WSR 99-03-085
PROPOSED RULES
DEPARTMENT OF AGRICULTURE
[Filed January 20, 1999, 9:38 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-24-098.
Title of Rule: Chapter 16-59 WAC, Importation of poultry and hatching eggs.
Purpose: The purpose of chapter 16-59 WAC is to detail rules for control, surveillance and eradication of important poultry diseases and to protect animal and public health in Washington state.
Statutory Authority for Adoption: RCW 16.36.040.
Statute Being Implemented: RCW 16.36.010, [16.36.]020, [16.36.]040, [16.36.]050, [16.36.]090, [16.36.]096, and [16.36.]100.
Summary: Changes add definitions, modernize the language and make technical corrections. Changes clarify importation requirements and testing to control and prevent the introduction of various poultry diseases into the state. The rule on shipping containers and equipment is modernized.
Reasons Supporting Proposal: Modernizes the chapter, provides definitions, removes some regulatory burden, removes unnecessary language and makes technical corrections in terminology and testing methods.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kathleen M. Connell, DVM, 1111 Washington Street, Olympia, WA 98504, (360) 902-1835.
Name of Proponent: Washington State Department of Agriculture, WSU College of Veterinary Medicine, Agricultural Animal Health Program Advisory Board, WSU Avian Health Laboratory, Washington Egg Commission, Northwest Egg Producers Cooperative Association, Washington Fryer Commission, USDA APHIS Veterinary Services Area Office, private and governmental.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: There will be a slight reduction in importation regulations for poultry and hatching eggs.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of chapter 16-59 WAC is to detail rules necessary for control, surveillance and eradication of important poultry diseases and to protect animal and public health in Washington state. Washington state has achieved and maintained its United States pullorum-typhoid clean classification and is free of other poultry diseases, but rules are necessary for surveillance and emergency situations. The federal government relies on state authorities for quarantine and investigative authorities, except in a declared animal health emergency. The chapter clarifies importation requirements and testing to control and prevent the introduction of various poultry diseases into the state.
It is an economic benefit to the state's poultry producers to be classified free of poultry diseases. Maintaining the disease-free classifications allows the state greater access to foreign markets and allows for interstate animal movements with a minimum of testing. This saves the poultry industry a minimum of $1 million annually in testing costs.
Proposal Changes the Following Existing Rules: Changes add definitions, modernize the language and make technical corrections in terminology and testing methods. The changes clarify importation requirements and testing to control and prevent the introduction of various poultry diseases into the state. The rule on shipping containers and equipment is modernized.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The overall impact of these changes is fiscally neutral or positive. The regulatory burden on small agricultural businesses stays the same or is being reduced slightly.
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, 1st Floor, Natural Resources Building, 1111 Washington Street, Olympia, WA 98504-2577, on February 23, 1999, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Cathy Jensen by February 22, 1999, TDD (360) 902-1996, or (360) 902-1878.
Submit Written Comments to: Kathleen M. Connell, DVM, Assistant 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 19, 1999
Candace A. Jacobs, DVM, MPH
Assistant Director
OTS-2759.3
Chapter 16-59 WAC
IMPORTATION AND MOVEMENT OF POULTRY AND HATCHING EGGS
AMENDATORY SECTION (Amending Order 997, Promulgation, filed 1/21/66)
WAC 16-59-001 ((Promulgation.)) Definitions. ((I, Donald
W. Moos, director of agriculture of the state of Washington by
virtue of the authority vested in me under chapter 16.36 RCW,
after due notice as provided under chapters 34.04 and 42.32 RCW,
and a public hearing held in Olympia on January 12, 1966 do
promulgate the following regulations:)) (1) "Baby poultry" means
newly hatched poultry that have not been fed or watered.
(2) "Department" means the department of agriculture of the state of Washington.
(3) "Director" means the director of agriculture of the state of Washington or his or her authorized representative.
(4) "Game birds" means domesticated fowl such as pheasants, partridge, quail, grouse and guineas, but not doves and pigeons.
(5) "Hatching eggs" means fertile eggs that have the potential to hatch baby poultry.
(6) "Infectious coryza" means a respiratory disease of poultry caused by haemophilus paragallinarum (gallinarum).
(7) "Infectious laryngotracheitis" means a highly contagious respiratory disease of poultry caused by a herpesvirus.
(8) "NPIP" means USDA National Poultry Improvement Plan, a cooperative industry-state-federal program to eliminate egg-transmitted and hatchery-disseminated diseases. Title 9, Code of Federal Regulations, Part 145, are the plan standards and contain the requirements for this voluntary program.
(9) "Official health certificate" means a legible certificate of veterinary inspection on an official form of the state of origin or of the USDA Animal and Plant Health Inspection Service (APHIS) executed by a licensed and accredited veterinarian or a veterinarian approved by the proper official of USDA APHIS.
(10) "Ornithosis" means a disease of poultry caused by Chlamydia psittaci, transmissible to other animals and humans and synonymous with the term psittacosis.
(11) "Person" means a person, persons, firm or corporation.
(12) "Poultry" means chickens, turkeys, ratites, waterfowl, game birds, pigeons, doves and other domestic fowl designated by statute. "Poultry" does not mean free ranging birds defined as wildlife in Title 77 RCW.
(13) "Pullorum" means a disease of poultry caused by Salmonella pullorum.
(14) "Typhoid" means a disease of poultry caused by Salmonella gallinarum.
[Order 997, Promulgation, filed 1/21/66.]
AMENDATORY SECTION (Amending WSR 94-23-122, filed 11/22/94, effective 12/23/94)
WAC 16-59-010 Health certificates. (1) ((It shall be
unlawful for any person, firm or corporation to import any
poultry or hatching eggs into this state unless in compliance
with the requirements set forth hereafter in this rule and in
accordance with Washington import rules (chapter 16-54 WAC) and
Title 9, Code of Federal Regulations. Shipment to be accompanied
by an official health certificate or certificate of veterinary
inspection (except shipments for immediate slaughter, hatching
eggs and unfed poultry) on which vaccinations are shown when
applicable giving dates, method and type of vaccine used in
addition to requirements of Washington import rules.)) Shipments
of poultry and hatching eggs must comply with requirements in
this chapter and Washington animal importation rules (chapter
16-54 WAC) to be imported into this state. An official health
certificate must accompany the shipment. In lieu of an official
health certificate, an official NPIP form is acceptable. An
official health certificate is not required for shipments sent to
immediate slaughter or for hatching eggs or baby poultry from
NPIP participants.
(2) A permit is required for ((import)) importation of
ratites ((and)). The permit number is issued by the state
veterinarian and must be entered on the official health
certificate ((of veterinary inspection or health certificate)).
Each ratite imported must be permanently identified with a
permanent leg band, microchip, or tattoo showing an individual
number. The type of identification (including type of microchip
if used) must be listed on the official health certificate ((of
veterinary inspection or health certificate)). ((Health
requirements for ratites also appears in chapter 16-54 WAC.
(2))) (3) Chickens, ratites, waterfowl, game birds, pigeons,
doves and other domestic fowl must originate from a producer
participating in the pullorum-typhoid control phase of NPIP or
test serologically negative for pullorum-typhoid within the past
thirty days. In the case of eggs and baby poultry, the breeder
flock must be an NPIP participant or must have tested negative to
pullorum-typhoid within the past thirty days. Turkeys must
originate from a producer participating in the pullorum-typhoid
and Mycoplasmosis control phases of NPIP or test serologically
negative for pullorum-typhoid and Mycoplasmosis within the past
thirty days. In the case of eggs and newly hatched turkeys, the
breeder flock must be an NPIP participant or must have tested
negative to pullorum-typhoid and Mycoplasmosis within the past
thirty days.
(4) Poultry for immediate slaughter may enter and move
within the state of Washington directly to slaughter plants
((under federal, state, county or municipal supervision
providing)). The accompanying ((certificate or waybill is so
marked with)) shipping document must indicate the following
information:
(a) The plant of destination;
(b) That the birds are consigned for ((immediate)) slaughter
and ((shall)) will be slaughtered ((forthwith)) immediately after
arrival at the plant;
(c) The shipper's name and address; and
(d) The number and type of birds in the shipment.
(((3) For the purpose of this order the term "poultry" is
considered to include all chickens, turkeys, ratites and other
domestic fowl.))
[Statutory Authority: Chapter 16.36 RCW. 94-23-122, § 16-59-010, filed 11/22/94, effective 12/23/94; Order 997, Regulation 1, filed 1/21/66.]
AMENDATORY SECTION (Amending Order 997, Regulation 2, filed 1/21/66)
WAC 16-59-020 Wrongful sale. It ((shall be)) is unlawful
for any person((,)) to ((give, barter,)) exchange, sell, ((offer
for sale)) or otherwise distribute poultry((, including baby
chicks and/or poults)) or hatching eggs ((in the state of
Washington that are)) affected with or ((originate)) originating
from flocks affected with pullorum-typhoid or other contagious,
infectious or communicable disease mentioned in this ((order
except upon)) chapter. The state veterinarian may make an
exception and issue a permit ((issued by the Washington state
department of agriculture)) for importation or movement when
satisfied such movement will not affect the health of flocks in
the state.
[Order 997, Regulation 2, filed 1/21/66.]
AMENDATORY SECTION (Amending WSR 94-23-122, filed 11/22/94, effective 12/23/94)
WAC 16-59-030 Testing of breeding stock. (1) Pullorum-typhoid: All poultry and hatching eggs((, baby chicks and/or
poults, and growing stock (started pullets))) in interstate
movement ((shall have originated)) must originate from parent or
grandparent stock which are((/were)) registered as participating
flocks under ((the National Poultry Improvement Plan ())NPIP(()))
or equivalent state program ((and)). The poultry and hatching
eggs must be classified as ((Salmonella)) pullorum-typhoid free
or ((are)) must be tested negative for ((Salmonella)) pullorum-typhoid within thirty days of movement. Acceptable tests are
((serum)) standard tube agglutination, ((serum or whole blood
plate agglutination with pullorum antigen or))
microagglutination, enzyme-linked immuno-sorbent assay (ELISA) or
rapid serum test. The stained antigen, rapid whole blood test
can be used for all poultry except turkeys. The state
veterinarian may allow cloacal swab or environmental testing
((for salmonella)) in lieu of blood testing ((as appropriate))
for certain species of ratites. Any person who sells poultry or
hatching eggs as ((Salmonella)) pullorum-typhoid free must
qualify ((such)) under the provisions of this rule((: Provided,
however, That eggs for table consumption and stock for immediate
slaughter, or shipments consigned to a diagnostic laboratory or
research institute approved by Washington state department of
agriculture, shall be)). Exempt from pullorum-typhoid
requirements ((contained in this order)) are:
(a) Eggs for table consumption;
(b) Poultry for immediate slaughter; and
(c) Shipments consigned to a diagnostic laboratory or research institute approved by the department.
(2) Infectious laryngotracheitis; infectious coryza: ((No
poultry shall be transported, shipped or otherwise introduced
into the state that have been naturally infected with or exposed
to poultry naturally infected with field strains of infectious
laryngotracheitis or infectious coryza or vaccinated with
virulent laryngotracheitis or infectious coryza vaccines, except
upon a permit from the director of agriculture and subject to
quarantine at destination. Such)) Poultry cannot be imported if
naturally infected or exposed to natural infection with
infectious laryngotracheitis or infectious coryza. Such poultry
can be imported under permit from the state veterinarian. The
shipment can only be moved into the state when accompanied by an
official federal form VS1-27 completed and signed by a federal or
state veterinarian. The shipment will be quarantined once it
reaches its Washington destination. A permit((s)) will be
granted ((only)) when available ((authentic)) information
indicates that the poultry to be transported will not present a
disease hazard to state of Washington flocks((: Provided,
however, That eggs for table consumption from flocks naturally
infected with field strains of infectious laryngotracheitis or
infectious coryza or vaccinated with virulent laryngotracheitis
or infectious coryza vaccines, when washed and sanitized by
methods required by the state veterinarian after consultation
with Washington state poultry pathologists, stock for immediate
slaughter or stock consigned to a diagnostic or research
laboratory approved by Washington state department of agriculture
shall be exempt)). Exempted from the infectious
laryngotracheitis ((or)) and infectious coryza requirements
((contained in this order: Provided further, That)) are:
(a) Poultry for immediate slaughter;
(b) Poultry consigned to a diagnostic laboratory or research institute approved by the department; and
(c) Eggs for table consumption from flocks naturally
infected or vaccinated with virulent vaccines. To meet this
exemption, eggs for table consumption must be washed and
sanitized by methods required by the state veterinarian after
consultation with Washington state poultry pathologists. Crates,
equipment, and packaging material used for ((such))
transportation ((are)) must be cleaned and ((sterilized))
disinfected to the department's satisfaction ((of Washington
state department of agriculture authorities)) or must be burned
before leaving the slaughter, diagnostic, or egg processing
premises. If crates, equipment and packaging material cannot be
burned, they must be disposed of by a method in compliance with
local air quality standards that still provide for destruction of
pathogens.
(3) Ornithosis: Poultry and eggs ((from flocks in which))
are not to be imported into or moved intrastate in Washington if
ornithosis is suspected or has been diagnosed ((shall not be
imported into or moved intrastate in the state of Washington
except on written permit from the Washington state department of
agriculture)). The state veterinarian may make an exception and
issue a permit for importation or movement after proper treatment
with a recommended antibiotic and observation of the appropriate
withdrawal time.
[Statutory Authority: Chapter 16.36 RCW. 94-23-122, § 16-59-030, filed 11/22/94, effective 12/23/94. Statutory Authority: RCW 16.36.040 and 16.36.050. 89-06-007 (Order 1994), § 16-59-030, filed 2/17/89; Order 997, Regulations 3, 4, 5, filed 1/21/66.]
AMENDATORY SECTION (Amending Order 997, Regulation 6, filed 1/21/66)
WAC 16-59-060 Shipping equipment. (1) All poultry ((to))
must be moved only in clean containers. All crates or other
containers used to transport ((or otherwise convey)) live poultry
into or within the state of Washington must be either new or
thoroughly cleaned and ((thereafter)) disinfected and then washed
with steam or hot water under pressure.
(2) All common carriers and any other conveyances used in
the transportation of live poultry to or from the receiving
station or ((point of)) destination ((shall)) must be free from
poultry droppings, feathers and other debris.
[Order 997, Regulation 6, filed 1/21/66.]
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 16-59-070 Penalty provisions.