WSR 07-21-153



[ Filed October 24, 2007, 11:43 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-18-039.

Title of Rule and Other Identifying Information: Chapter 16-59 WAC, Importation and movement of poultry and hatching eggs.

Hearing Location(s): Natural Resources Building, Second Floor, Conference Room 259, 1111 Washington Street S.E., Olympia, WA 98504, on December 20, 2007, at 9:00 a.m.

Date of Intended Adoption: January 3, 2008.

Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504-2560, e-mail, fax (360) 902-2092, by 5:00 p.m., December 21, 2007.

Assistance for Persons with Disabilities: Contact WSDA receptionist by December 13, 2007, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: An emergency rule was filed on July 17, 2007, relating to pullorum-typhoid testing for poultry shown at exhibition. The department proposes to adopt this rule as a permanent rule, and to amend this chapter of the Washington Administrative Code to make it specific to avian diseases in Washington state, to remove redundant language regarding importation that is also in chapter 16-54 WAC, Animal importation, and to increase the rules' readability and clarity.

Reasons Supporting Proposal: These rule amendments are necessary to prevent the spread of infectious and communicable disease in Washington poultry. In addition, the proposed changes are 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 and chapter 34.05 RCW.

Statute Being Implemented: RCW 16.36.040.

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

Name of Proponent: Washington state department of agriculture (WSDA), governmental.

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


Chapter 16-59 WAC


AMENDATORY SECTION(Amending WSR 99-09-024, filed 4/15/99, effective 5/16/99)

WAC 16-59-005   Definitions.   (((1) "Baby poultry" means newly hatched poultry that have not been fed or watered.

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

(((3))) "Director" means the director of the Washington state department of agriculture ((of the state of Washington or his or her)) or the director's authorized representative.

(((4))) "Game birds" means ((domesticated)) fowl such as pheasants, partridge, chukars, quail, and grouse ((and guineas, but not doves and pigeons)) that are raised in confinement.

(((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, Parts 145 and 146, 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.))

[Statutory Authority: RCW 16.36.040. 99-09-024, 16-59-005, filed 4/15/99, effective 5/16/99.]

AMENDATORY SECTION(Amending WSR 99-09-024, filed 4/15/99, effective 5/16/99)

WAC 16-59-020   ((Wrongful sale.)) In-state movement of poultry.   It is unlawful for any person to exchange, sell, or otherwise distribute poultry or hatching eggs affected with or originating from flocks affected with pullorum-typhoid or other contagious, infectious, or communicable disease ((mentioned in this chapter)). The ((state veterinarian may make an exception and)) director has the authority to issue a permit for ((importation or)) movement of such poultry when satisfied ((such)) that the movement will not affect the health of flocks in the state.

[Statutory Authority: RCW 16.36.040. 99-09-024, 16-59-020, filed 4/15/99, effective 5/16/99; Order 997, Regulation 2, filed 1/21/66.]

AMENDATORY SECTION(Amending WSR 99-09-024, filed 4/15/99, effective 5/16/99)

WAC 16-59-030   Testing of breeding stock.   (((1))) Pullorum-typhoid: ((All poultry and hatching eggs in interstate movement must originate from parent or grandparent stock which are registered as participating flocks under NPIP or equivalent state program. The poultry and hatching eggs must be classified as pullorum-typhoid free or must be tested negative for pullorum-typhoid within thirty days of movement. Acceptable tests are standard tube agglutination, 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 in lieu of blood testing for certain species of ratites. Any person who sells poultry or hatching eggs as pullorum-typhoid free must qualify under the provisions of this rule. Exempt from pullorum-typhoid requirements 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: 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 will be granted when available information indicates that the poultry to be transported will not present a disease hazard to state of Washington flocks. Exempted from the infectious laryngotracheitis and infectious coryza requirements 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 transportation must be cleaned and disinfected to the department's satisfaction 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 are not to be imported into or moved intrastate in Washington if ornithosis is suspected or has been diagnosed. 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.)) (1) All poultry that are going to public exhibition, including exhibition, exotic, and game birds, but excluding waterfowl, must:

(a) Come from U.S. Pullorum-Typhoid Clean or equivalent flocks, as defined in the National Poultry Improvement Plan and Auxiliary Provisions, Title 9 CFR, Section 145.53; or

(b) Have had a negative pullorum-typhoid test within ninety days before going to public exhibition.

(2) The department maintains a copy of the National Poultry Improvement Plan and Auxiliary Provisions for public inspection. You may also find the information on the internet at:

[Statutory Authority: RCW 16.36.040. 99-09-024, 16-59-030, filed 4/15/99, effective 5/16/99. 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 WSR 99-09-024, filed 4/15/99, effective 5/16/99)

WAC 16-59-060   ((Shipping equipment.)) Transportation standards.   (1) In order to prevent the spread of disease, all poultry must be moved only in ((clean)) containers((. All crates or other containers used to transport live poultry into or within the state of Washington must be either new or thoroughly cleaned and disinfected and then washed with steam or hot water under pressure)) that are maintained in a sanitary condition and cleaned and disinfected when required by the director.

(2) All common carriers and any other conveyances used in ((the transportation of)) transporting live poultry to or from the receiving station or destination must be free from poultry droppings, feathers, and other debris.

[Statutory Authority: RCW 16.36.040. 99-09-024, 16-59-060, filed 4/15/99, effective 5/16/99; Order 997, Regulation 6, filed 1/21/66.]


     The following section of the Washington Administrative Code is repealed:
WAC 16-59-010 Health certificates.

Washington State Code Reviser's Office