PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 06-16-088.
Title of Rule and Other Identifying Information: Chapter 16-70 WAC, Animal diseases -- Reporting.
Hearing Location(s): Holiday Inn Express, 9220 East Mission Avenue, Spokane Valley, WA 99206, on March 13, 2007, at 6:30 p.m.; at the Ellensburg Inn, 1700 Canyon Road, Ellensburg, WA 98926, on March 14, 2007, at 6:30 p.m.; and at the Best Western Tulalip Inn, 3228 Marine Drive N.E., Marysville, WA 98271, on March 15, at 6:30 p.m.
Date of Intended Adoption: March 16, 2007.
Submit Written Comments to: Teresa Norman, 1111 Washington Street S.E., Olympia, WA 98504-2560, e-mail WSDARulesComments@agr.wa.gov, fax (360) 902-2092, by 5:00 p.m. on March 15, 2007.
Assistance for Persons with Disabilities: Contact the WSDA receptionist by March 6, 2007, TTY (360) 902-1996 or (360) 902-1976.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend rules relating to the reporting of infectious and contagious livestock disease to:
(1) Make them current with the World Organization of Animal Health's list of notifiable diseases;
(2) Clarify the requirements in order to make the rules clear and usable;
(3) Include important diseases that are not on the World Organization of Animal Health's list of notifiable diseases; and
(4) Remove requirements with no statutory authority.
Reasons Supporting Proposal: The amendments will make it easier for animal health veterinarians and technicians to comply with disease reporting requirements and will contribute to the overall health, safety, and welfare of the state's citizens, livestock, and pet animals.
Statutory Authority for Adoption: Chapters 16.36 and 34.05 RCW.
Statute Being Implemented: Chapter 16.36 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: The Washington state department of agriculture, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Leonard Eldridge, P.O. Box 42577, Olympia, WA 98504-2577, (360) 902-1881.
No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no economic impact associated with these rule amendments.
A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency in RCW 34.05.328 (5)(a)(i).
January 22, 2007
Leonard E. Eldridge, DVM
State Veterinarian
OTS-9482.2
AMENDATORY SECTION(Amending WSR 00-06-064, filed 3/1/00,
effective 4/1/00)
WAC 16-70-005
Definitions.
For the purpose of this
chapter:
(((1))) "Animal" means any animal species except fish and
insects including all those so classified as wild, captive
wild, exotic wild, alternative livestock, semidomesticated,
domestic or farm.
(((2) "Domestic animal" means any farm animal raised for
the production of food and fiber or companion animal or both.
(3) "Farm animal" means any species which have normally and historically been kept and raised on farms in Washington, the United States, or elsewhere and used or intended for use as food, fiber, breeding, or draft and which may be legally kept for such use in Washington and are not those animals classified as wildlife or deleterious exotic wildlife under Title 77 RCW.
(4) "Alternative livestock" means any species which can be kept or raised on farms and used or intended for use as food, fiber, breeding, or draft and which may be legally kept for use in Washington and are not those animals classified as wildlife or deleterious exotic wildlife under Title 77 RCW.
(5) "Wild animal" means those species of the class Mammalia whose members exist in Washington in a wild state.
(6) "Exotic wild animal" means those species of animals whose members do not exist in the state of Washington but exist elsewhere in the world in the wild state.
(7))) "OIE notifiable disease list" means the diseases listed by the OIE in the Terrestrial Animal Health Code (15th Edition, 2006). The OIE notifiable disease list may be found on the internet at: http://www.oie.int/eng/maladies/en_classification.htm. The list may also be found in the Washington state department of agriculture's Animal Health Handbook for Veterinarians.
"OIE" means Office International des Epizooties. The OIE is the World Organization of Animal Health.
"Reportable disease list" means the list of diseases that are reportable to the OIE and the state veterinarian.
(((8))) "Veterinary laboratory" means a place equipped
for performing diagnostic or investigative procedures on
submitted specimens from animals and fish ((or their
environment where the tests are conducted)) by personnel whose
primary duties are to conduct such procedures.
[Statutory Authority: RCW 16.36.010(1), [16.36.]040 and [16.36.]080(4). 00-06-064, § 16-70-005, filed 3/1/00, effective 4/1/00. Statutory Authority: RCW 16.36.096 and 16.36.040. 93-19-127 (Order 5011), § 16-70-005, filed 9/21/93, effective 10/22/93.]
(2) Case definitions shall conform to OIE standards under
the ((OIE International)) Terrestrial Animal Health Code
((where)) (15th Edition, 2006) and the OIE Manual of
Diagnostic Tests and Vaccines for Terrestrial Animals, 5th
Edition, 2004, with updates published online at:
http://www.oie.int/eng/publicat/en_standards.htm.
(a) A case means an individual animal affected by one of
the ((infectious or parasitic)) diseases ((recognized by
OIE,)) listed on the OIE notifiable disease list or a disease
listed in this chapter.
(b) The criterion by which "affected" is defined ((and
made clear in each instance)) for each disease (for example:
Clinical signs, serological evidence, etc.) is found in the
Terrestrial Animal Health Code and Manual of Diagnostic Tests
and Vaccines for Terrestrial Animals.
(c) The OIE ((International)) Terrestrial Animal Health
Code can be found on the internet under OIE-((International))
Health Standards at:
http://www.oie.int/eng/normes/en_mcode.htm. The
((International)) Terrestrial Animal Health Code is available
in web format ((or)); a hard copy version may be ordered from
OIE. ((Exceptions to the above standards are as noted in
subsection (3) of this section.
(2) The following listed emergency diseases, suspected or confirmed, shall be reported immediately (by telephone or fax on day discovered) to the office of the state veterinarian whenever encountered among animals within the state:
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[Statutory Authority: RCW 16.36.010(1), [16.36.]040 and [16.36.]080(4). 00-06-064, § 16-70-010, filed 3/1/00, effective 4/1/00. Statutory Authority: RCW 16.36.096 and 16.36.040. 93-19-127 (Order 5011), § 16-70-010, filed 9/21/93, effective 10/22/93; Order 1005, Regulations 1-3, filed 7/22/66, effective 8/22/66; Order 655, Regulation 1, effective 5/19/53.]
(b) Any veterinarian or veterinary laboratory may
((also)) voluntarily report ((any)) to the office of the state
veterinarian other diseases ((of this nature on the monthly
disease report forms as he/she determines they are pertinent
to the purposes of the department and advantageous to disease
control in the state)) that are not on the OIE notifiable
disease list or not listed below.
(2) In addition to the diseases that are on the OIE notifiable disease list, the following diseases must be reported immediately to the office of the state veterinarian:
Beef measles (Teania saginata)
Chronic wasting disease in cervids (Transmissible Spongiform Encephalopathy)
Contagious ecthyma (Orf)
Hantavirus
Infectious Coryza in poultry (Hemophilus gallinarum)
Listeriosis
Low pathogenic avian influenza H5/H7
Lyme disease
Plague (Yersinia pestis)
Potomac horse fever (Erlichiosis)
Salmonellosis (any livestock species)
Scabies (any livestock species)
Shigella-toxin producing E. coli
Strangles in equine (Streptococcus equi)
[Statutory Authority: RCW 16.36.096 and 16.36.040. 93-19-127 (Order 5011), § 16-70-020, filed 9/21/93, effective 10/22/93; Order 1005, Regulation 4, filed 7/22/66, effective 8/22/66.]