WSR 12-02-068

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 16-610 WAC to align with legislation that was enacted in the 2011 legislative session. The proposed new section designates when inspection certificates, certificates of permit, and other transportation documents require a physical address of a destination. The department also proposed to amend WAC 16-610-095 to establish a penalty for physical address and diversion violations.

Citation of Existing Rules Affected by this Order: Amending WAC 16-610-095.

Statutory Authority for Adoption: Chapters 16.57 and 34.05 RCW.

Other Authority: Chapter 34.05 RCW.

Adopted under notice filed as WSR 11-22-096 on November 2, 2011.

Changes Other than Editing from Proposed to Adopted Version: Minor edits were made within the proposed rule language (WAC 16-610-095 Penalty schedule for notices of infraction) as a result of the office of the code reviser codifying the Laws of 2011 into RCW citations:


Chapter 204, Laws of 2011

RCW 16.57.440

Transporting or delivering cattle or horses to any destination other than the designated physical address.
Chapter 204, Laws of 2011

RCW 16.57.160

Failing to designate a physical address.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 1, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 0.

Date Adopted: January 3, 2012.

Dan Newhouse

Director

OTS-4367.4


NEW SECTION
WAC 16-610-053   Physical address requirements.   (1) Livestock inspection certificates, certificate of permits, and equine bill of sales shall contain a destination physical address 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 cattle and horses must be transported and delivered directly to the physical address noted on a livestock inspection certificate, certificate of permit, and/or equine bill of sale. Cattle and horses shall not be diverted to any other physical address or location except for:

(a) A temporary destination due to a medical emergency where the immediate health of the animal is in jeopardy; or

(b) A category two restricted holding facility as defined in chapter 16-30 WAC if the cattle will be transported and delivered to a lot of like status.

(3) 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 can be used:

(a) Descriptive driving directions to the physical location of where the cattle or horse(s) is being transported and delivered to; or

(b) The global positioning system (GPS) coordinates of the physical location of where the cattle or horse(s) is being transported and delivered to. 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.

(4) Failing to provide the required destination physical address or acceptable alternative as defined in subsection (3) of this section or diverting cattle and horses from the destination physical address may result in a civil infraction per WAC 16-610-095.

[]


AMENDATORY SECTION(Amending WSR 07-14-057, filed 6/28/07, effective 7/29/07)

WAC 16-610-095   Penalty schedule for notices of infraction.   (1) If any person fails to comply with the requirements of chapters 16-610 WAC and 16.57 RCW (Identification of livestock), the director may issue that person a notice of infraction and may assess a penalty.

(2) The following infractions have the base penalty listed, not including statutory assessments.


Livestock Identification Program

Civil Infraction Schedule for Violations of Chapter 16.57 RCW


Violation Base Penalty
RCW 16.57.260 Removal of cattle and horses from Washington state without an inspection certificate.
First offense $100.00
2nd offense within three years $150.00
3rd offense within three years $250.00
RCW 16.57.267 Failing to present an animal for mandatory inspection.
First offense $100.00
2nd offense within three years $150.00
3rd offense within three years $250.00
RCW 16.57.270 Refusing to assist in establishing ownership and identity.
First offense $100.00
2nd offense within three years $150.00
3rd offense within three years $250.00
RCW 16.57.350 Interfering with the director in the performance of livestock identification duties.
First offense $100.00
2nd offense within three years $150.00
3rd offense within three years $250.00
RCW 16.57.440 Transporting or delivering cattle or horses to any destination other than the designated physical address.
First offense $100.00
2nd offense within three years $150.00
3rd offense within three years $250.00
RCW 16.57.050 Using an unrecorded brand.
Each offense $37.00
RCW 16.57.160 Failing to designate a physical address
Each offense $37.00
RCW 16.57.243 Moving cattle without proof of ownership.
Each offense $37.00
RCW 16.57.275 Transporting a carcass without proof of ownership.
Each offense $37.00
RCW 16.57.277 Failing to attach custom slaughter tags.
Each offense $37.00
RCW 16.57.410 Acting as a registering agency without a permit.
Each offense $37.00

[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. 07-14-057, 16-610-095, filed 6/28/07, effective 7/29/07.]

Washington State Code Reviser's Office