCW ((16.40.010)) 16.36.010.

[Order 1539, § 16-86-020, filed 10/17/77; Order 1171, § 16-86-020, filed 12/15/70; Order 855, Regulation 2, effective 7/19/61.]

AMENDATORY SECTION (Amending Order 1964, filed 2/5/88)

WAC 16-86-030  Sale of quarantined animals. (1) No person shall sell or offer for sale any cattle from a brucellosis quarantined herd except steers and spayed heifers for other than immediate slaughter or for consignment to a state-federal approved sales yard for immediate slaughter((: Provided, That prior to)). Before consignment to a state-federal approved sales yard, the cattle ((shall)) must be "S" branded and shall only be moved from the brucellosis quarantined herd when accompanied by an official federal form number VS1-27.

(2) Cattle from a tuberculosis quarantined herd ((shall)) must not be sold or offered for sale except for immediate slaughter.

[Statutory Authority: RCW 16.36.040 and 16.36.050. 88-05-003 (Order 1964), § 16-86-030, filed 2/5/88. Statutory Authority: Chapter 16.36 RCW. 83-07-029 (Order 1791), § 16-86-030, filed 3/14/83; Order 1539, § 16-86-030, filed 10/17/77; Order 1171, § 16-86-030, filed 12/15/70; Order 855, Regulation 3, effective 7/19/61.]

AMENDATORY SECTION (Amending Order 1958, filed 11/18/87)

WAC 16-86-040  Quarantine and release. (1) Brucellosis:

(a) Any herd of cattle or goats in which brucellosis reactors are found will be quarantined. Positive or reactor classification shall be based on standards listed in U.S. Department of Agriculture Uniform Methods and Rules for Brucellosis Eradication. Animals positive to the brucellosis test ((shall)) must not be sold or offered for sale except for immediate slaughter. Quarantined animals may only be moved when accompanied by an official form number VSI-27. The quarantine will be released when the entire quarantined herd has passed two consecutive negative blood ((agglutination)) tests without reactors((,)). The first test ((to)) must be not less than thirty days following removal of all reactors from the herd and the second test not less than ninety days nor more than one year following the date of the previous test. Steers, spayed heifers and officially vaccinated dairy animals under twenty months of age and officially vaccinated beef animals under twenty-four months of age need not be tested.

(b) Adult vaccination may be used as a whole herd vaccination under the terms of a herd plan and based on the standards listed in U.S. Department of Agriculture Uniform Methods and Rules for Brucellosis Eradication dated May 6, 1992, and revised February 2, 1993, and June 16, 1994.

(2) Tuberculosis:

(a) Any herd of cattle or goats in which tuberculosis reactors are found will be quarantined and except for immediate slaughter the sale or removal of any animal out of such herds((, except for immediate slaughter)) is prohibited. Herds in which only no gross legions (NGL) reactor(s) occur and in which no evidence of Mycobacterium bovis infection has been disclosed may be released from quarantine after a sixty-day negative caudal fold retest of the entire herd.

(b) Herds containing one or more suspects to the caudal fold tuberculosis test shall be quarantined until the suspect animals are:

(i) Retested by the comparative-cervical tuberculosis test within ten days of the caudal fold injection and the tuberculosis status of the suspect(s) has/have been determined; or

(ii) Retested by the comparative-cervical tuberculosis test after sixty days and the tuberculosis status of the suspect(s) has/(([have])) have been determined; or

(iii) Shipped under permit directly to slaughter in accordance with state or federal laws and regulations and the tuberculosis status of the suspect(s) has/have been determined.

(c) Herds in which Mycobacterium bovis infection has been confirmed and the herd has not been depopulated ((shall)) will remain under quarantine and must pass two tuberculin tests at intervals of at least sixty days and one additional test after six months from the previous negative test. These herds will also be subject to five annual tests on the entire herd following the release from quarantine.

[Statutory Authority: RCW 16.38.060. 87-23-043 (Order 1958), § 16-86-040, filed 11/18/87; Order 1539, § 16-86-040, filed 10/17/77; Order 1171, § 16-86-040, filed 12/15/70; Order 855, Regulation 4, effective 7/19/61.]

AMENDATORY SECTION (Amending Order 1681, filed 3/25/80)

WAC 16-86-055  Disinfecting vehicles. (1) When a vehicle is used to transport brucellosis reactor animals or brucellosis exposed animals from a brucellosis quarantined herd, the vehicle ((shall)) must be cleaned and disinfected immediately following the unloading of the last animal of each ((such)) load. ((The destination for such reactor or exposed cattle shall have department approved facilities to clean and disinfect vehicles.))

(2) ((Upon completion of)) The cleaning and disinfecting of the vehicle when complete, ((approval shall)) must be ((obtained)) approved in writing on form number VSI-27. This approval shall be made by a state ((or federal)) animal health employee, a federal veterinary services employee or by ((an)) another authorized representative of the director ((of agriculture, on a form approved by the director)).

[Statutory Authority: Chapters 16.36 and 16.40 RCW. 80-04-061 (Order 1681), § 16-86-055, filed 3/25/80.]

AMENDATORY SECTION (Amending Order 1718, filed 12/17/80)

WAC 16-86-060  Sale of brucellosis reactors. Reactors to a brucellosis test ((may)) must be moved or sold only to a slaughtering establishment where state-federal approved inspection is maintained. Reactor cattle can only be moved from a quarantine premises by permit from the director or his representative((: Provided, That)). Any reactor to a brucellosis test must be marketed for slaughter within fifteen days from the date of tagging and branding.

[Statutory Authority: Chapters 16.36 and 16.40 RCW. 81-01-071 (Order 1718), § 16-86-060, filed 12/17/80; Order 1539, § 16-86-060, filed 10/17/77; Order 1171, § 16-86-060, filed 12/15/70; Order 855, Regulation 6, effective 7/19/61.]

AMENDATORY SECTION (Amending Order 1958, filed 11/18/87)

WAC 16-86-070  Sale of tuberculosis reactors. Reactors to a tuberculosis test ((may)) must be moved or sold only to a slaughtering establishment where federal inspection is maintained((: Provided, That)). Any reactor to tuberculosis test must be marketed for slaughter within fifteen days from the date of tagging and branding.

[Statutory Authority: RCW 16.38.060. 87-23-043 (Order 1958), § 16-86-070, filed 11/18/87; Order 1539, § 16-86-070, filed 10/17/77; Order 1171, § 16-86-070, filed 12/15/70; Order 855, Regulation 7, effective 7/19/61.]

AMENDATORY SECTION (Amending Order 1171, filed 12/15/70)

WAC 16-86-080  Branding and tagging of tuberculosis reactors. Animals positive to the tuberculosis test will be branded by a state or federal veterinarian or ((his)) their authorized representative with the letter "T" on the left jaw((,)). The brand is to be not less than two inches nor more than three inches high((, and)). To further identify the animal or animals ((by attaching)), the person branding will also attach to the left ear a metal tag bearing an identifying number and the word "reactor." It ((shall be)) is unlawful for the owner, or his or her authorized representative, to refuse the director ((of agriculture or his authorized representative)) the right to identify the ((reacting)) reactor animal or animals by ((such)) branding and tagging.

[Order 1171, § 16-86-080, filed 12/15/70; Order 855, Regulation 8, effective 7/19/61.]

AMENDATORY SECTION (Amending Order 1171, filed 12/15/70)

WAC 16-86-090  Branding and tagging of brucellosis reactors. Animals positive to the brucellosis test will be branded by a state or federal veterinarian or his authorized representative with the letter "B" on the left jaw((,)). The brand to be not less than two inches nor more than three inches high((, and)). To further identify the animal or animals ((by attaching)), the person branding will attach to the left ear a metal tag bearing an identifying number and the word "reactor." It ((shall be)) is unlawful for the owner, or his or her authorized representative to refuse the director ((of agriculture or his authorized representative)) the right to identify the ((reacting)) reactor animal or animals by ((such)) branding and tagging.

[Order 1171, § 16-86-090, filed 12/15/70; Order 855, Regulation 9, effective 7/19/61.]

AMENDATORY SECTION (Amending Order 1879, filed 3/28/86)

WAC 16-86-092  Indemnity for brucellosis affected or exposed cattle. As provided under RCW 16.36.096, the director ((of agriculture)) may order the slaughter or destruction of any cattle affected with or exposed to brucellosis. Subject to the availability of sufficient funds, the director may pay an indemnity for any cattle ordered slaughtered or destroyed. When indemnity is approved, the amount that will be paid is ((twenty-five dollars)) fifty dollars for any grade beef breed female, ((fifty)) one hundred dollars for any purebred registered beef breed bull or female, ((one)) two hundred dollars for any grade dairy breed female or ((one)) two hundred fifty dollars for any purebred registered dairy breed bull or female.

[Statutory Authority: RCW 16.36.096. 86-08-055 (Order 1879), § 16-86-092, filed 3/28/86. Statutory Authority: Chapters 16.36 and 16.40 RCW. 79-11-096 (Order 1660), § 16-86-092, filed 10/26/79.]

AMENDATORY SECTION (Amending Order 1964, filed 2/5/88)

WAC 16-86-095  Official ((calfhood)) brucellosis vaccination. (1) An official vaccination report of ((calfhood)) all brucellosis vaccinations must be made to the department within thirty days of ((occurrence)) vaccination. The vaccination report must be made on an approved report form (VS 4-26) issued by the department for the purpose of identifying and recording by official ((calfhood)) brucellosis vaccination ear tag or registry tattoo ((calves)) cattle officially brucellosis vaccinated.

(2) All vaccinations must be done by a licensed accredited veterinarian or federal or state employed veterinarian. Vaccinated animals must be permanently identified as vaccinates by a vaccination tattoo in the right ear. An official vaccination ear tag or registry tattoo shall be used for individual animal identification.

(3) ((All)) Brucellosis vaccinations ((shall be)) are not official until they are reported to the department ((before becoming official)) on official, completed and signed forms.

[Statutory Authority: RCW 16.36.040 and 16.36.050. 88-05-003 (Order 1964), § 16-86-095, filed 2/5/88. Statutory Authority: Chapter 16.36 RCW. 84-08-037 (Order 1814), § 16-86-095, filed 3/30/84. Statutory Authority: Chapters 16.36 and 16.40 RCW. 81-10-049 (Order 1732), § 16-86-095, filed 5/1/81, effective 7/1/81; 79-09-076 (Order 1642), § 16-86-095, filed 8/30/79.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 16-86-093 Indemnity for scrapie infected or exposed sheep or goats.

WAC 16-86-100 Criminal penalty--Civil injunction.

© Washington State Code Reviser's Office