WSR 98-19-037

PERMANENT RULES

DEPARTMENT OF AGRICULTURE

[Filed September 11, 1998, 11:22 a.m.]



Date of Adoption: September 11, 1998.

Purpose: To update livestock identification rules and implement changes in livestock inspection procedures resulting from a legislatively-mandated 20% roll back in fees and declining revenues. Five separate rules on similar livestock inspection topics were rewritten as one comprehensive, easy to read rule.

Citation of Existing Rules Affected by this Order: Chapters 16-96, 16-605A, 16-608 and 16-620 WAC, repealed in their entirety, and chapter 16-604 WAC excluding WAC 16-604-009, 16-604-010, 16-604-020, 16-604-025, and 16-604-040.

Statutory Authority for Adoption: RCW 16.57.160, 16.57.220, 16.57.240, 16.57.350, 16.58.030, 16.58.050, 16.65.037, 16.65.090.

Adopted under notice filed as WSR 98-15-157 on July 22, 1998, continued as WSR 98-18-043 on August 28, 1998.

Changes Other than Editing from Proposed to Adopted Version: Clarifying changes were made to WAC 16-607-005(16), replacing the word "which" with "that"; WAC 16-607-045(2), deleting the word "additional." Proof of ownership is required and the inclusion of the word "additional" is redundant. WAC 16-607-050(4), deleting the word "additional." Proof of ownership is required and the inclusion of the word "additional" is redundant, WAC 16-607-060(1), replace "the" individual with "that" individual, and WAC 16-607-060 (1)(a), add the word "address" after business. Other changes to WAC 16-607-005, 16-607-040, 16-607-055, 16-607-060, and 16-607-120 will be filed under a supplemental notice and a public hearing will be scheduled.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 1, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 24, amended 0, repealed 42.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

September 11, 1998

James M. Jesernig

Director

OTS-2451.2

Chapter 16-607 WAC



INSPECTION AND IDENTIFICATION OF LIVESTOCK



NEW SECTION



WAC 16-607-005  Definitions. (1) "Association of livestock breeders" means any properly incorporated association whose membership is made up of livestock breeders.

(2) "Brand" means a permanent fire brand, or any artificial mark, other than an individual identification symbol, approved by the director to be used in conjunction with a brand or by itself.

(3) "Brand inspection" or "livestock inspection" means the examination of livestock or livestock hides for brands or any means of identifying livestock or livestock hides including the examination of documents providing evidence of ownership.

(4) "Certificate of permit" or "transportation permit" means a form prescribed by and obtained from the director that is completed by the owner or a person authorized to act on behalf of the owner to show the ownership of livestock. It does not evidence inspection of livestock.

(5) "Collecting point" means livestock inspection points designated by the Washington state beef commission to collect beef commission assessment payments directly from cattle producers and remit to the Washington state beef commission.

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

(7) "Director" means the director of the department or his/her duly authorized representative.

(8) "Farmers Cooperative Association" means any properly incorporated cooperative association whose membership is made up of livestock producers.

(9) "Individual identification symbol" means a permanent mark placed on a horse for the purpose of individually identifying and registering the horse and which has been approved for use as such by the director.

(10) "Inspection certificate" means a certificate issued by the director or a veterinarian certified by the director documenting the ownership of an animal based on an inspection of the animal. It includes an individual identification certificate.

(11) "Licensee" means any person licensed to operate a market under chapter 16.65 RCW.

(12) "Livestock" means all cattle, horses, burros, and mules of whatever species, breed or age.

(13) "Lot" means livestock of one ownership.

(14) "Market" means public livestock market as defined in RCW 16.65.010(1).

(15) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be.

(16) "Production record brand" means a number brand that is used for production identification purposes only.

(17) "Purchase invoice" means the invoice issued by a public livestock market to the purchaser of cattle or horses consigned to the market.

(18) "Self-inspection certificate" means a form prescribed by and obtained from the director that is used for self-inspection of cattle or horses and is signed by the buyer and seller of the cattle or horses.



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NEW SECTION



WAC 16-607-010  The livestock identification advisory board. (1) The livestock identification advisory board established in RCW 16.57.015 is composed of six members appointed by the director. The advisory board shall meet at least once annually with the director to perform its advisory functions. Additional meetings may be convened at the request of the director or a majority of the membership.

(2) Advisory board members must be residents of the state of Washington and actively engaged in the industry they represent. The director is an ex-officio member of the advisory board.

(3) Advisory board members serve three-year terms. Terms commence July 1 and expire June 30.

(4) Positions are numbered one through six as follows:

(a) Position one - beef producers;

(b) Position two - public livestock market operators;

(c) Position three - horse owners;

(d) Position four - dairy farmers;

(e) Position five - cattle feeders; and

(f) Position six - meat processors.

(5) On initial appointment, positions one and four serve a one-year term; positions two and five serve a two-year term; and positions three and six serve a three-year term.

(6) Vacancies in membership may be filled by the director for the remainder of an unexpired term. Current members of the advisory board and presidents of affected statewide industry groups may submit names to the director for consideration in filling vacancies.

(7) The director shall solicit nominations to fill an expiring position from affected statewide industry groups. Nominations from industry groups shall be submitted to the director for consideration prior to May 1 of the year the term expires.



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NEW SECTION



WAC 16-607-015  Official forms. (1) Official forms prescribed by the director under the provisions of RCW 16.57.240 include the certificate of permit, livestock inspection certificate and self-inspection certificate. The forms include the owner's name, number, breed, sex, brand or other method of identification of livestock and other information deemed necessary by the department.

(2) Books of the certificate of permit are obtained from the department upon payment of one dollar.



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NEW SECTION



WAC 16-607-020   Point of inspection--Cattle. All cattle shall be inspected for brands or other proof of ownership at the following points:

(1) Prior to being moved out of state, except as provided in WAC 16-607-035(2).

(2) Prior to sale at any public livestock market.

(3) Prior to slaughter at any slaughter plant where the United States Department of Agriculture maintains meat inspection, unless the cattle originate from a certified feed lot or are accompanied by:

(a) An inspection certificate issued by the director or a veterinarian certified by the director or any other agency authorized in any other state or any Canadian province by law to issue such a certificate; or

(b) A purchaser's invoice issued by a public livestock market.

(4) Upon entry or reentry and prior to commingling with other cattle at any certified feed lot licensed under chapter 16.58 RCW, unless the cattle are accompanied by:

(a) An inspection certificate issued by the director or a veterinarian certified by the director or any other agency authorized in any other state or any Canadian province by law to issue such a certificate; or

(b) A purchaser's invoice issued by a public livestock market.

(5) At any point of sale or the taking of possession by an intended purchaser or private agent subject to title passing, except that inspection shall not be required for any individual private sale of any unbranded female dairy breed cattle involving fifteen head or less. Exemption from mandatory inspection does not exempt cattle sellers from paying assessments due to the Washington state beef commission under chapter 16.67 RCW.



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NEW SECTION



WAC 16-607-025  Point of inspection--Horses. All horses shall be inspected for brands or other proof of ownership at the following points:

(1) Prior to being moved out of state, except as provided in WAC 16-607-035.

(2) Prior to sale at any public livestock market.

(3) Prior to sale at any special open consignment horse sale as defined in RCW 16.65.010.

(4)Prior to sale at any special sale where horses of more than one owner are offered for sale on an occasional and seasonal basis either by private treaty or auction.



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NEW SECTION



WAC 16-607-035  Out-of-state inspection procedure. (1) All cattle and horses shall be inspected by the department or a certified veterinarian for brands or other proof of ownership prior to being moved out of state, except as provided in WAC 16-607-035(2) or when accompanied by a purchase invoice issued by a public livestock market.

(2) Livestock may be moved out of state without prior livestock inspection when they are destined for a public livestock market or slaughterplant in another state where brand inspection is performed by the department or an agent pursuant to an agreement with the other state. The livestock moving out-of-state to those public livestock markets or slaughterplants must be accompanied by a certificate of permit showing that the livestock are directly destined for and transported to the out-of-state inspection point. The certificate of permit is not valid for transportation to any other inspection point or beyond the inspection point.



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NEW SECTION



WAC 16-607-045  Livestock inspection procedures--Certified feed lots, slaughterplants, beef commission assessment collecting points. (1) Livestock inspection of cattle required under WAC 16-607-020 (3) and (4) and at other beef commission assessment collecting points is conducted by the seller and buyer. If the livestock are consigned for custom feeding or custom processing, the certified feed lot or plant assumes the responsibility of the buyer and the owner assumes the responsibility of the seller.

(2) The seller presents to the buyer a completed certificate of permit. The seller retains one copy and provides the original and one copy to the buyer. Proof of ownership must be provided to the buyer for all brands not recorded to the seller.

(3) The buyer shall provide to the seller a receiving/scale ticket or any customary form indicating receipt of the livestock.

(4) The buyer shall collect and remit inspection fees to the department.



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NEW SECTION



WAC 16-607-050  Livestock inspection procedures--Private treaty sales. Livestock inspection of cattle required under WAC 16-607-020(5) may be conducted by the department, by veterinarians certified by the department, or by the buyer and seller.

(1) Inspection by the department is on request and is provided at the discretion of the director.

(2) Livestock inspection of cattle required under WAC 16-607-020(5) conducted by the buyer and seller is documented using self-inspection certificates obtained from the department.

(3) Self-inspection certificates must be fully completed and signed by the buyer and seller. The original shall be provided to the buyer and accompany the cattle and the seller shall retain a copy.

(4) Proof of ownership must be provided to the buyer for all livestock bearing brands not recorded to the seller.

(5) The cost of self-inspection certificates includes the current cattle inspection fee and the assessment for the National Beef Promotion and Research Act. The department will remit assessments collected to the Washington state beef commission.



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NEW SECTION



WAC 16-607-060  Certification of veterinarians to issue inspection certificates. The director may certify veterinarians licensed and accredited in Washington state to issue inspection certificates for livestock.

(1) No veterinarian may issue an inspection certificate unless that individual has met the certification requirements and paid the certification fee.

(2) Application for certification is on a form prescribed by the director. The application will include the following information:

(a) The full name and principal business address of the individual applying for certification.

(b) The applicant's Washington state veterinary license number.

(c) The geographic area in which the applicant will provide service.

(d) A statement regarding the applicant's experience with large animals, especially cattle and horses.

(e) Whether the applicant is requesting certification to issue inspection certificates for cattle or horses or both.

(f) The signature of the veterinarian requesting certification.

(g) Any other reasonable information the department finds necessary to carry out the purpose of this chapter.

(3) The fee for certification is thirty-five dollars. The certification expires on the third December 31st following the date of issuance.

(4) All veterinarians applying for certification must complete training provided by the department. Training will include but not be limited to the reading of printed brands and brands or other marks on live animals, completion of official documents and review of satisfactory ownership documents. The department will provide a copy of the most current brand book and any supplements issued to date to each person certified.

(5) The department will maintain a list of veterinarians certified to perform livestock inspection. The list is available upon request to interested persons.

(6) Certified veterinarians must submit required inspection fees to the department with copies of each certificate issued. An additional fee may be charged that is separate from fees collected under RCW 16.57.220 and WAC 16-607-065.

(7) The department may withdraw or deny approval of certified veterinarians to perform livestock inspection under the following circumstances:

(a) For knowingly making false or inaccurate statements regarding qualifications on an application.

(b) For knowingly making or acquiescing in false or inaccurate statements on livestock inspection certificates as to the date or location of the inspection, marks or brands on the livestock inspected, owner's name or any other statement material to the livestock inspected.



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NEW SECTION



WAC 16-607-065  Inspection fees. (1) The fee for livestock inspection is sixty cents per head for cattle and two dollars and forty cents per head for horses, except as provided for in subsection (4) of this section.

(2) The fee for individual identification certificates is seven dollars and fifty cents for an annual certificate and fifteen dollars for a lifetime certificate, except as provided for in subsection (5) of this section.

(3) There is a minimum fee of two dollars and fifty cents for the issuance of any inspection certificate by the director except for those issued at a public livestock market sale or special sale approved by the director.

(4) When inspection is performed by the department, the fee is sixty cents per head for cattle and two dollars and forty cents per head for horses or fifteen dollars per hour and the current mileage rate set by the office of financial management, whichever is greater, except as provided for in RCW 16.65.090.

(5) When individual identification certificates are issued by the department, the fee for an annual certificate is seven dollars and fifty cents and fifteen dollars for a lifetime certificate or fifteen dollars per hour and the current mileage rate set by the office of financial management, whichever is greater.

(6) All inspection performed on an hourly basis by the department begins at the time the inspector leaves his or her official station to the point of inspection and ends upon return to his or her official station.

(7) Veterinarians certified by the department may charge an additional fee that is separate from livestock inspection fees.



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NEW SECTION



WAC 16-607-070  Renewal of registered brands. Owners of registered brands must file for renewal of registration by December 31st of odd-numbered years. A late filing fee of ten dollars shall accompany any renewals filed after December 31st of odd-numbered years.



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NEW SECTION



WAC 16-607-075  Recording fees. The fee for recording any instrument affecting the title of a brand is fifteen dollars. The fee for obtaining a certified copy of the record of a brand by the owner of the brand is seven dollars and fifty cents.



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NEW SECTION



WAC 16-607-080  Identification by freeze branding. The technique of identifying livestock by freeze branding may be used for complying with the requirements of chapter 16.57 RCW and chapter 16-607 WAC.



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NEW SECTION



WAC 16-607-085  Use of production brands for dairy cattle. Cattle for dairy purposes may be identified by branding on any point between the hock and the stifle of the right or left hind leg, or both, by the owner. Any digit or combination of digits may be used.



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NEW SECTION



WAC 16-607-090  Use of production brands for beef cattle. (1) Cattle of the beef breeds may be identified by branding high on either the left or right shoulder, or both, by the owner. The use of production record brands on cattle of the beef breeds shall be allowed only when such cattle are identified with such owner's registered brand: Provided, That production record brands may be placed on registered cattle of the beef breeds without the use of an ownership brand.

(2) Any digit or combination of digits may be used, with the exception of the following numbers:

(a) Not permissible on the right shoulder are 7, 60 and 717;

(b) Not permissible on the left shoulder are 14, 25 and 77.



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NEW SECTION



WAC 16-607-095  Production record brands to consist of Arabic numbers only--Exception. (1) Production record brands shall consist only of Arabic numbers and may include any digit or any combination of such digits in groups, except as limited in WAC 16-607-090.

(2) Production record brands must be recorded with the department of agriculture in the same manner as an ownership brand under the provisions of chapter 16.57 RCW, before they may be legally used in this state.

(3) No fee will be charged for recording a production brand if the same person has already paid to record an ownership brand.

(4) No production record brand will be recognized for ownership purposes, registered for ownership purposes, or accepted for livestock inspection purposes.



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NEW SECTION



WAC 16-607-100  Custom slaughter beef tag. Any person licensed as a custom slaughterer shall complete and attach a custom slaughter beef tag to each of the four quarters of all slaughtered cattle handled by that slaughterer. The tags must remain on the quarters until the quarters are cut and wrapped. Only the department may provide custom slaughter beef tags to custom slaughterers. The fee for each set of four custom slaughter beef tags is one dollar and fifty cents. The department will maintain a surveillance and enforcement program to assure compliance with these requirements.



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NEW SECTION



WAC 16-607-105  Certificate of permit required for custom slaughtered cattle. Any person presenting his or her cattle for slaughter by a licensed custom slaughterer shall provide to the custom slaughterer a completed certificate of permit. The number of the custom slaughter beef tag attached by the custom slaughterer shall be listed on the certificate of permit.



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NEW SECTION



WAC 16-607-110  Livestock identification on slaughtered cattle by owner. No custom meat facility may receive a carcass from other than a custom farm slaughterer mobile or fixed location or an officially inspected slaughterplant unless it is accompanied by a certificate of permit signed by the owner of the carcass.



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NEW SECTION



WAC 16-607-115  Certified feed lot licensing. (1) Prior to issuance of an original certified feed lot license the director will conduct an inspection of all cattle and their corresponding ownership documents. The inspection fee shall be the higher of the current inspection fee per head of cattle or time and mileage as set in RCW 16.57.220.

(2) Certified feed lot licenses issued under RCW 16.58.060 expire on June 30th following the date of issuance.

(3) Upon nonrenewal of a certified feed lot license all cattle inventory in a feed lot is subject to inspection requirements for noncertified feed lots.



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NEW SECTION



WAC 16-607-125  Public livestock market livestock inspection facilities. Livestock inspection facilities at public livestock markets shall be approved by the director and shall consist of:

(1) A chute which has a solid base on each side of sufficient strength to contain cattle and horses at least twenty-four inches in height, but no more than thirty-six inches in height. Above the base on each side, the chute shall have wire cables extended along its entire length separated by six-inch intervals to a height of at least six feet. The cables shall be attached to a vertical post every sixteen feet, alternated with a pipe or stay every eight feet for support and to ensure that the cables are maintained in a tight condition. The brand chute shall be kept well lit with shop, spot, or floodlights on both sides of the chute at a height of five feet above the highest cable. The lighting shall extend for a distance of three-fourths of the length of the chute beginning at the head of the chute;

(2) An electrical outlets for clippers at chutes;

(3) A livestock inspection area kept free of any leaking or water build-up of any kind and well covered by adequate roofing;

(4) A work area for livestock inspectors on each side of the chute which shall be protected from cattle and horses being unloaded or moved by fencing or any other permanent structure allowing at least thirty inches of work space along the length of the chute.

(5) An office in the livestock inspection area with dimensions of at least eight feet by ten feet. The office shall contain adequate heating and a counter approximately eighteen inches in width at a standing work level.



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NEW SECTION



WAC 16-607-130  Public livestock market scale installation regulations. (1) Approaches and accessibility for testing shall consist of:

(a) A convenient unobstructed hard surfaced approach to the livestock scale at the scale deck level when the scale is inaccessible for a test truck; and

(b) Doors and passageways which are a minimum of six feet in width.

(2) A scale deck shall be constructed preferably of reinforced concrete with "Z" bar coping. If cleats are used which are more than three-fourths inch in thickness, such cleats shall be hinged or readily removable, otherwise a satisfactory covering for such cleats must be provided to allow for proper testing.

(3) The stock rack shall be securely fastened to the scale deck. There shall be a minimum clearance of three inches between the rack and surrounding dead construction. Adequate space and visibility shall be provided so that interested parties may observe the weighing operation. All dial scales used by the licensee shall be of adequate size to be readily visible to all interested parties and shall be equipped with a mechanical weight recorder. All beam scales used by the licensee shall be equipped with a balance indicator, a weigh beam and a mechanical weight recorder, all readily visible to all interested parties.

(4) The pit and foundation shall be of monolithic construction. Coping iron shall be required on all corners adjacent to the deck. The pit shall be six feet in depth, dry and readily accessible for inspection. Electrical lighting facilities for inspection shall be provided. Exception to the six-foot depth may be allowed, upon approval of the director, when conditions are sufficiently adverse. However, a minimum of two feet clearance shall always be provided between the lowest scale lever and the pit floor.

(5) The recording element shall be adequately housed for protection against wind and weather.

(6) No scales are required at markets licensed to handle horses and mules only unless animals are to be sold by weight. When animals are sold by weight, the scale requirements as shown previously shall apply.



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NEW SECTION



WAC 16-607-135  Sale day. In any case where a licensed operator of a public livestock market fails to conduct a sale on a sale day which has been allocated to the licensee by the director more than six times in any twelve-month period, the allocation of that sale day is subject to change or revocation. Any change or revocation of an allocated sale day shall be considered in an administrative hearing conducted under the provisions of chapter 34.05 RCW.



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NEW SECTION



WAC 16-607-140  Special sale approval. Application for approval of a special sale shall be made at least fifteen days in advance of the proposed sale. Approval is subject to the discretion of the director.



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NEW SECTION



WAC 16-607-145  Association membership. To assure that any special sale proposed by a Farmers Cooperative Association or Association of Livestock Breeders is limited to the sale of their own livestock, the association may be required to verify to the director that any person offering livestock for sale in the special sale was a member of the association at the time of the filing of any consignment application, contract or commitment.



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OTS-2456.1

REPEALER



The following chapter of the Washington Administrative Code is repealed:



WAC 16-96-001 Promulgation.

WAC 16-96-002 Promulgation.

WAC 16-96-003 Promulgation.

WAC 16-96-010 Branding dairy cattle for identification.

WAC 16-96-020 Branding beef cattle for identification.

WAC 16-96-030 Production record brands to consist of Arabic numbers only--Exception.

OTS-2457.2

REPEALER



The following sections of the Washington Administrative Code are repealed:



WAC 16-604-001 Promulgation.

WAC 16-604-002 Promulgation.

WAC 16-604-003 Promulgation.

WAC 16-604-008 License fees.

WAC 16-604-012 Brand inspection facilities.

WAC 16-604-015 Sales day.

WAC 16-604-030 Scale installation regulations.

OTS-2458.1

REPEALER



The following chapter of the Washington Administrative Code is repealed:



WAC 16-605A-001 Certified feed lot license fee.

WAC 16-605A-005 Certified feed lot license expiration--Late renewal penalty.

WAC 16-605A-010 Certified feed lot handling fee.

OTS-2459.1

REPEALER



The following chapter of the Washington Administrative Code is repealed:



WAC 16-608-001 Definitions.

WAC 16-608-010 Special permits.

WAC 16-608-020 Membership.

OTS-2460.1

REPEALER



The following chapter of the Washington Administrative Code is repealed:



WAC 16-620-010 Definitions.

WAC 16-620-015 The livestock identification advisory board.

WAC 16-620-020 Point of inspection.

WAC 16-620-030 Out-of-state points of inspection.

WAC 16-620-080 Inspection exemption at slaughterhouse.

WAC 16-620-100 Prescribed transportation permit and bill of sale form.

WAC 16-620-105 Self-inspection slips.

WAC 16-620-150 Brand registration and renewal fee.

WAC 16-620-205 Identification by freeze branding.

WAC 16-620-210 Purchase of official forms.

WAC 16-620-230 Certificate of permit required for custom slaughtered cattle.

WAC 16-620-240 Slaughter tag.

WAC 16-620-250 Brand identification on slaughtered cattle by owner.

WAC 16-620-260 Fee.

WAC 16-620-275 Minimum fee.

WAC 16-620-280 Inspection--Annual and lifetime certificates.

WAC 16-620-290 Fees--Regular inspection points.

WAC 16-620-340 Inspection, special sales.

WAC 16-620-350 Inspection time charged.

WAC 16-620-380 Inspection fee.

WAC 16-620-390 Renewal of registered brands.

WAC 16-620-400 Recording fee.

WAC 16-620-410 Fee for certified copy of brand record.

Legislature Code Reviser

Register

Washington State Code Reviser's Office