PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 06-16-092.
Title of Rule and Other Identifying Information: Chapter 16-86 WAC, Brucellosis and tuberculosis in cattle and goats.
Hearing Location(s): Natural Resources Building, Second Floor, Conference Room 259, 1111 Washington Street S.E., Olympia, WA 98504, on November 30, 2007, at 11:00 a.m.
Date of Intended Adoption: December 14, 2007.
Submit Written Comments to: Teresa Norman, Washington State Department of Agriculture, P.O. Box 42560, Olympia, WA 98504-2560, e-mail WSDARulesComments@agr.wa.gov, fax (360) 902-2092, by 5:00 p.m., December 3, 2007.
Assistance for Persons with Disabilities: Contact WSDA receptionist by November 21, 2007, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is proposing to amend chapter 16-86 WAC to update requirements related to disease and change of ownership, and to make the chapter specific to diseases of cattle and bison. Current rules in chapter 16-86 WAC that relate to goats will be moved to chapter 16-89 WAC.
Reasons Supporting Proposal: These changes are necessary to prevent the spread of disease in the state, to protect the public's health and welfare, and are a part of the department's ongoing commitment to regulatory improvement under Executive Orders 06-02, 05-03, and 97-02.
Statutory Authority for Adoption: Chapters 16.36 and 34.05 RCW.
Statute Being Implemented: Chapter 16.36 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of agriculture (WSDA), governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Paul Kohrs, DVM, Olympia, (360) 902-1878; and Enforcement: Leonard Eldridge, DVM, Olympia, (360) 902-1878.
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).
October 15, 2007
Leonard E. Eldridge, DVM
State Veterinarian
OTS-1120.2
((BRUCELLOSIS AND TUBERCULOSIS IN CATTLE AND GOATS)) CATTLE
AND BISON DISEASES IN WASHINGTON STATE
(((1))) "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.
(((2) "Adult vaccination" means the whole herd
vaccination of a herd infected with or exposed to the Brucella
abortus organism when conducted under a herd plan agreed to by
the owner and the director. A USDA approved adult dosage
brucella vaccine will be used to vaccinate all female cattle
in the herd above twelve months of age.
(3) "Approved brucella)) "Breed registry tattoo" means individual registry tattoos issued by breed associations.
"Brucellosis vaccine" means only those ((biological))
Brucella abortus products that are approved by and produced
under license of the USDA for injection into cattle ((for the
purpose of enhancing)) to enhance their resistance to
brucellosis.
(((4) "Department" means the Washington state department
of agriculture.
(5) "Director" means the director of agriculture of the state of Washington or his or her duly authorized representative.
(6) "Immediate slaughter" means delivery within seven days to an inspected slaughter facility or restricted feedlot as defined in chapter 16-30 WAC and operating under the permission of the director.
(7))) "Official calfhood vaccinate" means ((a)) female
((bovine animal)) cattle between four and twelve months of age
that are vaccinated with ((an approved brucella abortus))
brucellosis vaccine ((such as strain 19 vaccine or RB-51
vaccine)) at a calfhood dose ((between the ages of four and
twelve months of age (one hundred twenty days to three hundred
sixty-five days))) (2cc subcutaneously).
(((8))) "Official Washington mature vaccinate" means
((a)) female ((bovine)) 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 ((an approved adult dosage brucella)) a reduced dose of
brucellosis vaccine (0.25cc subcutaneously) under directions
issued by the ((state veterinarian)) director. ((Mature
vaccinates must be blood tested for brucellosis at the time of
vaccination and a copy of the test chart submitted to the
state veterinarian with the vaccination record.
(9) "Registry tattoo" means a tattoo identifying the individual as a registered animal within the breed association.
(10))) "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)) 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. ((In the case of
strain RB-51 adult vaccination an A precedes the shield.))
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: 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.]
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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BRUCELLOSISwww.aphis.usda.gov/animal_health/animal_diseases/brucellosis/downloads/umr_bovine_bruc.pdf.
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(a) Calves under four months of age.
(b) Cattle sold or consigned to a restricted feedlot.
(c) Cattle sold or consigned to a federally inspected slaughter plant.
(d) Steers and spayed heifers.
(e) Official calfhood vaccinates under twenty months of age and not parturient or post parturient.
(f) Official Washington or Canadian calfhood vaccinates under thirty months of age as evidenced by less than full development of the lower permanent second incisors. This exemption applies only to Washington resident cattle which bear an eartag showing a Washington vaccination (91 V series) or a Canadian vaccination certificate. Subdivision (e) of this subsection applies to all other female dairy breed cattle unless exempted by (a), (b), (c) or (d) of this subsection. Cattle exempted under this subsection may be tested if requested by a prospective buyer or to meet import requirements of another state or foreign country.
(2))) Cattle. All female cattle ((shall)) must be ((an))
official calfhood or official Washington mature vaccinates and
bear ((a)) legible vaccination tattoos ((prior to)) before
being sold or introduced into any breeding herd in the state
of Washington. This rule does not apply to the following:
(a) ((Calves under four months of age. Female calves
under four months acquired by any herd and natural female
additions must become official calfhood vaccinates or official
Washington mature vaccinates, as provided for in this chapter,
to be sold for any purpose other than those set forth in (b),
(c), (d), (e), or (f) of this subsection.
(b))) Cattle sold or consigned to a restricted
feedlot((.));
(((c))) (b) Cattle sold or consigned to a federally
inspected slaughter plant((.));
(((d))) (c) Cattle sold or consigned to a public
livestock market for immediate slaughter ((only.)) within
three days of sale;
(((e))) (d) Spayed heifers((.));
(((f))) (e) Cattle sold to buyers in states or countries
without brucellosis vaccination import requirements; and
(f) Calves under four months of age.
(((3) All Washington cattle shall be individually
identified and permanently recorded as to herd of origin prior
to being sold or consigned for slaughter. Such identity shall
be transferred to the blood sample taken for market cattle
identification (MCI) test purposes. These records shall be
made available to the department upon request. The following
classes of cattle shall be exempt from these requirements:
(a) Cattle under twenty-four months of age and not parturient or post parturient.
(b) Steers and spayed heifers.)) (2) Bison. All bison, except calves under eight months of age at the side of their negative-tested mothers, are required to test negative for brucellosis upon change of ownership.
(3)(a) Under RCW 20.01.380, as cattle and bison move throughout the marketing system, livestock dealers are required to retain cattle and bison identification to the herd of origin. Official identification devices provide permanent identification of livestock and ensure the ability to find the source of animal disease outbreaks.
(b) Removing an official animal health tag, or official animal identification tag, permanent mark, or other device is prohibited except at the time of slaughter.
(c) If an official identification device is lost and it is necessary to retag an animal, the new official number shall correlate, whenever possible, with the previous official number of the animal and shall be reported to the office of the state veterinarian.
[Statutory Authority: RCW 16.36.040. 99-09-025, § 16-86-015, filed 4/15/99, effective 5/16/99; 97-01-067 (Order 6009), § 16-86-015, filed 12/16/96, effective 1/16/97. Statutory Authority: RCW 16.36.096 and 16.36.040. 94-05-008 (Order 5032), § 16-86-015, filed 2/3/94, effective 3/6/94; 92-21-023, § 16-86-015, filed 10/13/92, effective 11/13/92. Statutory Authority: RCW 16.36.040 and 16.36.050. 88-05-003 (Order 1964), § 16-86-015, filed 2/5/88; 87-08-020 (Order 1917), § 16-86-015, filed 3/25/87. Statutory Authority: Chapter 16.36 RCW. 84-08-037 (Order 1814), § 16-86-015, filed 3/30/84. Statutory Authority: Chapters 16.36 and 16.44 RCW. 83-06-002 (Order 1785), § 16-86-015, filed 2/17/83. Statutory Authority: Chapters 16.36 and 16.40 RCW. 81-14-078 (Order 1742), § 16-86-015, filed 7/1/81; 81-10-048 (Order 1731), § 16-86-015, filed 5/1/81; 79-09-076 (Order 1642), § 16-86-015, filed 8/30/79; 79-07-089 (Order 1634), § 16-86-015, filed 6/29/79; 78-12-053 (Order 1588), § 16-86-015, filed 11/29/78; Order 1539, § 16-86-015, filed 10/17/77.]
(2) Grazing permits will be issued only for movements to
states ((which)) that are class free or A for brucellosis and
((which)) that share common borders with the state of
Washington.
(3) Cattle moving interstate on grazing permits are generally exempt from interstate health certificate and testing requirements unless required by the state veterinarian in either state due to changing disease conditions.
(4) Cattle moving interstate on grazing permits must meet the brand or animal identification requirements of each state before interstate movement.
[Statutory Authority: RCW 16.36.040. 99-09-025, § 16-86-017, filed 4/15/99, effective 5/16/99; Order 1539, § 16-86-017, filed 10/17/77.]
[Statutory Authority: RCW 16.36.040. 99-09-025, § 16-86-020, filed 4/15/99, effective 5/16/99; Order 1539, § 16-86-020, filed 10/17/77; Order 1171, § 16-86-020, filed 12/15/70; Order 855, Regulation 2, effective 7/19/61.]
(2) Any additions to the herd must be serologically tested negative for brucellosis within thirty days before introduction into the herd.
(3) Herds must be serologically tested negative annually to maintain the dairy's raw milk license.
(4) The state veterinarian shall direct all testing procedures in accordance with state and federal standards for animal disease eradication.
(5) All raw milk and raw milk products from animals that test positive for brucellosis are prohibited from sale and must be destroyed.
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(a))) Any herd of cattle or ((goats)) bison in which
brucellosis reactors are found will be quarantined. Positive
or reactor classification shall be based on standards listed
in ((U.S. Department of Agriculture Uniform Methods and Rules
for Brucellosis Eradication. Animals positive to the
brucellosis test must not be sold or offered for sale except
for immediate slaughter. Quarantined animals may only be
moved when accompanied by an official form number VS1-27))
USDA Brucellosis Eradication Uniform Methods and Rules,
effective October 1, 2003.
(2) The quarantine will be released when the entire quarantined herd has passed two consecutive negative blood tests without reactors.
(a) The first test must be not less than thirty days
following removal of all reactors from the herd ((and)). The
second test must not be less than ninety days nor more than
one year following the date of the previous test.
(b) Steers, spayed heifers ((and)), officially vaccinated
dairy ((animals)) cattle under twenty months of age, and
officially vaccinated beef animals under twenty-four months of
age need not be tested.
(((b))) (c) Adult vaccination for cattle may be used as a
whole herd vaccination under the terms of a herd plan and
based on the standards listed in ((U.S. Department of
Agriculture Uniform Methods and Rules for Brucellosis
Eradication dated May 6, 1992, and revised February 2, 1993,
and June 16, 1994)) USDA Brucellosis Eradication Uniform
Methods and Rules, effective October 1, 2003.
(((2) Tuberculosis:
(a) Any herd of cattle or goats in which tuberculosis reactors are found will be quarantined and except for immediate slaughter the sale or removal of any animal out of such herds is prohibited. Herds in which only no gross legions (NGL) reactor(s) occur and in which no evidence of Mycobacterium bovis infection has been disclosed may be released from quarantine after a sixty-day negative caudal fold retest of the entire herd.
(b) Herds containing one or more suspects to the caudal fold tuberculosis test shall be quarantined until the suspect animals are:
(i) Retested by the comparative-cervical tuberculosis test within ten days of the caudal fold injection and the tuberculosis status of the suspect(s) has/have been determined; or
(ii) Retested by the comparative-cervical tuberculosis test after sixty days and the tuberculosis status of the suspect(s) has/have been determined; or
(iii) Shipped under permit directly to slaughter in accordance with state or federal laws and regulations and the tuberculosis status of the suspect(s) has/have been determined.
(c) Herds in which Mycobacterium bovis infection has been confirmed and the herd has not been depopulated will remain under quarantine and must pass two tuberculin tests at intervals of at least sixty days and one additional test after six months from the previous negative test. These herds will also be subject to five annual tests on the entire herd following the release from quarantine.)) (3) Cattle or bison that test positive to the brucellosis test must not be sold or offered for sale except for immediate slaughter.
(4) Quarantined cattle and bison may only be moved when accompanied by an official USDA form number VS1-27.
[Statutory Authority: RCW 16.36.040. 99-09-025, § 16-86-040, filed 4/15/99, effective 5/16/99. Statutory Authority: RCW 16.38.060. 87-23-043 (Order 1958), § 16-86-040, filed 11/18/87; Order 1539, § 16-86-040, filed 10/17/77; Order 1171, § 16-86-040, filed 12/15/70; Order 855, Regulation 4, effective 7/19/61.]
(2) Under RCW 16.36.096, subject to the availability of
((sufficient funds, the director may pay an indemnity for any
cattle)) amounts appropriated for this specific purpose,
owners, individuals, partnerships, corporations or other legal
entities whose animals have been slaughtered or destroyed by
order of the director may be eligible for indemnification in
an amount not to exceed seventy-five percent of the appraised
or salvage value of the animal ordered slaughtered or
destroyed. ((When indemnity is approved, the amount that will
be paid is fifty dollars for any grade beef breed female, one
hundred dollars for any purebred registered beef breed bull or
female, two hundred dollars for any grade dairy breed female
or two hundred fifty dollars for any purebred registered dairy
breed bull or female.))
[Statutory Authority: RCW 16.36.040. 99-09-025, § 16-86-092, filed 4/15/99, effective 5/16/99. Statutory Authority: RCW 16.36.096. 86-08-055 (Order 1879), § 16-86-092, filed 3/28/86. Statutory Authority: Chapters 16.36 and 16.40 RCW. 79-11-096 (Order 1660), § 16-86-092, filed 10/26/79.]
(((2))) (a) All vaccinations must be ((done)) performed
by a licensed accredited veterinarian or federal or state
employed veterinarian and are not official until they are
reported to the department. ((Vaccinated animals must be
permanently identified as vaccinates by a vaccination tattoo
in the right ear. An official vaccination ear tag or registry
tattoo shall be used for individual animal identification.))
(b) Veterinarians must record all vaccinations in a ledger that records the owner of the animal, tag numbers, and the date of vaccination. These records must be maintained for seven years.
(2) Official calfhood vaccinates must be:
(a) Permanently identified by official vaccination eartag (orange tag); and
(b) Vaccinated with 2cc subcutaneous RB-51 Brucella vaccine and permanently identified as vaccinates by a vaccination tattoo in the right ear. For strain RB-51 calfhood vaccination, the tattoo consists of an R, the United States registered V-shield, and the last digit of the year of vaccination.
(3) ((Brucellosis vaccinations are not official until
they are reported to the department on official, completed and
signed forms.)) Official mature vaccinates (over twelve months
of age) must have prevaccination blood samples for brucellosis
submitted on USDA form number VS4-33 to the office of the
state veterinarian. An official mature vaccinate must be:
(a) Vaccinated with 0.25cc subcutaneous RB-51 Brucella vaccine;
(b) Permanently identified by an official USDA identification (silver tag) and a USDA brucellosis vaccination tag (orange tag); and
(c) Permanently identified as a vaccinate by a vaccination tattoo in the right ear. For strain RB-51 mature vaccination, the tattoo consists of an M, the United States registered V-shield, and the last digit of the year of vaccination.
[Statutory Authority: RCW 16.36.040. 99-09-025, § 16-86-095, filed 4/15/99, effective 5/16/99. Statutory Authority: RCW 16.36.040 and 16.36.050. 88-05-003 (Order 1964), § 16-86-095, filed 2/5/88. Statutory Authority: Chapter 16.36 RCW. 84-08-037 (Order 1814), § 16-86-095, filed 3/30/84. Statutory Authority: Chapters 16.36 and 16.40 RCW. 81-10-049 (Order 1732), § 16-86-095, filed 5/1/81, effective 7/1/81; 79-09-076 (Order 1642), § 16-86-095, filed 8/30/79.]
Q FEVER(2) Any additions to the herd must be tested negative for Q fever within thirty days before introduction into the herd.
(3) Herds must be tested negative annually to maintain the dairy's raw milk license.
(4) The state veterinarian shall direct all testing procedures in accordance with state and federal standards for animal disease eradication.
(5) All raw milk and raw milk products from animals that test positive for Q fever are prohibited from sale and must be destroyed or pasteurized according to industry standards.
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TUBERCULOSISwww.aphis.usda.gov/animal_health/animal_diseases/tuberculosis/downloads/tb-umr.pdf.
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(2) Any additions to the herd must be tested negative for tuberculosis within thirty days before introduction into the herd.
(3) Herds must be tested negative annually to maintain the dairy's raw milk license.
(4) The state veterinarian shall direct all testing procedures in accordance with state and federal standards for animal disease eradication.
(5) All raw milk and raw milk products from animals that test positive for tuberculosis are prohibited from sale and must be destroyed.
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(2) Herds in which no gross lesions reactors occur and in which no evidence of Mycobacterium bovis infection has been disclosed may be released from quarantine after a sixty-day negative caudal fold tuberculosis retest of the entire herd.
Herds containing one or more suspects to the caudal fold tuberculosis test will be quarantined until the suspect animals are:
(a) Retested by the comparative-cervical tuberculosis test within ten days of the caudal fold injection; or
(b) Retested by the gamma interferon tuberculosis test and the tuberculosis status of the suspect has been determined; or
(c) Retested by the comparative-cervical tuberculosis test after sixty days and the tuberculosis status of the suspect has been determined; or
(d) Shipped under permit directly to slaughter in accordance with state or federal laws and regulations and the tuberculosis status of the suspect has been determined.
(3) Herds in which Mycobacterium bovis infection has been confirmed and the herd has not been depopulated will remain under quarantine and must pass two tuberculin tests at intervals of at least sixty days and one additional test after six months from the previous negative test. Following the release from quarantine, these herds will also be subject to five annual tests on the entire herd.
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(2) As provided for under RCW 16.36.096, subject to the availability of amounts appropriated for this specific purpose, owners, individuals, partnerships, corporations or other legal entities whose animals have been slaughtered or destroyed by order of the director may be eligible for indemnification in an amount not to exceed seventy-five percent of the appraised or salvage value of the animal ordered slaughtered or destroyed.
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The following sections of the Washington Administrative
Code are decodified as follows:
| Old WAC Number | New WAC Number |
| 16-86-020 | 16-86-013 |
| 16-86-095 | 16-86-025 |
The following sections of the Washington Administrative Code are repealed:
| WAC 16-86-030 | Sale of quarantined animals. |
| WAC 16-86-050 | Disinfecting premises. |
| WAC 16-86-055 | Disinfecting vehicles. |
| WAC 16-86-060 | Sale of brucellosis reactors. |
| WAC 16-86-070 | Sale of tuberculosis reactors. |
| WAC 16-86-080 | Branding and tagging of tuberculosis reactors. |
| WAC 16-86-090 | Branding and tagging of brucellosis reactors. |