WSR 12-02-067

PERMANENT RULES

DEPARTMENT OF AGRICULTURE


[ Filed January 3, 2012, 3:16 p.m. , effective February 3, 2012 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The department proposed to add a new section to chapter 16-54 WAC to align with legislation that was enacted in the 2011 legislative session. The proposed new section designates when a certificate of veterinary inspection, permit, and other transportation documents require a physical address for the destination when animals are imported into Washington and when those animals are be delivered or transported directly to the physical address of that destination. Animals that are not transported and delivered to the physical address on the official animal health document may be assessed a civil penalty in accordance with chapter 16-90 WAC.

Statutory Authority for Adoption: RCW 16.36.040, 16.36.113, and 16.36.140.

Other Authority: Chapter 34.05 RCW.

Adopted under notice filed as WSR 11-22-097 on November 2, 2011.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: January 3, 2012.

Dan Newhouse

Director

OTS-4276.2


NEW SECTION
WAC 16-54-031   Physical address requirements.   (1) Certificate of veterinary inspection, entry permit, movement permit, and temporary grazing permits shall contain the destination physical address for animals entering Washington state except where specifically exempted in this section. For purposes of this section, a physical address is the actual street location of the destination.

(2) All animals must be transported and delivered directly to the physical address noted on the certificate of veterinary inspection, entry permit, movement permit, or temporary grazing permit.

(a) Animals shall not be diverted to any other physical address except for a temporary destination due to a medical emergency where the immediate health of the animal is in jeopardy. If a physical address destination change is necessary for a medical emergency, the notification requirements listed in subsection (3) of this section shall apply.

(b) Notification requirements listed in subsection (3) of this section will apply to category two restricted holding facilities, as defined in chapter 16-30 WAC, when cattle are not transported and delivered to the destination physical address as permitted on the original entry permit. Category two restricted holding facilities may only change the destination physical address as permitted on the original permit if the cattle will be transported and delivered to a lot of like status.

(3) Requirements for reporting changes to physical address destinations noted in subsection (2) of this section.

(a) Contact the department within twenty-four hours by phone at 360-902-1878 or by e-mail at ahealth@agr.wa.gov.

(b) Report the official document number and the physical address to where the animal(s) was transported and delivered to.

(4) Failing to provide the required destination physical address or acceptable alternative per subsection (5)(a) of this section or diverting animals from the destination physical address may result in a civil penalty as authorized by RCW 16.36.113 and defined in chapter 16-90 WAC.

(5) Exemptions to destination physical address requirements.

(a) If the destination physical address cannot be determined due to no physical address assigned by the appropriate county jurisdiction or local emergency services, the following shall apply:

(i) Descriptive driving directions to the physical location of where the animal(s) is being transported and delivered to must be included on the certificate of veterinary inspection, entry permit, movement permit or temporary grazing permit; or

(ii) The global positioning system (GPS) coordinates of the physical location of where the animal(s) is being transported and delivered to must be included on the certificate of veterinary inspection, entry permit, movement permit or temporary grazing permit. GPS coordinates must contain two latitude or three longitude digits to the left of the decimal point and six digits to the right of the decimal point.

(b) Poultry, or other animals, that are permitted under this chapter and chapter 16.30 RCW and are approved by the United States Postal Service's (USPS) list of mailable live animals are exempt from the destination physical address requirement. For a list of mailable live animals, please visit http://pe.usps.com/text/pub52/pub52c5_007.htm.

[]

Washington State Code Reviser's Office