WSR 17-09-077 PROPOSED RULES DEPARTMENT OF AGRICULTURE [Filed April 19, 2017, 8:21 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-05-099.
Title of Rule and Other Identifying Information: Chapter 16-54 WAC, Animal importation.
Hearing Location(s): Department of Agriculture (WSDA), Conference Room 259, 1111 Washington Street S.E., Olympia, WA 98504, on May 24, 2017, at 9:00 a.m.; and at WSDA, Conference Room 238, 21 North First Avenue, Yakima, WA 98902, on May 24, 2017, at 2:00 p.m.
Date of Intended Adoption: June 16, 2017.
Submit Written Comments to: Henri Gonzales, P.O. Box 42560, Olympia, WA 98504-2560, email WSDARulesComments@agr.wa.gov, fax (360) 902-2092, by 5:00 p.m., May 24, 2017.
Assistance for Persons with Disabilities: Contact WSDA receptionist by May 19, 2017, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department proposes to amend chapter 16-54 WAC to:
Reasons Supporting Proposal: Changing the requirement from thirty days to sixty days for rams to be tested negative for brucella ovis will allow for more flexibility for producers to attend multiple sales and/or shows prior to retesting. The Washington State Sheep Producers petitioned the department to repeal the requirement that black face sheep imported for breeding purposes must be genetically tested before entry to be QR or RR at the 171 codon. This repeal is necessary because most sheep producers are no longer breeding QQ. Washington, Idaho, and Oregon have identified EIA horses in all three states and collectively have chosen to remove the test exemption in all three states. Old world primates, gibbons, and great apes are not subject to M. bovis testing because M. bovis is not seen in nonhuman primates.
Statute Being Implemented: Chapter 16.36 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: WSDA, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Dr. Brian Joseph, Olympia, (360) 902-1881; and Enforcement: Bryant Blake, Spokane, (509) 607-0687.
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. WSDA is not a listed agency in RCW 34.05.328 (5)(a)(i).
April 19, 2017
Lynn M. Briscoe
Assistant Director
AMENDATORY SECTION (Amending WSR 16-23-108, filed 11/18/16, effective 12/19/16)
WAC 16-54-071 Domestic equine and equine reproductive products—Importation requirements.
Import health requirements.
(1)(a) In addition to the other requirements of this chapter, all domestic equine and equine reproductive products entering Washington state must be accompanied by a certificate of veterinary inspection.
(b) Equine vaccinated against equine viral arteritis (EVA) must be accompanied by a vaccination certificate.
(c) Reproductive products from donors that test positive for EVA must be accompanied by an application and entry permit.
(d) Domestic equine from the western states of Oregon, Idaho, California, Nevada, Utah, Arizona, Montana, Wyoming, Colorado, and New Mexico may enter Washington state for shows, rides, or other events either with a certificate of veterinary inspection or with a document similar to the Equine Certificate of Veterinary Inspection and Movement Permit. Individual trips cannot exceed ninety days.
(e) An itinerary of interstate travel must be filed with the department within fourteen days of the expiration of the movement permit.
(2) All certificates and forms may be obtained from and sent to:
Washington State Department of Agriculture
Animal Services Division
1111 Washington Street S.E.
P.O. Box 42577
Olympia, Washington 98504-2577
Email: ahealth@agr.wa.gov
Fax: 360-902-2087.
Import test requirements.
Equine infectious anemia (EIA).
(3) All domestic equine, except foals under six months of age accompanying their negative tested dams, must have a negative test for equine infectious anemia (EIA) within twelve months before entering Washington state.
((Exemptions to EIA test requirements.
(4) Domestic equine moving to Washington from Idaho or Oregon are excluded from EIA test requirements.))
Equine viral arteritis (EVA).
(((5))) (4) Intact males over six months of age and equine reproductive products from donors that test positive for EVA may enter Washington state only if accompanied by an entry permit and a statement on the certificate of veterinary inspection verifying that the consignee:
(a) Has been advised of the positive antibody test results and the associated risks of EVA infection;
(b) Agrees to follow the recommendations of the Office International des Epizooties of the World Organization of Animal Health regarding EVA and USDA recommendations found in the Equine Viral Arteritis Uniform Methods and Rules, effective April 19, 2004; and
(c) Consents to the shipment.
(((6))) (5) Intact males that test antibody positive for EVA are required to have an entry permit and may be subject to quarantine or a hold order.
(((7))) (6) Equine semen and embryos require an entry permit and must originate from donors that have proof of vaccination or a negative antibody test for EVA during the current breeding season.
(((8))) (7) Equine semen and embryos from antibody positive donors must be used or implanted only in vaccinated or seropositive mares. These mares must be isolated for twenty-one days following insemination or implantation.
(((9))) (8) Additional testing for EVA may be required during emergency disease conditions declared by the director.
Piroplasmosis.
(((10))) (9) Any equine that has ever tested positive for piroplasmosis may not enter Washington state.
(((11))) (10) Any equine that has originated from a country or state where piroplasmosis is endemic must be negative to a C-ELISA test within thirty days before entry into Washington state, and are subject to a quarantine order upon arrival and retested within sixty to ninety days. Horses that test positive on the post-arrival C-ELISA test are not permitted to remain in the state and must be removed.
AMENDATORY SECTION (Amending WSR 15-02-025, filed 12/30/14, effective 1/30/15)
WAC 16-54-101 Sheep—Importation and testing requirements.
Import health requirements.
(1) A certificate of veterinary inspection must accompany all sheep entering Washington state. The certificate of veterinary inspection must state that the sheep:
(a) Are clinically free from the signs of infectious diseases, including footrot, sore mouth, and caseous lymphadenitis; and
(b) Originated from a flock in which scrapie has not been diagnosed in the past five years or are from a flock enrolled in the USDA Voluntary Scrapie Flock Certification Program described in Title 9 C.F.R. Part 54 (January 1, 2014);
(c) Are officially identified with official individual identification. Sheep required to be officially individually identified include:
(i) All breeding sheep;
(ii) All sexually intact sheep imported for exhibition;
(iii) All sheep over eighteen months of age.
Import test requirements.
(2) All breeding rams over six months of age require an entry permit.
(3) The certificate of veterinary inspection must state that the rams:
(a) Tested negative on an ELISA test for Brucella ovis within ((thirty)) sixty days before entering Washington state; and
(b) Are palpated and certified free of any evidence of epididymitis; and
(c) Are individually identified with an official individual identification. Each ram's official individual identification number, test results, and the date of the test must be entered on the certificate of veterinary inspection accompanying the animal.
(((4) Any purebred rams of Suffolk, Hampshire, Shropshire, Southdown or Montadale descent, or cross thereof; any nonpurebred rams known to have Suffolk, Hampshire, Shropshire, Southdown or Montadale ancestors; and any nonpurebred rams of unknown ancestry with a black face, except for hair sheep, may enter Washington state for breeding purposes if they are determined by genetic testing before entry to be QR or RR at the 171 codon. Hair sheep known to have Suffolk, Hampshire, Shropshire, Southdown or Montadale ancestors are considered blackface sheep.))
Exemptions to import health and test requirements.
(((5))) (4) Sheep entering Washington for show or exhibition purposes and returning to their home state are exempt from testing requirements. A certificate of veterinary inspection is required.
(((6))) (5) Sheep entering Washington state for immediate slaughter at a federally inspected slaughter facility are exempt from the certificate of veterinary inspection and testing requirements.
(((7))) (6) Official individual identification is not required on slaughter sheep less than eighteen months of age.
AMENDATORY SECTION (Amending WSR 16-23-108, filed 11/18/16, effective 12/19/16)
WAC 16-54-180 Wild and exotic animals—Importation and testing requirements.
Import health requirements.
(1) Wild and exotic animals entering Washington state must be accompanied by a certificate of veterinary inspection issued by an accredited veterinarian licensed in the state of origin, or accompanied by an international certificate of health unless the animals are prohibited under chapter 16.30 RCW or 232-12 WAC.
(2) All wild and exotic animals must be accompanied by an entry permit.
Import test requirements.
(3) Brucellosis: Within thirty days before entering Washington state, negative serologic testing must be conducted on the following categories of captive wild or exotic animals that are more than six months of age:
Table 1.
Wild and exotic animals that must be tested for brucellosis
(4) Tuberculosis (Mycobacterium bovis and Mycobacterium tuberculosis):
(a) Animals less than six months of age that are nursing negative tested dams may be excluded from tuberculosis test requirements.
(b) Within thirty days before entering Washington state, the animals listed in the following table must test negative for M. bovis and M. tuberculosis by a skin test or other approved test that follows federal tuberculosis protocols:
Table 2.
Wild and exotic animals that must be tested for tuberculosis
(c) Cervidae, such as elk, deer, caribou, moose, and reindeer ((and Giraffidae, such as giraffe and okapi,)) must be from herds not known to be infected with, exposed to, or affected by tuberculosis. They must also test negative for M. bovis using the testing requirements defined in Title 9 C.F.R. Part 77.33 (January 1, 2014).
(d) For all captive wild or exotic animals not listed in Table 2 of this section, the following statement signed by the animal's owner or agent must be placed on the official certificate of veterinary inspection:
"To my knowledge, the animals listed on this certificate are not infected with tuberculosis and have not been exposed to animals infected with tuberculosis during the past twelve months."
(5) Pseudorabies: All wild swine imported for zoos, exhibitions or to a research facility must test negative for pseudorabies no more than thirty days before entry into Washington state and must be held in quarantine for thirty to sixty days pending a postentry retest.
(6) Equine infectious anemia: All wild horses, donkeys, and hybrids of the family Equidae must test negative on an approved test for equine infectious anemia no more than six months before entry into Washington state.
(7) Elaphostrongylinae (Parelophostrongylus tenvis (meningeal worm) and Elaphostrongylus cervis (muscle worm)): Before entering Washington state, all Cervidae must be examined for Elaphostrongylinae infection in the absence of anthelminthic treatment that could mask detection of the parasite.
(a) All Cervidae residing for at least six months west of a line through the eastern boundaries of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas or geographical boundaries as otherwise designated by the state veterinarian must have a negative fecal exam for dorsal-spined larvae made by an approved laboratory using the Baermann technique. Animals must be certified that they have not been treated with or exposed to anthelminthics for at least thirty days before testing.
(b) All Cervidae residing for less than six months west of a line through the eastern boundaries of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas or geographical boundaries as otherwise designated by the state veterinarian or from east of that line must be held in a preentry quarantine for thirty to sixty days and have two fecal tests for dorsal-spined larvae made by an approved laboratory using the Baermann technique.
(i) The first test must be conducted at least thirty days and not more than forty days before the second test.
(ii) Fecal samples of at least thirty grams per sample are to be collected by an accredited veterinarian from the animal's rectum and identified by the animal's official identification number.
(iii) During the thirty-day testing period, test animals must be held in quarantine and isolated from all other Cervidae not included in the shipment.
(iv) If any animal tests positive to either of the two fecal tests, neither that animal nor any other animal held in quarantine with the infected animal may be imported into Washington state.
(c) All imported Cervidae must be held for one hundred eighty days in an on-site quarantine and be available for inspection by the director during this time.
(d) Every thirty, sixty, ninety, one hundred twenty, one hundred fifty, and one hundred eighty days after arrival, fecal samples from the animals must be tested by the Baermann technique in an approved laboratory and be found negative for dorsal-spined larvae. Animals that test positive for dorsal-spined larvae must either be removed from Washington state or destroyed.
(e) To prevent the presence of the gastropod intermediate hosts of Elaphostrongylinae larvae, the quarantine site must be prepared and inspected before the imported animals enter. Preparation includes:
(i) Providing a hard surface, such as asphalt or concrete, on which to keep the animals;
(ii) Spraying the quarantine area with an EPA-registered molluscicide; and
(iii) Spraying a four-meter wide tract around the perimeter of the holding compound with an EPA-registered molluscicide. This perimeter tract must be treated once every five days and within twenty-four hours of precipitation (10 mm or more) to ensure that the gastropod population is kept to zero within the compound.
(8) Rabies: Any carnivorous mammal taken from the wild is prohibited from entering Washington state if rabies has been diagnosed in the state of origin during the past twelve months.
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