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

     Purpose: Washington state has seen an increase in tuberculosis cases from cattle imported into this state. The United States Department of Agriculture's Tuberculosis Uniform Methods and Rules now have standards for tuberculosis responder detection rates for private veterinarians performing caudal fold testing. This rule making requires training for private veterinarians who perform tuberculosis testing. These changes are necessary to assure proper tuberculosis testing measures are in place to protect the industry.

     Citation of Existing Rules Affected by this Order: Amending WAC 16-86-005.

     Statutory Authority for Adoption: Chapter 16.36 RCW.

     Other Authority: Chapter 34.05 RCW.

      Adopted under notice filed as WSR 08-23-075 on November 18, 2008.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 1, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 1, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 1, Amended 1, Repealed 0.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 9, 2009.

Robert W. Gore

Acting Director

OTS-2039.1

AMENDATORY SECTION(Amending WSR 08-01-094, filed 12/17/07, effective 1/17/08)

WAC 16-86-005   Definitions.   In addition to the definitions found in RCW 16.36.005, the following definitions apply to this chapter:

     "Accredited veterinarian" means a veterinarian licensed to practice veterinary medicine, surgery, and dentistry in the state of Washington and approved by the United States Department of Agriculture (USDA) Veterinary Services to participate in state-federal cooperative programs.

     "Breed registry tattoo" means individual registry tattoos issued by breed associations.

     "Brucellosis vaccine" means only those Brucella abortus products that are approved by and produced under license of the USDA for injection into cattle to enhance their resistance to brucellosis.

     "Department" means the Washington state department of agriculture (WSDA).

     "Director" means the director of WSDA or the director's authorized representative.

     "Official calfhood vaccinate" means female cattle between four and twelve months of age that are vaccinated with brucellosis vaccine at a calfhood dose (2cc subcutaneously).

     "Official identification" means identifying an animal or group of animals using devices or methods approved by the director, including, but not limited to, official tags, unique breed registry tattoos, and registered brands when accompanied by a certificate of inspection from a brand inspection authority who is recognized by the director.

     "Official Washington mature vaccinate" means female cattle over the age of twelve months that are native to Washington state, or originate from other class free states or countries to be determined on a case-by-case investigation by the director, and vaccinated with a reduced dose of brucellosis vaccine (0.25cc subcutaneously) under directions issued by the director.

     "Premises" means a location or physical address.

     "Timed events" means competitive events that take place where time elapsed is the factor that determines the placing of individuals competing in the event.

     "USDA" means the United States Department of Agriculture.

     "Vaccination tattoo" means a tattoo in the right ear bearing the United States registered shield and V preceded by a number indicating the quarter of the year and followed by a number corresponding to the last digit of the year in which the animal was vaccinated with strain 19 Brucella vaccine. For strain RB-51 calfhood vaccination, an R precedes the shield and V. In the case of strain RB-51 mature vaccination, an M precedes the shield and V. For strain RB-51 vaccinates, the last number of the tattoo corresponds to the last digit of the year in which vaccine was administered.

[Statutory Authority: Chapters 16.36 and 34.05 RCW. 08-01-094, § 16-86-005, filed 12/17/07, effective 1/17/08. Statutory Authority: RCW 16.36.040. 99-09-025, § 16-86-005, filed 4/15/99, effective 5/16/99. Statutory Authority: RCW 16.36.096 and 16.36.040. 90-10-045 (Order 2035), § 16-86-005, filed 4/30/90, effective 5/31/90. Statutory Authority: RCW 16.36.040 and 16.36.050. 87-08-020 (Order 1917), § 16-86-005, filed 3/25/87. Statutory Authority: Chapter 16.36 RCW. 84-08-037 (Order 1814), § 16-86-005, filed 3/30/84; Order 1539, § 16-86-005, filed 10/17/77.]

     Washington State Department of Agriculture

     Animal Services Division

     1111 Washington Street S.E.

     P.O. Box 42577

     Olympia, Washington 98504-2577

     360-902-1878.

     (2) The department may review the testing results and other records associated with tuberculosis testing of cattle or bison by accredited veterinarians in Washington state. In the event that the response rates reported by an accredited veterinarian do not meet the response rates standards established in Appendix C of the Bovine Tuberculosis Eradication Uniform Methods and Rules, effective January 1, 2005 (adopted in WAC 16-86-120), the director may require additional training or may refuse to accept the testing of cattle or bison for tuberculosis performed by that veterinarian.

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