Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-01-106.

     Title of Rule and Other Identifying Information: Chapter 16-71 WAC, Equine infectious anemia.

     Hearing Location(s): Natural Resources Building, 1111 Washington Street S.E., Second Floor, Conference Room 259, Olympia, WA 98504, on April 30, 2010, at 9:00 a.m.; and at the Kittitas County Event Center, Heritage Center, 512 North Poplar Street, Ellensburg, WA 98926, on May 11, 2010, at 8:30 a.m.

     Date of Intended Adoption: June 1, 2010.

     Submit Written Comments to: Teresa Norman, P.O. Box 42560, Olympia, WA 98504-2560, e-mail WSDARulesComments@agr.wa.gov, fax (360) 902-2092, by 5:00 p.m., May 11, 2010.

     Assistance for Persons with Disabilities: Contact WSDA receptionist by April 23, 2010, TTY (800) 833-6388 or 711.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department proposes to amend chapter 16-71 WAC to add five new sections regarding equine diseases. The five new sections include the following diseases: Equine viral arteritis, equine herpes virus, equine piroplasmosis, strangles and vesicular stomatitis. The department also proposes to change the name of this WAC to "Equine diseases in Washington state."

     Reasons Supporting Proposal: The amendments are necessary to safeguard the health of the equine industry as the listed diseases have become a threat to the equine in Washington state.

     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) 902-1835; 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).

March 24, 2010

Robert W. Gore

Deputy Director

OTS-2882.3

     "Department" means the Washington state department of agriculture.

     (((2))) "Director" means the director of the Washington state department of agriculture or his or her ((duly)) authorized representative.

     (((3))) "Equine((s))" means horses, donkeys, mules, ponies, zebras, and others in the Equidae family.

     (((4) "Equine Infectious Anemia (EIA)" means infection with the equine infectious anemia lentivirus, affecting both sexes, all ages, all breeds and all species of equines. Infected equines remain carriers for life, constituting a potential source for spread of the infection. There is no known cure or treatment.

     (5) "Official health certificate" means a legible certificate of veterinary inspection executed on an official form published by the state of origin or by the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS). This certificate must be issued by a licensed, accredited veterinarian or a veterinarian approved by USDA APHIS.

     (6))) "Herd plan" means a written management agreement between the animal owner and the state veterinarian, with possible input from a private accredited veterinarian designated by the owner and the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) veterinary services area veterinarian-in-charge, in which each participant agrees to undertake actions specified in the herd plan to control the spread of infectious, contagious, or communicable disease within and from an infected herd and to work toward eradicating the disease in the infected herd.

     "Official test" means ((blood samples tested)) a laboratory test by USDA-approved laboratories or by people authorized by the state of origin's animal health officials to conduct the tests.

     (((7) "Reactor" means an equine found positive on an official EIA test.)) "VS form 1-27" means a United States department of agriculture permit form for the movement of restricted or quarantined livestock.

[Statutory Authority: RCW 16.36.040. 00-14-059, § 16-71-010, filed 7/3/00, effective 8/3/00; Order 1330, § 16-71-010, filed 12/21/73.]

     Animal Services Division

     Washington State Department of Agriculture

     1111 Washington St. S.E.

     Olympia, WA 98504-2560

     Phone: 360-902-1878.

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     (2)(a) Positive diagnosis of EIA is made with the agar gel immunodiffusion test (AGID or Coggins test), competitive enzyme-linked immunosorbent assay (cELISA test) or other official test. A supplementary AGID will be conducted to confirm positives detected with other official tests.

     (b) Blood samples for EIA testing will be collected by licensed, accredited veterinarians at the owners' request and expense. At sample collection, the veterinarian will make an accurate, detailed identification of the equine on an official test request form. Positive test results are to be reported to state and federal animal health authorities. ((Owners will be advised of the procedure if equines are found positive on the official test. The owner must sign an agreement regarding disposition of a reactor. The agreement should follow a herd plan as defined in chapter 16.36 RCW.

     (2) All equines over six months of age entering the state must be accompanied by an official health certificate and a record of a negative EIA test conducted within six months prior to importation. Exceptions to the EIA test requirement:

     (a) Equines consigned for immediate slaughter;

     (b) Equines consigned to a veterinary clinic for the purpose of treatment or surgery, under the supervision of a veterinarian. These equines must return to the state of origin following treatment or surgery and must not be commingled, housed or corralled in common with any other equine;

     (c) Equines under six months old;

     (d) Oregon-origin equines under a reciprocal arrangement; and

     (e) Idaho-origin equines may be excluded when a reciprocal arrangement exists for Washington-origin equines moving into Idaho.))

     (3) The management or board of governors at race tracks, rodeos, shows, fairs or other assembly points may require ((negative, official EIA tests within six months prior to)) more restrictive testing for all equine before consignment to an assembly point or participation ((for all equines consigned to these assembly points or participating)) in an event((s)).

[Statutory Authority: RCW 16.36.040. 00-14-059, § 16-71-022, filed 7/3/00, effective 8/3/00; Order 1431, § 16-71-022, filed 2/10/76. Formerly WAC 16-71-020.]

     (b) The quarantine will be released only upon the ((reactor's)) positive equine's death or ((when it)) if the animal is legally moved from the ((premises)) quarantine location by permit on a VS form 1-27. ((If reactor status is disclosed while the equine is on a premises other than the owner's, permission may be granted to move the animal to the owner's premises. Reactors can only move by permit on a VS form 1-27. State and federal animal health authorities will conduct an epidemiological investigation to identify other equines exposed to EIA by contact with the reactor.))

     (c) All equine((s having contact with the reactor must)) exposed to EIA positive equine will be quarantined. The quarantine will be removed on these ((contact)) exposed equine((s)) and movement allowed only after a negative, official EIA test at least ((60)) ninety days after ((removal of)) the ((reactor)) positive equine have been removed from the quarantine premises.

     (2) ((Confirmed reactors)) Positive equine must be ((euthanized,)):

     (a) Placed in ((a)) permanent quarantine in a restricted holding facility for the life((,))of the equine under a herd plan developed to control the spread of the diseases, as provided for in RCW 16.36.005; or

     (b) Donated to a diagnostic or research facility((, legally moved to slaughter)); or

     (c) Legally removed from the state on a VS form 1-27; or

     (d) Euthanized. A state or federal animal health ((authority)) official or a licensed((,)) and accredited veterinarian will conduct euthanasia.

     (3) For lifelong quarantine, a state or federal animal health ((authority)) official must approve the isolation facility. The isolation facility must be located at least two hundred yards from any other equine, and must keep the ((reactor)) positive equine separate from all other equine((s)). ((It)) The facility must be screened to prevent transmission of EIA by insect((s)) vectors.

     ((With)) (4) In consultation ((of)) with an entomologist, an insect control program must be developed, approved by the director, and must be followed routinely. ((The isolation facility must be located at least 200 yards from any other equines. The department will pay for and hold a lifetime brand inspection on those equines held in lifetime quarantine.))

     (5) If the ((reactor)) positive equine is donated((, moved to slaughter)) to a research facility or removed from the state, it can only move by permit on a VS form 1-27. For removal from the state, the receiving state must agree in advance to accept the ((reactor)) positive equine.

[Statutory Authority: RCW 16.36.040. 00-14-059, § 16-71-030, filed 7/3/00, effective 8/3/00; Order 1330, § 16-71-030, filed 12/21/73.]

[Statutory Authority: RCW 16.36.040. 00-14-059, § 16-71-035, filed 7/3/00, effective 8/3/00.]

     (2) If equine test positive for EVA:

     (a) The owner of intact males over six months of age and equine reproductive products from donors that test positive for EVA must comply with the United States Department of Agriculture (USDA) Equine Viral Arteritis Uniform Methods and Rules, effective April 19, 2004.

     (b) Intact males that test antibody positive for EVA may be subject to quarantine.

     (c) Equine semen and embryos from antibody positive donors must be used or implanted only in vaccinated or seropositive mares. These mares must be isolated for twenty-one days following insemination or implantation.

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http://www.aphis.usda.gov/animal_health/animal_diseases/eva

/downloads/eva-umr.pdf

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     (2) Horses that show clinical signs consistent with neurological EHV1 and test positive to a PCR test for neurological EHV1 will be dealt with by the state veterinarian on a case-by-case basis.

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     (2) Horses that test positive to any of the following tests must either be euthanized or removed from the state within thirty days of diagnosis:

     (a) cELISA (competitive enzyme-linked immunosorbent assay);

     (b) CF (complement fixation);

     (c) PCR (polymerase chain reaction); or

     (d) IFA (immunofluorescent antibody).

     (3) Equine found positive to piroplasmosis must be:

     (a) Permanently quarantined in a restricted holding facility for the life of the equine under a herd plan developed to control the spread of the disease, as provided for in RCW 16.36.005; or

     (b) Donated to a diagnostic or research facility; or

     (c) Legally removed from the state on a VS form 1-27; or

     (d) The equine is euthanized and disposed of under the direct supervision of a state or federal animal health official.

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     (2) Horses that test positive to Streptococcus equi will be dealt with by the state veterinarian on a case-by-case basis.

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