WAC 16 610 CHAPTER 61016VI

User Manual: 61016VI

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(10/5/12) [Ch. 16-610 WAC p. 1]
Chapter 16-610 Chapter 16-610 WAC
LIVESTOCK BRAND INSPECTION
(Formerly chapter 16-607 WAC)
WAC
16-610-005 Definitions.
LIVESTOCK IDENTIFICATION ADVISORY BOARD
16-610-010 Livestock identification advisory board.
16-610-012 Livestock identification advisory board—Length of
term.
16-610-013 Livestock identification advisory board—Vacancies.
GENERAL PROVISIONS
16-610-015 Certificate of permit.
16-610-016 Self-inspection certificates issued prior to June 10,
2010.
16-610-018 Proof of ownership documents.
16-610-020 Cattle inspections for brands or other proof of owner-
ship.
16-610-025 Horse inspections for brands or other proof of owner-
ship.
16-610-035 Inspections for cattle and horses moving out of Wash-
ington state.
16-610-045 Cattle inspections at certified feedlots and slaughter
plants.
16-610-050 Cattle inspections for private transactions.
16-610-053 Physical address requirements.
16-610-055 Ownership disputes.
VETERINARIAN CERTIFICATION
16-610-060 Veterinarian certification.
16-610-062 Veterinarian certification—Suspension and revocation.
FEES
16-610-065 Livestock identification fees.
16-610-066 Replacement copies of brand inspection documents.
BRANDS
16-610-070 Renewal of recorded brands.
16-610-075 Livestock heritage brands.
16-610-080 Freeze branding.
16-610-085 Production brands.
PENALTIES
16-610-095 Penalty schedule for notices of infraction.
CUSTOM SLAUGHTERING
16-610-100 Identification of custom slaughtered animals.
CERTIFIED FEEDLOTS
16-610-115 Certified feedlots—Application inspection.
PUBLIC LIVESTOCK MARKETS
16-610-120 Public livestock markets—Identification requirements.
16-610-122 Release of cattle and horses from public livestock mar-
kets.
16-610-125 Public livestock market livestock inspection facilities.
16-610-130 Public livestock market scales.
16-610-135 Failure to conduct a sale on an allocated sale day.
16-610-140 Approval of special sales and open consignment horse
sales.
16-610-145 Requirements for farmers cooperative associations and
associations of livestock breeders holding special
sales.
DISPOSITION OF SECTIONS FORMERLY
CODIFIED IN THIS CHAPTER
16-610-011 Who can serve on the livestock identification advisory
board? [Statutory Authority: Chapters 16.57, 16.58,
16.65, and 34.05 RCW. WSR 04-01-171, § 16-610-011,
filed 12/23/03, effective 1/23/04.] Repealed by WSR
07-14-057, filed 6/28/07, effective 7/29/07. Statutory
Authority: Chapters 16.57, 16.58, 16.65 and 34.05
RCW.
16-610-090 Can production brands be used to identify beef cattle?
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and
34.05 RCW. WSR 04-01-171, § 16-610-090, filed
12/23/03, effective 1/23/04.] Repealed by WSR 07-14-
057, filed 6/28/07, effective 7/29/07. Statutory Author-
ity: Chapters 16.57, 16.58, 16.65 and 34.05 RCW.
16-610-092 What style of numbers must be used for production
brands? [Statutory Authority: Chapters 16.57, 16.58,
16.65, and 34.05 RCW. WSR 04-01-171, § 16-610-092,
filed 12/23/03, effective 1/23/04.] Repealed by WSR
07-14-057, filed 6/28/07, effective 7/29/07. Statutory
Authority: Chapters 16.57, 16.58, 16.65 and 34.05
RCW.
16-610-094 Are production brands recorded with the director? [Stat-
utory Authority: Chapters 16.57, 16.58, 16.65, and
34.05 RCW. WSR 04-01-171, § 16-610-094, filed
12/23/03, effective 1/23/04.] Repealed by WSR 07-14-
057, filed 6/28/07, effective 7/29/07. Statutory Author-
ity: Chapters 16.57, 16.58, 16.65 and 34.05 RCW.
16-610-105 Are certificates of permit required for custom slaugh-
tered cattle? [Statutory Authority: Chapters 16.57,
16.58, 16.65, and 34.05 RCW. WSR 04-01-171, § 16-
610-105, filed 12/23/03, effective 1/23/04.] Repealed by
WSR 07-14-057, filed 6/28/07, effective 7/29/07. Statu-
tory Authority: Chapters 16.57, 16.58, 16.65 and 34.05
RCW.
16-610-110 Can a custom meat facility accept carcasses of cattle
slaughtered by the cattle owner? [Statutory Authority:
Chapters 16.57, 16.58, 16.65, and 34.05 RCW. WSR
04-01-171, § 16-610-110, filed 12/23/03, effective
1/23/04.] Repealed by WSR 07-14-057, filed 6/28/07,
effective 7/29/07. Statutory Authority: Chapters 16.57,
16.58, 16.65 and 34.05 RCW.
16-610-124 What if cattle and horses consigned to a public livestock
market are not sold? [Statutory Authority: Chapters
16.57, 16.58, 16.65, and 34.05 RCW. WSR 04-01-171,
§ 16-610-124, filed 12/23/03, effective 1/23/04.]
Repealed by WSR 07-14-057, filed 6/28/07, effective
7/29/07. Statutory Authority: Chapters 16.57, 16.58,
16.65 and 34.05 RCW.
16-610-005
WAC 16-610-005 Definitions. In addition to the defini-
tions found in RCW 16.57.010, 16.58.020, and 16.65.010,
the following definitions apply to this chapter:
"Association of livestock breeders" means any prop-
erly incorporated association whose membership is made up
of livestock breeders.
"Beef commission assessment point" means a person
or business, as designated by the Washington state beef com-
mission, required to collect and submit the mandatory per-
head beef promotional fees directly to the commission when
the sale of cattle occurs.
"Beef promotion fee" means the mandatory state
and/or federal beef commission assessment fee under RCW
16.67.120 and 16.67.122 that is collected on each head of cat-
tle at the time of sale.
"Farmers cooperative association" means any cooper-
ative association of livestock producers. Farmers cooperative
association does not include livestock youth organizations
such as 4-H, FFA, or other junior livestock groups.
16-610-010 Livestock Brand Inspection
[Ch. 16-610 WAC p. 2] (10/5/12)
"Livestock heritage brand" means a designation given
to a brand that has been deactivated by the recorded owner. A
heritage brand may not be applied to livestock.
"Market" means a public livestock market as defined in
RCW 16.65.010(1).
"Special sale" means a public sale conducted by an
individual, youth organization, livestock breeders associa-
tion, or farmers cooperative association on a seasonal or
occasional basis.
"USDA" means the United States Department of Agri-
culture.
[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR
07-14-057, § 16-610-005, filed 6/28/07, effective 7/29/07; WSR 04-01-171,
§ 16-610-005, filed 12/23/03, effective 1/23/04.]
LIVESTOCK IDENTIFICATION ADVISORY BOARD
16-610-010
WAC 16-610-010 Livestock identification advisory
board. (1) The livestock identification advisory board is
established in RCW 16.57.015 for the purpose of advising the
director regarding:
(a) Livestock identification programs administered
under chapter 16.57 RCW and these rules;
(b) Inspection fees; and
(c) Related licensing fees.
(2) The board is appointed by the director and is com-
posed of six members representing beef producers, public
livestock market operators, horse owners, dairy farmers, cat-
tle feeders, and meat processors. The director is an ex officio
member of the advisory board.
(3) The board must elect a member to serve as board
chair. The board chair, or the chair's designee, is responsible
for organizing and conducting board meetings.
(4) The board must meet with the director at least once a
year to offer its advice. Additional meetings may be held at
the request of the director or a majority of the board's mem-
bership.
(5) Livestock identification advisory board members
must be residents of the state of Washington and actively
engaged in the industry they represent.
[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR
07-14-057, § 16-610-010, filed 6/28/07, effective 7/29/07; WSR 04-01-171,
§ 16-610-010, filed 12/23/03, effective 1/23/04.]
16-610-012
WAC 16-610-012 Livestock identification advisory
board—Length of term. (1) Advisory board members serve
staggered three-year terms. Terms begin on July 1 and end on
June 30.
(2) Positions are numbered one through six as follows:
(a) Position one - Beef producers;
(b) Position two - Public livestock market operators;
(c) Position three - Horse owners;
(d) Position four - Dairy farmers;
(e) Position five - Cattle feeders; and
(f) Position six - Meat processors.
[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR
07-14-057, § 16-610-012, filed 6/28/07, effective 7/29/07; WSR 04-01-171,
§ 16-610-012, filed 12/23/03, effective 1/23/04.]
16-610-013
WAC 16-610-013 Livestock identification advisory
board—Vacancies. (1) To fill a vacancy resulting from an
expired term, the director must solicit nominations from
affected statewide industry groups. Nominations from indus-
try groups must be submitted to the director before May 1 of
the year in which the term expires. If a nomination is not
received for a vacant position, the director may appoint a
qualified person to fill that position.
(2) The director may fill, for the unexpired portion of a
term, vacancies that occur before a term expires. When such
vacancies occur, advisory board members and the presidents
of affected statewide industry groups may submit names to
the director for consideration.
[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR
07-14-057, § 16-610-013, filed 6/28/07, effective 7/29/07; WSR 04-01-171,
§ 16-610-013, filed 12/23/03, effective 1/23/04.]
GENERAL PROVISIONS
16-610-015
WAC 16-610-015 Certificate of permit. (1) A certifi-
cate of permit (WSDA form #7020), commonly known as a
"transportation permit" or a "haul slip," must accompany
livestock:
(a) In transit (cattle);
(b) Consigned to a public livestock market, special sale,
or livestock processing facility; or
(c) Upon entry into a certified feedlot (cattle).
(2) The certificate of permit may not be used as a bill of
sale for cattle.
(3) A certificate of permit may be purchased by contact-
ing the department at 360-902-1855. The price is $1.00 for a
book of twenty-five.
(4) The certificate of permit must include:
(a) Owner's name and address;
(b) Livestock breed;
(c) Sex of the animal;
(d) Brand or other methods of livestock identification;
and
(e) Any other information that the director considers nec-
essary.
[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR
07-14-057, § 16-610-015, filed 6/28/07, effective 7/29/07; WSR 04-01-171,
§ 16-610-015, filed 12/23/03, effective 1/23/04.]
16-610-016
WAC 16-610-016 Self-inspection certificates issued
prior to June 10, 2010. (1) A self-inspection certificate was
used for cattle inspections involving twenty-five head or less
at the point of private sale, trade, gifting, barter, or any other
action not in connection with a public livestock market that
constitutes a change of ownership.
(2) Self-inspection certificates completed after June 10,
2010, are not satisfactory proof of ownership for cattle. Self-
inspection certificates completed prior to June 10, 2010, will
be accepted as satisfactory proof of ownership of cattle if:
(a) The self-inspection certificate was completed and
signed by the buyer and seller. The original completed copy
of the certificate must accompany the cattle.
(b) The buyer must provide, at the time of reinspection,
additional proof of ownership documentation for all cattle
bearing brands not recorded to the seller listed on the self-
inspection certificate.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. WSR
10-21-016, § 16-610-016, filed 10/7/10, effective 11/7/10; WSR 07-14-057,
Livestock Brand Inspection 16-610-035
(10/5/12) [Ch. 16-610 WAC p. 3]
§ 16-610-016, filed 6/28/07, effective 7/29/07; WSR 04-01-171, § 16-610-
016, filed 12/23/03, effective 1/23/04.]
16-610-018
WAC 16-610-018 Proof of ownership documents. (1)
Proof of ownership for cattle and horses may be established
at the time of a livestock inspection by presenting one of the
following documents:
(a) An official livestock inspection certificate issued by
the director.
(b) A duplicate certificate or certified copy of an original
inspection document issued by the director.
(c) For cattle only, a self-inspection certificate com-
pleted prior to June 10, 2010, and any other information
required in WAC 16-610-016.
(d) An official inspection certificate issued by another
state or province that maintains a livestock inspection pro-
gram.
(e) Registration papers on purebred horses.
(f) Registration papers on purebred cattle if the brand is
not recorded in this state.
(g) For horses only, a bill of sale. Department form
#7092 Equine Bill of Sale may be used and may be purchased
by contacting the department at 360-902-1855. The purchase
price of an Equine Bill of Sale is $1.00 for a book of twenty-
five.
(h) A certificate of veterinary inspection issued by a state
that does not maintain a livestock inspection program. Vacci-
nation/test tags and the animal description must be verifiable
and match the document.
(2) Only original inspection certificates, official dupli-
cate certificates, or certified copies of inspection certificates
are acceptable. The name of the livestock owner must appear
on the document that is submitted. Carbon copies, faxed cop-
ies or photocopies will not be accepted except for registration
papers on purebred livestock.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. WSR
10-21-016, § 16-610-018, filed 10/7/10, effective 11/7/10; WSR 07-14-057,
§ 16-610-018, filed 6/28/07, effective 7/29/07; WSR 04-01-171, § 16-610-
018, filed 12/23/03, effective 1/23/04.]
16-610-020
WAC 16-610-020 Cattle inspections for brands or
other proof of ownership. (1) All cattle must be inspected
for brands or other proof of ownership:
(a) Before being moved out of Washington state, unless
the provisions of WAC 16-610-035(2) apply.
(b) When offered for sale at any public livestock market
or special sale approved by the director.
(c) Upon delivery to any cattle processing plant where
the United States Department of Agriculture maintains a
meat inspection program, unless the cattle:
(i) Originate from a certified feedlot; or
(ii) Are accompanied by an inspection certificate issued
by the director, or a veterinarian certified by the director, or
an agency in another state or Canadian province authorized
by law to issue such a certificate.
(2) All cattle entering or reentering any certified feedlot
licensed under chapter 16.58 RCW must be inspected for
brands or other proof of ownership before commingling with
other cattle unless the cattle are accompanied by an inspec-
tion certificate issued by the director, or a veterinarian certi-
fied by the director, or an agency in another state or Canadian
province authorized by law to issue such a certificate.
(3) All cattle must be inspected for brands or other proof
of ownership at any point of private sale, trade, gifting, bar-
ter, or any other action that constitutes a change of owner-
ship, except for individual private sales of unbranded female
dairy breed cattle involving fifteen head or less. For transac-
tions involving cattle not being moved or transported out of
Washington state:
(a) Cattle must be presented for an inspection within fif-
teen days from the date of the initial transaction. It shall be
the responsibility of the seller to notify the department imme-
diately that a sale has occurred. It shall be the responsibility
of the buyer to present the animals for inspection.
(b) Cattle sold for 4-H and FFA youth projects are
exempt from the fifteen day inspection requirement and can
be inspected, if not prior, when consigned to a terminal show.
(4) Exemptions from mandatory inspections do not
exempt cattle sellers from paying beef promotion fees owed
to the Washington state beef commission under chapter 16.67
RCW.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. WSR
10-21-016, § 16-610-020, filed 10/7/10, effective 11/7/10; WSR 07-14-057,
§ 16-610-020, filed 6/28/07, effective 7/29/07; WSR 04-01-171, § 16-610-
020, filed 12/23/03, effective 1/23/04.]
16-610-025
WAC 16-610-025 Horse inspections for brands or
other proof of ownership. All horses must be inspected for
brands or other proof of ownership:
(1) Before being moved out of Washington state, unless
the provisions of WAC 16-610-035 apply.
(2) When offered for sale at any public livestock market
or special sale approved by the director.
(3) When offered for sale at any special open consign-
ment horse sale as defined in RCW 16.65.010.
(4) At any special sale where horses of more than one
owner are offered for sale.
[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR
07-14-057, § 16-610-025, filed 6/28/07, effective 7/29/07; WSR 04-01-171,
§ 16-610-025, filed 12/23/03, effective 1/23/04.]
16-610-035
WAC 16-610-035 Inspections for cattle and horses
moving out of Washington state. (1) Except as provided in
subsection (2) of this section, all cattle and horses must be
inspected by the director or a certified veterinarian for brands
or other proof of ownership before being moved out of Wash-
ington state.
(2) Exceptions:
(a) Cattle and horses may be moved out of Washington
state without inspection when they are destined for a public
livestock market in another state where brand inspection is
performed by Washington state department of agriculture
inspectors or an agent according to an agreement with the
other state.
(b) Cattle and horses moving out of Washington state to
public livestock markets must be accompanied by a certifi-
cate of permit showing that the livestock are destined for and
are being transported directly to the designated out-of-state
inspection point. The certificate of permit is not valid for
transportation to any point other than the designated inspec-
tion point.
16-610-045 Livestock Brand Inspection
[Ch. 16-610 WAC p. 4] (10/5/12)
[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR
07-14-057, § 16-610-035, filed 6/28/07, effective 7/29/07; WSR 04-01-171,
§ 16-610-035, filed 12/23/03, effective 1/23/04.]
16-610-045
WAC 16-610-045 Cattle inspections at certified feed-
lots and slaughter plants. Inspections of cattle required
under WAC 16-610-020 (1)(c) or 16-610-020(2) and at any
other beef commission assessment collection point must be
conducted by the director.
[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR
07-14-057, § 16-610-045, filed 6/28/07, effective 7/29/07; WSR 04-01-171,
§ 16-610-045, filed 12/23/03, effective 1/23/04.]
16-610-050
WAC 16-610-050 Cattle inspections for private
transactions. Inspections of cattle required under WAC 16-
610-020(3) may be conducted by:
(1) The director; or
(2) Veterinarians certified by the director.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. WSR
10-21-016, § 16-610-050, filed 10/7/10, effective 11/7/10;07-14-057, § 16-
610-050, filed 6/28/07, effective 7/29/07; WSR 04-01-171, § 16-610-050,
filed 12/23/03, effective 1/23/04.]
16-610-053
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 deliv-
ered 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 deter-
mined due to no physical address assigned by the appropriate
county jurisdiction or local emergency services, the follow-
ing can be used:
(a) Descriptive driving directions to the physical location
of where the cattle or horse(s) is being transported and deliv-
ered 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 destina-
tion physical address may result in a civil infraction per WAC
16-610-095.
[Statutory Authority: Chapters 16.57 and 34.05 RCW. WSR 12-02-068, §
16-610-053, filed 1/3/12, effective 2/3/12.]
16-610-055
WAC 16-610-055 Ownership disputes. The director
may review or investigate any verified complaint involving
disputed ownership that is filed with the director.
[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR
07-14-057, § 16-610-055, filed 6/28/07, effective 7/29/07; WSR 04-01-171,
§ 16-610-055, filed 12/23/03, effective 1/23/04.]
VETERINARIAN CERTIFICATION
16-610-060
WAC 16-610-060 Veterinarian certification. (1) The
director may certify veterinarians, who are licensed and
accredited in Washington state and who comply with the
requirements of this section, to issue livestock inspection cer-
tificates.
(2) Veterinarians licensed and accredited in Washington
state who wish to issue inspection certificates for livestock
must apply for certification on the department's application
form (WSDA form #7028). The application must include the
following:
(a) The full name and principal business address of the
individual applying for certification;
(b) The applicant's Washington state veterinary license
number;
(c) The geographic area in which the applicant will issue
inspection certificates for livestock;
(d) A statement describing the applicant's experience
with large animals, especially cattle and horses;
(e) A brief statement indicating that the applicant is
requesting certification to issue inspection certificates for cat-
tle, horses or both;
(f) The signature of the applicant; and
(g) Any other additional information as requested by the
director.
(3) All applications must be accompanied by a check or
money order for the amount of the certification fee of thirty-
five dollars per applicant.
(4) Certifications expire on the third December 31st fol-
lowing the date of issuance. For example, if a certificate was
issued on October 14, 2003, it would expire on December 31,
2005. All applications for renewal of certification must be
submitted on AGR Form 930-7089 and accompanied by a
check or money order for the amount of the certification fee
of thirty-five dollars per applicant.
(5) All veterinarians applying for certification or renewal
of certification must successfully complete department-pro-
vided training. The department will provide to each person
applying for certification or renewal of certification a copy of
the most current brand book and any supplements issued to
date. Training will include, but will not be limited to, the:
(a) Reading of printed brands;
(b) Reading of brands or other marks on animals;
(c) Completion of official documents; and
(d) Review of satisfactory ownership documents.
(6) The director will maintain a list of veterinarians cer-
tified to perform livestock inspections. Interested parties may
request a copy of the list from the department by calling 360-
902-1855.
(7) Inspections by certified veterinarians are conducted
upon request and provided at the discretion of the veterinar-
ian.
(8) Certified veterinarians must submit all required
inspection fees to the director and copies of each inspection
certificate within thirty days of the date of issue.
Livestock Brand Inspection 16-610-065
(10/5/12) [Ch. 16-610 WAC p. 5]
(9) The director may deny certification or renewal of cer-
tification to issue inspection certificates if the veterinarian
fails to meet the requirements of this section or knowingly
makes false or inaccurate statements regarding his or her
qualifications on the certification application.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. WSR
10-21-016, § 16-610-060, filed 10/7/10, effective 11/7/10; WSR 07-14-057,
§ 16-610-060, filed 6/28/07, effective 7/29/07; WSR 04-01-171, § 16-610-
060, filed 12/23/03, effective 1/23/04.]
16-610-062
WAC 16-610-062 Veterinarian certification—Sus-
pension and revocation. (1) The director may suspend or
revoke a veterinarian's certification to issue inspection certif-
icates if the veterinarian knowingly:
(a) Makes or acquiesces in false or inaccurate statements
on livestock inspection certificates regarding:
(i) The date or location of the inspection;
(ii) The marks or brands on the livestock inspected;
(iii) The owner's name; or
(iv) Any other statement about the livestock inspected.
(b) Fails to properly verify the ownership status of the
animal before issuing an inspection certificate.
(c) Issues an inspection certificate without actually con-
ducting an inspection of the livestock.
(d) Fails to submit inspection fees and certificates issued
to the director within thirty days from the date of issue.
(2) Actions under this section will be taken in accor-
dance with chapter 34.05 RCW.
[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR
07-14-057, § 16-610-062, filed 6/28/07, effective 7/29/07; WSR 04-01-171,
§ 16-610-062, filed 12/23/03, effective 1/23/04.]
FEES
16-610-065
WAC 16-610-065 Livestock identification fees. All
livestock identification inspection fees charged by the direc-
tor are specified in statute under RCW 16.57.220 but are
reproduced in this section for ease of reference.
For purposes of this section, the time and mileage fee
means seventeen dollars per hour and the current mileage rate
set by the office of financial management.
Certificate Fees:
Inspection Cer-
tificate - Cattle
(1) The livestock inspection fee for cattle
is $1.60 per head or the time and mileage
fee, whichever is greater, except:
The fee for livestock inspection for cattle
is $1.10 per head or the time and mileage
fee, whichever is greater, when cattle are
identified with a valid brand recorded to
the owner of the cattle in Washington.
The time and mileage fee may be waived
for private treaty transactions of ten head
or less of cattle bearing the sellers Wash-
ington recorded brand and special sales of
4-H, FFA, and junior/youth groups. The
time and milage waiver:
(a) Will be limited to twelve waivers
within a calendar year; and
(b) Does not apply to multiple sales to the
same buyer within a thirty-day period.
(2) The livestock inspection fee for cattle
is $4.00 per head for cattle delivered to a
USDA inspected slaughter facility with a
daily capacity of no more than five hun-
dred head of cattle.
(3) No inspection fee is charged for a calf
that is inspected prior to moving out-of-
state under an official temporary grazing
permit if the calf is part of a cow-calf unit
and the calf is identified with the owner's
Washington state-recorded brand.
Inspection Cer-
tificate - Horse
(4) The livestock inspection fee for horses
is $3.50 per head or the time and mileage
rate, whichever is greater, except:
Inspection Cer-
tificate -
Groups of
thirty or more
horses
(5) The livestock inspection fee for
groups of thirty or more horses is $2.00
per head or the time and mileage fee,
whichever is greater, if:
(a) The horses are owned by one individ-
ual; and
(b) The inspection is performed on one
date and at one location; and
(c) Only one certificate is issued.
Inspection Cer-
tificate - Mini-
mum fee
(6) The minimum fee for a livestock
inspection is $5.00. The minimum fee
does not apply to livestock consigned to
and inspected at a public livestock mar-
ket, special sale, or a cattle processing
plant.
Annual indi-
vidual identifi-
cation certifi-
cate for indi-
vidual animals
(7)(a) The livestock inspection fee for an
annual individual identification certifi-
cate for cattle and horses is $20.00 per
head or the time and mileage fee, which-
ever is greater.
(b) The livestock inspection fee for an
annual individual identification certifi-
cate for groups of thirty or more horses or
cattle is $5.00 per head or the time and
mileage fee, whichever is greater, if:
(i) The horses or cattle are owned by one
individual;
(ii) The inspection is performed on one
date and at one location; and
(iii) Only one certificate is issued.
Lifetime indi-
vidual identifi-
cation certifi-
cate
(8) A livestock inspection fee for a life-
time individual identification certificate
for horses and cattle is $60.00 per head or
the time and mileage fee, whichever is
greater.
[Statutory Authority: Chapters 16.57 and 34.05 RCW. WSR 12-21-013, §
16-610-065, filed 10/5/12, effective 11/5/12. Statutory Authority: Chapters
16.57, 16.58, 16.65, and 34.05 RCW. WSR 10-21-016, § 16-610-065, filed
Certificate Fees:
16-610-066 Livestock Brand Inspection
[Ch. 16-610 WAC p. 6] (10/5/12)
10/7/10, effective 11/7/10;07-14-057, § 16-610-065, filed 6/28/07, effective
7/29/07; WSR 04-01-171, § 16-610-065, filed 12/23/03, effective 1/23/04.]
16-610-066
WAC 16-610-066 Replacement copies of brand
inspection documents. (1) Individuals can request replace-
ment copies of inspection documents issued by the director
which are held by the department.
(2) All requests for replacement copies will be submitted
on AGR Form 930-7093 to the department.
(3) A twenty-five dollar fee will be charged per docu-
ment for replacement copies and must accompany the form.
(4) Replacement copies will only be issued to a requestor
whose name appears as the buyer, seller, or owner on the doc-
ument being requested.
[Statutory Authority: Chapters 16.57, 16.58, 16.65, and 34.05 RCW. WSR
10-21-016, § 16-610-066, filed 10/7/10, effective 11/7/10.]
BRANDS
16-610-070
WAC 16-610-070 Renewal of recorded brands. Brand
recordings are renewed for a period of four years, and the
director may establish a staggered renewal schedule. Owners
of recorded brands, upon notification by the director, must
file for renewal by December 31st of the year in which a
recording expires.
[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR
07-14-057, § 16-610-070, filed 6/28/07, effective 7/29/07; WSR 04-01-171,
§ 16-610-070, filed 12/23/03, effective 1/23/04.]
16-610-075
WAC 16-610-075 Livestock heritage brands. (1) A
brand may be recorded as a livestock heritage brand upon ini-
tial application.
(2) The owner of a recorded brand may record the brand
as a livestock heritage brand during any designated renewal
period.
(a) The fee to record a livestock heritage brand is six
hundred dollars.
(b) A livestock heritage brand is recorded for a period of
twenty years.
(c) Livestock heritage brands are listed in a separate sec-
tion of the WSDA brand book.
(d) A livestock heritage brand is considered inactive and
may not be applied to livestock.
(3) The owner of a livestock heritage brand may reacti-
vate the brand at any time upon written notification to the
director.
(a) The owner of a reactivated livestock heritage brand
shall not be required to submit renewal fees during the
remainder of the original twenty-year period as long as the
recorded ownership of the brand does not change.
(b) If the owner of the reactivated brand changes the
ownership status (adds, deletes, or transfers ownership to
another), the brand will automatically be due for renewal at
the end of the current four-year recording period.
[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR
07-14-057, § 16-610-075, filed 6/28/07, effective 7/29/07.]
16-610-080
WAC 16-610-080 Freeze branding. Freeze branding
techniques to identify livestock may be used to comply with
the requirements of chapters 16.57 RCW and the other
requirements of this section as long as the brand is recorded
with the director.
[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR
07-14-057, § 16-610-080, filed 6/28/07, effective 7/29/07; WSR 04-01-171,
§ 16-610-080, filed 12/23/03, effective 1/23/04.]
16-610-085
WAC 16-610-085 Production brands. (1) Before a
production brand may be used in Washington state, it must be
recorded with the director according to the provisions of
chapter 16.57 RCW and in the same manner as an ownership
brand.
(2) Forms to record a brand may be obtained from the
director.
(3) The director will not charge a fee to record a produc-
tion brand if the person recording the brand has already paid
to record an ownership brand.
(4) Production brands are not recognized for ownership
purposes, recorded for ownership purposes, or accepted for
livestock inspection purposes.
(5) Dairy cattle: Owners may use any digit or combina-
tion of digits as a production brand to identify their dairy cat-
tle as long as the brand is located on the neck or between the
hock and the stifle of a hind leg.
(6) Beef cattle: Owners may use a production brand to
identify beef cattle but only when the cattle also bear a brand
that is currently recorded to the owner of the animal.
(a) On beef cattle, production brands may be located on
either side of the animal on the shoulder or hip.
(b) Any numeral digit or combination of digits may be
used for a beef cattle production brand as long as they do not
conflict with currently recorded ownership brands.
(7) Only Arabic numerals can be used for production
brands.
[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR
07-14-057, § 16-610-085, filed 6/28/07, effective 7/29/07; WSR 04-01-171,
§ 16-610-085, filed 12/23/03, effective 1/23/04.]
PENALTIES
16-610-095
WAC 16-610-095 Penalty schedule for notices of
infraction. (1) If any person fails to comply with the require-
ments of chapters 16-610 WAC and 16.57 RCW (Identifica-
tion 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
Livestock Brand Inspection 16-610-115
(10/5/12) [Ch. 16-610 WAC p. 7]
[Statutory Authority: Chapters 16.57 and 34.05 RCW. WSR 12-02-068, §
16-610-095, filed 1/3/12, effective 2/3/12. Statutory Authority: Chapters
16.57, 16.58, 16.65 and 34.05 RCW. WSR 07-14-057, § 16-610-095, filed
6/28/07, effective 7/29/07.]
CUSTOM SLAUGHTERING
16-610-100
WAC 16-610-100 Identification of custom slaugh-
tered animals. (1) Any person presenting cattle for slaughter
to a licensed custom slaughterer must give the custom
slaughterer a completed certificate of permit. The certificate
of permit documents the ownership of the animal at the time
of slaughter.
(2) Any person licensed as a custom slaughterer must
complete and attach a custom slaughter beef tag to each of the
four quarters of all slaughtered cattle that are handled. In
order to identify the owner of the carcass, these tags must
remain attached to the quarters until the carcass is processed
and the quarters are cut and wrapped.
(3) Only the department may provide custom slaughter
beef tags to custom slaughterers. The fee for each set of four
custom slaughter beef tags is one dollar and fifty cents.
(4)(a) Custom meat facilities may accept carcasses of
cattle slaughtered by the cattle owner only if a certificate of
permit, signed by the owner, accompanies the carcass.
(b) Without a certificate of permit signed by the owner,
custom meat facilities can only accept carcasses from mobile
or fixed location custom farm slaughterers or officially
inspected slaughter plants.
[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR
07-14-057, § 16-610-100, filed 6/28/07, effective 7/29/07; WSR 04-01-171,
§ 16-610-100, filed 12/23/03, effective 1/23/04.]
CERTIFIED FEEDLOTS
16-610-115
WAC 16-610-115 Certified feedlots—Application
inspection. (1)(a) Before issuing an initial certified feedlot
license, the director will conduct an inspection of all cattle in
the feedlot inventory and their corresponding ownership doc-
uments.
(b) The applicable fee for this inspection of cattle is
found in WAC 16-610-065.
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 estab-
lishing ownership and iden-
tity.
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 live-
stock 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 desti-
nation other than the desig-
nated 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 physi-
cal address
Each offense $37.00
RCW 16.57.243 Moving cattle without proof
of ownership.
Violation Base Penalty
Each offense $37.00
RCW 16.57.275 Transporting a carcass with-
out 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
Violation Base Penalty
16-610-120 Livestock Brand Inspection
[Ch. 16-610 WAC p. 8] (10/5/12)
(2) If a certified feedlot license is not renewed, all cattle
in the feedlot inventory are subject to the inspection require-
ments for feedlots without a certification.
[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR
07-14-057, § 16-610-115, filed 6/28/07, effective 7/29/07; WSR 04-01-171,
§ 16-610-115, filed 12/23/03, effective 1/23/04.]
PUBLIC LIVESTOCK MARKETS
16-610-120
WAC 16-610-120 Public livestock markets—Identi-
fication requirements. (1) Any person licensed to operate a
public livestock market is responsible for identifying all cat-
tle and horses consigned to the public livestock market.
(2) Identification must be done under the supervision of
the director and may occur either before or at the time the ani-
mals are inspected.
(3) Acceptable methods of identification are a USDA-
approved numbered back tag placed on each animal or some
other method of identification that is approved by USDA.
Tags must be placed in numerical order.
(4) The licensee is responsible for moving, confining,
and/or restraining livestock as needed to allow for a complete
inspection.
(5) The director may exempt certain groups of one-brand
or no-brand cattle under the same ownership from the indi-
vidual identification requirements of this section if the integ-
rity of the inspection process can be maintained.
(6) It is the responsibility of the licensee or consignor to
present livestock to the director so an inspection can be per-
formed.
[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR
07-14-057, § 16-610-120, filed 6/28/07, effective 7/29/07; WSR 04-01-171,
§ 16-610-120, filed 12/23/03, effective 1/23/04.]
16-610-122
WAC 16-610-122 Release 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 for the cattle or horses being removed; and
(b) Issue a release to the person wishing to remove the
cattle or horses.
(2) 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 facil-
ity;
(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.
[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR
07-14-057, § 16-610-122, filed 6/28/07, effective 7/29/07; WSR 04-01-171,
§ 16-610-122, filed 12/23/03, effective 1/23/04.]
16-610-125
WAC 16-610-125 Public livestock market livestock
inspection facilities. The director must approve all livestock
inspection facilities at public livestock markets. For the direc-
tor's approval, inspection facilities must:
(1) Include a chute that is constructed according to the
following specifications:
(a) Constructed with a solid base on each side of suffi-
cient strength to contain cattle and horses. The base must be
at least twenty-four but not more than thirty-six inches in
height.
(b) Above the base on each side, the chute must have
wire cables extended along its entire length. The cables must
be separated by six-inch intervals and must extend vertically
to a height of at least six feet.
(c) The cables must be attached every sixteen feet to a
vertical post that is alternated with a pipe or stay every eight
feet to provide support and to keep the cables tight.
(d) The chute must be well lit by shop, spot, or flood-
lights. These lights must be located on both sides of the chute
at a height of five feet above the highest cable. Beginning at
the head of the chute, this lighting must extend along three-
fourths of the length of the chute.
(2) Electrical outlets must be available at all chutes so
clippers can be conveniently used.
(3) Inspection areas must be well covered by adequate
roofing and kept free of any water leaks or water build-up of
any kind.
(4) Inspection areas must incorporate a work area for
livestock inspectors on each side of the chute. The work area
must:
(a) Provide an inspector with at least thirty inches of
workspace along the entire length of the chute; and
(b) Be enclosed by fencing or some other permanent
structure that protects inspectors while cattle and horses are
unloaded and moved along the chute.
(5) Inspection areas must include an office. The office
must:
(a) Be constructed according to dimensions of at least
eight feet by ten feet;
(b) Contain adequate heating; and
(c) Be equipped with a counter built at a standing work
level height and with a width of approximately eighteen
inches.
(6) The licensee shall provide sufficient indoor office
space as needed in order for the director to process and dis-
tribute inspection documents to the buyer.
[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR
07-14-057, § 16-610-125, filed 6/28/07, effective 7/29/07; WSR 04-01-171,
§ 16-610-125, filed 12/23/03, effective 1/23/04.]
16-610-130
WAC 16-610-130 Public livestock market scales. (1)
To ensure that scales can be tested with relative ease and con-
venience:
(a) All scales that are inaccessible to a test truck must be
accessible by a convenient, unobstructed, hard-surfaced
approach ramp or walkway that connects with the scale deck
at the scale deck level; and
(b) All doors and passageways leading to the scale must
have a minimum width of six feet.
(2) Preferably, scale decks should be constructed using
reinforced concrete with "Z" bar coping. If cleats are used
that are more than three-fourths inch in thickness, they must
be:
Livestock Brand Inspection 16-610-145
(10/5/12) [Ch. 16-610 WAC p. 9]
(a) Hinged; or
(b) Readily removable; or
(c) Accompanied by a satisfactory covering to allow for
proper testing.
(3) All stock racks must be securely fastened to the scale
deck. There must be a minimum clearance of three inches
between the rack and the surrounding stationary construction.
(4) Adequate space and visibility must be provided
around scales so that interested parties may observe the
weighing operation.
(5) All dial scales used by the licensee must be:
(a) Readily visible to all interested parties; and
(b) Equipped with a mechanical weight recorder.
(6) All beam scales used by the licensee must be
equipped with a balance indicator, a weigh beam, and a
mechanical weight recorder. The balance indicator, weigh
beam, and mechanical weight recorder must be readily visi-
ble to all interested parties.
(7)(a) The pit and foundation beneath the scale deck
must be constructed in a singular, uniform and massively
solid way.
(b) Coping iron is required on all corners adjacent to the
deck.
(c) The pit must be six feet in depth, dry and readily
accessible for inspection. When conditions are sufficiently
adverse, the director may allow exceptions to this six-foot
depth requirement. However, a minimum of two feet clear-
ance between the lowest scale lever and the pit floor must
always be provided.
(d) To insure safe and accurate inspections, sufficient
electrical lighting must be provided in the inspection facility,
especially around the chute and scales and in the pit beneath
the scale deck.
(8) The recording element must be adequately housed for
protection against wind and weather.
(9) Scales are not required at markets only licensed to
handle horses and mules unless these animals are sold by
weight. When these animals are sold by weight, the scale
requirements of this section apply.
[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR
07-14-057, § 16-610-130, filed 6/28/07, effective 7/29/07; WSR 04-01-171,
§ 16-610-130, filed 12/23/03, effective 1/23/04.]
16-610-135
WAC 16-610-135 Failure to conduct a sale on an
allocated sale day. (1) If a licensed operator of a public live-
stock market fails more than six times in a twelve-month
period to conduct a sale on a sale day that has been allocated
to the licensee by the director, the allocation of that sale day
is subject to change or revocation by the director.
(2) Any change or revocation of an allocated sale day
must be considered in an administrative hearing conducted
according to the provisions of chapter 34.05 RCW.
[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR
07-14-057, § 16-610-135, filed 6/28/07, effective 7/29/07; WSR 04-01-171,
§ 16-610-135, filed 12/23/03, effective 1/23/04.]
16-610-140
WAC 16-610-140 Approval of special sales and open
consignment horse sales. (1) An individual, farmers cooper-
ative association, association of livestock breeders, or youth
livestock organization such as 4-H, FFA, or other junior live-
stock group may submit an application to the director for a
special sale or open consignment horse sale. Approval of
applications for a special sale or open consignment horse sale
is at the discretion of the director.
(2) A livestock market may submit an application to the
director for a special sale or open consignment horse sale on
a day not specifically assigned to it. Approval of special sales
and open consignment horse sales on unassigned days is at
the discretion of the director.
(3) Special sales and open consignment horse sales are
limited to three sales per month per applicant in any location,
as long as all requirements are met and the proper permits and
license have been obtained.
(4) "Special sale" does not mean a public sale by a group
of individuals conducting private treaty sales of horses
brought to a central location if:
(a) Funds are not handled by a third party; and
(b) The buyer meets the inspection requirements con-
tained in RCW 16.57.260.
(5) Application for approval of a special sale or open
consignment horse sale must be made at least fifteen days in
advance of the proposed sale.
(6) The application for a special sale or open consign-
ment horse sale must be made on forms provided by the
director and must contain the following:
(a) Name, address, and contact number of the applicant;
(b) Type of applicant: Producer, livestock market, or
association;
(c) Name of sale and/or event;
(d) Type and number of livestock expected to be sold;
(e) Date, time, and location of the sale;
(f) Name and contact number of the veterinarian who
will be providing animal health services; and
(g) The signature of the applicant.
(7) In addition to the requirements in subsections (5) and
(6) of this section, the application for an open consignment
horse sale must also provide the director with the following:
(a) A detailed statement showing all of the assets and lia-
bilities of the applicant;
(b) A schedule of rates and charges that the applicant
will impose on the seller or consignor, including the entry
fee, commission, pass out (no sale) fees, stabling, etc.;
(c) Verification of custodial account, as per RCW
16.65.140;
(d) Written evidence of valid bond, as per RCW 16.65.-
232; and
(e) The projected approximate value of the horses to be
handled.
(8) The director charges a special sale application fee of
fifty dollars, which is specified in RCW 16.65.420, and an
open consignment horse sale license fee of one hundred dol-
lars, as specified in RCW 16.65.042. Applications will not be
processed until the application fee is paid. There is no appli-
cation fee for youth livestock organizations.
[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR
07-14-057, § 16-610-140, filed 6/28/07, effective 7/29/07; WSR 04-01-171,
§ 16-610-140, filed 12/23/03, effective 1/23/04.]
16-610-145
WAC 16-610-145 Requirements for farmers cooper-
ative associations and associations of livestock breeders
holding special sales. To assure that any special sale pro-
16-610-145 Livestock Brand Inspection
[Ch. 16-610 WAC p. 10] (10/5/12)
posed by a farmers cooperative association or association of
livestock breeders is limited to the sale of their own livestock,
the association may be required to provide verification to the
director that any person offering livestock for sale at the spe-
cial sale was a member of the association at the time of the
filing of any consignment application, contract or commit-
ment.
[Statutory Authority: Chapters 16.57, 16.58, 16.65 and 34.05 RCW. WSR
07-14-057, § 16-610-145, filed 6/28/07, effective 7/29/07; WSR 04-01-171,
§ 16-610-145, filed 12/23/03, effective 1/23/04.]

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