WSR 07-21-152

PROPOSED RULES

DEPARTMENT OF AGRICULTURE


[ Filed October 24, 2007, 11:42 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-01-105.

Title of Rule and Other Identifying Information: Chapter 16-30 WAC, Restricted feedlots.

Hearing Location(s): Natural Resources Building, Second Floor, Conference Room #259, 1111 Washington Street S.E., Olympia, WA 98504, on November 30, 2007, at 9:00 a.m.

Date of Intended Adoption: December 14, 2007.

Submit Written Comments to: Teresa Norman, Rules Coordinator, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504, e-mail WSDARulesComments@agr.wa.gov, fax (360) 902-2092, by 5:00 p.m., December 3, 2007.

Assistance for Persons with Disabilities: Contact WSDA receptionist by November 21, 2007, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In order to control brucellosis, tuberculosis, and other communicable livestock diseases, the department is proposing to establish restricted holding facilities for dairy cattle entering Washington and to eliminate the Category II restricted feedlot.

Reasons Supporting Proposal: Eliminating the Category II restricted feedlot and establishing a restricted holding facility for dairy cattle entering Washington is necessary to control communicable livestock diseases and protect the health of Washington state cattle. These proposed changes are a part of the department's ongoing commitment to regulatory improvement under Executive Orders 06-02, 05-03, and 97-02.

Statutory Authority for Adoption: RCW 16.36.040, 16.36.050, and chapter 34.05 RCW.

Statute Being Implemented: RCW 16.36.040 and 16.36.050.

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

Name of Proponent: Department of agriculture (WSDA), governmental.

Name of Agency Personnel Responsible for Drafting: Paul Kohrs, DVM, Olympia, (360) 902-1835; Implementation and Enforcement: Leonard Eldridge, DVM, Olympia, (360) 902-1881.

No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.030(1) requires that WSDA prepare a small business economic impact statement (SBEIS) if proposed rules will impose more than minor costs on affected businesses or industry. The department has analyzed the economic effects of the proposed revisions and has concluded that they do not impose more than minor costs on small businesses in the regulated industry and, therefore, a formal SBEIS is not required.

A cost-benefit analysis is not required under RCW 34.05.328. The WSDA is not a listed agency under RCW 34.05.328 (5)(a)(i).

October 17, 2007

Leonard E. Eldridge, DVM

State Veterinarian

OTS-1128.4

Chapter 16-30 WAC

RESTRICTED FEEDLOTS AND RESTRICTED HOLDING FACILITIES


AMENDATORY SECTION(Amending WSR 99-14-032, filed 6/29/99, effective 7/30/99)

WAC 16-30-010   Definitions.   In addition to the definitions found in RCW 16.36.005, the following definitions apply to this chapter:

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

"Director" means the director of WSDA or the director's authorized representative.

"Restricted feedlot" means a dry feed yard ((where)) with no provision for grazing where specific categories of cattle ((not known to be exposed to brucellosis and not vaccinated against brucellosis are restricted to prevent their use for breeding purposes)) are confined for feeding for slaughter only and kept separate and apart from all other nonrestricted cattle.

"Restricted holding facility" means a dry feed yard with no provision for grazing where cattle are held to meet import test requirements.

[Statutory Authority: Chapter 16.36 RCW. 99-14-032, 16-30-010, filed 6/29/99, effective 7/30/99. Statutory Authority: RCW 16.36.040 and 16.36.050. 89-06-014 (Order 1995), 16-30-010, filed 2/23/89; 88-05-003 (Order 1964), 16-30-010, filed 2/5/88; Order 955, Regulation 1, filed 8/31/64; Order 851, Regulation 1, effective 7/19/61.]


AMENDATORY SECTION(Amending Order 1995, filed 2/23/89)

WAC 16-30-025   Restricted feedlots ((categories)).   ((There shall be Category I and Category II restricted feedlots.

(1) Category I restricted feedlots may, upon approval of the state veterinarian, buy and import cattle from feedlots in states classified "Class A" for brucellosis that may be under state quarantine if the feedlot does not contain reactors or has not had reactors for a minimum period of one hundred eighty days. Such cattle may move interstate if they are not test eligible without further restriction. Test eligible cattle which are not brucellosis exposed and from herds not known to be affected (state quarantined feedlots) may be moved interstate to Category I restricted feedlots if they are tested negative within thirty days prior to movement and are accompanied by a health certificate. Category I restricted feedlots may not import cattle from a state-federal quarantined feedlot.

(2) Category II restricted feedlots may not import cattle from any feedlot which is classified as a quarantined feedlot by another state. Category II restricted feedlots may sell cattle to Category I restricted feedlots but may not receive cattle from Category I feedlots.)) (1) A restricted feedlot is a designated area that is isolated from all other nonrestricted areas within a feedlot. Restricted feedlots must meet the following standards:

(a) Cattle in the lot must not share water or feeding facilities accessible to other areas.

(b) Restricted lots must be clearly identified as such by signs permanently affixed at all corners stating "restricted feeding area" in letters a minimum of six inches in height.

(c) There must be a minimum of twelve feet between restricted feedlots and other lots and facilities.

(d) No common fences and gates may be used.

(2) The purpose of a restricted feedlot is to accept for feeding purposes with no provision for grazing:

(a) Female cattle from a Class Free state that are not officially brucellosis vaccinated and not knowingly exposed to brucellosis;

(b) Cattle that enter Washington state on a brand certificate that includes the permit number and without a certificate of veterinary inspection; and

(c) Cattle imported from Canada. These cattle must be confined to the initial restricted feedlot until moved to slaughter.

(3)(a) Restricted feedlots may buy and import cattle from a Class A state if the cattle do not originate from a herd known to be exposed to brucellosis. Female cattle entering a restricted feedlot from a Class A state must be:

(i) Officially brucellosis vaccinated; or

(ii) Brucellosis tested negative within thirty days prior to movement.

(b) Cattle may not be imported from restricted feedlots that accept cattle known to be exposed to brucellosis.

(4) The classification of states and areas as Class Free and Class A is designated by United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS) in Title 9 CFR Part 78.41 (January 1, 2006) and in Brucellosis Eradication: Uniform Methods and Rules, effective October 1, 2003.

[Statutory Authority: RCW 16.36.040 and 16.36.050. 89-06-014 (Order 1995), 16-30-025, filed 2/23/89.]


AMENDATORY SECTION(Amending Order 1995, filed 2/23/89)

WAC 16-30-030   Conditions of permit to operate a restricted feedlot.   (((1))) The operator of a ((Category I)) restricted feedlot must abide by the following conditions:

(((a) That)) (1) There ((shall)) may be no contact ((with other)) between animals not also similarly ((and commonly)) restricted.

(((b) That)) (2) No ((animal, except steers and spayed heifers for temporary grazing purposes only, shall)) cattle, except for brucellosis vaccinated females, may be ((moved)) removed from the ((feed yard)) restricted feedlot except to a federally inspected slaughter plant ((or to a licensed public livestock market for immediate slaughter)) or a restricted feedlot of like status or to a licensed public livestock market where they will be marketed for immediate slaughter. Cattle that move from a restricted feedlot to a public livestock market must be identified with an "F" brand and remain in the slaughter channels. Female cattle that are calfhood vaccinated may be removed from the yard for breeding purposes only after negative brucellosis and tuberculosis testing and by permit from the director.

(((c) That)) (3) The yard will be maintained in a sanitary condition.

(((d) That)) (4) The department ((of agriculture)) will be notified immediately of any outbreak of any infectious or contagious disease.

(((e) That)) (5) The ((disposition)) disposal of dead ((animals)) livestock will be in accordance with the laws relating to the disposal of dead ((animals)) livestock and in accordance with chapter 16-25 WAC.

(((f) That)) (6) Accurate records will be kept accounting for all ((animals)) cattle entering and leaving the restricted feedlot.

(((2) The operator of a Category II restricted feedlot must abide by the following conditions:

(a) That there shall be no intermingling with other animals not also similarly and commonly restricted.

(b) That no animal shall be moved from the feed yard except to a federally inspected slaughter plant, to a licensed public livestock market for immediate slaughter, or to a feedlot of like status, except:

(i) Steers and spayed heifers which are unrestricted in movement.

(ii) Calves born in the feedlot which are unrestricted in movement.

(iii) Restricted cattle moved for temporary grazing purposes.

(c) Nonbrucellosis vaccinated females must be "F" branded when moved other than directly to slaughter or to another feedlot of like status.

(d) That the yard will be maintained in a sanitary condition.

(e) That the department of agriculture will be notified immediately of any outbreak of any reportable infectious or contagious disease.

(f) That the disposition of dead animals will be in accordance with the laws relating to the disposal of dead animals.

(g) That accurate records will be kept accounting for all animals entering and leaving the feedlot and open for review by authorized department of agriculture personnel during any normal business hours.

(h) That any bulls or brucellosis vaccinated females removed from the yard for any other than the above purposes must move by permit from the state veterinarian and on an official certificate of veterinary inspection prepared by an accredited veterinarian.)) (7) Proper facilities shall be provided for inspection of brands, branding, and identification of cattle.

[Statutory Authority: RCW 16.36.040 and 16.36.050. 89-06-014 (Order 1995), 16-30-030, filed 2/23/89; 88-05-003 (Order 1964), 16-30-030, filed 2/5/88. Statutory Authority: Chapter 16.36 RCW. 83-07-028 (Order 1790), 16-30-030, filed 3/14/83; Order 955, Regulation 3, filed 8/31/64; Order 851, Regulation 3, effective 7/19/61, but corrected for clerical error by filing dated 7/20/61.]


NEW SECTION
WAC 16-30-035   Restricted holding facilities.   (1) Restricted holding facilities are areas approved by the director. Such facilities are specifically for cattle that have been imported into the state but have not met the department's brucellosis and tuberculosis entry requirements.

(2) The restricted holding facility area shall house restricted cattle separate and apart from nonrestricted cattle.

(3) Upon negative brucellosis and tuberculosis test results, restricted cattle will be released from the holding facility.

(4) Milk from restricted cattle may not be used for human consumption.

(5) Restricted holding facilities must be clearly identified as such by signs permanently affixed at all corners stating "restricted holding facility" in letters a minimum of six inches in height.

[]


NEW SECTION
WAC 16-30-038   Conditions of permit to operate a restricted holding facility.   The operator of a restricted holding facility must abide by the following conditions:

(1) All cattle entering restricted holding facilities must have individual identification listed on the certificate of veterinary inspection.

(2) There may be no contact between cattle not also similarly restricted and no commingling between separate shipments of cattle.

(3) No cattle may be removed from the restricted holding facility until they meet state and federal import regulations.

(4) Cattle may be removed from the restricted holding facility without meeting state and federal import regulations if they are sent to a federally inspected slaughter plant.

(5) The yard will be maintained in a sanitary condition.

(6) The department of agriculture will be notified immediately of any outbreak of any infectious or contagious disease.

(7) The disposition of dead cattle will be in accordance with the laws relating to the disposal of dead livestock and in accordance with chapter 16-25 WAC.

(8) Accurate records will be kept to account for all cattle entering and leaving the feedlot. Records must be open for review by authorized department of agriculture personnel during normal business hours.

[]


NEW SECTION
WAC 16-30-039   Permit applications for a restricted feedlot or restricted holding facility.   (1) Application forms to establish a restricted feedlot or restricted holding facility may be obtained from:


Washington State Department of Agriculture

Animal Services Division

1111 Washington St. S.E.

P.O. Box 42577

Olympia, Washington 98504-2577

Phone: 360-902-1878.


(2) Applicants for restricted feedlots and restricted holding facilities must provide the following information on the application form:

(a) Name and address of applicant;

(b) Location of the restricted feedlot or restricted holding facility; and

(c) Drawing of the layout of the restricted feedlot or restricted holding facility.

[]


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

WAC 16-30-040   Expiration and revocation of restricted feedlot and restricted holding facility permits.   (1) All permits for restricted feedlots ((shall)) and holding facilities expire on the 30th day of June ((next subsequent to)) of the year following the date of issue ((and may be sooner revoked or suspended by the director of agriculture upon reasonable notice to the permittee for violations of the disease control or brand inspection laws of this state or any lawful regulations issued and promulgated by the director of agriculture under said laws. Any permittee shall have the right to request a hearing before a revocation is made permanent)). Restricted feedlots and holding facilities must be inspected annually upon renewal and at any other time as determined by the director.

(2) Any violation of chapter 16.36 RCW or any of the rules adopted under that chapter is sufficient cause for the suspension or revocation of any permit to operate a restricted feedlot or restricted holding facility. In all proceedings for suspension or revocation of a restricted feedlot or restricted holding facility permit, the owner or manager has the right to request a hearing before revocation is made permanent. Any action shall be taken under the provisions of chapter 34.05 RCW, the Administrative Procedure Act.

[Statutory Authority: RCW 16.36.040 and 16.36.050. 88-05-003 (Order 1964), 16-30-040, filed 2/5/88; Order 955, Regulation 4, filed 8/31/64; Order 851, Regulation 4, effective 7/19/61.]


AMENDATORY SECTION(Amending Order 1995, filed 2/23/89)

WAC 16-30-050   Brands.   Before a permit is issued for a restricted feedlot the operator or owner must have an "F" brand and number recorded with the state department of agriculture ((an "F" brand number to be used exclusively by said operator)). Such a brand ((shall)) consists of the letter "F" followed by ((a)) an assigned number ((assigned by said department)) and is to be used only by the restricted feedlot to which it is recorded.

[Statutory Authority: RCW 16.36.040 and 16.36.050. 89-06-014 (Order 1995), 16-30-050, filed 2/23/89; 88-05-003 (Order 1964), 16-30-050, filed 2/5/88; Order 955, Regulation 5, filed 8/31/64; Order 851, Regulation 5, effective 7/19/61.]


AMENDATORY SECTION(Amending Order 1995, filed 2/23/89)

WAC 16-30-060   Brand time.   For the purpose of proper identification, all cattle((, except steers and spayed heifers, arriving at a Category I)) moving from a restricted feedlot to a public livestock market must be "F" branded ((with the aforementioned "F" brand within forty-eight hours after arrival. Use of such brands on steers and properly identified spayed heifers shall be optional)).

[Statutory Authority: RCW 16.36.040 and 16.36.050. 89-06-014 (Order 1995), 16-30-060, filed 2/23/89; 88-05-003 (Order 1964), 16-30-060, filed 2/5/88; Order 955, Regulation 6, filed 8/31/64; Order 851, Regulation 6, effective 7/19/61.]


AMENDATORY SECTION(Amending Order 1995, filed 2/23/89)

WAC 16-30-070   Place of brand.   (1) The aforementioned "F" brand shall be placed immediately behind the shoulder and high on the back. In the event a brand is already situated there, the feedlot brand may be placed directly in front of or below the existing brand, but must not deface the existing brand((: Provided, The restricted feedlot operators or owners who now place their duly recorded "F" brands in the area between the point of the shoulder and the jaw shall continue to so brand, or they may apply to the registrar of brands, department of agriculture, to change the position to which their brand is affixed to the new position without charge)).

(2) Restricted feedlots may apply for an "F" series brand from the department at the following address:


Brand Registrar

Washington State Department of Agriculture

P.O. Box 42577

Olympia, WA 98504-2577

Phone: 360-725-5505.

[Statutory Authority: RCW 16.36.040 and 16.36.050. 89-06-014 (Order 1995), 16-30-070, filed 2/23/89; 88-05-003 (Order 1964), 16-30-070, filed 2/5/88; Order 955, Regulation 7, filed 8/31/64; Order 851, Regulation 7, effective 7/19/61.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 16-30-020 Permit applications.
WAC 16-30-080 Lot size.
WAC 16-30-090 Feedlot requirements.

Washington State Code Reviser's Office