WSR 08-23-074



[ Filed November 18, 2008, 9:35 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-20-019.

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

Hearing Location(s): Kittitas County Event Center, Heritage Center, 512 North Poplar Street, Ellensburg, WA 98926, on December 29, 2008, at 1:00 p.m.; and at the Natural Resources Building, 1111 Washington Street S.E., First Floor Conference Room #175A&B, Olympia, WA 98504, on December 30, 2008, at 1:00 p.m.

Date of Intended Adoption: January 9, 2009.

Submit Written Comments to: Dannie McQueen, P.O. Box 42560, Olympia, WA 98504, e-mail, fax (360) 902-2092, by 5:00 p.m., January 2, 2009.

Assistance for Persons with Disabilities: Contact WSDA receptionist by December 22, 2008, TTY (800) 833-6388 or 711.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Washington state has seen an increase in tuberculosis cases from cattle importing into the state and entering our feedlot industry. The department is proposing to amend chapter 16-30 WAC to remove exceptions for certain cattle movement from restricted feedlots. This will confine these untested animals to the feedlot to avoid potential infection of our state's breeding herds.

Reasons Supporting Proposal: These changes are necessary to prevent the spread of disease in the state, to protect the public's health and welfare, and are a part of the department's ongoing commitment to regulatory improvement under Executive Order 06-02, 05-03, and 97-02.

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: Washington state department of agriculture, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Paul Kohrs, DVM, Olympia, (360) 902-1835; and Enforcement: Leonard Eldridge, DVM, Olympia, (360) 902-1878.

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

A cost-benefit analysis is not required under RCW 34.05.328. The Washington state department of agriculture is not a listed agency under RCW 34.05.328 (5)(a)(i).

November 18, 2008

Leonard E. Eldridge, DVM

State Veterinarian


AMENDATORY SECTION(Amending WSR 08-01-095, filed 12/17/07, effective 1/17/08)

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

(1) There ((may)) shall be no contact between animals not also similarly restricted.

(2)(((a))) No cattle((, except for brucellosis vaccinated females, may)) shall be removed from the restricted feedlot except to a federally inspected slaughter plant, a slaughter plant of like status, or a restricted feedlot of like status ((or to a licensed public livestock market where they will be marketed for immediate slaughter.

(b) 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.

(c) Female cattle that are calfhood vaccinated may be removed from the restricted feedlot for breeding purposes only and by permit from the director. Calfhood vaccinated female cattle that are test-eligible must also test negative for brucellosis and tuberculosis before removal from the restricted feedlot for breeding purposes.

(d) Bulls under six months of age may be removed from the restricted feedlot for breeding purposes only)).

(3) The restricted feedlot will be maintained in a ((sanitary)) condition that follows common industry practices to mitigate disease risk.

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

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

(6) Accurate records will be kept for six years accounting for all cattle entering and leaving the restricted feedlot.

(7) Proper facilities shall be provided for inspection of brands, branding, and identification of cattle.

[Statutory Authority: Chapters 16.36 and 34.05 RCW. 08-01-095, 16-30-030, filed 12/17/07, effective 1/17/08. 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.]

Washington State Code Reviser's Office