PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 06-16-090.
Title of Rule and Other Identifying Information: Chapter 16-610 WAC, Livestock inspection and identification, this chapter deals with the inspection and identification of livestock.
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, 2007, 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, e-mail WSDARulesComments@agr.wa.gov, fax (360) 902-2092, by 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 proposes to amend WAC 16-610-005, 16-610-010, 16-610-012, 16-610-013, 16-610-015, 16-610-016, 16-610-018, 16-610-020, 16-610-025, 16-610-035, 16-610-045, 16-610-050, 16-610-055, 16-610-060, 16-610-062, 16-610-065, 16-610-070, 16-610-075, 16-610-080, 16-610-085, 16-610-100, 16-610-115, 16-610-120, 16-610-122, 16-610-125, 16-610-130, 16-610-135, 16-610-140, and 16-610-145 to clarify and consolidate requirements, to make the language clear and usable, to amend fees for livestock inspection, and to include rules for open consignment horse sales.
Propose new WAC 16-610-095 Penalty schedule for notices of infraction.
Repeal WAC 16-610-011, 16-610-090, 16-610-092, 16-610-094, 16-610-105, 16-610-110, and 16-610-124. These sections will be consolidated with the amended sections listed above.
Reasons Supporting Proposal: The proposal to amend chapter 16-610 WAC is in response to a change in state law enacted by the legislature (ESB 6376). The proposal will amend fees for livestock inspections so that they match those set in statute, and will provide for the self-inspection of up to twenty-five head of cattle. On the advice of the assistant attorney general and the officer of the courts, we propose to include a civil infraction schedule for violations of chapter 16.57 RCW in order to allow the department to pursue penalties for illegal actions. In addition, rules regarding open consignment horse sales are needed to specify when and where these types of sales can be held.
Statutory Authority for Adoption: Chapters 16.57, 16.58, 16.65, and 34.05 RCW.
Statute Being Implemented: Chapters 16.57, 16.58, 16.65, and 34.05 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state department of agriculture, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Leslie Alexander, 5412 Birch Road, Pasco, WA 99301, (509) 543-7383.
No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no significant 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-9365.1
AMENDATORY SECTION(Amending WSR 04-01-171, filed 12/23/03,
effective 1/23/04)
WAC 16-610-005
((What)) Definitions ((are important to
this chapter?)).
In addition to the definitions found in RCW 16.57.010, 16.58.020, and 16.65.010, the following definitions
apply to this chapter:
"Association of livestock breeders" means any properly incorporated association whose membership is made up of livestock breeders.
(("Brand" means a permanent firebrand, or any artificial
mark, other than an individual identification symbol, that is
approved by the director and is used with a brand or by
itself.
"Livestock inspection" means examining livestock or livestock hides for brands or any other means of identifying livestock or livestock hides including the examination of any documents providing evidence of ownership.
"Certificate of permit" or "transportation permit" means a department form which, when completed by the livestock owner, or a person authorized to act as his/her agent, serves as a declaration of ownership. The form must not be used as a bill of sale for cattle. This form must accompany livestock:
(1) In transit;
(2) Consigned to a public livestock market, special sale, or livestock processing facility; or
(3) Upon entry into a certified feedlot.
"Collection point" means a livestock inspection point, designated by the Washington state beef commission, for the purpose of collecting beef commission assessment payments directly from cattle producers and remitting those assessments to the Washington state beef commission.
"Department" means the Washington state department of agriculture.
"Director" means the director of the department or the director's designated representative.)) "Beef commission assessment point" means a person or business, as designated by the Washington state beef commission, required to collect and submit the mandatory per-head beef promotional fees directly to the commission when the sale of cattle occurs.
"Beef promotion fee" means the mandatory state and/or federal beef commission assessment fee under RCW 16.67.120 and 16.67.122 that is collected on each head of cattle at the time of sale.
"Farmers cooperative association" means any cooperative
association of livestock producers. (("))Farmers cooperative
association((")) does not include livestock youth
organizations such as 4-H, FFA, or other junior livestock
groups.
(("Individual identification symbol" means a
department-approved permanent mark placed on the neck of a
horse for the purpose of individually identifying and
registering the horse.
"Inspection certificate" means a certificate issued by the director or a veterinarian certified by the director that documents animal ownership based on a visual inspection of the animal. An inspection certificate includes an individual identification certificate.
"Licensee" means any person licensed to operate a market under chapter 16.65 RCW.
"Livestock" means all cattle, horses, burros, mules, sheep, swine, and goats of any species, breed or age.
"Lot" means a group of livestock owned by one owner.)) "Livestock heritage brand" means a designation given to a brand that has been deactivated by the recorded owner. A heritage brand may not be applied to livestock.
"Market" means a public livestock market as defined in RCW 16.65.010(1).
(("Person" means any natural person, individual, firm,
partnership, corporation, company, society, or association,
and every officer, agent or employee thereof. Depending upon
the context in which it is used, "person" may have a singular
or plural meaning.
"Production brand" means a number brand that is used only for production identification purposes.
"Purchase invoice" means the invoice issued by a public livestock market to the purchaser of livestock consigned to the market.
"Self-inspection" means an ownership verification inspection conducted solely by the buyer and seller of cattle, without the benefit of the director. Self-inspection is limited to fifteen head or less of cattle.
"Self-inspection certificate" means a department form that is used when cattle are inspected by their purchaser and seller. The purchaser and seller must sign the self-inspection certificate. The purpose of the self-inspection certificate is to document that self-inspection has occurred.))
"Special sale" means a public sale conducted by ((a
producer)) an individual, youth organization, livestock
breeders association, or farmers cooperative association((,
etc.,)) on a seasonal or occasional basis. ((A livestock
market may also conduct a special sale on sale days not
specifically assigned to it when its original application was
filed with the director. "Special sale" does not mean a
public sale by a group of individuals conducting private
treaty sales of horses brought to a central location, provided
that the:
(1) Funds are not handled by a third party; and
(2) Buyer meets the inspection requirements contained in RCW 16.57.260.)) "USDA" means the United States Department of Agriculture.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-005, filed 12/23/03, effective 1/23/04.]
LIVESTOCK IDENTIFICATION ADVISORY BOARD(a) Livestock identification programs administered under chapter 16.57 RCW and these rules;
(b) Inspection fees; and
(c) Related licensing fees.
(2) The board is appointed by the director and is
composed of six members ((appointed by the director))
representing beef producers, public livestock market
operators, horse owners, dairy farmers, cattle feeders, and
meat processors. The director is an ex officio member of the
advisory board.
(3) The board must elect a member to serve as board chair. The board chair, or the chair's designee, is responsible for organizing and conducting board meetings.
(4) The board must meet with the director at least once a year to offer its advice. Additional meetings may be held at the request of the director or a majority of the board's membership.
(5) Livestock identification advisory board members must be residents of the state of Washington and actively engaged in the industry they represent.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-010, filed 12/23/03, effective 1/23/04.]
(2) 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.
| (( |
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-012, filed 12/23/03, effective 1/23/04.]
(2) The director may fill, for the unexpired portion of a term, vacancies that occur before a term expires. When such vacancies occur, advisory board members and the presidents of affected statewide industry groups may submit names to the director for consideration.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-013, filed 12/23/03, effective 1/23/04.]
GENERAL PROVISIONS(a) Certificate of permit (WSDA form #7020);
(b) Livestock inspection certificate; and
(c) Self-inspection certificate (WSDA form #7059 or #7065).
(2))) (1) A certificate of permit (WSDA form #7020), commonly known as a "transportation permit" or a "haul slip," must accompany livestock:
(a) In transit (cattle);
(b) Consigned to a public livestock market, special sale, or livestock processing facility; or
(c) Upon entry into a certified feedlot (cattle).
(2) The certificate of permit may not be used as a bill of sale for cattle.
(3) A certificate of permit may be purchased by contacting the department at 360-902-1855. The price is $1.00 for a book of twenty-five.
(4) The ((official forms)) certificate of permit must
include:
(a) Owner's name and address;
(b) Livestock breed;
(c) Sex of the animal;
(d) Brand or other methods of livestock identification; and
(e) Any other information((, which)) that the director
considers necessary.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-015, filed 12/23/03, effective 1/23/04.]
(2) You may purchase these forms by contacting the
department at((:)) 360-902-1855.
(((2)(a) The purchase price of a certificate of permit is
one dollar for a book of twenty-five.
(b))) The purchase price of a self-inspection certificate is equal to the sum of the number of head involved in the transaction multiplied by the current inspection fee of $1.60 and the number of head involved in the transaction multiplied by the beef promotion fee.
(3)(a) Self-inspection certificates must be completed and signed by the buyer and seller. The original completed copy of the certificate must be given to the buyer and must accompany the cattle. The seller must also retain a copy of the completed certificate.
(b) Self-inspection is limited to transactions involving twenty-five head or less of cattle.
(c) The buyer must be given proof of ownership for all cattle bearing brands not recorded to the seller.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-016, filed 12/23/03, effective 1/23/04.]
(a) An official livestock inspection certificate issued by the director.
(b) A duplicate certificate or certified copy of an original inspection document issued by the director.
(c) For cattle only, a self-inspection certificate
(((cattle only))) signed by both the seller and the buyer. Additional proof of ownership ((must be provided to the
buyer)) for all livestock bearing brands not recorded to the
seller must be provided to the buyer.
(d) An official inspection certificate issued by another
((inspection)) state or province that maintains a livestock
inspection program.
(e) Registration papers on purebred horses.
(f) Registration papers on purebred cattle ((provided))
if the brand is not recorded in this state.
(g) For horses only, a bill of sale (((horses only))).
Department form #7092 Equine Bill of Sale may be used and may
be purchased by contacting the department at 360-902-1855.
The purchase price of an Equine Bill of Sale is $1.00 for a
book of twenty-five.
(h) ((Health papers issued by a nonbrand state.)) A
certificate of veterinary inspection issued by a state that
does not maintain a livestock inspection program.
Vaccination/test tags and the animal description must be
verifiable and match the document.
(((i) A statement declaring that the animal was raised
and not purchased.))
(2) ((The director will)) Only ((accept)) original
inspection certificates, official duplicate certificates, or
certified copies of inspection certificates are acceptable. ((The director will not accept)) Carbon copies, faxed copies
or photocopies will not be accepted. The name of the
livestock owner must appear on the document that is submitted.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-018, filed 12/23/03, effective 1/23/04.]
(a) Before being moved ((out-of-state)) out of Washington
state, unless the provisions of WAC 16-610-035(2) apply.
(b) When offered for sale at any public livestock market or special sale approved by the director.
(c) Upon delivery to any cattle processing plant where the United States Department of Agriculture maintains a meat inspection program, unless the cattle:
(i) Originate from a certified feedlot; or
(ii) Are accompanied by an inspection certificate issued
by the director, or a veterinarian certified by the director,
or ((any other)) an agency ((authorized)) in ((any other))
another state or ((any)) Canadian province authorized by law
to issue such a certificate.
(2) All cattle((,)) entering or reentering (((but before
commingling with other cattle))) any certified feed lot
licensed under chapter 16.58 RCW((,)) must be inspected for
brands or other proof of ownership before commingling with
other cattle unless the cattle are accompanied by an
inspection certificate issued by the director, or a
veterinarian certified by the director, or ((any other)) an
agency ((authorized)) in ((any other)) another state or
((any)) Canadian province authorized by law to issue such a
certificate.
(3) All cattle must 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, ((subject to title passing, when an intended
purchaser or private agent takes possession,)) except for
individual((:
(a))) private sales of unbranded female dairy breed
cattle involving fifteen head or less((; or
(b) Sales of unbranded dairy breed calves under thirty days of age provided the seller holds a Grade A dairy permit issued by the director)).
(4) Exemptions from mandatory inspections do not exempt
cattle sellers from paying ((assessments they owe)) beef
promotion fees owed to the Washington state beef commission
under chapter 16.67 RCW.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-020, filed 12/23/03, effective 1/23/04.]
(1) Before being moved ((out-of-state)) out of Washington
state, unless the provisions of WAC 16-610-035 apply.
(2) When offered for sale at any public livestock market or special sale approved by the director.
(3) When offered for sale at any special open consignment horse sale as defined in RCW 16.65.010.
(4) ((When offered for sale at any special sale where
horses of more than one owner are offered for sale on an
occasional and seasonal basis by public auction.)) At any
special sale where horses of more than one owner are offered
for sale.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-025, filed 12/23/03, effective 1/23/04.]
(2) Exceptions:
(a) Cattle and horses may be moved ((out-of-state)) out
of Washington state without inspection when they are destined
for a public livestock market ((or a livestock processing
plant)) in another state where brand inspection is performed
by ((the director)) Washington state department of agriculture
inspectors or an agent according to an agreement with the
other state.
(b) Cattle and horses moving ((out-of-state)) out of
Washington state to public livestock markets ((or livestock
processing plants described in subsection (2)(a) of this
section)) must be accompanied by a certificate of permit
showing that the livestock are destined for and are being
transported directly to the designated out-of-state inspection
point. The certificate of permit is not valid for
transportation to any point other than the designated
inspection point.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-035, filed 12/23/03, effective 1/23/04.]
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-045, filed 12/23/03, effective 1/23/04.]
(((a))) (1) The director; or
(((b))) (2) Veterinarians certified by the director; or
(((c))) (3) The buyer and seller using a self-inspection
certificate.
(((2) Inspections of cattle required under WAC 16-610-020(3) that are conducted by the buyer and seller must
be documented using a self-inspection certificate.
Self-inspection is limited to transactions involving fifteen
head or less of cattle.
(a) Self-inspection certificates must be completed and signed by the buyer and seller. The original completed copy of the certificate must be given to the buyer and must accompany the cattle. The seller must also retain a copy of the completed certificate.
(b) The buyer must be given proof of ownership for all cattle bearing brands not recorded to the seller.
(c) The cost of self-inspection certificates includes the current inspection fee and the current assessment for the National Beef Promotion and Research Act.
(d) The director will remit all assessments collected from self-inspections to the Washington state beef commission.))
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-050, filed 12/23/03, effective 1/23/04.]
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-055, filed 12/23/03, effective 1/23/04.]
VETERINARIAN CERTIFICATION (2) Veterinarians licensed and accredited in Washington
state ((that)) who wish to issue inspection certificates for
livestock must apply for certification on the department's
application form (WSDA form #7028). The application must
include the following:
(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 issue inspection certificates for livestock;
(d) A statement describing the applicant's experience with large animals, especially cattle and horses;
(e) A brief statement indicating ((if)) that the
applicant is requesting certification to issue inspection
certificates for cattle, horses or both;
(f) The signature of the applicant; and
(g) Any other ((reasonable)) additional information as
requested by the director ((needs to achieve the purpose of
this chapter)).
(3) All applications must be accompanied by a check or
money order for the amount of the certification fee((.
(4) The certification fee is)) of thirty-five dollars per applicant.
(((5))) (4) Certifications expire on the third December
31st following the date of issuance. For example, if ((your))
a certificate was issued on October 14, 2003, it would expire
on December 31, 2005.
(((6))) (5) All veterinarians applying for certification
must complete department-provided training. The department
will provide((,)) to each person ((certified,)) applying for
certification a copy of the most current brand book and any
supplements issued to date. Training will include, but will
not be limited to, the:
(a) Reading of printed brands;
(b) Reading of brands or other marks on live animals;
(c) Completion of official documents; and
(d) Review of satisfactory ownership documents.
(((7))) (6) The director will maintain a list of
veterinarians certified to perform livestock inspections. Interested parties may request a copy of the list from the
((director)) department by calling 360-902-1855 ((or by
accessing the department's web site)).
(((8))) (7) Inspections by certified veterinarians are
conducted upon request and provided at the discretion of the
veterinarian.
(((9))) (8) Certified veterinarians must submit all
required inspection fees to the director ((with)) and copies
of each inspection certificate ((issued)) within thirty days
of the date of issue.
| (( |
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-060, filed 12/23/03, effective 1/23/04.]
(((1) Makes false or inaccurate statements on an
application regarding their qualifications.
(2))) (a) Makes or acquiesces in false or inaccurate statements on livestock inspection certificates regarding:
(((a))) (i) The date or location of the inspection;
(((b))) (ii) The marks or brands on the livestock
inspected;
(((c))) (iii) The owner's name; or
(((d))) (iv) Any other statement ((material to)) about
the livestock inspected.
(((3))) (b) Fails to properly verify the ownership status
of the animal before issuing an inspection certificate.
(c) Issues an inspection certificate without actually conducting an inspection of the livestock.
(d) Fails to submit inspection fees and certificates issued to the director within thirty days from the date of issue.
(2) Actions under this section will be taken in accordance with chapter 34.05 RCW.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-062, filed 12/23/03, effective 1/23/04.]
FEESFor purposes of this section, the time and mileage fee means seventeen dollars per hour and the current mileage rate set by the office of financial management.
| (( |
|
| Certificate | Fees: |
| Inspection Certificate - Cattle | (1) The livestock inspection fee for cattle is $1.60 per head or the time and mileage fee, whichever is greater, except: |
| The fee for livestock inspection for cattle is $1.10 per head or the time and mileage fee, whichever is greater, when cattle are identified with: | |
| (a) A valid brand recorded to the owner of the cattle in Washington or another state or province; or | |
| (b) A USDA-approved RFID (radio frequency identification device) ear tag if a premises registration number has been issued to the owner of the cattle. | |
| (i) This fee does not apply for inspection of cattle when documenting a change of ownership with a self-inspection certificate. | |
| (ii) Proof of the recording status of out-of-state brands must be presented to the director at the time of inspection. | |
| (2) The livestock inspection fee for cattle is $4.00 per head for cattle delivered to a USDA inspected slaughter facility with a daily capacity of no more than five hundred head of cattle. | |
| (3) No inspection fee is charged for a calf that is inspected prior to moving out-of-state under an official temporary grazing permit if the calf is part of a cow-calf unit and the calf is identified with: | |
| (a) The owner's Washington state-recorded brand; or | |
| (b) A USDA-approved RFID (radio frequency identification device) ear tag if a premises registration number has been issued to the owner of the cattle. | |
| (4) No inspection fee is charged for a dairy calf less than thirty days old that is delivered to a USDA inspected slaughter facility. | |
| Inspection Certificate - Horse | (5) The livestock inspection fee for horses is $3.50 per head or the time and mileage rate, whichever is greater, except: |
| Inspection Certificate - Groups of thirty or more horses | (6) The livestock inspection fee for groups of thirty or more horses is $2.00 per head or the time and mileage fee, whichever is greater, if: |
| (a) The horses are owned by one individual; and | |
| (b) The inspection is performed on one date and at one location; and | |
| (c) Only one certificate is issued. | |
| Inspection Certificate - Minimum fee | (7) The minimum fee for a livestock inspection is $5.00. The minimum fee does not apply to livestock consigned to and inspected at a public livestock market, special sale, or a cattle processing plant. |
| Annual individual identification certificate for individual animals | (8)(a) The livestock inspection fee for an annual individual identification certificate for cattle and horses is $20.00 per head or the time and mileage fee, whichever is greater. |
| (b) The livestock inspection fee for an annual individual identification certificate for groups of thirty or more horses or cattle is $5.00 per head or the time and mileage fee, whichever is greater, if: | |
| (i) The horses or cattle are owned by one individual; | |
| (ii) The inspection is performed on one date and at one location; and | |
| (iii) Only one certificate is issued. | |
| Lifetime individual identification certificate | (9) A livestock inspection fee for a lifetime individual identification certificate for horses and cattle is $60.00 per head or the time and mileage fee, whichever is greater. |
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-065, filed 12/23/03, effective 1/23/04.]
BRANDS| (( |
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-070, filed 12/23/03, effective 1/23/04.]
(2) The owner of a recorded brand may record the brand as a livestock heritage brand during any designated renewal period.
(a) The fee to record a livestock heritage brand is six hundred dollars.
(b) A livestock heritage brand is recorded for a period of twenty years.
(c) Livestock heritage brands are listed in a separate section of the WSDA brand book.
(d) A livestock heritage brand is considered inactive and may not be applied to livestock.
(3) The owner of a livestock heritage brand may reactivate the brand at any time upon written notification to the director.
(a) The owner of a reactivated livestock heritage brand shall not be required to submit renewal fees during the remainder of the original twenty-year period as long as the recorded ownership of the brand does not change.
(b) If the owner of the reactivated brand changes the ownership status (adds, deletes, or transfers ownership to another), the brand will automatically be due for renewal at the end of the current four-year recording period.
[]
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-080, filed 12/23/03, effective 1/23/04.]
(2) Forms to record a brand may be obtained from the director.
(3) The director will not charge a fee to record a production brand if the person recording the brand has already paid to record an ownership brand.
(4) Production brands are not recognized for ownership purposes, recorded for ownership purposes, or accepted for livestock inspection purposes.
(5) Dairy cattle: Owners may use any digit or
combination of digits as a production brand to identify their
dairy cattle as long as the brand is located ((either)) on the
neck or between the hock and the stifle of a hind leg.
(6) Beef cattle: Owners may use a production brand to identify beef cattle but only when the cattle also bear a brand that is currently recorded to the owner of the animal.
(a) On beef cattle, production brands may be located on either side of the animal on the shoulder or hip.
(b) Any numeral digit or combination of digits may be used for a beef cattle production brand as long as they do not conflict with currently recorded ownership brands.
(7) Only Arabic numerals can be used for production brands.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-085, filed 12/23/03, effective 1/23/04.]
PENALTIES(2) The following infractions have the base penalty listed, not including statutory assessments.
Civil Infraction Schedule for Violations of Chapter 16.57 RCW
| Violation | Base Penalty |
| RCW 16.57.260 | Removal of cattle and horses from Washington state without an inspection certificate. |
| First offense | $100.00 |
| 2nd offense within three years | $150.00 |
| 3rd offense within three years | $250.00 |
| RCW 16.57.267 | Failing to present an animal for mandatory inspection. |
| First offense | $100.00 |
| 2nd offense within three years | $150.00 |
| 3rd offense within three years | $250.00 |
| RCW 16.57.270 | Refusing to assist in establishing ownership and identity. |
| First offense | $100.00 |
| 2nd offense within three years | $150.00 |
| 3rd offense within three years | $250.00 |
| RCW 16.57.350 | Interfering with the director in the performance of livestock identification duties. |
| First offense | $100.00 |
| 2nd offense within three years | $150.00 |
| 3rd offense within three years | $250.00 |
| RCW 16.57.050 | Using an unrecorded brand. |
| Each offense | $37.00 |
| RCW 16.57.243 | Moving cattle without proof of ownership. |
| Each offense | $37.00 |
| RCW 16.57.275 | Transporting a carcass without proof of ownership. |
| Each offense | $37.00 |
| RCW 16.57.277 | Failing to attach custom slaughter tags. |
| Each offense | $37.00 |
| RCW 16.57.410 | Acting as a registering agency without a permit. |
| Each offense | $37.00 |
[]
CUSTOM SLAUGHTERING (2) Any person licensed as a custom slaughterer must
complete and attach a custom slaughter beef tag to each of the
four quarters of all slaughtered cattle ((they handle. These)) that are handled. In order to identify the owner of
the carcass, these tags must remain attached to the quarters
until the carcass is processed and the quarters are cut and
wrapped.
(((2) The purpose of attaching the beef tag to the
carcass is to identify the owner of the carcass while the
carcass is being processed.))
(3) Only the department may provide custom slaughter beef
tags to custom ((slaughters)) slaughterers. The fee for each
set of four custom slaughter beef tags is one dollar and fifty
cents.
(4)(a) Custom meat facilities may accept carcasses of cattle slaughtered by the cattle owner only if a certificate of permit, signed by the owner, accompanies the carcass.
(b) Without a certificate of permit signed by the owner, custom meat facilities can only accept carcasses from mobile or fixed location custom farm slaughterers or officially inspected slaughter plants.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-100, filed 12/23/03, effective 1/23/04.]
CERTIFIED FEEDLOTS (b) The applicable fee for this inspection of cattle is
((set)) found in ((RCW 16.57.220)) WAC 16-610-065.
(2) If a certified feedlot license is not renewed, all
cattle in the feedlot inventory are subject to the inspection
requirements for ((noncertified)) feedlots without a
certification.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-115, filed 12/23/03, effective 1/23/04.]
PUBLIC LIVESTOCK MARKETS(2) Identification must be done under the supervision of the director and may occur either before or at the time the animals are inspected.
(3) Acceptable methods of identification are((:
(a) Placing)) a USDA-approved numbered back tag placed on
each animal((;)) or
(((b) Using)) some other ((director-approved method of
identification to identify each animal)) method of
identification that is approved by USDA. Tags must be placed
in numerical order.
(4) The licensee is responsible for moving, confining,
and/or restraining livestock as needed to ((insure that))
allow for a complete inspection ((can be performed)).
(5) The director may exempt certain ((lots)) groups of
one-brand or no-brand cattle under the same ownership from the
individual identification requirements of this
section((provided)) if the integrity of the inspection process
can be maintained.
(6) It is the responsibility of the licensee or consignor to present livestock to the director so an inspection can be performed.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-120, filed 12/23/03, effective 1/23/04.]
(a) Obtain a livestock inspection clearance from the director for the cattle or horses being removed; and
(b) Issue a release to the person wishing to remove the cattle or horses.
(2) ((If stamped by the director, the purchase invoice,
with specific livestock identification information drawn and
written on it can serve as an inspection clearance document
provided the animals listed are unbranded and will not be
shipped to an out-of-state destination. It is the director's
responsibility to:
(a) Add the livestock identification information to the purchase invoices; and
(b) Ensure its accuracy.
(3) At the request of the purchaser, a livestock inspection certificate will be issued in lieu of a stamped purchase invoice at no additional cost.)) Cattle and horses that have been offered for sale at a public livestock market but did not sell, will not be assessed an additional inspection fee upon reconsignment if:
(a) The reconsignment occurs within eight days of the original sale;
(b) The animals are reconsigned to the original sale facility;
(c) The animals have not been removed from the original sale facility before reconsignment;
(d) The animals have not been commingled with other animals; and
(e) No animals have been added or removed from the group.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-122, filed 12/23/03, effective 1/23/04.]
(1) Include a chute that is constructed according to the following specifications:
(a) Constructed with a solid base on each side of
sufficient strength to contain cattle and horses. The base
must be at least twenty-four but not more than thirty-six
inches in height((, but no more than thirty-six inches in
height)).
(b) Above the base on each side, the chute must have wire cables extended along its entire length. The cables must be separated by six-inch intervals and must extend vertically to a height of at least six feet.
(c) ((For support and to ensure that the cables are
maintained in a tight condition, the cables must be attached
to a vertical post every sixteen feet that is alternated with
a pipe or stay every eight feet.)) The cables must be attached
every sixteen feet to a vertical post that is alternated with
a pipe or stay every eight feet to provide support and to keep
the cables tight.
(d) The chute must be well lit by shop, spot, or floodlights. These lights must be located on both sides of the chute at a height of five feet above the highest cable. Beginning at the head of the chute, this lighting must extend along three-fourths of the length of the chute.
(2) Electrical outlets must be available at all chutes so clippers can be conveniently used.
(3) Inspection areas must be well covered by adequate roofing and kept free of any water leaks or water build-up of any kind.
(4) Inspection areas must incorporate a work area for livestock inspectors on each side of the chute. The work area must:
(a) Provide an inspector with at least thirty inches of workspace along the entire length of the chute; and
(b) Be enclosed by fencing or some other
((permanent-type)) permanent structure that protects
inspectors while cattle and horses are unloaded and moved
along the chute.
(5) Inspection areas must include an office. The office must:
(a) Be constructed according to dimensions of at least eight feet by ten feet;
(b) Contain adequate heating; and
(c) Be equipped with a counter built at a standing work level height and with a width of approximately eighteen inches.
(6) The licensee shall provide sufficient indoor office space as needed in order for the director to process and distribute inspection documents to the buyer.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-125, filed 12/23/03, effective 1/23/04.]
(a) All scales that are inaccessible to a test truck must be accessible by a convenient, unobstructed, hard-surfaced approach ramp or walkway that connects with the scale deck at the scale deck level; and
(b) All doors and passageways leading to the scale must have a minimum width of six feet.
(2) Preferably, scale decks should be constructed using reinforced concrete with "Z" bar coping. If cleats are used that are more than three-fourths inch in thickness, they must be:
(a) Hinged; or
(b) Readily removable; or
(c) Accompanied by a satisfactory covering to allow for proper testing.
(3) All stock racks must be securely fastened to the
scale deck. There must be a minimum clearance of three inches
between the rack and the surrounding ((dead)) stationary
construction.
(4) Adequate space and visibility must be provided around scales so that interested parties may observe the weighing operation.
(5) All dial scales used by the licensee must be:
(a) Readily visible to all interested parties; and
(b) Equipped with a mechanical weight recorder.
(6) All beam scales used by the licensee must be equipped with a balance indicator, a weigh beam, and a mechanical weight recorder. The balance indicator, weigh beam, and mechanical weight recorder must be readily visible to all interested parties.
(7)(a) The pit and foundation beneath the scale deck must be constructed in a singular, uniform and massively solid way.
(b) Coping iron is required on all corners adjacent to the deck.
(c) The pit must be six feet in depth, dry and readily accessible for inspection. When conditions are sufficiently adverse, the director may allow exceptions to this six-foot depth requirement. However, a minimum of two feet clearance between the lowest scale lever and the pit floor must always be provided.
(d) To insure safe and accurate inspections, sufficient electrical lighting must be provided in the inspection facility, especially around the chute and scales and in the pit beneath the scale deck.
(8) The recording element must be adequately housed for protection against wind and weather.
(9) Scales are not required at markets only licensed to handle horses and mules unless these animals are sold by weight. When these animals are sold by weight, the scale requirements of this section apply.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-130, filed 12/23/03, effective 1/23/04.]
(2) Any change or revocation of an allocated sale day must be considered in an administrative hearing conducted according to the provisions of chapter 34.05 RCW.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-135, filed 12/23/03, effective 1/23/04.]
(2) ((Application for approval of a special sale must be
made at least fifteen days in advance of the proposed sale.
The application must contain the following:
(a) Name, address, and contact number of the applicant;
(b) Type of applicant: Producer, livestock market or association;
(c) Name of sale and/or event;
(d) Type and number of livestock expected to be sold;
(e) Date, time, and location of the sale;
(f) Name and the contact number of the veterinarian who will be providing animal health services; and
(g) Signature of the applicant.
(3) Special sales and open consignment horse sales are limited to three sales per month per applicant in any location, as long as all requirements are met and the proper permits and license have been obtained.
(4) "Special sale" does not mean a public sale by a group of individuals conducting private treaty sales of horses brought to a central location if:
(a) Funds are not handled by a third party; and
(b) The buyer meets the inspection requirements contained in RCW 16.57.260.
(5) Application for approval of a special sale or open consignment horse sale must be made at least fifteen days in advance of the proposed sale.
(6) The application for a special sale or open consignment horse sale must be made on forms provided by the director and must contain the following:
(a) Name, address, and contact number of the applicant;
(b) Type of applicant: Producer, livestock market, or association;
(c) Name of sale and/or event;
(d) Type and number of livestock expected to be sold;
(e) Date, time, and location of the sale;
(f) Name and contact number of the veterinarian who will be providing animal health services; and
(g) The signature of the applicant.
(7) In addition to the requirements in subsections (5) and (6) of this section, the application for an open consignment horse sale must also provide the director with the following:
(a) A detailed statement showing all of the assets and liabilities of the applicant;
(b) A schedule of rates and charges that the applicant will impose on the seller or consignor, including the entry fee, commission, pass out (no sale) fees, stabling, etc.;
(c) Verification of custodial account, as per RCW 16.65.140;
(d) Written evidence of valid bond, as per RCW 16.65.232; and
(e) The projected approximate value of the horses to be handled.
(8) The director charges a special sale application fee
of fifty dollars, which is specified in RCW 16.65.420, and an
open consignment horse sale license fee of one hundred
dollars, as specified in RCW 16.65.042. ((Special sale))
Applications will not be processed until the application fee
is paid. There is no application fee for youth livestock
organizations.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-140, filed 12/23/03, effective 1/23/04.]
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. 04-01-171, § 16-610-145, filed 12/23/03, effective 1/23/04.]
The following sections of the Washington Administrative Code are repealed:
| WAC 16-610-011 | Who can serve on the livestock identification advisory board? |
| WAC 16-610-090 | Can production brands be used to identify beef cattle? |
| WAC 16-610-092 | What style of numbers must be used for production brands? |
| WAC 16-610-094 | Are production brands recorded with the director? |
| WAC 16-610-105 | Are certificates of permit required for custom slaughtered cattle? |
| WAC 16-610-110 | Can a custom meat facility accept carcasses of cattle slaughtered by the cattle owner? |
| WAC 16-610-124 | What if cattle and horses consigned to a public livestock market are not sold? |