WSR 25-19-090
PROPOSED RULES
DEPARTMENT OF AGRICULTURE
[Filed September 17, 2025, 7:46 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 25-15-151.
Title of Rule and Other Identifying Information: Chapter 16-610 WAC, Livestock identification.
Hearing Location(s): On October 23, 2025, at 10:00 a.m., remotely through Microsoft Teams at https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjlhNzdmZDUtZTQ4OC00ODY5LTkzNjgtNmZhOTFhZDMwZDNj%40thread.v2/0?context=%7b%22Tid%22%3a%2211d0e217-264e-400a-8ba0-57dcc127d72d%22%2c%22Oid%22%3a%228067d4fb-227d-4cd5-a00a-7902df280a3c%22%7d, Meeting ID 250 976 126 202, Passcode 5Zy77q6M, join by phone 1-564-999-2000, phone conference ID 581 846 173#].
Date of Intended Adoption: October 30, 2025.
Submit Written Comments to: Gloriann Robinson, Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, email WSDARulesComments@agr.wa.gov, fax 360-902-2092, by 5:00 p.m., October 23, 2025.
Assistance for Persons with Disabilities: Contact Kelsey Lindstrom, animal services division coordinator, phone 360-725-5642, fax 360-902-2087, TTY 800-833-6388, email Kelsey.lindstrom@agr.wa.gov, by October 14, 2025.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department of agriculture (department) is considering amending WAC 16-610-122 to change the reference to the type of document that must be obtained before livestock can be removed from a public livestock market from "livestock clearance from the director" to "livestock inspection certificate."
Reasons Supporting Proposal: WAC 16-610-122 serves a foundational role in regulating the removal of cattle and horses from public livestock markets in Washington state. At its core, the rule establishes a clearly defined legal framework for how animals can be moved out of these markets, specifying that proper documentation (currently, a livestock inspection clearance from the director) must be obtained before removal. The purpose of this requirement is to ensure that only lawful owners, or their authorized agents, are able to take custody of livestock, thereby affirming ownership and authenticity of transactions.
This verification process is fundamental in preventing fraud and theft, risks that are inherent wherever valuable commodities like livestock are transferred or sold. By mandating official inspections and the issuance of a release to the person taking the animals, the rule creates a transparent trail of documentation. This trail is vital for market operators, regulatory agencies, and law enforcement, as it not only deters improper or unauthorized removals, but also bolsters the state's capacity to trace animal movements. Such traceability plays a key role in responding to outbreaks of livestock disease, protecting public health, and maintaining the integrity of the broader agricultural supply chain.
Ambiguous language, such as the reference to "livestock inspection clearance from the director," creates unnecessary confusion among market operators and attendees regarding what documentation is required to remove livestock from the market. This ambiguity weakens enforceability and creates potential compliance inconsistencies. To correct this weakness, the department is proposing to change the name of the document required to remove animals from the public livestock market to "Livestock Inspection Certificate" to accurately reflect the name of the document being issued.
Statutory Authority for Adoption: RCW
16.65.020.
Statute Being Implemented: Chapter
16.65 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: Brennan Kimbel, 1111 Washington Street S.E., Olympia, WA 98504, 360-902-1808; Enforcement: Joel Williams, 1111 Washington Street S.E., Olympia, WA 98504, 360-688-4294.
A school district fiscal impact statement is not required under RCW
28A.305.135.
A cost-benefit analysis is not required under RCW
34.05.328. The department is not a listed agency under RCW
34.05.328 (5)(a)(i).
Scope of exemption for rule proposal from Regulatory Fairness Act requirements:
Is not exempt.
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. Based on the analysis of the proposed amendment, a full small business economic impact statement is not required for this rule making. The proposed amendment codifies current practices that are already in effect at all public livestock markets in Washington state and does not introduce any new procedures or requirements. Accordingly, the proposed amendment is not expected to result in any costs for affected businesses.
A copy of the detailed cost calculations may be obtained by contacting Gloriann Robinson, Rules Coordinator, P.O. Box 42560, Olympia, WA 98504-2560, phone 360-902-1802, email wsdarulescomments@agr.wa.gov.
September 17, 2025
Jodi Jones, Director
Animal Services Operations
OTS-5388.1
AMENDATORY SECTION(Amending WSR 19-20-022, filed 9/23/19, effective 10/24/19)
WAC 16-610-122Release of cattle and horses from public livestock markets.
(1) Before allowing the removal of any cattle or horses from any public livestock market, a licensee or the licensee's agent or employee must:
(a) Obtain a livestock inspection ((clearance from the director))certificate for the cattle or horses being removed; and
(b) Issue a release to the person wishing to remove the cattle or horses.
(2) The licensee shall hold proceeds from the sale of impounded cattle or horses for a reasonable period of time not to exceed ((
thirty))
30 days to permit the consignor to establish ownership or the right to sell the cattle or horses. If the consignor fails to establish legal ownership or the right to sell the cattle or horses, the proceeds shall be paid to the director to be disposed of as any other estray proceeds under RCW
16.57.300.
(3) Cattle and horses that have been offered for sale at a public livestock market but did not sell, will not be assessed an additional inspection fee upon reconsignment if:
(a) The reconsignment occurs within eight days of the original sale;
(b) The animals are reconsigned to the original sale facility;
(c) The animals have not been removed from the original sale facility before reconsignment;
(d) The animals have not been commingled with other animals; and
(e) No animals have been added or removed from the group.