Lo spazio di lavoro basato sull'IA per i professionisti del settore legale
Prova gratis per 14 giorni (10 domande/giorno durante la prova)
title-16•Title 16 RCW — Animals and Livestock
Any person suffering damage done by any horses, mules, donkeys, cattle, goats, sheep, swine, or any such animals, which shall either trespass upon any land enclosed by lawful fence as provided in chapter 16.60 RCW or trespass while running at large in violation of chapter 16.24 RCW may retain and keep in custody such offending animals until the owner or person having possession of such animals shall pay such damage and costs, or until good and sufficient security be given for the same.
[ 1989 c 286 s 1; 1925 ex.s. c 56 s 1; 1893 c 31 s 1; RRS s 3090. ]
NOTES:
Severability—1989 c 286: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1989 c 286 s 26.]
Damages to stock on unfenced railroad: RCW 81.52.050 through 81.52.070.
Pleading answer in action to recover property distrained: RCW 4.36.140.
Except as provided under RCW 16.04.100, whenever any animals trespass as provided in RCW 16.04.010, the owner or person having possession of such animal shall be liable for all damages the owner or occupant may sustain by reason of such trespass.
[ 1994 c 263 s 1; 1989 c 286 s 2. ]
NOTES:
Severability—1989 c 286: See note following RCW 16.04.010.
Whenever any animals are restrained as provided in RCW 16.04.010, the person restraining such animals shall within twenty-four hours thereafter notify in writing the owner, or person in whose custody the same was at the time the trespass was committed, of the seizure of such animals, and the probable amount of the damages sustained: PROVIDED, He or she knows to whom such animals belong.
[ 2011 c 336 s 418; 1893 c 31 s 2; RRS s 3091. FORMER PART OF SECTION: 1925 ex.s. c 56 s 2; 1893 c 31 s 3; RRS s 3092, now codified as RCW 16.04.025. ]
If the owner or the person having in charge or possession such animals is unknown to the person sustaining the damage, the person retaining such animals shall, within twenty-four hours, notify the county sheriff or the nearest state brand inspector as to the number, description, and location of the animals. The county sheriff or brand inspector shall examine the animals by brand, tattoo, or other identifying characteristics and attempt to ascertain ownership. If the animal is marked with a brand or tattoo which is registered with the director of agriculture, the brand inspector or county sheriff shall furnish this information and other pertinent information to the person holding the animals who in turn shall send the notice required in RCW 16.04.020 to the animals' owner of record by certified mail.
If the county sheriff or the brand inspector determines that there is no apparent damage to the property of the person retaining the animals, or if the person sustaining the damage contacts the county sheriff or brand inspector to have the animals removed from his or her property, such animals shall be removed in accordance with chapter 16.24 RCW. Such removal shall not prejudice the property owner's ability to recover damages through civil suit.
[ 1989 c 286 s 21; 1985 c 415 s 24; 1925 ex.s. c 56 s 2; 1893 c 31 s 3; RRS s 3092. Formerly RCW 16.04.020, part. ]
NOTES:
Severability—1989 c 286: See note following RCW 16.04.010.
If the owner or person having such animals in charge fails or refuses to pay the damages done by such animals, and the costs, or give satisfactory security for the same within twenty-four hours from the time the notice was served, if served personally, or in case of horses, mares, mules and asses, within twenty-four hours from the time such notice was posted, if served by posting the same, and in case of cattle, goats, sheep and swine within ten days from the time of such posting, the person damaged may commence a suit, before any court having jurisdiction thereof, against the owner of such animals, or against the persons having the same in charge, or possession, when the trespass was committed, if known; and if unknown the defendant shall be designated as John Doe, and the proceedings shall be the same in all respects as in other civil actions, except as modified in RCW 16.04.010 through 16.04.070. If such suit is commenced in superior court the summons shall require the defendant to appear within five days from the date of service of such summons, if served personally.
[ 1925 ex.s. c 56 s 3; 1893 c 31 s 4; RRS s 3093. ]
District judges shall have exclusive jurisdiction of all actions and proceedings under RCW 16.04.010 through 16.04.070 when the damages claimed do not exceed one hundred dollars: PROVIDED, HOWEVER, That any party considering himself or herself aggrieved shall have the right of appeal to the superior court as in other cases.
[ 1987 c 202 s 177; 1893 c 31 s 9; RRS s 3098. ]
NOTES:
Intent—1987 c 202: See note following RCW 2.04.190.
If upon the trial it appears that the defendant is not the owner or person in charge of such offending animals, the case shall be continued, and proceedings had as in RCW 16.04.050 provided, if the proper defendant be unknown to plaintiff.
[ 1893 c 31 s 6; RRS s 3095. Formerly RCW 16.04.050, part. ]
If the owner or keeper of such offending animals is unknown to plaintiff at the commencement of the action, or if on the trial it appears that the defendant is not the proper party, defendant, and the proper party is unknown, service of the summons or notice shall be made by publication, by publishing a copy of the summons or notice, with a notice attached, stating the object of the action and giving a description of the animals seized, in a newspaper of general circulation in the area where the plaintiff resides less than ten days previous to the day of trial.
[ 1985 c 469 s 8; 1893 c 31 s 7; RRS s 3096. FORMER PART OF SECTION: 1893 c 31 s 6; RRS s 3095, now codified as RCW 16.04.045. ]
Upon the trial of an action as herein provided [RCW 16.04.010 through 16.04.070] the plaintiff shall prove the amount of damages sustained and the amount of expenses incurred for keeping the offending animals, and any judgment rendered for damages, costs, and expenses against the defendant shall be a lien upon such animals committing the damage, and the same may be sold and the proceeds shall be applied in full satisfaction of the judgment as in other cases of sale of personal property on execution: PROVIDED, That no judgment shall be continued against the defendant for any deficiency over the amount realized on the sale of such animals, if it shall appear upon the trial that no damage was sustained, or that a tender was made and paid into court of an amount equal to the damage and costs, then judgment shall be rendered against the plaintiff for costs of suit and damage sustained by defendant.
[ 1893 c 31 s 5; RRS s 3094. ]
If when such animals are sold, there remains a surplus of money, over the amount of the judgment and costs, it shall be deposited with the county treasurer, by the officer making the sale, and if the owner of such animals does not appear and call for the same, within six months from the day of sale, it shall be paid into the school fund, for the use of the public schools of said county.
[ 1893 c 31 s 8; RRS s 3097. ]
It shall be unlawful for the owner of any livestock to allow such livestock to run at large or be upon any United States military reservation upon which field artillery firing or other target practice with military weapons is conducted. Any owner who permits livestock to run at large or be upon any such reservation shall do so at the risk of such owner and such owner shall have no claim for damages if such livestock is injured or destroyed while so running at large on such reservation: PROVIDED, HOWEVER, That the commanding officer of any such United States military reservation may issue permits for specific areas and for specific periods of time when firing will not be conducted thereon authorizing the owner of such livestock to permit the same to run at large or be upon any such military reservation.
[ 1937 c 101 s 1; RRS s 3068-1. ]
If damages are caused by a trespassing animal, neither the state nor the owner of the animal shall be liable if the owner of the animal can prove that the trespass is due to damage caused by wildlife to a lawful fence and, in a stock restricted area, the owner of the animal did not have a reasonable opportunity to repair the fence. The state shall pay all costs of transportation, advertising, legal proceedings, and keep of an animal that has been restrained pursuant to RCW 16.04.010. Claims filed under this section shall be processed according to the procedures under chapter 4.92 RCW.
[ 1994 c 263 s 3. ]
The owner or keeper of any dog shall be liable to the owner of any animal killed or injured by such dog for the amount of damages sustained and costs of collection, to be recovered in a civil action.
[ 1985 c 415 s 14; 1929 c 198 s 5; RRS s 3106. Prior: 1919 c 6 s 5; RCS s 3106. ]
It shall be lawful for any person who shall see any dog or dogs chasing, biting, injuring or killing any sheep, swine or other domestic animal, including poultry, belonging to such person, on any real property owned or leased by, or under the control of, such person, or on any public highway, to kill such dog or dogs, and it shall be the duty of the owner or keeper of any dog or dogs so found chasing, biting or injuring any domestic animal, including poultry, upon being notified of that fact by the owner of such domestic animals or poultry, to thereafter keep such dog or dogs in leash or confined upon the premises of the owner or keeper thereof, and in case any such owner or keeper of a dog or dogs shall fail or neglect to comply with the provisions of this section, it shall be lawful for the owner of such domestic animals or poultry to kill such dog or dogs found running at large.
[ 1929 c 198 s 6; RRS s 3107. Prior: 1919 c 6 s 6; 1917 c 161 s 6; RCS s 3107. ]
(1) The owner of any dog which shall bite any person while such person is in or on a public place or lawfully in or on a private place including the property of the owner of such dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.
(2) This section does not apply to the lawful application of a police dog, as defined in RCW 4.24.410.
[ 2012 c 94 s 1; 1941 c 77 s 1; Rem. Supp. 1941 s 3109-1. ]
A person is lawfully upon the private property of such owner within the meaning of RCW 16.08.040 when such person is upon the property of the owner with the express or implied consent of the owner: PROVIDED, That said consent shall not be presumed when the property of the owner is fenced or reasonably posted.
[ 1979 c 148 s 1; 1941 c 77 s 2; Rem. Supp. 1941 s 3109-2. ]
Proof of provocation of the attack by the injured person shall be a complete defense to an action for damages.
[ 1941 c 77 s 3; Rem. Supp. 1941 s 3109-3. ]
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 16.08.070 through 16.08.100.
(1) "Potentially dangerous dog" means any dog that when unprovoked: (a) Inflicts bites on a human or a domestic animal either on public or private property, or (b) chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of humans or domestic animals.
(2) "Dangerous dog" means any dog that (a) inflicts severe injury on a human being without provocation on public or private property, (b) kills a domestic animal without provocation while the dog is off the owner's property, or (c) has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans.
(3) "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
(4) "Proper enclosure of a dangerous dog" means, while on the owner's property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog.
(5) "Animal control authority" means an entity acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, county, and state and the shelter and welfare of animals.
(6) "Animal control officer" means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
(7) "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal.
[ 2002 c 244 s 1; 1987 c 94 s 1. ]
NOTES:
Severability—1987 c 94: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1987 c 94 s 6.]
(1) Any city or county that has a notification and appeal procedure with regard to determining a dog within its jurisdiction to be dangerous may continue to utilize or amend its procedure. A city or county animal control authority that does not have a notification and appeal procedure in place as of June 13, 2002, and seeks to declare a dog within its jurisdiction, as defined in subsection (7) of this section, to be dangerous must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested.
(2) The notice must state: The statutory basis for the proposed action; the reasons the authority considers the animal dangerous; a statement that the dog is subject to registration and controls required by this chapter, including a recitation of the controls in subsection (6) of this section; and an explanation of the owner's rights and of the proper procedure for appealing a decision finding the dog dangerous.
(3) Prior to the authority issuing its final determination, the authority shall notify the owner in writing that he or she is entitled to an opportunity to meet with the authority, at which meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous. The notice shall state the date, time, and location of the meeting, which must occur prior to expiration of fifteen calendar days following delivery of the notice. The owner may propose an alternative meeting date and time, but such meeting must occur within the fifteen-day time period set forth in this section. After such meeting, the authority must issue its final determination, in the form of a written order, within fifteen calendar days. In the event the authority declares a dog to be dangerous, the order shall include a recital of the authority for the action, a brief concise statement of the facts that support the determination, and the signature of the person who made the determination. The order shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the owner's last address known to the authority.
(4) If the local jurisdiction has provided for an administrative appeal of the final determination, the owner must follow the appeal procedure set forth by that jurisdiction. If the local jurisdiction has not provided for an administrative appeal, the owner may appeal a municipal authority's final determination that the dog is dangerous to the municipal court, and may appeal a county animal control authority's or county sheriff's final determination that the dog is dangerous to the district court. The owner must make such appeal within twenty days of receiving the final determination. While the appeal is pending, the authority may order that the dog be confined or controlled in compliance with RCW 16.08.090. If the dog is determined to be dangerous, the owner must pay all costs of confinement and control.
(5) It is unlawful for an owner to have a dangerous dog in the state without a certificate of registration issued under this section. This section and RCW 16.08.090 and 16.08.100 shall not apply to police dogs as defined in RCW 4.24.410.
(6) Unless a city or county has a more restrictive code requirement, the animal control authority of the city or county in which an owner has a dangerous dog shall issue a certificate of registration to the owner of such animal if the owner presents to the animal control unit sufficient evidence of:
(a) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog;
(b) A surety bond issued by a surety insurer qualified under chapter 48.28 RCW in a form acceptable to the animal control authority in the sum of at least two hundred fifty thousand dollars, payable to any person injured by the dangerous dog; or
(c) A policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under Title 48 RCW in the amount of at least two hundred fifty thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous dog.
(7)(a)(i) If an owner has the dangerous dog in an incorporated area that is serviced by both a city and a county animal control authority, the owner shall obtain a certificate of registration from the city authority;
(ii) If an owner has the dangerous dog in an incorporated or unincorporated area served only by a county animal control authority, the owner shall obtain a certificate of registration from the county authority;
(iii) If an owner has the dangerous dog in an incorporated or unincorporated area that is not served by an animal control authority, the owner shall obtain a certificate of registration from the office of the local sheriff.
(b) This subsection does not apply if a city or county does not allow dangerous dogs within its jurisdiction.
(8) Cities and counties may charge an annual fee, in addition to regular dog licensing fees, to register dangerous dogs.
(9) Nothing in this section limits a local authority in placing additional restrictions upon owners of dangerous dogs. This section does not require a local authority to allow a dangerous dog within its jurisdiction.
[ 2002 c 244 s 2; 1989 c 26 s 3; 1987 c 94 s 2. ]
NOTES:
Severability—1987 c 94: See note following RCW 16.08.070.
(1) It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.
(2) Potentially dangerous dogs shall be regulated only by local, municipal, and county ordinances. Nothing in this section limits restrictions local jurisdictions may place on owners of potentially dangerous dogs.
(3) Dogs shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was committing a wilful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.
[ 1987 c 94 s 3. ]
NOTES:
Severability—1987 c 94: See note following RCW 16.08.070.
(1) Any dangerous dog shall be immediately confiscated by an animal control authority if the: (a) Dog is not validly registered under RCW 16.08.080; (b) owner does not secure the liability insurance coverage required under RCW 16.08.080; (c) dog is not maintained in the proper enclosure; or (d) dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of the responsible person. The owner must pay the costs of confinement and control. The animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within twenty days. The animal control authority shall destroy the confiscated dangerous dog in an expeditious and humane manner if any deficiencies required by this subsection are not corrected within twenty days of notification. In addition, the owner shall be guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021.
(2) If a dangerous dog of an owner with a prior conviction under this chapter attacks or bites a person or another domestic animal, the dog's owner is guilty of a class C felony, punishable in accordance with RCW 9A.20.021. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that he or she was in compliance with the requirements for ownership of a dangerous dog pursuant to this chapter and the person or domestic animal attacked or bitten by the defendant's dog trespassed on the defendant's real or personal property or provoked the defendant's dog without justification or excuse. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner.
(3) The owner of any dog that aggressively attacks and causes severe injury or death of any human, whether or not the dog has previously been declared potentially dangerous or dangerous, shall, upon conviction, be guilty of a class C felony punishable in accordance with RCW 9A.20.021. It is an affirmative defense that the defendant must prove by a preponderance of the evidence that the human severely injured or killed by the defendant's dog: (a) Trespassed on the defendant's real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of dog; or (b) provoked the defendant's dog without justification or excuse on the defendant's real or personal property which was enclosed by fencing suitable to prevent the entry of young children and designed to prevent the dog from escaping and marked with clearly visible signs warning people, including children, not to trespass and to beware of dog. In such a prosecution, the state has the burden of showing that the owner of the dog either knew or should have known that the dog was potentially dangerous as defined in this chapter. The state may not meet its burden of proof that the owner should have known the dog was potentially dangerous solely by showing the dog to be a particular breed or breeds. In addition, the dog shall be immediately confiscated by an animal control authority, quarantined, and upon conviction of the owner destroyed in an expeditious and humane manner.
[ 2020 c 158 s 1; 2002 c 244 s 3; 1987 c 94 s 4. ]
NOTES:
Severability—1987 c 94: See note following RCW 16.08.070.
(1) A city or county may not prohibit the possession of a dog based upon its breed, impose requirements specific to possession of a dog based upon its breed, or declare a dog dangerous or potentially dangerous based on its breed unless all of the following conditions are met:
(a) The city or county has established and maintains a reasonable process for exempting any dog from breed-based regulations or a breed ban if the dog passes the American kennel club canine good citizen test or a reasonably equivalent canine behavioral test as determined by the city or county;
(b) Dogs that pass the American kennel club canine good citizen test or a reasonably equivalent canine behavioral test are exempt from breed-based regulations for a period of at least two years;
(c) Dogs that pass the American kennel club canine good citizen test or a reasonably equivalent canine behavioral test are given the opportunity to retest to maintain their exemption from breed-based regulations; and
(d) Dogs that fail the American kennel club canine good citizen test or a reasonably equivalent canine behavioral test are given the opportunity to retest within a reasonable period of time, as determined by the city or county.
(2) This section does not apply to the act of documenting either a dog's breed or its physical appearance, or both, solely for identification purposes when declaring a dog dangerous or potentially dangerous.
(3) For the purpose of this section, "dog" means a domesticated member of the family canidae, specifically species Canus lupus familiaris, and excludes nondomesticated members of the family canidae and any hybrids thereof, including but not limited to wolves, coyotes, wolf-dog hybrids, and coyote-dog hybrids.
[ 2019 c 199 s 2. ]
NOTES:
Findings—Intent—2019 c 199: "(1) A number of local jurisdictions have enacted ordinances prohibiting or placing additional restrictions on specific breeds of dogs. While the legislature recognizes that local jurisdictions have a valid public safety interest in protecting citizens from dog attacks, the legislature finds that a dog's breed is not inherently indicative of whether or not a dog is dangerous and that the criteria for determining whether or not a dog is dangerous or potentially dangerous should be focused on the dog's behavior.
(2) The legislature further finds that breed-specific ordinances fail to address the factors that cause dogs to become aggressive and place an undue hardship on responsible dog owners who provide proper socialization and training. The legislature intends to encourage local jurisdictions to more effectively and fairly control dangerous dogs and enhance public safety by focusing on dogs' behavior rather than their breeds." [ 2019 c 199 s 1.]
Effective date—2019 c 199: "This act takes effect January 1, 2020." [ 2019 c 199 s 3.]
The purpose of this chapter is to provide for the licensing of dogs within specific areas of particular counties.
[ 1969 c 72 s 1. ]
County commissioners may, if the situation so requires, establish dog control zones within high-density population districts, or other specified areas, of a county outside the corporate limits of any city, and outside the corporate limits of any organized township. For such zones, licensing regulations may be established which shall not necessarily be operative in sparsely settled rural districts, or in other portions of the county where they may not be needed. In determining the need for such zones, and in drawing their boundaries, county commissioners shall take into consideration the following factors:
(1) The density of population in the area proposed to be zoned;
(2) Zoning regulations, if any, in force in the area proposed to be zoned;
(3) The public health, safety and welfare within the area proposed to be zoned.
If the commissioners shall find that the area proposed to be zoned is heavily populated, or that the purposes for which the land is being used therein require that dogs be controlled, or that the health, safety, and welfare of the people in the area require such control, they may propose the establishment of a dog control zone.
[ 1969 c 72 s 2. ]
In determining whether a dog control zone should be established, the county commissioners shall call a public hearing, notice of which shall be published once a week for each of four consecutive weeks prior thereto in a newspaper of general circulation within the proposed zone. At such a hearing, proponents and opponents of the proposed dog control zone may appear and present their views. The final decision of the commissioners with respect to the establishment of such a zone shall not be made until the conclusion of the hearing.
[ 1969 c 72 s 3. ]
The county commissioners shall by ordinance promulgate the regulations to be enforced within a dog control zone. These shall include provisions for the control of unlicensed dogs and the establishment of license fees. The county sheriff and/or other agencies designated by the county commissioners shall be responsible for the enforcement of the act, including the collection of license fees. Fees collected shall be transferred to the current expense fund of each county.
[ 1969 c 72 s 4. ]
The county legislative authority of any county of this state shall have the power to designate by an order made and published, as provided in RCW 16.24.030, certain territory as stock restricted area within such county in which it shall be unlawful to permit livestock of any kind to run at large. No territory so designated shall be less than two square miles in area. RCW 16.24.010 through 16.24.065 shall not affect counties having adopted township organization. All territory not so designated shall be range area, in which it shall be lawful to permit cattle, horses, mules, or donkeys to run at large: PROVIDED, That the county legislative authority may designate areas where it shall be unlawful to permit any livestock other than cattle to run at large.
[ 1989 c 286 s 4; 1937 c 40 s 1; 1911 c 25 s 1; RRS s 3068. Prior: 1907 c 230 s 1; 1905 c 91 s 1; R & B s 3166. ]
NOTES:
Severability—1989 c 286: See note following RCW 16.04.010.
*Within sixty days after the taking effect of RCW 16.24.010 through 16.24.065, the county legislative authority of each of the several counties of the state may make an order fixing a time and place when a hearing will be had, notice of which shall be published at least once each week for two successive weeks in some newspaper having a general circulation within the county. It shall be the duty of the county legislative authority at the time fixed for such hearing, or at the time to which such hearing may be adjourned, to hear all persons interested in the establishment of range areas or stock restricted areas as defined in RCW 16.24.010 through 16.24.065.
[ 1989 c 286 s 5; 1937 c 40 s 2; 1923 c 33 s 1; 1911 c 25 s 2; RRS s 3069. ]
NOTES:
*Reviser's note: RCW 16.24.010 through 16.24.065 took effect March 1, 1937.
Severability—1989 c 286: See note following RCW 16.04.010.
Within thirty days after the conclusion of any such hearing the county legislative authority shall make an order describing the stock restricted areas within the county where livestock may not run at large, which order shall be entered upon the records of the county and published in a newspaper having general circulation in such county at least once each week for four successive weeks.
[ 1989 c 286 s 6; 1937 c 40 s 3; 1923 c 33 s 2; 1911 c 25 s 3; RRS s 3070. ]
NOTES:
Severability—1989 c 286: See note following RCW 16.04.010.
Any person, or any agent, employee or representative of a corporation, violating any of the provisions of such order after the same shall have been published or posted as provided in RCW 16.24.030 or, violating any provision of this chapter, shall be guilty of a misdemeanor.
[ 1975 c 38 s 1; 1911 c 25 s 4; RRS s 3071. ]
When the county legislative authority of any county deem[s] it advisable to change the boundary or boundaries of any stock restricted area, a hearing shall be held in the same manner as provided in RCW 16.24.020. If the county legislative authority decides to change the boundary or boundaries of any stock restricted area or areas, it shall within thirty days after the conclusion of such hearing make an order describing said change or changes. Such order shall be entered upon the records of the county and published in a newspaper having general circulation in such county once each week for four successive weeks.
[ 1989 c 286 s 7; 1937 c 40 s 4; 1923 c 93 s 1; RRS s 3070-1. ]
NOTES:
Severability—1989 c 286: See note following RCW 16.04.010.
At the point where a public road enters a range area, and at such other points thereon within such area as the county legislative authority shall designate, there shall be erected a road sign bearing the words: "RANGE AREA. WATCH OUT FOR LIVESTOCK."
[ 1989 c 286 s 8; 1937 c 40 s 5; RRS s 3070-2. ]
NOTES:
Severability—1989 c 286: See note following RCW 16.04.010.
(1) No person owning or in control of any livestock shall willfully or negligently allow such livestock to run at large in any stock restricted area or to wander or stray upon the right-of-way of any public highway lying within a stock restricted area when not in the charge of some person.
(2) Livestock may run at large upon lands belonging to the state of Washington or the United States only when the owner of the livestock has been granted grazing privileges in writing.
[ 1989 c 286 s 9; 1985 c 415 s 20; 1937 c 40 s 6; RRS s 3070-3. Formerly RCW 16.24.070, part. ]
NOTES:
Severability—1989 c 286: See note following RCW 16.04.010.
It shall be unlawful for any person to herd or move any livestock over, along or across the right-of-way of any public highway, or portion thereof, within any stock restricted area, without having in attendance a sufficient number of persons to control the movement of such livestock and to warn or otherwise protect vehicles traveling upon such public highway from any danger by reason of such livestock being herded or moved thereon.
[ 1989 c 286 s 10; 1937 c 189 s 127; RRS s 6360-127, part. Prior: 1927 c 309 s 41, part; RRS s 6362-41, part. FORMER PART OF SECTION: 1937 c 40 s 6; RRS s 3070-3, now codified as RCW 16.24.065. Formerly RCW 16.24.070 and 16.24.080. ]
NOTES:
Severability—1989 c 286: See note following RCW 16.04.010.
Except as provided in chapter 16.24 RCW, a person who owns or has possession, charge, or control of horses, mules, donkeys, cattle, goats, sheep or swine shall not negligently allow them to run at large at any time or within any territory. It shall not be necessary for any person to fence against such animals, and it shall be no defense to any action or proceedings brought pursuant to this chapter or chapter 16.04 RCW that the party injured by or restraining such animals did not have his or her lands enclosed by a lawful fence: PROVIDED, That such animals may be driven upon the highways while in charge of sufficient attendants.
[ 1989 c 286 s 14; 1911 c 25 s 5; RRS s 3072. Formerly RCW 16.12.010, part. ]
NOTES:
Severability—1989 c 286: See note following RCW 16.04.010.
In any prosecution under chapter 16.24 RCW proof that the animal running at large is branded with the registered or known brand of the defendant shall be prima facie evidence that the defendant is the owner of said animal.
[ 1989 c 286 s 3; 1895 c 124 s 2; RRS s 3086. Formerly RCW 16.16.020. ]
NOTES:
Severability—1989 c 286: See note following RCW 16.04.010.
Any horses, mules, donkeys, or cattle of any age running at large or trespassing in violation of chapter 16.24 RCW as now or hereafter amended, which are not restrained as provided by RCW 16.04.010, are declared to be a public nuisance. The sheriff of the county where found and the nearest brand inspector shall have authority to impound such animals which are not restrained as provided by RCW 16.04.010.
[ 1989 c 286 s 11; 1985 c 415 s 16; 1979 c 154 s 6; 1975 1st ex.s. c 7 s 14; 1951 c 31 s 2. Formerly RCW 16.13.020. ]
NOTES:
Severability—1989 c 286: See note following RCW 16.04.010.
Severability—1979 c 154: See note following RCW 15.49.330.
Upon taking possession of any livestock at large contrary to the provisions of this chapter, or any unclaimed livestock submitted or impounded, by any person, at any public livestock market or any other facility approved by the director, the sheriff or brand inspector shall cause it to be transported to and impounded at the nearest public livestock market licensed under chapter 16.65 RCW or at such place as approved by the director. If the sheriff has impounded an animal in accordance with this section, he or she shall forthwith notify the nearest brand inspector of the department of agriculture, who shall examine the animal and, by brand, tattoo, or other identifying characteristic, shall attempt to ascertain the ownership thereof.
[ 2012 c 25 s 5. Prior: 2011 c 336 s 419; 2011 c 103 s 11; 1989 c 286 s 12; 1979 c 154 s 7; 1975 1st ex.s. c 7 s 15; 1951 c 31 s 3. Formerly RCW 16.13.030. ]
NOTES:
Purpose—2011 c 103: See note following RCW 15.26.120.
Severability—1989 c 286: See note following RCW 16.04.010.
Severability—1979 c 154: See note following RCW 15.49.330.
The brand inspector shall cause to be published once in a newspaper published in the county where the animal was found, a notice of the impounding.
The notice shall state:
(1) A description of the animal, including brand, tattoo or other identifying characteristics;
(2) When and where found;
(3) Where impounded; and
(4) That if unclaimed, the animal will be sold at a public livestock market sale or other public sale, and the date of such sale: PROVIDED, That if no newspaper shall be published in such county, copies of the notice shall be posted at four commonly frequented places therein.
If the animal is marked with a brand or tattoo which is registered with the director of agriculture, the brand inspector, on or before the date of publication or posting, shall send a copy of the notice to the owner of record by registered mail.
[ 1995 c 374 s 69; 1975 1st ex.s. c 7 s 16; 1951 c 31 s 4. Formerly RCW 16.13.040. ]
NOTES:
Effective date—1995 c 374 ss 69, 70, and 72-79: "Sections 69, 70, and 72 through 79 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 16, 1995]." [ 1995 c 374 s 82.]
Upon claiming any animal impounded under this chapter, the owner shall pay all costs of transportation, advertising, legal proceedings, and keep of the animal, except as provided under RCW 16.04.100.
[ 1994 c 263 s 2; 1989 c 286 s 13; 1951 c 31 s 5. Formerly RCW 16.13.050. ]
NOTES:
Severability—1989 c 286: See note following RCW 16.04.010.
If no person shall claim the animal within ten days after the date of publication or posting of the notice, it shall be sold at the next succeeding public livestock market sale to be held at the sales yard where impounded, provided that in the director's discretion the department of agriculture may otherwise cause the animal to be sold at public sale.
The legislature intends this to be a clarification of existing law; therefore, this section shall have retroactive effect as of December 1, 1994.
[ 1995 c 374 s 70; 1975 1st ex.s. c 7 s 17; 1951 c 31 s 6. Formerly RCW 16.13.060. ]
NOTES:
Effective date—1995 c 374 ss 69, 70, and 72-79: See note following RCW 16.24.130.
The proceeds of the sale of animals impounded under this chapter, after deducting the costs of sale, shall be impounded in the estray fund of the department of agriculture, and if no valid claim is made within one year from the date of sale, the director of the department of agriculture shall transfer the proceeds of sale to the brand fund of the department to be used for the enforcement of this chapter.
[ 1985 c 415 s 17; 1951 c 31 s 7. Formerly RCW 16.13.070. ]
No law enforcement officer shall, directly or indirectly, purchase any animal sold under the provisions of this chapter, or any interest therein.
[ 1951 c 31 s 8. Formerly RCW 16.13.080. ]
It shall be lawful for any person having cows or heifers running at large in this state to take up or capture and castrate, at the risk of the owner, at any time between the first day of March and the fifteenth day of May, any bull above the age of ten months found running at large out of the enclosed grounds of the owner or keeper. It shall be lawful for any person to take up or capture and geld, at the risk of the owner, between April 1st and September 30th of any year, any stud horse or jackass or any male mule above the age of eighteen months found running at large out of the enclosed grounds of the owner or keeper. If the said animal shall die, as a result of such castration, the owner shall have no recourse against the person who shall have taken up or captured and castrated, or caused to be castrated, the said animal: PROVIDED, Such act of castration shall have been skillfully done by a person accustomed to doing the same: AND PROVIDED FURTHER, That if the person so taking up or capturing such animal, or causing it to be so taken up or captured, shall know the owner or keeper of such animal, and shall know that said animal is being kept for breeding purposes, it shall be his or her duty forthwith to notify such owner or keeper of the taking up of said animal, and if such owner or keeper shall not within two days after being so notified pay for the reasonable costs of keeping of said animal, and take and safely keep said animal thereafter within his or her own enclosures, then it shall be lawful for the taker-up of said animal to castrate the same, and the owner thereof shall pay a reasonable sum for such act of castration, if done skillfully, as hereinbefore required, and shall also pay for the keeping of said animal as above provided, and the amount for which he or she may be liable therefor may be recovered in an action at law in any court having jurisdiction thereof: AND PROVIDED FURTHER, That if said animal should be found running at large a third time within the same year, and within the prohibited dates hereinbefore mentioned, it shall be lawful for any person to capture and castrate the animal without giving any notice to the owner or keeper whatever. For purposes of this section, geld and castrate shall have the same meaning.
[ 2011 c 336 s 420; 1989 c 286 s 15; 1965 c 66 s 4; 1890 p 453 s 1; RRS s 3081. Formerly RCW 16.20.010. ]
NOTES:
Severability—1989 c 286: See note following RCW 16.04.010.
It shall be unlawful for any person, firm, association or corporation to turn upon or allow to run at large on any range area in this state any bull other than a registered bull of a recognized beef breed. All persons running cattle in common on any range area may, however, agree to run any purebred or crossbred bull of any breed, registered or unregistered, as they may deem appropriate for their area.
[ 1986 c 177 s 1; 1985 c 415 s 18; 1917 c 111 s 1; RRS s 3082. Formerly RCW 16.20.020. ]
Before any person, firm, association or corporation turns upon a range area in this state any female cattle of breeding age of more than fifteen in number, they shall procure and turn with said female breeding cattle one registered bull of recognized beef breed for every forty females or fraction thereof of twenty-five or over. All persons running cattle in common on any range area may, however, agree to any other proportion of bulls to female cattle of breeding age as they may deem appropriate for their area.
[ 1986 c 177 s 2; 1917 c 111 s 2; RRS s 3083. Formerly RCW 16.20.030. ]
RCW 16.24.190 and 16.24.200 shall not apply to counties lying west of the summit of the Cascade mountains.
[ 1989 c 286 s 17; 1985 c 415 s 19. Formerly RCW 16.20.035. ]
NOTES:
Severability—1989 c 286: See note following RCW 16.04.010.
It shall be the duty of any and all persons searching or hunting for stray horses, mules or cattle, to drive the band or herd in which they may find their stray horses, mules or cattle, into the nearest corral before separating their said stray animals from the balance of the herd or band; that in order to separate their said stray animals from the herd or band, the person or persons owning said stray shall drive them out of and away from the corral in which they may be driven before setting the herd at large.
[ 1989 c 286 s 16; 1987 c 202 s 181; 1969 ex.s. c 199 s 14; Code 1881 s 2537; RRS s 3050. Prior: 1869 pp 408, 409 ss 1, 2. Formerly RCW 16.28.160. ]
NOTES:
Severability—1989 c 286: See note following RCW 16.04.010.
Intent—1987 c 202: See note following RCW 2.04.190.
No person shall remove any livestock belonging to another from the range on which they are permitted to run at large, without the prior consent of the owner thereof. The owner of any livestock may move his or her own livestock, together with such other livestock as cannot be separated from his or her own, to the nearest corral, or other facility in order to separate his or her own livestock, if the other livestock are returned to the same location from which they were moved within twenty-four hours.
[ 1985 c 415 s 21; 1891 c 12 s 1; RRS s 3048. Formerly RCW 16.28.170, part. Formerly RCW 16.28.165. ]
It is the intent of the state of Washington to protect the public against the serious health and safety risks that dangerous wild animals pose to the community.
[ 2007 c 238 s 1. ]
(1) "Animal control authority" means an entity acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, county, and state and the shelter and welfare of animals.
(2) "Potentially dangerous wild animal" means one of the following types of animals, whether bred in the wild or in captivity, and any or all hybrids thereof:
(a) Class mammalia
(i) Order carnivora
(A) Family felidae, only lions, tigers, captive-bred cougars, jaguars, cheetahs, leopards, snow leopards, and clouded leopards;
(B) Family canidae, wolves, excluding wolf-hybrids;
(C) Family ursidae, all bears;
(D) Family hyaenidae, such as hyenas;
(ii) Order perissodactyla, only rhinoceroses;
(iii) Order primates, all nonhuman primate species;
(iv) Order proboscidae, all elephants [elephant] species;
(b) Class reptilia
(i) Order squamata
(A) Family atractaspidae, all species;
(B) Family colubridae, only dispholidus typus;
(C) Family elapidae, all species, such as cobras, mambas, kraits, coral snakes, and Australian tiger snakes;
(D) Family hydrophiidae, all species, such as sea snakes;
(E) Family varanidae, only water monitors and crocodile monitors;
(F) Family viperidae, all species, such as rattlesnakes, cottonmouths, bushmasters, puff adders, and gaboon vipers;
(ii) Order crocodilia, all species, such as crocodiles, alligators, caimans, and gavials.
(3) "Person" means any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate, or any other legal entity, and any officer, member, shareholder, director, employee, agent, or representative thereof.
(4) "Possessor" means any person who owns, possesses, keeps, harbors, brings into the state, or has custody or control of a potentially dangerous wild animal.
(5) "Wildlife sanctuary" means a nonprofit organization, as described in RCW 84.36.800, that cares for animals defined as potentially dangerous and:
(a) No activity that is not inherent to the animal's nature, natural conduct, or the animal in its natural habitat is conducted;
(b) No commercial activity involving an animal occurs including, but not limited to, the sale of or trade in animals, animal parts, animal by-products, or animal offspring, or the sale of photographic opportunities involving an animal, or the use of an animal for any type of entertainment purpose;
(c) No unescorted public visitations or direct contact between the public and an animal; or
(d) No breeding of animals occurs in the facility.
[ 2007 c 238 s 2. ]
(1) The provisions of this chapter do not apply to:
(a) Institutions authorized by the Washington department of fish and wildlife to hold, possess, and propagate deleterious exotic wildlife pursuant to RCW 77.12.047;
(b) Institutions accredited or certified by the American zoo and aquarium association or a facility with a current signed memorandum of participation with an association of zoos and aquariums species survival plan;
(c) Duly incorporated nonprofit animal protection organizations, such as humane societies and shelters, housing an animal at the written request of the animal control authority or acting under the authority of this chapter;
(d) Animal control authority, law enforcement officers, or county sheriffs acting under the authority of this chapter;
(e) Veterinary hospitals or clinics;
(f) A holder of a valid wildlife rehabilitation permit issued by the Washington department of fish and wildlife;
(g) Any wildlife sanctuary as defined under RCW 16.30.010(5);
(h) A research facility as defined by the animal welfare act, 7 U.S.C.A. 2131, as amended, for the species of animals for which they are registered. This includes but is not limited to universities, colleges, and laboratories holding a valid class R license under the animal welfare act;
(i) Circuses, defined as incorporated, class C licensees under the animal welfare act, 7 U.S.C.A. 2131, as amended, that are temporarily in this state, and that offer performances by live animals, clowns, and acrobats for public entertainment;
(j) A person temporarily transporting and displaying a potentially dangerous wild animal through the state if the transit time is not more than twenty-one days and the animal is at all times maintained within a confinement sufficient to prevent the animal from escaping;
(k) Domesticated animals subject to this title or native wildlife subject to Title 77 RCW;
(l) A person displaying animals at a fair approved by the Washington department of agriculture pursuant to chapter 15.76 or 36.37 RCW; and
(m) A game farm meeting the requirements of WAC 232-12-027(1).
(2) This chapter does not require a city or county that does not have an animal control authority to create that office.
[ 2007 c 238 s 3. ]
(1) A person shall not own, possess, keep, harbor, bring into the state, or have custody or control of a potentially dangerous wild animal, except as provided in subsection (3) of this section.
(2) A person shall not breed a potentially dangerous wild animal.
(3) A person in legal possession of a potentially dangerous wild animal prior to July 22, 2007, and who is the legal possessor of the animal may keep possession of the animal for the remainder of the animal's life. The person must maintain veterinary records, acquisition papers for the animal, if available, or other documents or records that establish that the person possessed the animal prior to July 22, 2007, and present the paperwork to an animal control or law enforcement authority upon request. The person shall have the burden of proving that he or she possessed the animal prior to July 22, 2007.
[ 2007 c 238 s 4. ]
(1) The animal control authority or a law enforcement officer may immediately confiscate a potentially dangerous wild animal if:
(a) The animal control authority or law enforcement officer has probable cause to believe that the animal was acquired after July 22, 2007, in violation of RCW 16.30.030;
(b) The animal poses a public safety or health risk;
(c) The animal is in poor health and condition as a result of the possessor; or
(d) The animal is being held in contravention of the [this] act.
(2) A potentially dangerous wild animal that is confiscated under this section may be returned to the possessor only if the animal control authority or law enforcement officer establishes that the possessor had possession of the animal prior to July 22, 2007, and the return does not pose a public safety or health risk.
(3) The animal control authority or law enforcement officer shall serve notice upon the possessor in person or by regular and certified mail, return receipt requested, notifying the possessor of the confiscation, that the possessor is responsible for payment of reasonable costs for caring and providing for the animal during the confiscation, and that the possessor must meet the requirements of subsection (2) of this section in order for the animal to be returned to the possessor.
(4) If a potentially dangerous wild animal confiscated under this section is not returned to the possessor, the animal control authority or law enforcement officer may release the animal to a facility such as a wildlife sanctuary or a facility exempted pursuant to RCW 16.30.020. If the animal control authority or law enforcement officer is unable to relocate the animal within a reasonable period of time, it may euthanize the animal.
(5) An animal control authority or law enforcement officer may euthanize a potentially dangerous wild animal under this section only if all known reasonable placement options, including relocation to a wildlife sanctuary, are unavailable.
(6) This section applies to animal confiscations on or after July 22, 2007.
[ 2007 c 238 s 5. ]
A city or county may adopt an ordinance governing potentially dangerous wild animals that is more restrictive than this chapter. However, nothing in this chapter requires a city or county to adopt an ordinance to be in compliance with this chapter.
[ 2007 c 238 s 6. ]
A person who violates RCW 16.30.030 is liable for a civil penalty of not less than two hundred dollars and not more than two thousand dollars for each animal with respect to which there is a violation and for each day the violation continues.
[ 2007 c 238 s 7. ]
(1) The animal control authority and its staff and agents, local law enforcement agents, and county sheriffs are authorized and empowered to enforce the provisions of this chapter.
(2) If a locality does not have a local animal control authority, the department of fish and wildlife shall enforce the provisions of this chapter.
[ 2007 c 238 s 8. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Animal" means all members of the animal kingdom except humans, fish, and insects. However, "animal" does not mean noncaptive wildlife as defined in RCW 77.08.010, except as used in RCW 16.36.050(1) and 16.36.080 (1), (2), (3), and (5).
(2) "Animal reproductive product" means sperm, ova, fertilized ova, and embryos from animals.
(3) "Certificate of veterinary inspection" means a legible veterinary health inspection certificate on an official electronic or paper form from the state of origin or from the animal and plant health inspection service (APHIS) of the United States department of agriculture, executed by a licensed and accredited veterinarian or a veterinarian approved by the animal and plant health inspection service. "Certificate of veterinary inspection" is also known as an "official health certificate."
(4) "Communicable disease" means a disease due to a specific infectious agent or its toxic products transmitted from an infected person, animal, or inanimate reservoir to a susceptible host, either directly or indirectly through an intermediate plant or animal host, vector, or the environment.
(5) "Contagious disease" means a communicable disease that is capable of being easily transmitted from one animal to another animal or a human.
(6) "Department" means the department of agriculture of the state of Washington.
(7) "Deputized state veterinarian" means a Washington state licensed and accredited veterinarian appointed and compensated by the director according to state law and department policies.
(8) "Director" means the director of the department or his or her authorized representative.
(9) "Farm-raised fish" means fish raised by aquaculture as defined in RCW 15.85.020. Farm-raised fish are considered to be a part of animal agriculture; however, disease inspection, prevention, and control programs and related activities for farm-raised fish are administered by the department of fish and wildlife under chapter 77.115 RCW.
(10) "Garbage" means the solid animal and vegetable waste and offal together with the natural moisture content resulting from the handling, preparation, or consumption of foods in houses, restaurants, hotels, kitchens, markets, meat shops, packing houses and similar establishments or any other food waste containing meat or meat products.
(11) "Herd or flock plan" means a written management agreement between the owner of a herd or flock and the state veterinarian, with possible input from a private accredited veterinarian designated by the owner and the area veterinarian-in-charge of the United States department of agriculture, animal and plant health inspection service, veterinary services in which each participant agrees to undertake actions specified in the herd or flock plan to control the spread of infectious, contagious, or communicable disease within and from an infected herd or flock and to work toward eradicating the disease in the infected herd or flock.
(12) "Hold order" means an order by the director to the owner or agent of the owner of animals or animal reproductive products which restricts the animals or products to a designated holding location pending an investigation by the director of the disease, disease exposure, well-being, movement, or import status of the animals or animal reproductive products.
(13) "Infectious agent" means an organism including viruses, rickettsia, bacteria, fungi, protozoa, helminthes, or prions that is capable of producing infection or infectious disease.
(14) "Infectious disease" means a clinical disease of humans or animals resulting from an infection with an infectious agent that may or may not be communicable or contagious.
(15) "Livestock" means horses, mules, donkeys, cattle, bison, sheep, goats, swine, rabbits, llamas, alpacas, ratites, poultry, waterfowl, game birds, and other species so designated by statute. "Livestock" does not mean free ranging wildlife as defined in Title 77 RCW.
(16) "Meat processors" means a person licensed to operate a slaughtering establishment under chapter 16.49 RCW or the federal meat inspection act (21 U.S.C. Sec. 601 et seq.).
(17) "Person" means a person, persons, firm, or corporation.
(18) "Quarantine" means the placing and restraining of any animal or its reproductive products by the owner or agent of the owner within a certain described and designated enclosure or area within this state, or the restraining of any animal or its reproductive products from entering this state, as may be directed in an order by the director.
(19) "Reportable disease" means a disease designated by rule by the director as reportable to the department by veterinarians and others made responsible to report by statute.
(20) "Sold" means sale, trade, gift, barter, or any other action that constitutes a change of ownership.
(21) "Veterinary biologic" means any virus, serum, toxin, and analogous product of natural or synthetic origin, or product prepared from any type of genetic engineering, such as diagnostics, antitoxins, vaccines, live microorganisms, killed microorganisms, and the antigenic or immunizing components intended for use in the diagnosis, treatment, or prevention of diseases in animals.
[ 2011 c 204 s 6. Prior: 2010 c 66 s 1; 2003 c 39 s 9; 1998 c 8 s 1; 1987 c 163 s 1; 1953 c 17 s 1. ]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
(1) The director shall supervise the prevention of the spread and the suppression of infectious, contagious, communicable, and dangerous diseases affecting animals within, in transit through, and imported into the state.
(2) The director may issue a quarantine order and enforce the quarantine of any animal or its reproductive products when any animal or its reproductive products are affected with or have been exposed to disease or when there is reasonable cause to investigate whether any animal or its reproductive products are affected with or have been exposed to disease, either within or outside the state. Overt disease or exposure to disease in any animal or its reproductive products need not be immediately obvious for a quarantine order to be issued or enforced. The quarantine shall remain in effect as long as the director deems necessary.
(3) The director may issue a hold order when:
(a) Overt disease or exposure to disease in an animal is not immediately obvious but there is reasonable cause to investigate whether an animal is diseased or has been exposed to disease;
(b) Import health papers, permits, or other transportation documents required by law or rule are not complete or are suspected to be fraudulent; or
(c) Further transport of an animal would jeopardize the well-being of the animal or other animals in Washington state.
A hold order is in effect for fourteen days and expires when released by the director or no later than midnight on the fourteenth day from the date of the hold order. A hold order may be replaced with a quarantine order for the purpose of animal disease control.
(4) Any animal or animal reproductive product placed under a quarantine or hold order shall be kept separate and apart from other animals designated in the instructions of the quarantine or hold order, and shall not be allowed to have anything in common with other animals.
(5) The expenses of handling and caring for any animal or animal reproductive product placed under a quarantine or hold order are the responsibility of the owner.
(6) The director has authority over the quarantine or hold area until the quarantine or hold order is released or the hold order expires.
(7) Any animal or animal reproductive product placed under a quarantine or hold order may not be moved, transported, or sold without written approval from the director or until the quarantine or hold order is released, or the hold order expires.
(8) The director may administer oaths and examine witnesses and records in the performance of his or her duties to control diseases affecting animals.
[ 2007 c 71 s 5; 2004 c 251 s 1; 1998 c 8 s 2; 1927 c 165 s 2; RRS s 3111. Prior: 1915 c 100 s 6, part; 1903 c 26 s 2, part. ]
(1) The director shall enforce and administer the provisions of this chapter pertaining to garbage feeding.
(2) The director has the authority to regulate the sale, distribution, and use of veterinary biologics in the state and may adopt rules to restrict the sale, distribution, or use of any veterinary biologic in any manner necessary to protect the health and safety of the public and the state's animal population.
(3) The director has the authority to license and regulate the activities of veterinary laboratories that do not have a veterinarian licensed under chapter 18.92 RCW present within the management or staff of the veterinary laboratory. The director may adopt rules to regulate these laboratories in any manner necessary to protect the health and safety of the public and the public's animals.
[ 1998 c 8 s 3; 1987 c 163 s 2; 1979 c 154 s 8; 1953 c 17 s 2; 1947 c 172 s 1; 1933 c 177 s 1; 1927 c 165 s 1; formerly Rem. Supp. 1947 s 3110. Prior: 1915 c 100 s 5; 1901 c 112 s 2; 1895 c 167 s 2. ]
NOTES:
Severability—1979 c 154: See note following RCW 15.49.330.
(1) The director may adopt rules establishing fees for:
(a) The establishment and inspection of animal holding facilities authorized under this chapter;
(b) The inspection and monitoring of animals in authorized animal holding facilities; and
(c) Special inspections of animals or animal facilities that the director may provide at the request of the animal owner or interested persons.
(2) The fees shall, as closely as practicable, cover the cost of the service provided.
(3) All fees collected under this section shall be deposited in an account in the agricultural local fund and used to carry out the purposes of this chapter.
[ 2008 c 285 s 28. ]
NOTES:
Intent—Captions not law—Effective date—2008 c 285: See notes following RCW 43.22.434.
(1) The director may collect moneys to recover the reasonable costs of purchasing, printing, and distributing official individual identification devices or methods, regulatory forms, and other supplies.
(2) In addition to the costs identified in subsection (1) of this section, the director may also collect moneys to recover the reasonable costs associated with the data entry and processing related to animal health documents that facilitate disease control and traceability.
(3) All funds received under this section must be deposited in the animal disease traceability account in the agricultural local fund created in RCW 43.23.230 to cover the costs associated with this chapter.
[ 2013 c 45 s 1; 2011 c 204 s 1; 1998 c 8 s 19. ]
(1) The director may adopt and enforce rules necessary to carry out the purpose and provisions of this chapter, and including:
(a) Preventing the introduction or spreading of infectious, contagious, communicable, or dangerous diseases affecting animals in this state;
(b) Governing the inspection and testing of all animals within or about to be imported into this state;
(c) Designating any disease as a reportable disease; and
(d) Designating when a certificate of veterinary inspection, import health papers, permits, or other transportation documents required by law or rule must designate a destination with a physical address for animals entering Washington and when those animals must be delivered or transported directly to the physical address of that destination.
(2) Rules to prevent the introduction or spread of infectious, contagious, communicable, or dangerous diseases affecting animals in this state may differ from federal regulations by being more restrictive.
[ 2011 c 204 s 8; 1998 c 8 s 4; 1979 c 154 s 10; 1947 c 172 s 3; 1927 c 165 s 4; Rem. Supp. 1947 s 3113. Prior: 1915 c 100 s 4; 1901 c 112 s 2; 1895 c 167 s 2. ]
NOTES:
Severability—1979 c 154: See note following RCW 15.49.330.
The director may establish points of inspection for vehicles transporting animals on the public roads of this state to determine if the animals being transported are accompanied by valid health certificates, permits, or other documents as required by this chapter or its rules. Vehicles transporting animals on the public roads of this state are subject to inspection and must stop at any posted inspection point established by the director, with emphasis on livestock being brought in from outside the state. The director or appointed officers are authorized to stop a vehicle transporting animals upon the public roads of this state at a place other than an inspection point if there is reasonable cause to believe the animals are being transported in violation of this chapter or its rules.
[ 2007 c 71 s 1. ]
(1) It is unlawful for a person to bring an animal into Washington state without first securing a certificate of veterinary inspection, reviewed by the state veterinarian of the state of origin, verifying that the animal meets the Washington state animal health requirements. This subsection does not apply to:
(a) Those animals that qualify for an exemption in RCW 16.36.140; or
(b) Other animals exempted by the director by rule.
(2) For animals imported into Washington it is unlawful for a person to transport or deliver an animal to any physical address other than the physical address of the destination designated by a certificate of veterinary inspection, import health papers, permits, or other transportation documents required by law or rule. The director may exempt animals from this requirement by rule.
(3) It is unlawful for a person to intentionally falsely make, complete, alter, use, or sign a certificate of veterinary inspection or official animal health document of the department.
(4) It is unlawful for a person to intentionally falsely apply, alter, or remove an official animal health or official animal identification tag, permanent mark, or other device.
(5) It is unlawful for a person to willfully hinder, obstruct, or resist the director, or any peace officer or deputized state veterinarian acting under him or her, when engaged in the performance of their duties.
(6) It is unlawful for a person to willfully fail to comply with or to violate any rule or order adopted by the director under this chapter.
[ 2011 c 204 s 9; 2010 c 66 s 2; 2007 c 71 s 2; 1998 c 8 s 5; 1979 c 154 s 11; 1947 c 172 s 4; 1927 c 165 s 5; Rem. Supp. 1947 s 3114. Prior: 1915 c 100 s 7; 1905 c 169 s 1; 1903 c 125 s 1. ]
NOTES:
Severability—1979 c 154: See note following RCW 15.49.330.
(1) The director has the authority to enter a property at any reasonable time to:
(a) Conduct tests, examinations, or inspections to take samples, and to examine and copy records when there is reasonable cause to investigate whether animals on the property or that have been on the property are infected with or have been exposed to disease; and
(b) Determine, when there is reasonable cause to investigate, whether animals on the property have been imported into Washington state in violation of requirements of this chapter, and to conduct tests, examinations, and inspections, take samples, and examine and copy records during such investigations.
(2) It is unlawful for any person to interfere with investigations, tests, inspections, or examinations, or to alter any segregation or identification systems made in connection with tests, inspections, or examinations conducted pursuant to subsection (1) of this section.
(3) If the director is denied access to a property or animals for purposes of this chapter, or a person fails to comply with an order of the director, the director may apply to a court of competent jurisdiction for a search warrant. To show that access is denied, the director shall file with the court an affidavit or declaration containing a description of all attempts to notify and locate the owner or owner's agent and secure consent. The court may issue a search warrant authorizing access to any animal or property at reasonable times to conduct investigations, tests, inspections, or examinations of any animal or property, or to take samples, and examine and copy records, and may authorize seizure or destruction of property.
[ 2011 c 204 s 10; 2010 c 66 s 4; 2004 c 251 s 2; 1998 c 8 s 6; 1985 c 415 s 2; 1979 c 154 s 12; 1947 c 172 s 5; 1927 c 165 s 6; Rem. Supp. 1947 s 3115. Prior: 1895 c 167 s 3. ]
NOTES:
Severability—1979 c 154: See note following RCW 15.49.330.
When any local governing body notifies the director of the presence or probable danger of infection from any animal diseases, the director, state veterinarian, or a deputized state veterinarian shall respond immediately and take appropriate action. In case of an emergency, the director may appoint deputies or assistants with equal power to act.
[ 1998 c 8 s 7; 1947 c 172 s 6; 1927 c 165 s 7; Rem. Supp. 1947 s 3116. Prior: 1895 c 167 s 4. ]
(1) Any person licensed to practice veterinary medicine, surgery, and dentistry in this state, veterinary laboratories, and others designated by this chapter shall immediately report in writing or by telephone, facsimile, or electronic mail to the director the existence or suspected existence of any reportable disease among animals within the state.
(2) Persons using their own diagnostic services must report any reportable disease among animals within the state to the director.
(3) The director shall investigate and/or maintain records of all cases of reportable diseases among animals within this state.
(4) The director may require appropriate treatment of any animal affected with, suspected of being affected with, or that has been exposed to any reportable disease. The owner may dispose of the animal rather than treating the animal as required by the director.
(5) It is unlawful for any person to import any animal infected with or exposed to a reportable disease without a permit from the director.
[ 1998 c 8 s 8; 1947 c 172 s 7; 1927 c 165 s 8; Rem. Supp. 1947 s 3117. ]
(1) It is unlawful for any person to sell, exchange, or give away any animal that he or she knows:
(a) Is infected with any contagious, infectious, or communicable disease;
(b) Has been exposed to any contagious, communicable, or infectious disease within the previous thirty days; or
(c) Has been treated for any condition within the previous thirty days;
without notifying the purchaser or person taking possession of the animal of the infection, exposure, or treatment unless the legal withdrawal period for any treatment has been met or exceeded.
(2) It is unlawful for any owner or person in possession of any animal having any contagious, communicable, or infectious disease to knowingly:
(a) Turn out the animal onto enclosed lands adjoining the enclosed lands of another that are kept for pasture or otherwise used for raising animals without notifying the owner of the enclosed lands; or
(b) Stable the animal or allow the animal to be stabled in any barn with other animals without notifying the other owners.
[ 1998 c 8 s 14; 1927 c 165 s 26; RRS s 3135. Prior: See Reviser's note to RCW 16.44.020. Formerly RCW 16.44.130. ]
Any person owning or having in his or her control any livestock which become infected with scrapie or another transmissible spongiform encephalopathy (TSE) or which have been exposed to such disease, shall immediately report the disease or exposure to the director. It is unlawful for any person to fail to report or to attempt to conceal the existence of any such disease.
[ 1998 c 8 s 15; 1927 c 165 s 28; RRS s 3137. Prior: See Reviser's note to RCW 16.44.020. Formerly RCW 16.44.140. ]
When any livestock affected with any contagious, infectious, or communicable disease mingle with any healthy livestock belonging to another person, through the fault or negligence of the owner of the diseased livestock or his or her agent, the owner is liable for all damages sustained by the owner of the healthy livestock.
[ 1998 c 8 s 16; 1927 c 165 s 32; RRS s 3141. Prior: See Reviser's note to RCW 16.44.020. Formerly RCW 16.44.160. ]
When public welfare demands, the director may order the slaughter or destruction of any animal affected with or exposed to any contagious, infectious, or communicable disease that is affecting or may affect the health of the state's animal population. The director may order destruction of any animal held under quarantine when public welfare demands or the owner of the animal fails or refuses to follow a herd or flock plan. The director shall give a written order directing an animal be destroyed by or under the direction of the state veterinarian.
[ 2004 c 251 s 3; 1998 c 8 s 9; 1985 c 415 s 3; 1979 c 154 s 13; 1947 c 172 s 8; 1927 c 165 s 9; Rem. Supp. 1947 s 3118. Prior: 1901 c 112 s 3, part; 1895 c 167 s 5, part. ]
NOTES:
Severability—1979 c 154: See note following RCW 15.49.330.
In ordering the slaughter or destruction of any animal, the director may pay an indemnity in an amount not to exceed seventy-five percent of the appraised or salvage value of the animal ordered slaughtered or destroyed. The actual indemnity amount shall be established by the director by rule. Payment of indemnity does not apply to an animal: (1) Belonging to the federal government or any of its agencies, this state or any of its agencies, or any municipal corporation; or (2) that has been brought into this state in violation of this chapter or rules adopted under this chapter.
[ 1998 c 8 s 10; 1985 c 415 s 4; 1963 ex.s. c 8 s 1. ]
Any person whose animal or animal reproductive products are placed under a quarantine, a hold order, or destruct order under RCW 16.36.090 may request a hearing. The request for a hearing must be in writing and filed with the director. Any hearing will be held in conformance with RCW 34.05.422 and 34.05.479.
[ 2004 c 251 s 4; 1998 c 8 s 17. ]
The director is authorized to cooperate with and enter into agreements with governmental agencies of this state, other states, and agencies of federal government in order to carry out the purpose and provisions of this chapter and to promote consistency of regulation.
[ 1998 c 8 s 11; 1927 c 165 s 10; RRS s 3119. Prior: 1901 c 112 s 3, part; 1895 c 167 s 5, part. ]
Every person owning or having in charge any livestock that has died because of disease shall dispose of the carcass within a time frame and in a manner prescribed in rule by the director, which may include, but is not limited to, burial, composting, incinerating, landfilling, natural decomposition, or rendering. Any livestock found dead from an unknown cause is presumed to have died because of disease.
[ 2006 c 155 s 1; 1949 c 100 s 2; Rem. Supp. 1949 s 3142-2. Formerly RCW 16.36.092, 16.68.020. ]
No person shall feed garbage to swine without first obtaining a license from the director. The license expires on June 30th of each year. Application for a license shall be accompanied by a fee of ten dollars which shall be credited to the general fund. The license is nontransferable and a separate license is required for each place of business if an operator has more than one feeding station.
Upon receipt of an application for a license to feed garbage, the director shall inspect the premises and determine whether the applicant meets the requirements of 9 C.F.R. Chapter 1 Part 166 as adopted by rule and any other rules adopted under this chapter. Upon approval of the application by the director and compliance with the provisions of this section, the applicant shall be issued a license. This section does not apply to any person feeding garbage from his or her own domestic household.
[ 1998 c 8 s 12; 1953 c 17 s 4. ]
NOTES:
Feeding of carcasses to swine: RCW 16.68.150.
(1) Any person who violates any provision of this chapter or the rules adopted under this chapter shall be guilty of a gross misdemeanor. Each day upon which a violation occurs constitutes a separate violation.
(2) The director may bring an action to enjoin the violation of any provision of this chapter or any rule adopted under this chapter in the superior court of Thurston county or of the county in which such violation occurs notwithstanding the existence of other remedies at law.
(3) The director may deny, revoke, or suspend any license issued under this chapter for any failure or refusal to comply with this chapter or rules adopted under this chapter. Upon notice by the director to deny, revoke, or suspend a license, a person may request a hearing under chapter 34.05 RCW.
[ 1998 c 8 s 13; 1989 c 354 s 35; 1981 c 296 s 14; 1957 c 22 s 5. Prior: 1953 c 17 s 8; 1927 c 165 s 33; RRS s 3142. ]
NOTES:
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1981 c 296: See note following RCW 15.08.010.
(1) Any person in violation of this chapter or its rules may be subject to a civil penalty in an amount of not more than one thousand dollars for each violation. Each violation is a separate and distinct offense. Every person who, through an act of commission or omission, procures, aids, or abets in the violation is in violation of this chapter or its rules and may be subject to the civil penalty provided in this section. Moneys collected under this section must be deposited in the state general fund.
(2) The department may charge a time and mileage fee for the cost of an investigation including inspecting animals and related records during an investigation of a proven violation of this chapter. The fee may be up to eighty-five dollars per hour and the current mileage rate set by the office of financial management. The director may increase the hourly fee by rule as necessary to cover costs of investigations. All fees collected pursuant to this subsection shall be deposited in an account in the agricultural local fund and used to carry out the purposes of this chapter.
[ 2011 c 204 s 11; 2007 c 71 s 4. ]
(1) Any person found transporting animals on the public roads of this state that are not accompanied by valid health certificates, permits, or other documents as required by this chapter or its rules has committed a class 1 civil infraction.
(2) Any person who knowingly transports or accepts delivery of live nonambulatory livestock to, from, or between any livestock market, feedlot, slaughtering facility, or similar facility that trades in livestock has committed a civil infraction and shall be assessed a monetary penalty not to exceed one thousand dollars. The transport or acceptance of each nonambulatory livestock animal is considered a separate and distinct violation. Livestock that was ambulatory prior to transport to a feedlot and becomes nonambulatory because of an injury sustained during transport may be unloaded and placed in a separate pen for rehabilitation at the feedlot. For the purposes of this section, "nonambulatory livestock" has the same meaning as in RCW 16.52.225.
(3) The director is authorized to issue notices of and enforce civil infractions in the manner prescribed under chapter 7.80 RCW.
[ 2009 c 347 s 1; 2007 c 71 s 3. ]
Certain animals defined in this chapter as livestock or animal may also meet the definition of wildlife contained in Title 77 RCW. This chapter does not allow importation, possession, or uses of animals that are in violation of Title 77 RCW or the rules adopted under that title, nor does it relieve the owners or possessors of wildlife from full compliance with the requirements of Title 77 RCW or the rules adopted under that title. Rules adopted by the director shall not allow importation, possession, or uses of animals that are in violation of Title 77 RCW or the rules adopted under that title.
[ 1998 c 8 s 18. ]
(1) It is unlawful for a person to bring an animal into Washington state without first securing a certificate of veterinary inspection, reviewed by the state veterinarian of the state of origin, verifying that the animal meets Washington state animal health requirements. This subsection does not apply to animals that:
(a) Have been exempted by the director by rule; or
(b) Will be delivered within twelve hours after entry into Washington state to:
(i) A federally inspected slaughter plant; or
(ii) A licensed public livestock market for sale and subsequent delivery within twelve hours to a federally inspected slaughter plant.
(2) The director may monitor animals entering Washington state. Persons importing, transporting, receiving, feeding, or housing imported animals shall:
(a) Comply with the requirement and any exemptions specified in subsection (1) of this section; and
(b) Make the animal and related records available for inspection by the director.
(3) The director may adopt and enforce rules necessary to carry out the purpose and provisions of this section.
[ 2018 c 281 s 1; 2011 c 204 s 12; 2010 c 66 s 3. ]
(1) The director shall adopt by rule a fee per head on cattle sold or slaughtered in the state or transported out of the state to administer animal disease traceability activities for cattle. The fee must be paid by:
(a) Sellers of cattle sold in the state, without exception;
(b) Owners of cattle that are transported out of Washington, unless an exception is provided by rule; and
(c) Owners of cattle slaughtered in the state.
(2) The fee adopted by the department may not exceed forty cents per head of cattle.
(3)(a) Except where the seller presents proof that the fee has been paid by a meat processor under (c) of this subsection, the fee required in this section must be paid by the owner of cattle receiving a livestock inspection issued by the department under chapter 16.57 RCW in the same manner as livestock inspection fees are collected under RCW 16.57.220.
(b) The fee required in this section must be paid from the owner of cattle not receiving a livestock inspection issued by the department under chapter 16.57 RCW by the fifteenth day of the month following the month the sale or transportation out-of-state occurred, or at a different time as designated by rule.
(c) When cattle are slaughtered, the fee required by this section must be collected from the seller of the cattle by the meat processor. The meat processor must transmit the fee to the department by the fifteenth day of the month following the month the transaction occurred, or at a different time as designated by rule. When cattle owned by a meat processor are slaughtered, the fee must be paid by the meat processor.
(4) All fees received by the department under this section must be deposited in the animal disease traceability account in the agricultural local fund created in RCW 43.23.230 to carry out animal disease traceability activities for cattle and to compensate the livestock identification program for data and fee collection.
(5) Any person failing to pay the fee established in this section has committed a class 1 civil infraction punishable as provided in RCW 7.80.120. Each violation is a separate and distinct offense.
[ 2011 c 204 s 2. ]
By December 1st of each year, the department shall submit an activity report and financial statement on the implementation of the animal disease traceability activities to the animal disease traceability advisory committee created in *section 5 of this act.
[ 2011 c 204 s 3. ]
NOTES:
*Reviser's note: Section 5, chapter 204, Laws of 2011 was vetoed by the governor.
The production of livestock is one of the largest industries in this state; and whereas livestock disease constitutes a constant threat to the public health and the production of livestock in this state; and whereas the prevention and control of such livestock diseases by the state may be best carried on by the establishment of a diagnostic service program for livestock diseases; therefore it is in the public interest and for the purpose of protecting health and general welfare that a livestock diagnostic service program be established.
[ 1969 c 100 s 1. ]
The director of agriculture is hereby authorized to carry on a diagnostic service program for the purpose of diagnosing any livestock disease which affects or may affect any livestock which is or may be produced in this state or otherwise handled in any manner for public distribution or consumption.
[ 1969 c 100 s 2. ]
In carrying out such diagnostic service program the director of agriculture may employ, subject to the state civil service act, chapter 41.06 RCW, the necessary personnel to properly effectuate such diagnostic service program.
[ 1969 c 100 s 3. ]
In carrying out such diagnostic service program the director of agriculture may enter into agreements and/or contracts with any other governmental agencies whether state or federal or public institution such as Washington State University or private institutions and/or research organizations.
[ 1969 c 100 s 4. ]
In carrying out such diagnostic service program, the director of agriculture may accept public or private funds, gifts or equipment or any other necessary properties.
[ 1969 c 100 s 5. ]
The director may, following a public hearing, establish a schedule of fees for services performed in carrying out such diagnostic service program. All fees collected under this provision shall be retained by the director of agriculture to be spent only for carrying out the purposes of this chapter.
[ 1986 c 203 s 6; 1969 c 100 s 6. ]
This chapter is intended to safeguard the household user of uninspected and inspected meat products from possible harm due to adulterated, misbranded, or unfit meat or meat products or meat or meat products that have been prepared under insanitary conditions.
[ 2000 c 99 s 1. ]
(1) This chapter does not apply to the slaughter and preparation of one thousand or fewer pastured chickens in a calendar year by the agricultural producer of the chickens for the sale of whole raw chickens by the producer directly to the ultimate consumer at the producer's farm.
(2) For the purposes of this section, "chicken" means the species Gallus domesticus.
[ 2003 c 397 s 1. ]
For the purposes of this chapter:
(1) "Department" means the department of agriculture of the state of Washington.
(2) "Director" means the director of the department or the director's designee.
(3) "Custom farm slaughterer" means a person licensed to slaughter meat food animals for the owner of the animal through the use of a mobile unit.
(4) "Custom slaughtering establishment" means the facility operated by a person licensed to slaughter meat food animals for the owner of the animal at a fixed location.
(5) "Custom meat facility" means the facility operated by a person licensed to prepare uninspected meat for the owner of the uninspected meat. Operators of custom meat facilities may also sell prepackaged inspected meat to any person. This chapter does not prohibit the operator of a custom meat facility from being licensed to prepare at the facility and sell inspected meat to any person.
(6) "Inspected meat" means the carcasses or carcass parts of meat food animals which have been slaughtered and inspected at establishments subject to inspection under a federal meat inspection act.
(7) "Uninspected meat" means the carcasses or carcass parts of meat food animals that have been slaughtered by the owner of the animals, a custom farm slaughterer, or at a custom slaughtering establishment.
(8) "Household user" means the ultimate consumer, members of the consumer's household, and his or her nonpaying guests and employees.
(9) "Person" means any individual, partnership, association, and corporation.
(10) "Meat food animal" means cattle, swine, sheep, or goats.
(11) "Meat food bird" means a ratite, such as an ostrich, emu, or rhea.
(12) "Official establishment" means an establishment operated for the purpose of slaughtering meat food animals for sale or use as human food in compliance with the federal meat inspection act.
(13) "Prepared" means smoked, salted, rendered, boned, cut up, or otherwise processed.
[ 2000 c 99 s 2; 1999 c 291 s 28; 1987 c 77 s 4. Formerly RCW 16.49.435. ]
NOTES:
Savings—1987 c 77: "This act does not affect any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule, regulation, or order adopted under those sections, and does not affect any proceeding instituted under those sections." [ 1987 c 77 s 12.]
The director shall enforce and carry out the provisions of this chapter and adopt rules necessary to carry out its purpose. The rules may include, but are not limited to:
(1) Requirements for construction, equipment, cleaning, sanitation, and sanitary practices to ensure sanitary operations;
(2) Requirements for identification or tagging of meat food animals slaughtered by licensees to maintain identification of the owner of the animal;
(3) Requirements for handling and storing inspected and uninspected meats and meat products;
(4) Requirements for labeling meat and meat products; and
(5) Requirements for slaughtering and processing of meat food birds by licensees.
[ 2000 c 99 s 3; 1987 c 77 s 5. Formerly RCW 16.49.680. ]
NOTES:
Savings—1987 c 77: See note following RCW 16.49.015.
(1) It is unlawful for any person to operate as a custom farm slaughterer or to operate a custom slaughtering establishment or custom meat facility in the state without first obtaining a license from the director. Custom farm slaughterers must obtain a separate license for each mobile unit. Separate licenses are required for each custom slaughtering establishment and custom meat facility.
(2) Application for a license must be made on a form prescribed by the director and accompanied by a twenty-five dollar license fee. The application must include:
(a) The full name and address of the applicant. If the applicant is a partnership or corporation, the application must include the full name and address of each partner or officer;
(b) The physical location address of each establishment or facility to be licensed;
(c) The name and address of a resident of this state authorized to accept legal notices for the applicant; and
(d) Any other information prescribed by the director.
(3) If an application for renewal of a license and the license fee are not received by June 30th, the applicant must pay an additional fee of twenty-five dollars before the renewal license is issued.
(4) Initial issuance of a license requires a prelicense inspection by the director for compliance with this chapter and rules adopted under this chapter. A license shall only be issued after an applicant is found to be in substantial compliance with this chapter and rules adopted under this chapter.
(5) Licenses issued under this chapter expire June 30th of each year.
(6) Licenses issued under this chapter are not transferable.
[ 2000 c 99 s 4; 1991 c 109 s 4; 1987 c 77 s 1; 1985 c 415 s 5; 1959 c 204 s 44. Formerly RCW 16.49.440. ]
NOTES:
Savings—1987 c 77: See note following RCW 16.49.015.
To determine compliance with this chapter and the rules adopted under this chapter, the director may inspect the mobile unit of any custom farm slaughterer and the premises of any custom slaughtering establishment or custom meat facility at any reasonable time.
[ 2000 c 99 s 5; 1987 c 77 s 8. Formerly RCW 16.49.690. ]
NOTES:
Savings—1987 c 77: See note following RCW 16.49.015.
Inspected and uninspected meat may only be prepared by a custom meat facility under the following conditions:
(1) Inspected meat and meat products prepared from inspected meat must be kept separated from uninspected meat and meat products prepared from uninspected meat to prevent inspected meat from coming into contact with uninspected meat.
(2) Preparation of inspected meat and uninspected meat must be done at different times.
(3) Equipment used in preparing uninspected meat or products prepared from uninspected meat must be cleaned and sanitized before being used to prepare inspected meat.
(4) Uninspected meat may be prepared only for the use of the owner, who must be a household user.
(5) Uninspected meat and meat products prepared from uninspected meat must be clearly marked and labeled "not for sale".
(6) Packages of uninspected meat may not be stored in a retail counter.
[ 2000 c 99 s 6; 1987 c 77 s 3; 1985 c 415 s 7; 1971 ex.s. c 98 s 3. Formerly RCW 16.49.610. ]
NOTES:
Savings—1987 c 77: See note following RCW 16.49.015.
A licensed custom farm slaughterer may transport the offal of a meat food animal he or she has slaughtered for the owner, when it is transported as part of a slaughtering transaction and the offal is handled in a sanitary manner.
[ 2000 c 99 s 7; 1967 ex.s. c 120 s 4. Formerly RCW 16.49.451. ]
It is unlawful for any person to:
(1) Sell, trade, or give away uninspected meat or meat products; or
(2) Interfere with the director in the performance of his or her duties under this chapter or the rules adopted under this chapter.
[ 2000 c 99 s 8; 1987 c 77 s 9. Formerly RCW 16.49.700. ]
NOTES:
Savings—1987 c 77: See note following RCW 16.49.015.
The director may investigate any violation or possible violation of this chapter or any rule adopted under this chapter. To assist in such investigation, the director may issue subpoenas to compel the attendance of witnesses or to compel production of records or documents anywhere in the state.
[ 2000 c 99 s 9; 1987 c 77 s 10. Formerly RCW 16.49.710. ]
NOTES:
Savings—1987 c 77: See note following RCW 16.49.015.
(1) The director may deny, suspend, or revoke any license required under this chapter if the director determines that an applicant or licensee has committed any of the following acts:
(a) Refused, neglected, or failed to comply with the provisions of this chapter, the rules adopted under this chapter, or any lawful order of the director;
(b) Refused, neglected, or failed to keep and maintain records required under this chapter or rules adopted under this chapter to make the records available to the director on request;
(c) Refused the director access to any facilities or parts of the facilities for the purpose of carrying out the provisions of this chapter or rules adopted under this chapter; or
(d) Refused, neglected, or failed to comply with any provisions of chapter 15.130 RCW or rules adopted under that chapter.
(2) Upon receipt of notice by the director to deny, suspend, or revoke a license, a person may request a hearing under chapter 34.05 RCW.
[ 2018 c 236 s 710; 2000 c 99 s 10; 1994 c 128 s 1; 1985 c 415 s 12. Formerly RCW 16.49.444. ]
Any person who fails to comply with this chapter or the rules adopted under this chapter may be subject to a civil penalty in an amount of not more than one thousand dollars per violation per day. Each violation is a separate and distinct offense.
All moneys collected for civil penalties under this chapter shall be deposited in the state general fund.
[ 2000 c 99 s 11; 1994 c 128 s 2; 1985 c 415 s 6; 1959 c 204 s 51. Formerly RCW 16.49.510. ]
Chapter 34.05 RCW governs the rights, remedies, and procedures respecting the administration of this chapter, including rule making, assessment of civil penalties, emergency actions, and license suspension, revocation, or denial.
[ 2000 c 99 s 12. ]
The provisions of this chapter relating to the sale of inspected meat in custom meat facilities do not supersede or restrict the authority of any county or any city to adopt ordinances that are more restrictive for the handling and sale of inspected meat than those provided in this chapter.
[ 2000 c 99 s 13; 1999 c 291 s 29; 1987 c 77 s 11; 1971 ex.s. c 98 s 9. Formerly RCW 16.49.670. ]
NOTES:
Savings—1987 c 77: See note following RCW 16.49.015.
The legislature of the state of Washington finds that the use of humane methods in the slaughter of livestock prevents needless suffering; results in safer and better working conditions for persons engaged in the slaughtering industry; brings about improvement of products and economy in slaughtering operations; and produces other benefits for producers, processors and consumers which tend to expedite the orderly flow of livestock and their products. It is therefore declared to be the policy of the state of Washington to require that the slaughter of all livestock, and the handling of livestock in connection with slaughter, shall be carried out only by humane methods and to provide that methods of slaughter shall conform generally to those authorized by the Federal Humane Slaughter Act of 1958, and regulations thereunder.
[ 1967 c 31 s 1. ]
For the purpose of this chapter:
(1) "Department" means the department of agriculture of the state of Washington.
(2) "Director" means the director of the department or his or her duly appointed representative.
(3) "Humane method" means either: (a) A method whereby the animal is rendered insensible to pain by mechanical, electrical, chemical, or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut; or (b) a method in accordance with the ritual requirements of any religious faith whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.
(4) "Livestock" means cattle, calves, sheep, swine, horses, mules, and goats.
(5) "Packer" means any person engaged in the business of slaughtering livestock.
(6) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association and every officer, agent, or employee, thereof. This term shall import either the singular or plural, as the case may be.
(7) "Slaughterer" means any person engaged in the commercial or custom slaughtering of livestock, including custom farm slaughterers.
[ 2011 c 336 s 421; 1967 c 31 s 2. ]
No slaughterer or packer shall bleed or slaughter any livestock except by a humane method: PROVIDED, That the director may, by administrative order, exempt a person from compliance with this chapter for a period of not to exceed six months if he or she finds that an earlier compliance would cause such person undue hardship.
[ 2011 c 336 s 422; 1967 c 31 s 3. ]
The director shall administer the provisions of this chapter. He or she shall adopt and may from time to time revise rules which shall conform substantially to the rules and regulations promulgated by the secretary of agriculture of the United States pursuant to the federal humane slaughter act of 1958, Public Law 85-765, 72 Stat. 862 and any amendments thereto. Such rules shall be adopted pursuant to the provisions of chapter 34.05 RCW as enacted or hereafter amended concerning the adoption of rules.
[ 2011 c 336 s 423; 1967 c 31 s 4. ]
The use of a manually operated hammer, sledge or poleaxe is declared to be an inhumane method of slaughter within the meaning of this chapter.
[ 1967 c 31 s 5. ]
Nothing in this chapter shall be construed to prohibit, abridge, or in any way hinder the religious freedom of any person or group. Notwithstanding any other provisions of this chapter, ritual slaughter and the handling or other preparation of livestock for ritual slaughter is defined as humane.
[ 1967 c 31 s 10. ]
The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter or any rule adopted pursuant to this chapter in the superior court in the county in which such violation occurs or is about to occur, notwithstanding the existence of the other remedies at law.
[ 1967 c 31 s 6. ]
Any person violating any provision of this chapter or of any rule adopted hereunder is guilty of a misdemeanor and subject to a fine of not more than two hundred fifty dollars or confinement in the county jail for not more than ninety days.
[ 1967 c 31 s 7. ]
(1) Principles of liability as defined in chapter 9A.08 RCW apply to this chapter.
(2) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(a) "Abandons" means the knowing or reckless desertion of an animal by its owner, or by a person who has taken control, custody, or possession of an animal that was involved in animal fighting as described in RCW 16.52.117, or the causing of the animal to be deserted by its owner, in any place, without making provisions for the animal's adequate care.
(b) "Animal" means any nonhuman mammal, bird, reptile, or amphibian.
(c) "Animal care and control agency" means any city or county animal control agency or authority authorized to enforce city or county municipal ordinances regulating the care, control, licensing, or treatment of animals within the city or county, and any corporation organized under RCW 16.52.020 that contracts with a city or county to enforce the city or county ordinances governing animal care and control.
(d) "Animal control officer" means any individual employed, contracted, or appointed pursuant to RCW 16.52.025 by an animal care and control agency or humane society to aid in the enforcement of ordinances or laws regulating the care and control of animals. For purposes of this chapter, the term "animal control officer" shall be interpreted to include "humane officer" as defined in (h) of this subsection and RCW 16.52.025.
(e) "Dog" means an animal of the species Canis lupus familiaris.
(f) "Euthanasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness, and death during the loss of consciousness.
(g) "Food" means food or feed appropriate to the species for which it is intended.
(h) "Humane officer" means any individual employed, contracted, or appointed by an animal care and control agency or humane society as authorized under RCW 16.52.025.
(i) "Law enforcement agency" means a general authority Washington law enforcement agency as defined in RCW 10.93.020.
(j) "Livestock" includes, but is not limited to, horses, mules, cattle, sheep, swine, goats, and bison.
(k) "Malice" has the same meaning as provided in RCW 9A.04.110, but applied to acts against animals.
(l) "Necessary food" means the provision of species-appropriate food that is easily accessible to the animal and of sufficient quantity and quality to sustain the animal in good health and allow for normal growth or maintenance of healthy body weight, provided at suitable intervals for the species, age, and condition of the animal, but at least once daily unless daily feeding is not suitable for the species, and placed so as to minimize contamination by excrement and pests, or as directed by a veterinarian for medical reasons.
(m) "Necessary medical attention" means veterinary care as deemed necessary by a reasonably prudent person to prevent or relieve in a timely manner distress from injury, neglect, or physical infirmity.
(n) "Necessary sanitation" means that both indoor areas and outdoor enclosures are kept reasonably clean and free from excess waste, garbage, noxious odors, or other contaminants, objects, or other animals that could cause harm to the animal's health and well-being.
(o) "Necessary shelter" means a structure sufficient to protect an animal from wind, rain, snow, cold, heat, or sun that has bedding to permit an animal to remain dry and reasonably clean and maintain a normal body temperature.
(p) "Necessary space" means continuous access to an area with the following:
(i) Adequate space for exercise necessary for the physical health and well-being of the animal based on the animal's species, age, or physical condition;
(ii) Temperature and ventilation suitable to the health and well-being of the animal based on the animal's species, age, or physical condition; and
(iii) Regular diurnal lighting cycles of either natural or artificial light.
(q) "Necessary water" means the provision of open or adequate access to potable water of a drinkable temperature that is easily accessible to the animal, in sufficient quantity to satisfy the animal's needs and placed so as to minimize contamination of the water by excrement and pests, or as directed by a veterinarian for medical reasons.
(r) "Owner" means a person who has a right, claim, title, legal share, or right of possession to an animal or a person having control, custody, or possession of an animal.
(s) "Person" means individuals, corporations, partnerships, associations, or other legal entities, and agents of those entities.
(t) "Substantial bodily harm" means substantial bodily harm as defined in RCW 9A.04.110.
(u) "Tether" means: (i) To restrain an animal by tying or securing the animal to any object or structure; and (ii) a device including, but not limited to, a chain, rope, cable, cord, tie-out, pulley, or trolley system for restraining an animal.
[ 2025 c 220 s 1; 2020 c 158 s 2; 2019 c 174 s 3; 2017 c 65 s 2. Prior: 2015 c 235 s 2; prior: 2011 c 172 s 1; 2011 c 67 s 3; 2009 c 287 s 1; 2007 c 376 s 2; 1994 c 261 s 2. ]
NOTES:
Finding—Intent—1994 c 261: "The legislature finds there is a need to modernize the law on animal cruelty to more appropriately address the nature of the offense. It is not the intent of this act to remove or decrease any of the exemptions from the statutes on animal cruelty that now apply to customary animal husbandry practices, state game or fish laws, rodeos, fairs under chapter 15.76 RCW, or medical research otherwise authorized under federal or state law. It is the intent of this act to require the enforcement of chapter 16.52 RCW by persons who are accountable to elected officials at the local and state level." [ 1994 c 261 s 1.]
(1) Law enforcement agencies and animal care and control agencies may enforce the provisions of this chapter. Animal care and control agencies may enforce the provisions of this chapter in a county or city only if the county or city legislative authority has entered into a contract with the agency to enforce the provisions of this chapter.
(2) Animal control officers enforcing this chapter shall comply with the same constitutional and statutory restrictions concerning the execution of police powers imposed on law enforcement officers who enforce this chapter and other criminal laws of the state of Washington.
(3) Animal control officers have the following enforcement powers when enforcing this chapter:
(a) The power to issue civil penalties based on violations under RCW 16.52.360;
(b) The power to issue citations based on probable cause to offenders for civil infractions and misdemeanor and gross misdemeanor violations of this chapter or RCW 9.08.070 through 9.08.078 or 81.48.070;
(c) The power to cause a law enforcement officer to arrest and take into custody any person the animal control officer has probable cause to believe has committed or is committing a violation of this chapter or RCW 9.08.070 or 81.48.070. Animal control officers may make an oral complaint to a prosecuting attorney or a law enforcement officer to initiate arrest. The animal control officer causing the arrest shall file with the arresting agency a written complaint within 24 hours of the arrest, excluding Sundays and legal holidays, stating the alleged act or acts constituting a violation;
(d) The power to carry nonfirearm protective devices for personal protection;
(e) The power to prepare affidavits in support of search warrants and to execute search warrants when accompanied by law enforcement officers to investigate violations of this chapter or RCW 9.08.070 or 81.48.070, and to seize evidence of those violations.
(4) Upon request of an animal control officer who has probable cause to believe that a person has violated this chapter or RCW 9.08.070 or 81.48.070, a law enforcement agency officer may arrest the alleged offender.
[ 2023 c 208 s 2; 2011 c 172 s 2; 2003 c 53 s 110; 1994 c 261 s 3. ]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Any citizens of the state of Washington incorporated under the laws of this state as a humane society or as a society for the prevention of cruelty to animals may enforce the provisions of this chapter through its animal control officers subject to the limitations in RCW 16.52.015 and 16.52.025. The legislative authority in each county may grant exclusive authority to exercise the privileges and authority granted by this section to one or more qualified corporations for a period of up to three years based upon ability to fulfill the purposes of this chapter.
[ 1994 c 261 s 4; 1973 1st ex.s. c 125 s 1; 1901 c 146 s 1; RRS s 3184. ]
NOTES:
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Trustees of humane societies incorporated pursuant to RCW 16.52.020 may appoint society members to act as animal control officers. The trustee appointments shall be in writing. The appointment shall be effective in a particular county only if an appointee obtains written authorization from the superior court of the county in which the appointee seeks to enforce this chapter. To obtain judicial authorization, an appointee seeking judicial authorization on or after June 9, 1994, shall provide evidence satisfactory to the judge that the appointee has successfully completed training which has prepared the appointee to assume the powers granted to animal control officers pursuant to RCW 16.52.015. The trustees shall review appointments every three years and may revoke an appointment at any time by filing a certified revocation with the superior court that approved the appointment. Authorizations shall not exceed three years or trustee termination, whichever occurs first. To qualify for reappointment when a term expires on or after June 9, 1994, the officer shall obtain training or satisfy the court that the officer has sufficient experience to exercise the powers granted to animal control officers pursuant to RCW 16.52.015.
[ 1994 c 261 s 5. ]
NOTES:
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Any person who wilfully transports or confines or causes to be transported or confined any domestic animal or animals in a manner, posture or confinement that will jeopardize the safety of the animal or the public shall be guilty of a misdemeanor. And whenever any such person shall be taken into custody or be subject to arrest pursuant to a valid warrant therefor by any officer or authorized person, such officer or person may take charge of the animal or animals; and any necessary expense thereof shall be a lien thereon to be paid before the animal or animals may be recovered; and if the expense is not paid, it may be recovered from the owner of the animal or the person guilty.
[ 1982 c 114 s 5; 1974 ex.s. c 12 s 1; 1901 c 146 s 5; RRS s 3188. Prior: 1893 c 27 s 2, part; Code 1881 s 930, part. ]
NOTES:
Cruelty to stock in transit: RCW 81.48.070.
(1) For the purposes of this section:
(a) "Minimum care" means care sufficient to preserve the physical and mental health and well-being of an animal and includes, but is not limited to, the following requirements:
(i) Food of sufficient nutrition, quantity, and quality to allow for normal growth or maintenance of healthy body weight;
(ii) Open or adequate access to potable water of a drinkable temperature in sufficient quantity to satisfy the animal's needs;
(iii) Shelter sufficient to protect the animal from wind, rain, snow, sun, or other environmental or weather conditions based on the animal's species, age, or physical condition;
(iv) Veterinary or other care as may be deemed necessary by a reasonably prudent person to prevent or relieve in a timely manner distress from injury, neglect, or physical infirmity; and
(v) Continuous access to an area:
(A) With adequate space for exercise necessary for the physical and mental health and well-being of the animal. Inadequate space may be indicated by evidence of debility, stress, or abnormal behavior patterns;
(B) With temperature and ventilation suitable for the health and well-being of the animal based on the animal's species, age, or physical condition;
(C) With regular diurnal lighting cycles of either natural or artificial light; and
(D) Kept reasonably clean and free from excess waste, garbage, noxious odors, or other contaminants, objects, or other animals that could cause harm to the animal's health and well-being.
(b) "Physical infirmity" includes, but is not limited to, starvation, dehydration, hypothermia, hyperthermia, muscle atrophy, restriction of blood flow to a limb or organ, mange or other skin disease, or parasitic infestation.
(c) "Physical injury" includes, but is not limited to, substantial physical pain, fractures, cuts, burns, punctures, bruises, or other wounds or illnesses produced by violence or by a thermal or chemical agent.
(d) "Serious physical injury or infirmity" means physical injury or physical infirmity that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of a limb or bodily organ.
(2)(a) If a law enforcement officer or animal control officer has probable cause to believe that an owner of a domestic animal has violated this chapter or a person owns, cares for, or resides with an animal in violation of RCW 16.52.200 or a pretrial order by a court, the officer, after obtaining a warrant, may enter the premises where the animal is located and seize the animal.
(b) If a law enforcement officer or an animal control officer has probable cause to believe an animal is in imminent danger or is suffering serious physical injury or infirmity, or needs immediate medical attention, the officer may enter onto private property without a warrant to:
(i) Render emergency aid to the animal; or
(ii) Seize the animal without a warrant. Any animal seized without a warrant shall immediately be brought to a veterinarian licensed in the state of Washington to provide medical attention and to assess the health of the animal.
(c) A law enforcement officer or an animal control officer is not liable for any damages for entry onto private property without a warrant under this section, provided that the officer does not use any more force than is reasonably necessary to enter upon the property and remove the animal.
(3)(a) An animal seized under this section may be placed into the custody of an animal care and control agency, into foster care that is not associated in any way with the owner, or with a nonprofit humane society, nonprofit animal sanctuary, or nonprofit rescue organization. In determining what is a suitable placement, the officer shall consider the animal's needs, including its size, medical needs, and behavioral characteristics. Any person or custodial agency receiving an animal seized under this section shall provide the animal with minimum care.
(b) If a seized animal is placed into foster care or with a nonprofit animal sanctuary or rescue organization, the seizing agency shall retain constructive custody of the animal, shall have the duty to ensure the animal receives minimum care, and may draw from the bond under subsection (5) of this section and distribute the funds to the foster home, authorized humane society, sanctuary, or rescue organization that is authorized to care for the animal.
(4) The owner from whom the animal was seized shall be provided with notice of the right to petition for immediate return of the animal and shall be afforded an opportunity to petition for such a civil hearing before the animal is deemed abandoned and forfeited. Any owner whose animal is seized by a law enforcement officer or animal control officer under this section shall, within 72 hours following the seizure, be given written notice of the circumstances of the removal and notice of legal remedies available to the owner. The notice shall be given by posting at the place of seizure, by delivery to the last known or suspected owner in person or a person residing at the place of seizure, or by registered mail to the last known or suspected owner. Such notice shall include:
(a) The name, business address, and telephone number of the law enforcement agency or animal care and control agency responsible for seizing the animal;
(b) A description of the seized animal;
(c) The authority and purpose for the seizure, including the time, place, and circumstances under which the animal was seized;
(d) A statement that the owner is responsible for the cost of care for an animal who was lawfully seized, and that the owner will be required to post a bond with the clerk of the district court of the county from which the animal was seized to defray the cost of minimum care pursuant to subsection (5) of this section within 14 calendar days of the seizure or the animal will be deemed abandoned and forfeited; and
(e) A statement that the owner has a right to petition the district court for a civil hearing for immediate return of the animal and that in order to receive a hearing, the owner or owner's agent must request the civil hearing by signing and returning to the court an enclosed petition within 14 calendar days after the date of seizure. The enclosed petition must be in substantially the same form as set forth in subsection (13) of this section.
(5)(a) When an animal is seized pursuant to this section, the owner shall post a bond with the district court in an amount sufficient to provide minimum care for each animal seized for 30 days, including the day on which the animal was taken into custody, regardless of whether the animal is the subject of a criminal charge. Such bond shall be filed with the clerk of the district court of the county from which the animal was seized within 14 calendar days after the day the animal is seized.
(b)(i) If an owner fails to post a bond by 5:00 p.m. on the 14th calendar day after the day the animal was seized as required under this section, the animal is deemed abandoned and the owner's interest in the animal is forfeited to the custodial agency by operation of law in accordance with the notice provided in subsection (4) of this section.
(ii) A petition required by subsection (4)(e) of this section may be filed in the district court of the county from which an animal was seized concerning any animal seized pursuant to this section. Copies of the petition must be served on the law enforcement agency or animal care and control agency responsible for seizing the animal and the prosecuting attorney.
(iii) An owner's failure to file a written petition by 5:00 p.m. on the 14th calendar day after the day the animal was seized shall constitute a waiver of the right to file a petition under this subsection and the animal is deemed abandoned and the owner's interest in the animal is forfeited to the custodial agency by operation of law unless a bond has been posted pursuant to this subsection (5). The court may extend the 14-day period to file a written petition by an additional 14 calendar days if the petitioner did not have actual notice of the seizure and the court finds, on the record and in writing, that there are exceptional and compelling circumstances justifying the extension.
(c)(i) Upon receipt of a petition pursuant to (b) of this subsection, the court shall set a civil hearing on the petition. The hearing shall be conducted within 30 calendar days after the filing of the petition.
(ii) At the hearing requested by the owner, the rules of civil procedure shall apply and the respondent shall have the burden of establishing probable cause to believe that the seized animal was subjected to a violation of this chapter. The owner shall have an opportunity to be heard before the court makes its final finding. If the court finds that probable cause exists, the court shall order the owner to post a bond as required by this subsection (5) within 72 hours of the hearing, and if the owner fails to do so, the seized animal is deemed abandoned and the owner's interest in the animal is forfeited to the custodial agency by operation of law. If the respondent does not meet its burden of proof, the court may order the animal returned to the owner at no cost to the owner, subject to conditions set by the court. If the court orders the return of an animal to the owner, the court may also order:
(A) Reasonable attorney fees for the owner; and
(B) A full refund of the bond posted pursuant to this subsection (5) by the owner for the care of the animal.
(d)(i) If a bond has been posted in accordance with this subsection (5), subsequent court proceedings shall be given court calendar priority so long as the animal remains in the custody of the custodial agency and the custodial agency may draw from the bond the actual reasonable costs incurred by the agency in providing minimum care to the animal from the date of seizure to the date of final disposition of the animal in the criminal action.
(ii) At the end of the time for which expenses are covered by the bond, if the owner seeks to prevent disposition of the animal by the custodial agency, the owner shall post a new bond with the court within 72 hours following the prior bond's expiration. If an owner fails to post or renew a bond as required under this subsection (5), the animal is deemed abandoned and the owner's interest in the animal is forfeited to the custodial agency by operation of law.
(e) For the purposes of this subsection (5), "animal" includes all unborn offspring of the seized animal and all offspring of the seized animal born after the animal was seized.
(6) When an animal is seized from a person prohibited from owning, caring for, possessing, or residing with animals under RCW 16.52.200 or an order issued pursuant to RCW 16.52.117, 16.52.205, or 16.52.207, the animal is immediately and permanently forfeited by operation of law to the custodial agency and no court action is necessary.
(7) If an animal is forfeited to a custodial agency according to the provisions of this section, the agency to which the animal was forfeited may place the animal with a new owner; provided that the agency may not place the animal with family members or friends of the former owner or with anyone who lives in the same household as the former owner. At the time of placement, the agency must provide the new owner with notice that it may constitute a crime for the former owner to own, care for, possess, or reside with the animal at any time in the future.
(8) A custodial agency may authorize a veterinarian or veterinary technician licensed in the state of Washington or a certified euthanasia technician certified in the state of Washington to euthanize a seized animal for humane reasons at any time if the animal is severely injured, sick, diseased, or suffering.
(9) Nothing in this chapter shall be construed to prevent the voluntary, permanent relinquishment of any animal by its owner to a law enforcement officer, animal control officer, or animal care and control agency. Voluntary relinquishment has no effect on the criminal charges that may be pursued by the appropriate authorities.
(10) Nothing in this chapter requires court action for taking custody of, caring for, and properly disposing of stray, feral, at-large, or abandoned animals, or wild animals not owned or kept as pets or livestock, as lawfully performed by law enforcement agencies or animal care and control agencies.
(11) Any authorized person caring for, treating, or attempting to restore an animal to health under this chapter shall not be civilly or criminally liable for such action.
(12) The provisions of this section are in addition to, and not in lieu of, the provisions of RCW 16.52.200.
(13) A petition for a civil hearing for the immediate return of a seized animal shall be in a form substantially similar to the following:
| "IN THE . . . . . COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF . . . . . . | ||
|---|---|---|
| . . . ., | No. . . . . | |
| Petitioner, | ||
| vs. | PETITION FOR | |
| . . . ., | RETURN OF SEIZED | |
| Respondent | ANIMALS |
PARTIES/JURISDICTION
(a)(i) That Petitioner is, and at all relevant times herein was, a resident of . . . . . (county of residence) County, Washington.
(ii) That Respondent is, and at all relevant times herein was, an agent, contractor, or political subdivision of the City/County of . . . . . (city or county of seizing agency), State of Washington.
(iii) That Petitioner's animal/animals were seized by Respondent in . . . . . (county where animals were seized) County, Washington.
(iv) That this Court has jurisdiction over the subject matter and the parties hereto.
FACTS
(b)(i) That upon seizure of . . . . (number and type of animals) such animals were placed in the care and custody of the Respondent on . . . . (date of seizure).
(ii) That on or about . . . . (date on notice) the Respondent issued a seizure, bond, and forfeiture notice under RCW 16.52.085, a true and correct copy of said notice and accompanying attachments is attached hereto and incorporated herein as Exhibit A (attach a copy of the notice of seizure to this petition).
(iii) That pursuant to such notice, Petitioner herein files this petition for the immediate return of all such seized animals pursuant to RCW 16.52.085.
PRAYER
(c) Petitioner prays that this Court grant said petition and order the immediate return of Petitioner's aforementioned animals to Petitioner's care and custody.
DATED the . . . day of ........, ....
By: ...................................
Petitioner (Signature)["]
[ 2025 c 220 s 2; 2023 c 246 s 2; 2020 c 158 s 3; 2016 c 181 s 1; 2011 c 172 s 3; 2009 c 287 s 2; 1994 c 261 s 6; 1987 c 335 s 1; 1974 ex.s. c 12 s 2.]
NOTES:
Findings—2023 c 246: "The legislature finds and declares that:
(1) The use of preconviction civil remedies is not an affront to the presumption of innocence and shall be used to satisfy the interest of the state in mitigating the suffering of animals by expediting the disposition of animal victims seized during animal cruelty investigations.
(2) Washington has an interest in facilitating the mitigation of costs of care incurred by a government agency, an animal care and control agency or its agent, or a person or agency that provides treatment for seized animals. A government agency, an animal care and control agency or its agent, or a person or agency that provides care and treatment for seized animals may mitigate the costs of the care and treatment through funding that is separate from, and in addition to, any recovery of reasonable costs that a court orders a defendant to pay while a forfeiture proceeding is pending or subsequent to a conviction.
(3) The purpose of this act is to provide a means by which a neglected or abused animal, an animal involved in animal fighting, or an animal kept in violation of RCW 16.52.200 or a court order may be removed from its present custody and protected, cared for, and disposed of appropriately and humanely.
(4) The laws and rules of Washington that are applicable to civil asset forfeiture do not apply to the seizure and forfeiture of animals under this section." [ 2023 c 246 s 1.]
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Construction—1987 c 335: "Nothing in this act shall be construed as expanding or diminishing, in any manner whatsoever, any authority granted officers under RCW 16.52.020 or 16.52.030." [ 1987 c 335 s 6.]
Severability—1987 c 335: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1987 c 335 s 7.]
PDFRCW 16.52.090
Docking horses—Misdemeanor.
Every person who shall cut or cause to be cut, or assist in cutting the solid part of the tail of any horse in the operation known as "docking," or in any other operation for the purpose of shortening the tail or changing the carriage thereof, shall be guilty of a misdemeanor.
[ 1901 c 146 s 6; RRS s 3189. FORMER PART OF SECTION: Code 1881 s 840; 1871 p 103 s 1; RRS s 3206, now codified as RCW 16.52.095.]
PDFRCW 16.52.095
Certain veterinary procedures—Misdemeanor.
(1) Except as provided in subsection (2) of this section, it is a misdemeanor:
(a) For any person to cut off more than one-half of the ear or ears of any domestic animal such as an ox, cow, bull, calf, sheep, goat, or hog; or
(b) For any person to:
(i) Devocalize a dog;
(ii) Crop or cut off any part of the ear of a dog; or
(iii) Crop or cut off any part of the tail of a dog that is seven days old or older, or has opened its eyes, whichever occurs sooner.
(2) This section does not apply if the person performing the procedure is a licensed veterinarian utilizing accepted veterinary surgical protocols that may include local anesthesia, general anesthesia, or perioperative pain management.
[ 2020 c 158 s 4; 1994 c 261 s 7; Code 1881 s 840; 1871 p 103 s 1; RRS s 3206. Formerly RCW 16.52.090, part.]
NOTES:
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
PDFRCW 16.52.100
Confinement without food and water—Intervention by others.
(1) If any domestic animal is impounded or confined without necessary food and water for more than 24 consecutive hours, any person may, from time to time, as is necessary, enter into and open any pound or place of confinement in which any domestic animal is confined, and supply it with necessary food and water so long as it is confined. The person shall not be liable to action for the entry, and may collect from the animal's owner the reasonable cost of the food and water. The animal shall be subject to attachment for the costs and shall not be exempt from levy and sale upon execution issued upon a judgment.
(2) An investigating officer may enter into and upon a property, building, dwelling, or vehicle to provide a confined animal necessary food and water prior to the animal being without necessary food or water for 24 consecutive hours if the officer has probable cause to believe the animal's health or life is in imminent danger. If an investigating officer finds it extremely difficult to supply confined animals with food and water, the officer may remove the animals to protective custody for that purpose.
(3) Nothing in this section shall be construed as requiring an investigating officer to wait for an animal to be confined or impounded without necessary food or water for 24 consecutive hours before making a determination that the animal has been abandoned.
(4) When determining if an animal has been abandoned under this chapter, a determination of abandonment by an officer must be based on probable cause.
[ 2025 c 220 s 3; 1994 c 261 s 10; 1982 c 114 s 6; 1901 c 146 s 12; RRS s 3195.]
NOTES:
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
PDFRCW 16.52.117
Animal fighting—Prohibited behavior—Penalty—Exceptions.
(1) A person commits the crime of animal fighting if the person knowingly does any of the following, causes a minor to do any of the following, or aids or abets any of the following:
(a) Owns, possesses, keeps, breeds, trains, buys, sells, or advertises or offers for sale any animal with the intent that the animal shall be engaged in an exhibition of fighting with another animal;
(b) Promotes, organizes, conducts, participates in, is a spectator of, advertises, prepares, or performs any service in the furtherance of, an exhibition of animal fighting, transports spectators to an animal fight, or provides or serves as a stakeholder for any money wagered on an animal fight;
(c) Keeps or uses any place for the purpose of animal fighting, or manages or accepts payment of admission to any place kept or used for the purpose of animal fighting;
(d) Suffers or permits any place over which the person has possession or control to be occupied, kept, or used for the purpose of an exhibition of animal fighting;
(e) Steals, takes, leads away, possesses, confines, sells, transfers, or receives an animal with the intent of using the animal for animal fighting, or for training or baiting for the purpose of animal fighting; or
(f) Owns, possesses, buys, sells, transfers, or manufactures animal fighting paraphernalia for the purpose of engaging in, promoting, or facilitating animal fighting, or for baiting a live animal for the purpose of animal fighting.
(2)(a) Except as provided in (b) of this subsection, a person who violates this section is guilty of a class C felony punishable under RCW 9A.20.021.
(b) A person who intentionally mutilates an animal in furtherance of an animal fighting offense as described in subsection (1) of this section is guilty of a class C felony punishable under RCW 9A.20.021.
(3) Nothing in this section prohibits the following:
(a) The use of dogs in the management of livestock, as defined by chapter 16.57 RCW, by the owner of the livestock or the owner's employees or agents or other persons in lawful custody of the livestock;
(b) The use of dogs in hunting as permitted by law; or
(c) The training of animals or the use of equipment in the training of animals for any purpose not prohibited by law.
(4) For the purposes of this section, "animal fighting paraphernalia" includes equipment, products, implements, or materials of any kind that are used, intended for use, or designed for use in the training, preparation, conditioning, or furtherance of animal fighting, and includes, but is not limited to: Cat mills; fighting pits; springpoles; unprescribed veterinary medicine; treatment supplies; and gaffs, slashers, heels, and any other sharp implement designed to be attached in place of the natural spur of a cock or game fowl.
[ 2025 c 220 s 4; 2019 c 174 s 1; 2015 c 235 s 3; 2006 c 287 s 1; 2005 c 481 s 3; 1994 c 261 s 11; 1982 c 114 s 9.]
NOTES:
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
PDFRCW 16.52.180
Limitations on application of chapter.
No part of this chapter shall be deemed to interfere with any of the laws of this state known as the "game laws," nor be deemed to interfere with the right to destroy any venomous reptile or any known as dangerous to life, limb or property, or to interfere with the right to kill animals to be used for food or with any properly conducted scientific experiments or investigations, which experiments or investigations shall be performed only under the authority of the faculty of some regularly incorporated college or university of the state of Washington or a research facility registered with the United States department of agriculture and regulated by 7 U.S.C. Sec. 2131 et seq.
[ 1994 c 261 s 12; 1901 c 146 s 18; RRS s 3201.]
NOTES:
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
PDFRCW 16.52.185
Exclusions from chapter.
Nothing in this chapter applies to accepted husbandry practices used in the commercial raising or slaughtering of livestock or poultry, or products thereof or to the use of animals in the normal and usual course of rodeo events or to the customary use or exhibiting of animals in normal and usual events at fairs as defined in RCW 15.76.120.
[ 1994 c 261 s 22; 1982 c 114 s 10.]
NOTES:
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
PDFRCW 16.52.190
Poisoning animals—Penalty.
(1) Except as provided in subsections (2) and (3) of this section, a person is guilty of the crime of poisoning animals if the person intentionally or knowingly poisons an animal under circumstances which do not constitute animal cruelty in the first degree.
(2) Subsection (1) of this section shall not apply to euthanizing by poison an animal in a lawful and humane manner by the animal's owner, or by a duly authorized servant or agent of the owner, or by a person acting pursuant to instructions from a duly constituted public authority.
(3) Subsection (1) of this section shall not apply to the reasonable use of rodent or pest poison, insecticides, fungicides, or slug bait for their intended purposes. As used in this section, the term "rodent" includes but is not limited to Columbia ground squirrels, other ground squirrels, rats, mice, gophers, rabbits, and any other rodent designated as injurious to the agricultural interests of the state as provided in *chapter 17.16 RCW. The term "pest" as used in this section includes any pest as defined in RCW 17.21.020.
(4) A person violating this section is guilty of a gross misdemeanor.
[ 2003 c 53 s 111; 1994 c 261 s 13; 1941 c 105 s 1; RRS s 3207-1. Formerly RCW 16.52.150, part.]
NOTES:
*Reviser's note: Chapter 17.16 RCW was repealed by 1994 c 11 s 1.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
PDFRCW 16.52.193
Poisoning animals—Strychnine sales—Records—Report on suspected purchases.
(1) It is unlawful for any person other than a registered pharmacist to sell at retail or furnish to any person any strychnine: PROVIDED, That nothing herein prohibits county, state, or federal agents, in the course of their duties, from furnishing strychnine to any person. Every such registered pharmacist selling or furnishing such strychnine shall, before delivering the same, record the transaction as provided in RCW 69.38.030. If any such registered pharmacist suspects that any person desiring to purchase strychnine intends to use the same for the purpose of poisoning unlawfully any domestic animal or domestic bird, he or she may refuse to sell to such person, but whether or not he or she makes such sale, he or she shall if he or she so suspects an intention to use the strychnine unlawfully, immediately notify the nearest peace officer, giving such officer a complete description of the person purchasing, or attempting to purchase, such strychnine.
(2) A person violating this section is guilty of a gross misdemeanor.
[ 2003 c 53 s 112; 1987 c 34 s 7; 1941 c 105 s 2; Rem. Supp. 1941 s 3207-2. Formerly RCW 18.67.110.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
PDFRCW 16.52.200
Sentences—Forfeiture of animals—Liability for costs—Penalty—Education, counseling.
(1) The sentence imposed for a misdemeanor or gross misdemeanor violation of this chapter may be deferred or suspended in accordance with RCW 3.66.067 and 3.66.068, however the probationary period shall be two years.
(2) In case of multiple misdemeanor or gross misdemeanor convictions, the sentences shall be consecutive, however the probationary period shall remain two years.
(3) In addition to the penalties imposed by the court, the court shall order the forfeiture of all animals held by law enforcement or animal care and control authorities under the provisions of this chapter if any one of the animals involved dies as a result of a violation of this chapter or if the defendant has a prior conviction under this chapter. In other cases the court may enter an order requiring the owner to forfeit the animal if the court deems the animal's treatment to have been severe and likely to reoccur.
(4) Any person convicted of animal cruelty or animal fighting shall be prohibited from owning, caring for, possessing, or residing with any animals for a period of time as follows:
(a) Two years for a first conviction of animal cruelty in the second degree under RCW 16.52.207;
(b) Permanently for a first conviction of animal cruelty in the first degree under RCW 16.52.205 or for a first conviction of animal fighting under RCW 16.52.117;
(c) Permanently for a second or subsequent conviction of animal cruelty, except as provided in subsection (5) of this section.
(5) If a person has no more than two convictions of animal cruelty and each conviction is for animal cruelty in the second degree, the person may petition the sentencing court in which the most recent animal cruelty conviction occurred, for a restoration of the right to own, care for, possess, or reside with animals five years after the date of the second conviction. In determining whether to grant the petition, the court shall consider, but not be limited to, the following:
(a) The person's prior animal cruelty in the second degree convictions;
(b) The type of harm or violence inflicted upon the animals;
(c) Whether the person has completed the conditions imposed by the court as a result of the underlying convictions;
(d) Whether the person complied with the prohibition on owning, caring for, possessing, or residing with animals; and
(e) Any other matters the court finds reasonable and material to consider in determining whether the person is likely to abuse another animal.
The court may delay its decision on forfeiture under subsection (3) of this section until the end of the probationary period.
(6) In addition to fines and court costs, the defendant, only if convicted or in agreement, shall be liable for reasonable costs incurred pursuant to this chapter by law enforcement agencies, animal care and control agencies, or authorized private or public entities involved with the care of the animals. Reasonable costs include expenses of the investigation, and the animal's care, euthanization, or adoption.
(7) If convicted, the defendant shall also pay a civil penalty of $1,000 to the county to prevent cruelty to animals. These funds shall be used to prosecute offenses under this chapter and to care for forfeited animals pending trial.
(8) If a person violates the prohibition on owning, caring for, possessing, or residing with animals under subsection (4) of this section, that person:
(a) Is guilty of a misdemeanor for the first violation;
(b) Is guilty of a gross misdemeanor for the second violation; and
(c) Is guilty of a class C felony for the third and each subsequent violation.
(9) As a condition of the sentence imposed under this chapter or RCW 9.08.070 through 9.08.078, the court may also order the defendant to participate in an available animal cruelty prevention or education program or obtain available psychological counseling to treat mental health problems contributing to the violation's commission. The defendant shall bear the costs of the program or treatment.
(10) Nothing in this section limits the authority of a law enforcement officer, animal control officer, custodial agency, or court to remove, adopt, euthanize, or require forfeiture of an animal under RCW 16.52.085.
[ 2025 c 220 s 5; 2020 c 158 s 5; 2016 c 181 s 2; 2011 c 172 s 4; 2009 c 287 s 3; 2003 c 53 s 113; 1994 c 261 s 14; 1987 c 335 s 2.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
Construction—Severability—1987 c 335: See notes following RCW 16.52.085.
PDFRCW 16.52.205
Animal cruelty in the first degree.
(1) A person is guilty of animal cruelty in the first degree when, except as authorized in law, he or she intentionally (a) inflicts substantial pain on, (b) causes physical injury to, or (c) kills an animal by a means causing undue suffering or while manifesting an extreme indifference to life, or forces a minor to inflict unnecessary pain, injury, or death on an animal.
(2)(a) A person is guilty of animal cruelty in the first degree when, except as authorized by law or as provided in (c) of this subsection, he or she, with criminal negligence, starves, dehydrates, or suffocates an animal, or exposes an animal to excessive heat or cold and as a result causes: (i) Substantial and unjustifiable physical pain that extends for a period sufficient to cause considerable suffering; or (ii) death.
(b) In determining whether an animal has experienced the condition described in (a)(i) of this subsection due to exposure to excessive heat or cold, the trier of fact shall consider any evidence as to: (i) Whether the animal's particular species and breed is physiologically adaptable to the conditions to which the animal was exposed; and (ii) the animal's age, health, medical conditions, and any other physical characteristics of the animal or factor that may affect its susceptibility to excessive heat or cold.
(c) A person is not guilty of animal cruelty in the first degree by means of exposing an animal to excessive heat or cold if the exposure is due to an unforeseen or unpreventable accident or event caused exclusively by an extraordinary force of nature.
(3) A person is guilty of animal cruelty in the first degree when he or she:
(a) Knowingly engages in any sexual conduct or sexual contact with an animal;
(b) Knowingly causes, aids, or abets another person to engage in any sexual conduct or sexual contact with an animal;
(c) Knowingly permits any sexual conduct or sexual contact with an animal to be conducted on any premises under his or her charge or control;
(d) Knowingly engages in, organizes, promotes, conducts, advertises, aids, abets, participates in as an observer, or performs any service in the furtherance of an act involving any sexual conduct or sexual contact with an animal for a commercial or recreational purpose; or
(e) Knowingly photographs or films, for purposes of sexual gratification, a person engaged in a sexual act or sexual contact with an animal.
(4) Animal cruelty in the first degree is a class C felony.
(5) In addition to the penalty imposed in subsection (4) of this section, the court must order that the convicted person not own, care for, possess, or reside in any household where an animal is present, in accordance with RCW 16.52.200.
(6) In addition to the penalties imposed in subsections (4) and (5) of this section, the court may order that the convicted person:
(a) Participate in appropriate counseling at the defendant's expense;
(b) Reimburse the animal shelter or humane society for any reasonable costs incurred for the care and maintenance of any animals taken to the animal shelter or humane society as a result of conduct proscribed in this section.
(7) Nothing in this section prohibits accepted animal husbandry practices or prohibits a licensed veterinarian or certified veterinary technician from performing procedures on an animal that are accepted veterinary medical practices.
(8) If the court has reasonable grounds to believe that a violation of this section has occurred, the court may order the seizure of all animals involved in the alleged violation as a condition of bond of a person charged with a violation.
(9) For purposes of this section:
(a) "Animal" means every creature, either alive or dead, other than a human being.
(b) "Sexual conduct" means any touching by a person of, fondling by a person of, transfer of saliva by a person to, or use of a foreign object by a person on, the sex organs or anus of an animal, either directly or through clothing, or any transfer or transmission of semen by the person upon any part of the animal.
(c) "Sexual contact" means: (i) Any contact, however slight, between the mouth, sex organ, or anus of a person and the sex organ or anus of an animal, or between the sex organ or anus of a person and the mouth of an animal; or (ii) any intrusion, however slight, of any part of the body of the person or foreign object into the sex organ or anus of an animal.
(d) "Photographs" or "films" means the making of a photograph, motion picture film, videotape, digital image, or any other recording, sale, or transmission of the image.
[ 2020 c 158 s 6; 2015 c 235 s 6; 2006 c 191 s 1; 2005 c 481 s 1; 1994 c 261 s 8.]
NOTES:
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
PDFRCW 16.52.207
Animal cruelty in the second degree—Penalty.
(1) A person is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty:
(a) The person knowingly, recklessly, or with criminal negligence inflicts unnecessary suffering or pain upon an animal;
(b) The person takes control, custody, or possession of an animal that was involved in animal fighting as described in RCW 16.52.117 and knowingly, recklessly, or with criminal negligence abandons the animal; or
(c) The person willfully instigates, engages in, or in any way furthers any act of animal cruelty to any animal.
(2) An owner of, or a person in possession or control of, residing with, or who has accepted responsibility for, an animal is guilty of animal cruelty in the second degree if, under circumstances not amounting to first degree animal cruelty, the person knowingly, recklessly, or with criminal negligence:
(a) Fails to provide the animal with necessary food, water, shelter, rest, sanitation, space, or medical attention and the animal suffers unnecessary or unjustifiable physical pain as a result of the failure; or
(b) Abandons the animal.
(3) Animal cruelty in the second degree is a gross misdemeanor.
(4) Nothing in this section prohibits accepted animal husbandry practices or prohibits a licensed veterinarian or certified veterinary technician from performing procedures on an animal that are accepted veterinary medical practices.
[ 2025 c 220 s 6; 2020 c 158 s 7; 2019 c 174 s 2; 2011 c 172 s 5; 2007 c 376 s 1; 2005 c 481 s 2; 1994 c 261 s 9.]
NOTES:
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
PDFRCW 16.52.210
Destruction of animal by law enforcement officer—Immunity from liability.
This chapter shall not limit the right of a law enforcement officer to destroy an animal that has been seriously injured and would otherwise continue to suffer. Such action shall be undertaken with reasonable prudence and, whenever possible, in consultation with a licensed veterinarian and the owner of the animal.
Law enforcement officers and licensed veterinarians shall be immune from civil and criminal liability for actions taken under this chapter if reasonable prudence is exercised in carrying out the provisions of this chapter.
[ 1987 c 335 s 3.]
NOTES:
Construction—Severability—1987 c 335: See notes following RCW 16.52.085.
PDFRCW 16.52.220
Transfers of mammals for research—Certification requirements—Pet animals.
(1) All transfers of mammals, other than rats and mice bred for use in research and livestock, to research institutions in this state, whether by sale or otherwise, shall conform with federal laws and, except as to those animals obtained from a source outside the United States, shall be accompanied by one of the following written certifications, dated and signed under penalty of perjury:
(a) Breeder certification: A written statement certifying that the person signing the certification is a United States department of agriculture-licensed class A dealer whose business license in the state of Washington includes only those animals that the dealer breeds and raises as a closed or stable colony and those animals that the dealer acquires for the sole purpose of maintaining or enhancing the dealer's breeding colony, that the animal being sold is one of those animals, and that the person signing the certification is authorized to do so. The certification shall also include an identifying number for the dealer, such as a business license number.
(b) True owner certification: A written statement certifying that the animal being transferred is owned by the person signing the certification, and that the person signing the certification either (i) has no personal knowledge or reason to believe that the animal is a pet animal, or (ii) consents to having the animal used for research at a research institution. The certification shall also state the date that the owner obtained the animal, and the person or other source from whom it was obtained. The certification shall also include an identifying number for the person signing the certification, such as a drivers' license number or business license number. The certifications signed by or on behalf of a humane society, animal control agency, or animal shelter need not contain a statement that the society, agency, or shelter owns the animal, but shall state that the animal has been in the possession of the society, agency, or shelter for the minimum period required by law that entitles it to legally dispose of the animal.
(2) In addition to the foregoing certification, all research institutions in this state shall open at the time a dog or cat is transferred to it a file that contains the following information for each dog or cat transferred to the institution:
(a) All information required by federal law;
(b) The certification required by this section; and
(c) A brief description of the dog or cat (e.g. breed, color, sex, any identifying characteristics), and a photograph of the dog or cat.
The brief description may be contained in the written certification.
These files shall be maintained and open for public inspection for a period of at least two years from the date of acquisition of the animal.
(3) All research institutions in this state shall, within one hundred eighty days of May 12, 1989, adopt and operate under written policies governing the acquisition of animals to be used in biomedical or product research at that institution. The written policies shall be binding on all employees, agents, or contractors of the institution. These policies must contain, at a minimum, the following provisions:
(a) Animals shall be acquired in accordance with the federal animal welfare act, public health service policy, and other applicable statutes and regulations;
(b) No research may be conducted on a pet animal without the written permission of the pet animal's owner;
(c) Any animal acquired by the institution that is determined to be a pet animal shall be returned to its legal owner, unless the institution has the owner's written permission to retain the animal; and
(d) A person at the institution shall be designated to have the responsibility for investigating any facts supporting the possibility that an animal in the institution's possession may be a pet animal, including any inquiries from citizens regarding their pets. This person shall devise and insure implementation of procedures to inform inquiring citizens of their right to prompt review of the relevant files required to be kept by the institution for animals obtained under subsection (2) of this section, and shall be responsible for facilitating the rapid return of any animal determined to be a pet animal to the legal owner who has not given the institution permission to have the animal or transferred ownership of it to the institution.
(4) For the purposes of this section, "research institution" means any facility licensed by the United States department of agriculture to use animals in biomedical or product research.
[ 1989 c 359 s 3.]
NOTES:
Application of consumer protection act: RCW 19.86.145.
PDFRCW 16.52.225
Nonambulatory livestock—Transporting or accepting delivery—Gross misdemeanor—Definition.
(1) Unless otherwise cited for a civil infraction by the department of agriculture under RCW 16.36.116(2), a person is guilty of a gross misdemeanor punishable as provided in RCW 9A.20.021 if he or she knowingly transports or accepts delivery of live nonambulatory livestock to, from, or between any livestock market, feedlot, slaughtering facility, or similar facility that trades in livestock. The transport or acceptance of each nonambulatory livestock animal is considered a separate and distinct violation.
(2) Nonambulatory livestock must be humanely euthanized before transport to, from, or between locations listed in subsection (1) of this section.
(3) Livestock that was ambulatory prior to transport to a feedlot and becomes nonambulatory because of an injury sustained during transport may be unloaded and placed in a separate pen for rehabilitation at the feedlot.
(4) For the purposes of this section, "nonambulatory livestock" means cattle, sheep, swine, goats, horses, mules, or other equine that cannot rise from a recumbent position or cannot walk, including but not limited to those with broken appendages, severed tendons or ligaments, nerve paralysis, a fractured vertebral column, or metabolic conditions.
[ 2009 c 347 s 2; 2004 c 234 s 1.]
NOTES:
Effective date—2004 c 234: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 31, 2004]." [ 2004 c 234 s 2.]
PDFRCW 16.52.230
Remedies not impaired.
No provision of RCW 9.08.070 through 9.08.078 or 16.52.220 shall in any way interfere with or impair the operation of any other provision of this chapter or Title 28B RCW, relating to higher education or biomedical research. The provisions of RCW 9.08.070 through 9.08.078 and 16.52.220 are cumulative and nonexclusive and shall not affect any other remedy.
[ 2003 c 53 s 114; 1989 c 359 s 5.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
PDFRCW 16.52.300
Dogs or cats used as bait—Seizure—Limitation.
(1) If any person commits the crime of animal cruelty in the first or second degree by using or trapping to use domestic dogs or cats as bait, prey, or targets for the purpose of training dogs or other animals to track, fight, or hunt, law enforcement officers or animal control officers shall seize and hold the animals being trained. The seized animals shall be disposed of by the court pursuant to the provisions of RCW 16.52.200(3).
(2) This section shall not in any way interfere with or impair the operation of any provision of Title 28B RCW, relating to higher education or biomedical research.
[ 1994 c 261 s 15; 1990 c 226 s 1.]
NOTES:
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
PDFRCW 16.52.305
Unlawful use of hook—Gross misdemeanor.
(1) A person is guilty of the unlawful use of a hook if the person utilizes, or attempts to use, a hook with the intent to pierce the flesh or mouth of a bird or mammal.
(2) Unlawful use of a hook is a gross misdemeanor.
[ 2004 c 220 s 1.]
NOTES:
Effective date—2004 c 220: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 29, 2004]." [ 2004 c 220 s 2.]
PDFRCW 16.52.310
Dog breeding—Limit on the number of dogs—Required conditions—Penalty—Definitions.
(1) A person may not own, possess, control, or otherwise have charge or custody of more than 50 dogs with intact sexual organs over the age of six months at any time.
(2) Any person who owns, possesses, controls, or otherwise has charge or custody of more than 10 dogs with intact sexual organs over the age of six months and keeps the dogs in an enclosure for the majority of the day must at a minimum:
(a) Provide space to allow each dog to turn about freely, to stand, sit, and lie down. The dog must be able to lie down while fully extended without the dog's head, tail, legs, face, or feet touching any side of an enclosure and without touching any other dog in the enclosure when all dogs are lying down simultaneously. The interior height of the enclosure must be at least six inches higher than the head of the tallest dog in the enclosure when it is in a normal standing position. Each enclosure must be at least three times the length and width of the longest dog in the enclosure, from tip of nose to base of tail and shoulder blade to shoulder blade.
(b) Provide each dog that is over the age of four months with a minimum of one exercise period during each day for a total of not less than one hour of exercise during such day. Such exercise must include either leash walking or giving the dog access to an enclosure at least four times the size of the minimum allowable enclosure specified in (a) of this subsection allowing the dog free mobility for the entire exercise period, but may not include use of a cat mill, jenny mill, slat mill, or similar device, unless prescribed by a doctor of veterinary medicine. The exercise requirements in this subsection do not apply to a dog certified by a doctor of veterinary medicine as being medically precluded from exercise.
(c) Maintain adequate housing facilities and primary enclosures that meet the following requirements at a minimum:
(i) Housing facilities and primary enclosures must be kept in a sanitary condition. Housing facilities where dogs are kept must be sufficiently ventilated at all times to minimize odors, drafts, ammonia levels, and to prevent moisture condensation. Housing facilities must have a means of fire suppression, such as functioning fire extinguishers, on the premises and must have sufficient lighting to allow for observation of the dogs at any time of day or night;
(ii) Housing facilities must enable all dogs to remain dry and clean;
(iii) Housing facilities must provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to the dogs;
(iv) Housing facilities must provide sufficient shade to shelter all the dogs housed in the primary enclosure at one time;
(v) A primary enclosure must have floors that are constructed in a manner that protects the dogs' feet and legs from injury;
(vi) Primary enclosures must be placed no higher than forty-two inches above the floor and may not be placed over or stacked on top of another cage or primary enclosure;
(vii) Feces, hair, dirt, debris, and food waste must be removed from primary enclosures at least daily or more often if necessary to prevent accumulation and to reduce disease hazards, insects, pests, and odors; and
(viii) All dogs in the same enclosure at the same time must be compatible, as determined by observation. Animals with a vicious or aggressive disposition must never be placed in an enclosure with another animal, except for breeding purposes. Breeding females in heat may not be in the same enclosure at the same time with sexually mature males, except for breeding purposes. Breeding females and their litters may not be in the same enclosure at the same time with other adult dogs. Puppies under twelve weeks may not be in the same enclosure at the same time with other adult dogs, other than the dam or foster dam unless under immediate supervision.
(d) Provide dogs with easy and convenient access to adequate amounts of clean food and water. Food and water receptacles must be regularly cleaned and sanitized. All enclosures must contain potable water that is not frozen, is substantially free from debris, and is readily accessible to all dogs in the enclosure at all times.
(e) Provide veterinary care without delay when necessary. A dog may not be bred if a veterinarian determines that the animal is unfit for breeding purposes. Only dogs between the ages of twelve months and eight years of age may be used for breeding. Animals requiring euthanasia must be euthanized only by a licensed veterinarian.
(3) A person who violates subsection (1) or (2) of this section is guilty of a gross misdemeanor.
(4) This section does not apply to the following:
(a) A publicly operated animal control facility or animal shelter;
(b) A private, charitable not-for-profit humane society or animal adoption organization;
(c) A veterinary facility;
(d) A retail pet store;
(e) A research institution;
(f) A boarding facility; or
(g) A grooming facility.
(5) For the purposes of this section, the following definitions apply, unless the context clearly requires otherwise:
(a) "Dog" means any member of Canis lupus familiaris; and
(b) "Retail pet store" means a commercial establishment that engages in a for-profit business of selling at retail cats, dogs, or other animals to be kept as household pets and is regulated by the United States department of agriculture.
[ 2023 c 208 s 3; 2009 c 286 s 2.]
NOTES:
Findings—2009 c 286: "The legislature finds that:
(1) Dogs are neither a commercial crop nor commodity and should not be indiscriminately or irresponsibly mass produced;
(2) Large-scale dog breeding increases the likelihood that the dogs will be denied their most basic needs including but not limited to: Sanitary living conditions, proper and timely medical care, the ability to move freely at least once per day, and adequate shelter from the elements;
(3) Without proper oversight, large-scale breeding facilities can easily fall below even the most basic standards of humane housing and husbandry;
(4) Current Washington state laws are inadequate regarding the care and husbandry of dogs in large-scale breeding facilities;
(5) No Washington state agency currently regulates large-scale breeding facilities;
(6) The United States department of agriculture does not regulate large-scale breeding facilities that sell dogs directly to the public and thus, such direct-sales breeders are currently exempt from even the minimum care and housing standards outlined in the federal animal welfare act;
(7) Documented conditions at large-scale breeding facilities include unsanitary conditions, potential for soil and groundwater contamination, the spread of zoonotic parasites and infectious diseases, and the sale of sick and dying animals to the public; and
(8) An unfair fiscal burden is placed on city, county, and state taxpayers as well as government agencies and nongovernmental organizations, which are required to care for discarded or abused and neglected dogs from large-scale breeding facilities." [ 2009 c 286 s 1.]
Effective date—2009 c 286: "This act takes effect January 1, 2010." [ 2009 c 286 s 3.]
PDFRCW 16.52.320
Maliciously killing or causing substantial bodily harm to livestock belonging to another—Penalty.
(1) It is unlawful for a person to, with malice, kill or cause substantial bodily harm to livestock belonging to another person.
(2) A violation of this section constitutes a class C felony.
[ 2015 c 235 s 4; 2011 c 67 s 1.]
PDFRCW 16.52.330
Veterinarians—Animal cruelty—Liability immunity.
A veterinarian lawfully licensed in this state to practice veterinary medicine, surgery, and dentistry who reports, in good faith and in the normal course of business, a suspected incident of animal cruelty that is punishable under this chapter to the proper authorities is immune from liability in any civil or criminal action brought against such veterinarian for reporting the suspected incident. The immunity provided in this section applies only if the veterinarian receives no financial benefit from the suspected incident of animal cruelty beyond charges for services rendered prior to the veterinarian making the initial report.
[ 2013 c 245 s 1.]
PDFRCW 16.52.340
Leave or confine any animal in unattended motor vehicle or enclosed space—Class 2 civil infraction—Officers' authority to reasonably remove animal.
(1) It is a class 2 civil infraction under RCW 7.80.120 to leave or confine any animal unattended in a motor vehicle or enclosed space if the animal could be harmed or killed by exposure to excessive heat, cold, lack of ventilation, or lack of necessary water.
(2) To protect the health and safety of an animal, an animal control officer or law enforcement officer who reasonably believes that an animal is suffering or is likely to suffer harm from exposure to excessive heat, cold, lack of ventilation, or lack of necessary water is authorized to enter a vehicle or enclosed space to remove an animal by any means reasonable under the circumstances if no other person is present in the immediate area who has access to the vehicle or enclosed space and who will immediately remove the animal. An animal control officer, law enforcement officer, or the department or agency employing such an officer is not liable for any damage to property resulting from actions taken under this section.
(3) Nothing in this section prevents the person who has confined the animal in the vehicle or enclosed space from being convicted of separate offenses for animal cruelty under RCW 16.52.205 or 16.52.207.
[ 2015 c 235 s 1.]
PDFRCW 16.52.350
Dog tethering—Penalties.
(1) Any dog that is restrained outside by a tether must only be restrained for a period of time that is not reckless and in compliance with this section.
(a) The dog shall not be tethered in a manner that results, or could reasonably result, in the dog becoming frequently entangled on the restraint or another object.
(b) If there are multiple dogs tethered, each dog must be on a separate tether and not secured to the same fixed point.
(c) The tether must allow the dog to sit, lie down, and stand comfortably without the restraint becoming taut and allow the dog a range of movement.
(d) A dog shall not be tethered if it is ill, suffering from a debilitating disease, injured, in distress, in the advanced stages of pregnancy, or under six months of age.
(e) A tethered dog must have access to clean water and necessary shelter that is safe and protective while tethered. The shelter and water vessel must be constructed or attached in such a way that the dog cannot knock over the shelter or water vessel.
(f) A dog shall not be tethered in a manner that results in the dog being left in unsafe or unsanitary conditions or that forces the dog to stand, sit, or lie down in its own excrement or urine.
(g) A dog shall not be tethered by means of a choke, pinch, slip, halter, or prong-type collar, or by any means other than with a properly fitted buckle-type collar or harness that provides enough room between the collar or harness and the dog's throat to allow normal breathing and swallowing.
(h) The weight of the tether shall not unreasonably inhibit the free movement of the dog within the area allowed by the length of the tether.
(i) The dog shall not be tethered in a manner that causes the dog injury or pain.
(2) The provisions of subsection (1)(a) through (d) of this section do not apply to a dog that is:
(a) Tethered while it is receiving medical care or treatment under the supervision of a licensed veterinarian or is being groomed;
(b) Participating temporarily in an exhibition, show, contest, or other event in which the skill, breeding, or stamina of the dog is judged or examined;
(c) Being kept temporarily at a camping or recreation area;
(d) Being cared for temporarily after having been picked up as a stray or as part of a rescue operation;
(e) Being transported in a motor vehicle or temporarily restrained or tied after being unloaded from a motor vehicle;
(f) Being trained or used by a federal, state, or local law enforcement agency or military or national guard unit; or
(g) In the physical presence of the person who owns, keeps, or controls the dog.
(3) Each incident involving a violation of this section is a separate offense. A person who violates this section is subject to the following penalties:
(a) A first offense shall result in a correction warning being issued requiring the offense to be corrected by the person who owns, keeps, or controls the dog within seven days after the date of the warning being issued in lieu of an infraction unless the offense poses an imminent risk to the health or safety of the dog or the dog has been injured as a result of the offense.
(b) A second offense is a class 2 civil infraction under RCW 7.80.120(1)(b).
(c) A third or subsequent offense is a class 1 civil infraction under RCW 7.80.120(1)(a).
[ 2017 c 65 s 1.]
PDFRCW 16.52.360
Retail pet store—Sale of dog or cat—Penalty.
(1) Except as provided in this section, a retail pet store may not sell or offer for sale any dog or cat.
(2) A retail pet store that sold or offered for sale any dog prior to July 25, 2021, may sell or offer for sale a dog only if the retail pet store meets the following requirements:
(a) Any dog sold or offered for sale must be sold or offered for sale only at the address identified on the retail pet store's business license, as defined in RCW 19.02.020;
(b) Any dog sold or offered for sale must be obtained either:
(i) Directly from a breeder, including an out-of-state breeder, who satisfies the requirements of RCW 16.52.310; or
(ii) From a United States department of agriculture licensed broker pursuant to the federal animal welfare act, Title 7 U.S.C. Sec. 2131 et seq. as amended, that obtains dogs from a breeder in compliance with this section. A licensed broker shall provide all breeder documentation required by a breeder under this section as well as any applicable federal and state license numbers for the breeder or the broker;
(c) Any dog sold or offered for sale must possess documentation obtained from its breeder, either directly or through a United States department of agriculture licensed broker, demonstrating:
(i) The dog was not separated from its mother prior to the age of eight weeks; and
(ii) The breeder's compliance with RCW 16.52.310 on the date the dog was obtained from the breeder;
(d) A retail pet store shall, prior to obtaining a dog from a breeder or a broker, obtain all inspection reports for the breeder created by the United States department of agriculture within the previous three years, if applicable. A retail pet store shall maintain and, upon request, produce the records for a period of five years following the sale of a dog obtained from a breeder or broker;
(e) Any advertisement, including website postings, offering to sell a dog must include:
(i) A range of prices at which a dog, breed of dog, or dogs having other distinguishing traits are offered for sale;
(ii) The age of the dog; and
(iii) Supporting documentation providing the applicable federal or state license numbers for the breeder of the dog, if applicable;
(f) The retail pet store shall post in a location visible from the entrance of the retail pet store on a kiosk or other form of bulletin board the purchase price, age, and the following information on the dog's breeder:
(i) Full name;
(ii) Kennel name, if applicable;
(iii) City and state; and
(iv) Any applicable state or federal license numbers; and
(g) The retail pet store shall disclose to a prospective consumer in writing, prior to the sale of a dog, the following information about the dog:
(i) The purchase price of the dog; and
(ii) Any applicable federal or state license numbers and an unredacted list of all violations of any federal or state law the dog breeder or cat breeder received in the previous two years on a federal or state inspection report.
(3) A retail pet store may provide space and appropriate care for animals, including dogs and cats, owned by an animal care and control agency or animal rescue group for the purpose of adopting those animals to the public. Each retail pet store shall display on each cage or pen containing a dog or cat a label stating the certificate of source, including the name and address of the animal care and control agency or animal rescue group.
(4)(a) It is a class 1 civil infraction under chapter 7.80 RCW for any person or corporation who violates this section, subject to the maximum infraction of $250. The civil infraction may be served on the pet store's registered agent.
(i) An enforcement officer as defined in RCW 7.80.040 or an animal control officer under RCW 16.52.015 may investigate and enforce this section.
(ii) Appeals are pursuant to chapter 7.80 RCW.
(b) Any retail pet store that violates this section three or more times over a one-year period is prohibited from selling or offering to sell any dog or cat.
(5) Nothing in this section prohibits any city, town, or county from enacting or enforcing a local ordinance that places greater proscriptions on the sale of any animal by a retail pet store than proscribed by this section or that provides penalties equal to or greater than the penalties provided in this section.
[ 2023 c 208 s 1; 2021 c 76 s 1.]
An animal is deemed to be abandoned under the provisions of this chapter when it is placed in the custody of a veterinarian, boarding kennel owner, or any person for treatment, board, or care and:
(1) Having been placed in such custody for an unspecified period of time the animal is not removed within fifteen days after notice to remove the animal has been given to the person who placed the animal in such custody or having been so notified the person depositing the animal refuses or fails to pay agreed upon or reasonable charges for the treatment, board, or care of such animal, or;
(2) Having been placed in such custody for a specified period of time the animal is not removed at the end of such specified period or the person depositing the animal refuses to pay agreed upon or reasonable charges for the treatment, board, or care of such animal.
[ 1977 ex.s. c 67 s 1; 1955 c 190 s 1. ]
Any person having in his or her care, custody, or control any abandoned animal as defined in RCW 16.54.010, may deliver such animal to any animal care and control agency as defined in RCW 16.52.011 or to an animal rescue group as defined in RCW 82.04.040 having the facilities and resources necessary for the care of such animals. If such an animal care and control agency or animal rescue group cannot reasonably be identified to receive the animal, the person with whom the animal was abandoned may notify the sheriff of the county wherein the abandonment occurred.
[ 2020 c 158 s 8; 2011 c 336 s 425; 1955 c 190 s 2. ]
It shall be the duty of the sheriff of such county upon being so notified, to dispose of such animal as provided by law in reference to estrays if such law is applicable to the animal abandoned, or if not so applicable then deliver such an animal to any animal care and control agency as defined in RCW 16.52.011 or to an animal rescue group as defined in RCW 82.04.040 having the facilities and resources necessary for the care of such an animal. If such an animal care and control agency or animal rescue group cannot reasonably be identified to receive the animal, then such an animal shall be sold by the sheriff at public auction. Notice of any such sale shall be given by posting a notice in three public places in the county at least ten days prior to such public sale. Proceeds of such sale shall be paid to the county treasurer for deposit in the county general fund.
[ 2020 c 158 s 9; 1955 c 190 s 3. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Brand" means a permanent fire brand or any artificial mark, other than an individual identification symbol, approved by the director to be used in conjunction with a brand or by itself.
(2) "Certificate of permit" means a form prescribed by and obtained from the director that is completed by the owner or a person authorized to act on behalf of the owner to show the ownership of livestock. It is used to document ownership of livestock while in transit within the state or on consignment to any public livestock market, special sale, slaughter plant or certified feed lot. It does not evidence inspection of livestock.
(3) "Department" means the department of agriculture of the state of Washington.
(4) "Director" means the director of the department or his or her duly authorized representative.
(5) "Horses" means horses, burros, and mules.
(6) "Individual identification certificate" means an inspection certificate that authorizes the livestock owner to transport the animal out of state multiple times within a set period of time.
(7) "Individual identification symbol" means a permanent mark placed on a horse for the purpose of individually identifying and registering the horse and which has been approved for use as such by the director.
(8) "Inspection certificate" means a certificate issued by the director or a veterinarian certified by the director documenting the ownership of an animal based on an inspection of the animal. It includes an individual identification certificate.
(9) "Livestock" includes, but is not limited to, horses, mules, cattle, sheep, swine, and goats.
(10) "Livestock inspection" or "inspection" means the examination of livestock or livestock hides for brands or any means of identifying livestock or livestock hides including the examination of documents providing evidence of ownership.
(11) "Microchipping" means the implantation of an identification microchip or similar electronic identification device to establish the identity of an individual animal:
(a) In the pipping muscle of a chick ratite or the implantation of a microchip in the tail muscle of an otherwise unidentified adult ratite;
(b) In the nuchal ligament of a horse unless otherwise specified by rule of the director; and
(c) In locations of other livestock species as specified by rule of the director when requested by an association of producers of that species of livestock.
(12) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be.
(13) "Production record brand" means a number brand which shall be used for production identification purposes only.
(14) "Ratite" means, but is not limited to, ostrich, emu, rhea, or other flightless bird used for human consumption, whether live or slaughtered.
(15) "Registering agency" means any person issuing an individual identification symbol for the purpose of individually identifying and registering a horse.
(16) "Self-inspection certificate" means a form prescribed by and obtained from the director that was completed and signed by the buyer and seller of livestock to document a change in ownership before June 10, 2010.
[ 2010 c 66 s 5; 2003 c 326 s 2; 1996 c 105 s 1; 1993 c 105 s 2; 1989 c 286 s 22; 1981 c 296 s 15; 1979 c 154 s 17; 1967 c 240 s 34; 1959 c 54 s 1. ]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Legislative finding and purpose—1993 c 105: "The legislature finds that ratites have been raised for commercial purposes on farms in the United States for over sixty years and have been raised elsewhere for over one hundred twenty years.
In recognition that ratite farming is an agricultural pursuit, the purpose of this act is to assure that the regulatory mechanisms regarding animal health and ownership identification are in place." [ 1993 c 105 s 1.]
Severability—1989 c 286: See note following RCW 16.04.010.
Severability—1981 c 296: See note following RCW 15.08.010.
Severability—1979 c 154: See note following RCW 15.49.330.
(1) The director shall establish a livestock identification advisory committee. The committee shall be composed of 12 voting members appointed by the director as follows: Two beef producers, two cattle feeders, two dairy producers, two livestock market owners, two meat processors, and two horse producers. Organizations representing the groups represented on the committee may submit nominations for these appointments to the director for the director's consideration. No more than two members at the time of their appointment or during their term may reside in the same county. Members may be reappointed and vacancies must be filled in the same manner as original appointments are made. As used in this subsection, "meat processor" means a person licensed to operate a slaughtering establishment under chapter 16.49 RCW or the federal meat inspection act (21 U.S.C. Sec. 601 et seq.). In making appointments, the director shall solicit nominations from organizations representing these groups statewide. The committee shall elect a member to serve as chair of the committee. The committee must meet at least twice a year. The committee shall meet at the call of the director, chair, or a majority of the committee. A quorum of the committee consists of a majority of members. If a member has not been designated for a position set forth in this section, that position may not be counted for purposes of determining a quorum. A member may appoint an alternate who meets the same qualifications as the member to serve during the member's absence. The director may remove a member from the committee if that member has two or more unexcused absences during a single calendar year.
(2) The purpose of the committee is to provide advice to the director regarding livestock identification programs administered under this chapter and regarding inspection fees and related licensing fees. The advisory committee must review the costs and operations of the livestock identification program. The director shall consult the committee before adopting, amending, or repealing a rule under this chapter or altering a fee under RCW 16.58.050, 16.65.030, 16.65.037, or 16.65.090. If the director publishes in the Washington State Register a proposed rule to be adopted under the authority of this chapter and the rule has not received the approval of the advisory committee, the director shall file with the committee a written statement setting forth the director's reasons for proposing the rule without the committee's approval.
(3) The members of the advisory committee serve three-year terms. However, the director shall by rule provide shorter initial terms for some of the members of the committee to stagger the expiration of the initial terms. The members serve without compensation. The director may authorize the expenses of a member to be reimbursed if the member is selected to attend a regional or national conference or meeting regarding livestock identification. Any such reimbursement shall be in accordance with RCW 43.03.050 and 43.03.060.
[ 2023 c 46 s 1; 2019 c 92 s 1; 2011 1st sp.s. c 21 s 51; 2003 c 326 s 3; 1993 c 354 s 10. ]
NOTES:
Expiration date—2025 c 287; 2023 c 46 ss 1, 3, 5, and 6: "Sections 1, 3, 5, and 6 of this act expire July 1, 2030." [ 2025 c 287 s 3; 2023 c 46 s 8.]
Expiration date—2025 c 287; 2023 c 46; 2022 c 158; 2019 c 92 ss 1, 5, 8, and 11: "Sections 1, 5, 8, and 11 of this act expire July 1, 2030." [ 2025 c 287 s 2; 2023 c 46 s 7; 2022 c 158 s 1; 2019 c 92 s 14.]
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
PDFRCW 16.57.015
Livestock identification advisory committee—Rule review—Fee setting. (Effective July 1, 2030.)
(1) The director shall establish a livestock identification advisory committee. The committee shall be composed of six members appointed by the director. One member shall represent each of the following groups: Beef producers, public livestock market operators, horse owners, dairy farmers, cattle feeders, and meat processors. As used in this subsection, "meat processor" means a person licensed to operate a slaughtering establishment under chapter 16.49 RCW or the federal meat inspection act (21 U.S.C. Sec. 601 et seq.). In making appointments, the director shall solicit nominations from organizations representing these groups statewide. The committee shall elect a member to serve as chair of the committee.
(2) The purpose of the committee is to provide advice to the director regarding livestock identification programs administered under this chapter and regarding inspection fees and related licensing fees. The advisory committee must review the costs and operations of the livestock identification program. The director shall consult the committee before adopting, amending, or repealing a rule under this chapter or altering a fee under RCW 16.58.050, 16.65.030, 16.65.037, or 16.65.090. If the director publishes in the Washington State Register a proposed rule to be adopted under the authority of this chapter and the rule has not received the approval of the advisory committee, the director shall file with the committee a written statement setting forth the director's reasons for proposing the rule without the committee's approval.
(3) The members of the advisory committee serve three-year terms. However, the director shall by rule provide shorter initial terms for some of the members of the committee to stagger the expiration of the initial terms. The members serve without compensation. The director may authorize the expenses of a member to be reimbursed if the member is selected to attend a regional or national conference or meeting regarding livestock identification. Any such reimbursement shall be in accordance with RCW 43.03.050 and 43.03.060.
[ 2023 c 46 s 2; 2011 1st sp.s. c 21 s 51; 2003 c 326 s 3; 1993 c 354 s 10.]
Effective date—2025 c 287; 2023 c 46 s 2: "Section 2 of this act takes effect July 1, 2030." [ 2025 c 287 s 4; 2023 c 46 s 9.]
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
The director shall be the recorder of livestock brands and such brands shall not be recorded elsewhere in this state. Any person desiring to record a livestock brand shall apply on a form prescribed by the director. The application shall be accompanied by a facsimile of the brand applied for and a one hundred thirty-two dollar recording fee. The director shall, upon his or her satisfaction that the application and brand facsimile meet the requirements of this chapter and its rules, record the brand. The director must establish a staggered brand record renewal schedule and may adopt an annual or biennial renewal schedule if necessary. The application to transfer a brand shall be accompanied by a notarized form that includes a facsimile of the brand, a description, information about the current owners, and a twenty-seven dollar and fifty cent transfer fee. If the application to transfer a brand is for a legacy brand, the application must be accompanied by a one hundred dollar transfer fee. For purposes of this section, "legacy brand" means a brand that has been in continuous use for at least twenty-five years.
[ 2019 c 92 s 2; 2003 c 326 s 4; 1994 c 46 s 7; 1971 ex.s. c 135 s 1; 1965 c 66 s 1; 1959 c 54 s 2. ]
NOTES:
Effective date—1994 c 46: See note following RCW 15.58.070.
The director may adopt rules establishing criteria and fees for the permanent renewal of brands registered with the department but renewed as livestock heritage brands. Such heritage brands are not intended for use on livestock.
[ 2003 c 326 s 5; 1998 c 263 s 5. ]
(1) The director may enter into agreements with Washington state licensed and accredited veterinarians, who have been certified by the director, to perform livestock inspection.
(2) The department must maintain a list of field livestock inspectors who are certified to perform livestock inspection. The list must be divided into at least six geographic regions of the state. The list must be updated quarterly and must be made available to the public through electronic media and by mail when requested.
(3) All individuals applying for certification as a field livestock inspector under this section must complete training provided by the department at the discretion of the director. Training must include, but is not limited to, the:
(a) Reading of printed brands;
(b) Reading of brands or other marks on animals, including the location of brands on animals;
(c) Reading of a microchip or other electronic official individual identification;
(d) Completion of official documents; and
(e) Review of satisfactory ownership documents.
(4) In order to qualify, an individual must submit an application to the director that includes:
(a) The full name, address, telephone number, and email address of the individual applying for certification;
(b) The applicant's Washington state veterinary license number, if the applicant is a veterinarian;
(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; and
(e) A brief statement indicating that the applicant is requesting certification to issue inspection certificates for cattle, horses, or both.
(5) Fees for livestock inspection performed by a certified veterinarian or field livestock inspector shall be collected by the veterinarian or field livestock inspector and remitted to the director. Veterinarians and field livestock inspectors providing livestock inspection may charge a fee for livestock inspection that is in addition to and separate from fees collected under RCW 16.57.220. The director may adopt fees to cover the cost associated with certification of veterinarians and field livestock inspectors.
(6) A veterinarian or field livestock inspector certified to perform livestock inspection under this section shall not be considered an employee of the department.
(7)(a) The director may suspend or revoke a veterinarian's or field livestock inspector's certification to issue inspection certificates if the veterinarian or field livestock inspector knowingly:
(i) Makes or acquiesces in false or inaccurate statements on livestock inspection certificates regarding:
(A) The date or location of the inspection;
(B) The marks or brands on the livestock inspected;
(C) The owner's name; or
(D) Any other statement about the livestock inspected.
(ii) Fails to properly verify the ownership status of the animal before issuing an inspection certificate.
(iii) Issues an inspection certificate without actually conducting an inspection of the livestock.
(iv) Fails to submit inspection fees and certificates issued to the director within thirty days from the date of issue.
(b) Actions under this section must be taken in accordance with chapter 34.05 RCW.
[ 2019 c 92 s 3; 2003 c 326 s 6; 1998 c 263 s 6. ]
The director shall not record tattoo brands or marks for any purpose.
[ 2003 c 326 s 7; 1959 c 54 s 3. ]
The director may provide for the use of production record brands. Numbers for such brands shall be issued at the discretion of the director and shall be placed on livestock immediately below the recorded ownership brand or any other location prescribed by the director.
[ 2003 c 326 s 8; 1974 ex.s. c 64 s 1; 1959 c 54 s 4. ]
No person shall place a brand on livestock for any purpose unless the brand is recorded with the director in the person's name.
[ 2003 c 326 s 9; 1959 c 54 s 5. ]
No brand shall be recorded for ownership purposes which will be applied in the same location and is similar or identical to a brand used or reserved for ownership or health purposes by a governmental agency or the agent of such an agency.
[ 1959 c 54 s 6. ]
The director shall determine conflicting claims between applicants to a brand, and in so doing shall consider the priority of applicants.
[ 1959 c 54 s 7. ]
The director shall establish by rule a schedule for the renewal of recorded brands. The fee for renewal of a recorded brand shall be one hundred twenty dollars for each four-year period of brand ownership, except that the director may, in adopting a renewal schedule, provide for the collection of renewal fees on a prorated basis. At least sixty days before the expiration of a recorded brand, the director shall notify by letter the owner of record of the brand that on the payment of the renewal fee the director shall issue proof of payment allowing the brand owner exclusive ownership and use of the brand for the subsequent ownership period. The failure of the owner to pay the renewal fee by the date required by rule shall cause ownership of the brand to expire. For one year following the expiration, the director shall record the brand only to the prior owner upon payment of the renewal fee and a late fee of twenty-five dollars. If the brand is not recorded within one year to the prior owner, the director may issue the brand to any other applicant.
[ 2003 c 326 s 10; 1994 c 46 s 16; 1993 c 354 s 5; 1991 c 110 s 1; 1974 ex.s. c 64 s 2; 1971 ex.s. c 135 s 2; 1965 c 66 s 3; 1961 c 148 s 1; 1959 c 54 s 8. ]
NOTES:
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW 16.65.030.
A brand is the personal property of the owner of record. Any instrument affecting the title of the brand shall be executed by the recorded owner and acknowledged by a notary public. The director shall record the instrument upon presentation and payment of a recording fee of twenty-five dollars. The recording shall be constructive notice to all the world of the existence and conditions affecting the title to the brand. A copy of all records concerning the brand, certified by the director, shall be received in evidence to all intent and purposes as the original instrument. The director shall not be personally liable for failure of the director's agents to properly record the instrument.
[ 2003 c 326 s 11; 1994 c 46 s 17; 1993 c 354 s 6; 1974 ex.s. c 64 s 3; 1965 c 66 s 2; 1959 c 54 s 9. ]
NOTES:
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW 16.65.030.
The right to use a brand shall be evidenced by the original certificate issued by the director showing that the brand is of present record or a certified copy of the record of the brand showing that it is of present record. A healed brand of record on livestock shall be prima facie evidence that the recorded owner of the brand has legal title to the livestock and is entitled to its possession. The director may require additional proof of ownership for any animal showing more than one healed brand.
[ 2003 c 326 s 12; 1971 ex.s. c 135 s 3; 1959 c 54 s 10. ]
Any person having a brand recorded with the department shall have a preemptory right to use such brand and its design under any newly approved method of branding adopted by the director.
[ 1967 c 240 s 38. ]
No brand shall be placed on livestock that is not permanent in nature and of a size that is not readily visible. The director, in order to assure that brands are readily visible, may prescribe the size of branding irons to be used for ownership brands.
[ 1959 c 54 s 11. ]
No person shall remove or alter a brand of record on livestock without first having secured the written permission of the director. Violation of this section is a gross misdemeanor.
[ 2003 c 326 s 13; 1991 c 110 s 2; 1959 c 54 s 12. ]
The director shall not record a brand that is identical to a brand of present record; nor a brand so similar to a brand of present record that it will be difficult to distinguish between the brands when applied to livestock.
[ 2003 c 326 s 14; 1959 c 54 s 13. ]
The owner of a brand of record may obtain from the director a certified copy of the record of the owner's brand upon payment of a fee of fifteen dollars.
[ 2003 c 326 s 15; 1994 c 46 s 18; 1993 c 354 s 7; 1974 ex.s. c 64 s 4; 1959 c 54 s 14. ]
NOTES:
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW 16.65.030.
The director shall publish a book to be known as the "Washington State Brand Book", showing all the brands of record. The book shall contain the name and address of the owners of brands of record and a copy of the livestock identification laws and rules. Supplements to the brand book showing newly recorded brands, amendments, or newly adopted rules shall be published at the discretion of the director. Whenever the director deems it necessary, the director may publish a new brand book. The director may collect moneys to recover the reasonable costs of publishing and distributing copies of the brand book.
[ 2003 c 326 s 16; 1974 ex.s. c 64 s 5; 1959 c 54 s 15. ]
The director may adopt rules necessary to administer the recording and changing of ownership of brands.
[ 2003 c 326 s 17. ]
(1) The director may adopt rules:
(a) Designating any point for mandatory inspection of cattle or horses or the furnishing of proof that cattle or horses passing or being transported through the point have been inspected or identified and are lawfully being transported;
(b) Providing for issuance of individual horse and cattle identification certificates or other means of horse and cattle identification;
(c) Designating the documents that constitute other satisfactory proof of ownership for cattle and horses. A bill of sale may not be designated as documenting satisfactory proof of ownership for cattle; and
(d) Designating when inspection certificates, certificates of permit, or other transportation documents required by law or rule must designate a physical address of a destination. Cattle and horses must be delivered or transported directly to the physical address of that destination.
(2) The director may establish a process to electronically report transactions involving cattle under RCW 16.57.450 as an alternative to the mandatory cattle inspections required by department rule adopted pursuant to this section.
(3) A self-inspection certificate may be accepted as satisfactory proof of ownership for cattle if the director determines that the self-inspection certificate, together with other available documentation, sufficiently establishes ownership. Self-inspection certificates completed after June 10, 2010, are not satisfactory proof of ownership for cattle.
(4)(a) Upon request by a milk producer licensed under chapter 15.36 RCW, the department must issue an official individual identification tag to be placed by the producer before the first point of sale on bull calves and free-martins (infertile female calves) under thirty days of age. The fee for each tag is the cost to the department for manufacture, purchase, and distribution of the tag plus the applicable beef commission assessment. As used in this subsection (4), "green tag" means the official individual identification issued by the department.
(b) Transactions involving unbranded dairy breed bull calves or free-martins (infertile female calves) not being moved or transported out of Washington are exempt from inspection requirements under this chapter only if:
(i) The animal is under thirty days old and has not been previously bought or sold;
(ii) The seller holds a valid milk producer's license under chapter 15.36 RCW;
(iii) The sale does not take place at or through a public livestock market or special sale authorized by chapter 16.65 RCW;
(iv) Each animal is officially identified as provided in (a) of this subsection; and
(v) A certificate of permit and a bill of sale listing each animal's green tag accompanies the animal to the buyer's location. These documents do not constitute proof of ownership under this chapter.
(c) All fees received under (a) of this subsection, except for the beef commission assessment, must be deposited in the animal disease traceability account in the agricultural local fund created in RCW 43.23.230.
[ 2019 c 92 s 4; 2015 c 197 s 2; 2013 c 313 s 1; 2011 c 204 s 13; 2010 c 66 s 6; 2006 c 156 s 3; 2003 c 326 s 18; 1991 c 110 s 3; 1981 c 296 s 16; 1971 ex.s. c 135 s 4; 1959 c 54 s 16. ]
NOTES:
Effective date—2006 c 156: See note following RCW 16.57.220.
Effective date—1981 c 296 s 16: "Section 16 of this amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately [May 19, 1981]." [ 1981 c 296 s 34.]
Severability—1981 c 296: See note following RCW 15.08.010.
The director may, in order to reduce the cost of inspection to livestock owners, enter into agreements with any qualified county, municipal, or other local law enforcement agency, or qualified individuals for the purpose of performing livestock inspection in areas where inspection by the director may not readily be available.
[ 2003 c 326 s 19; 1971 ex.s. c 135 s 6. ]
The director may enter at any reasonable time any slaughterhouse or public livestock market to inspect livestock or hides, and may enter at any reasonable time an establishment where hides are held to inspect them for brands or other means of identification. The director may enter any of these premises at any reasonable time to examine all books and records required by law in matters relating to livestock identification. For purposes of this section, "any reasonable time" means during regular business hours or during any working shift.
[ 2003 c 326 s 20; 1959 c 54 s 17. ]
Should the director be denied access to any premises or establishment where access was sought for the purposes set forth in RCW 16.57.170, the director may apply to any court of competent jurisdiction for a search warrant authorizing access to the premises or establishment for those purposes. The court may upon application, issue the search warrant for the purposes requested.
[ 2003 c 326 s 21; 1959 c 54 s 18. ]
Any owner or his or her agent shall make livestock being inspected readily accessible and shall cooperate with the director to carry out the inspection in a safe and expeditious manner.
[ 2003 c 326 s 22; 1959 c 54 s 20. ]
The director shall have authority to arrest without warrant anywhere in the state any person found in the act of, or whom the director has reason to believe is guilty of, transporting, holding, selling, or slaughtering stolen livestock. Any person arrested by the director shall be turned over to the county sheriff or other local law enforcement officer where the arrest was made, as quickly as possible.
[ 2003 c 326 s 23; 1959 c 54 s 21. ]
(1) Except as provided for in RCW 16.65.090 and otherwise in this section, the fee for livestock inspection is $4 per head for cattle and $3.85 for horses, with a call out fee of $20.
(2) When cattle are identified with the owner's brand, electronic official individual identification, or other form of identification specified by the director by rule, the fee for livestock inspection is $1.21 per head, with a call out fee of $20.
(3) No inspection fee is charged for a calf that is inspected before 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-recorded brand or other form of identification specified by the director by rule.
(4) The fee for inspection of cattle at a processing plant with a daily capacity of no more than 500 head of cattle where the United States department of agriculture maintains a meat inspection program is $4.40 per head, with a call out fee of $20.
(5) When a single inspection certificate is issued for 30 or more horses belonging to one person, the fee for livestock inspection is $2.20 per head, with a call out fee of $20.
(6) The fee for individual identification certificates is $22 for an annual certificate and $63 for a lifetime certificate, with a call out fee of $20. However, the fee for an annual certificate listing 30 or more animals belonging to one person is $5.50 per head, with a call out fee of $20. A lifetime certificate shall not be issued until the fee has been paid to the director.
(7) The minimum fee for the issuance of an inspection certificate by the director is $5.50. The minimum fee does not apply to livestock consigned to a public livestock market or special sale or inspected at a cattle processing plant.
(8) No call out fee is charged for an inspection done by a certified veterinarian or field livestock inspector.
[ 2023 c 46 s 3; 2019 c 92 s 5; 2010 c 66 s 7; 2006 c 156 s 1; 2003 c 326 s 24; 1997 c 356 s 3; 1997 c 356 s 2; 1995 c 374 s 49; (1995 c 374 s 48 expired July 1, 1997). Prior: 1994 c 46 s 25; 1994 c 46 s 19; 1993 c 354 s 8; 1981 c 296 s 17; 1971 ex.s. c 135 s 5; 1967 c 240 s 35; 1959 c 54 s 22. ]
NOTES:
Expiration date—2025 c 287; 2023 c 46 ss 1, 3, 5, and 6: See note following RCW 16.57.015.
Expiration date—2025 c 287; 2023 c 46; 2022 c 158; 2019 c 92 ss 1, 5, 8, and 11: See note following RCW 16.57.015.
Effective date—2006 c 156: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 1, 2006." [ 2006 c 156 s 4.]
Effective dates—1997 c 356: "(1) Sections 2, 4, 6, 8, and 10 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 1997.
(2) Sections 3, 5, 7, 9, and 11 of this act take effect July 1, 1998." [ 1997 c 356 s 12.]
Effective date—Expiration date—1995 c 374 ss 48, 49, 56, and 57: "(1) Sections 49 and 57 of this act shall take effect July 1, 1997.
(2) Sections 48 and 56 of this act shall expire July 1, 1997." [ 1995 c 374 s 58.]
Effective date—1994 c 46 ss 21-25: See note following RCW 16.65.090.
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW 16.65.030.
Severability—1981 c 296: See note following RCW 15.08.010.
PDFRCW 16.57.220
Livestock inspection—Fee schedule—Certificates. (Effective July 1, 2030.)
(1) Except as provided for in RCW 16.65.090 and otherwise in this section, the fee for livestock inspection is one dollar and sixty cents per head for cattle and three dollars and fifty cents for horses or the time and mileage fee, whichever is greater.
(2) When cattle are identified with the owner's brand or other form of identification specified by the director by rule, the fee for livestock inspection is one dollar and ten cents per head or the time and mileage fee, whichever is greater.
(3) No inspection fee is charged for a calf that is inspected before 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-recorded brand or other form of identification specified by the director by rule.
(4) The fee for inspection of cattle at a processing plant with a daily capacity of no more than five hundred head of cattle where the United States department of agriculture maintains a meat inspection program is four dollars per head.
(5) When a single inspection certificate issued for thirty or more horses belonging to one person, the fee for livestock inspection is two dollars per head or the time and mileage fee, whichever is greater.
(6) The fee for individual identification certificates is twenty dollars for an annual certificate and sixty dollars for a lifetime certificate or the time and mileage fee, whichever is greater. However, the fee for an annual certificate listing thirty or more animals belonging to one person is five dollars per head or the time and mileage fee, whichever is greater. A lifetime certificate shall not be issued until the fee has been paid to the director.
(7) The minimum fee for the issuance of an inspection certificate by the director is five dollars. The minimum fee does not apply to livestock consigned to a public livestock market or special sale or inspected at a cattle processing plant.
(8) 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.
[ 2010 c 66 s 7; 2006 c 156 s 1; 2003 c 326 s 24; 1997 c 356 s 3; 1997 c 356 s 2; 1995 c 374 s 49; (1995 c 374 s 48 expired July 1, 1997). Prior: 1994 c 46 s 25; 1994 c 46 s 19; 1993 c 354 s 8; 1981 c 296 s 17; 1971 ex.s. c 135 s 5; 1967 c 240 s 35; 1959 c 54 s 22.]
Effective date—2006 c 156: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 1, 2006." [ 2006 c 156 s 4.]
Effective dates—1997 c 356: "(1) Sections 2, 4, 6, 8, and 10 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 1997.
(2) Sections 3, 5, 7, 9, and 11 of this act take effect July 1, 1998." [ 1997 c 356 s 12.]
Effective date—Expiration date—1995 c 374 ss 48, 49, 56, and 57: "(1) Sections 49 and 57 of this act shall take effect July 1, 1997.
(2) Sections 48 and 56 of this act shall expire July 1, 1997." [ 1995 c 374 s 58.]
Effective date—1994 c 46 ss 21-25: See note following RCW 16.65.090.
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW 16.65.030.
Severability—1981 c 296: See note following RCW 15.08.010.
(1) Any inspection fee shall be paid to the department by the owner or person in possession of the livestock unless the inspection is requested by the purchaser and then the fee shall be paid by the purchaser.
(2) Except as provided by rule, the inspection fee is due and payable at the time inspection is performed and shall be paid upon billing by the department and, if not, constitutes a prior lien on the cattle or cattle hides or horses or horse hides inspected until the fee is paid.
(3) A late fee of one and one-half percent per month shall be assessed on the unpaid balance against persons more than thirty days in arrears.
[ 2003 c 326 s 25. ]
No person shall collect or make a charge for inspection of livestock unless there has been an actual inspection of the livestock.
[ 2003 c 326 s 26; 1995 c 374 s 50; 1959 c 54 s 23. ]
NOTES:
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
(1) Certificates of permit, inspection certificates, and self-inspection certificates meeting the requirements of RCW 16.57.160 shall show the owner, number, breed, sex, brand, or other method of identification of the cattle or horses and any other necessary information required by the director.
(2) The director may issue certificate of permit forms to any person on payment of a fee established by rule.
(3) Certificates of permit, inspection certificates, self-inspection certificates meeting the requirements of RCW 16.57.160, or other satisfactory proof of ownership shall be kept by the owner and/or person in possession of any cattle and shall be furnished to the director or any peace officer upon demand.
(4) A self-inspection certificate meeting the requirements of RCW 16.57.160 is not valid if proof of ownership had not been provided by the seller to the buyer for cattle bearing brands not recorded to the seller.
[ 2010 c 66 s 8; 2003 c 326 s 27; 1995 c 374 s 51; 1991 c 110 s 4; 1985 c 415 s 8; 1981 c 296 s 18; 1959 c 54 s 24. ]
NOTES:
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Severability—1981 c 296: See note following RCW 15.08.010.
(1) Cattle may not be moved or transported within Washington state without being accompanied by a certificate of permit, inspection certificate, self-inspection certificate meeting the requirements of RCW 16.57.160, or other satisfactory proof of ownership, except when the cattle are moved or transported:
(a) Upon lands under the exclusive control of the person moving or transporting the cattle; or
(b) For temporary grazing or feeding purposes and have the recorded brand of the person having or transporting the cattle.
(2) Certificates of permit, inspection certificates, self-inspection certificates meeting the requirements of RCW 16.57.160, or other satisfactory proof of ownership accompanying cattle being moved or transported within Washington state shall be subject to inspection at any time by the director or any peace officer.
[ 2010 c 66 s 9; 2003 c 326 s 28. ]
The director or any peace officer may stop vehicles carrying cattle or horses to determine if the livestock being transported are accompanied by a certificate of permit, inspection certificate, self-inspection certificate meeting the requirements of RCW 16.57.010, or other satisfactory proof of ownership, as determined by the director.
[ 2010 c 66 s 10; 2003 c 326 s 29. ]
It is unlawful for any person to remove or cause to be removed or accept for removal from this state, any cattle or horses which are not accompanied at all times by an inspection certificate on such cattle or horses, except as provided by rule adopted under this chapter.
[ 2003 c 326 s 30; 1981 c 296 s 19; 1959 c 54 s 26. ]
NOTES:
Severability—1981 c 296: See note following RCW 15.08.010.
It is unlawful for any person to fail to present an animal for inspection at any mandatory inspection point designated by the director by rule under this chapter.
[ 2003 c 326 s 31. ]
It is unlawful for any person moving or transporting livestock in this state to refuse to assist the director or any peace officer in establishing the identity and ownership of the livestock being moved or transported.
[ 2003 c 326 s 32; 1959 c 54 s 27. ]
Any cattle carcass, or primal part thereof, of any breed or age being transported in this state from other than a state or federal licensed and inspected slaughterhouse or common carrier hauling for the slaughterhouse, shall be accompanied by a certificate of permit signed by the owner of the carcass or primal part thereof and, if the carcass or primal part is delivered to a facility custom handling the carcasses or primal parts thereof, the certificate of permit shall be deposited with the owner or manager of the custom handling facility and the certificate of permit shall be retained for a period of one year and be made available to the department for inspection during regular business hours or any working shift.
[ 2003 c 326 s 33; 1967 c 240 s 37. ]
Any person licensed as a custom farm slaughterer under RCW 16.49.035 shall complete and attach a custom slaughter beef tag to each of the four quarters of all slaughtered cattle handled by the slaughterer. The tags must remain on the quarters until the quarters are cut and wrapped. Only the director may provide custom slaughter beef tags to custom farm slaughterers. The fee for each set of four custom slaughter beef tags is as prescribed in WAC 16-607-100 as it existed on January 1, 2000. The director may, by rule, establish criteria for the use of custom slaughter beef tags.
[ 2000 c 99 s 14. ]
(1) No person shall knowingly have possession of any cattle or horse marked with a recorded brand of another person unless the:
(a) Cattle or horse lawfully bears the person's own healed recorded brand;
(b) Cattle or horse is accompanied by a certificate of permit from the owner of the recorded brand;
(c) Cattle or horse is accompanied by an inspection certificate;
(d) Cattle are accompanied by a self-inspection certificate meeting the requirements of RCW 16.57.010;
(e) Horse is accompanied by a bill of sale from the previous owner; or
(f) Cattle or horse is accompanied by other satisfactory proof of ownership as designated in rule.
(2) A violation of this section constitutes a gross misdemeanor.
[ 2010 c 66 s 11; 2003 c 326 s 34; 1995 c 374 s 52; 1991 c 110 s 5; 1959 c 54 s 28. ]
NOTES:
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
All cattle and horses that are not accompanied by a certificate of permit, inspection certificate, self-inspection certificate meeting the requirements of RCW 16.57.160, or other satisfactory proof of ownership when offered for sale and presented for inspection by the director, shall be impounded. If theft is suspected, the director shall immediately initiate an investigation. If theft is not suspected, the animal shall be sold and the proceeds retained by the director. Upon the sale of the cattle or horses, the director shall give the purchasers an inspection certificate for the cattle or horses documenting their ownership.
[ 2010 c 66 s 12; 2003 c 326 s 35; 1995 c 374 s 53; 1989 c 286 s 23; 1981 c 296 s 20; 1979 c 154 s 18; 1967 ex.s. c 120 s 6; 1959 c 54 s 29. ]
NOTES:
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.
Severability—1989 c 286: See note following RCW 16.04.010.
Severability—1981 c 296: See note following RCW 15.08.010.
Severability—1979 c 154: See note following RCW 15.49.330.
The proceeds from the sale of cattle and horses when impounded under RCW 16.57.290, after paying the cost thereof, shall be paid to the director, who shall make a record showing the brand or marks or other method of identification of the animals and the amount realized from the sale thereof. However, the proceeds from a sale of the cattle or horses at a licensed public livestock market shall be held by the licensee for a reasonable period not to exceed thirty days to permit the consignor to establish ownership or the right to sell the cattle or horses. If the consignor fails to establish legal ownership or the right to sell the cattle or horses, the proceeds shall be paid to the director to be disposed of as any other estray proceeds.
[ 2013 c 313 s 4; 2003 c 326 s 36; 1989 c 286 s 24; 1981 c 296 s 21; 1959 c 54 s 30. ]
NOTES:
Severability—1989 c 286: See note following RCW 16.04.010.
Severability—1981 c 296: See note following RCW 15.08.010.
When a person has been notified by registered mail that animals bearing the person's recorded brand have been sold by the director, the person shall present to the director a claim on the proceeds within thirty days from the receipt of the notice or the director may decide that no claim exists.
[ 2003 c 326 s 38; 1959 c 54 s 31. ]
If, after the expiration of one year from the date of sale, the person presenting the animals for inspection has not provided the director with satisfactory proof of ownership, the proceeds from the sale shall be paid on the claim of the owner of the recorded brand. However, it shall be a gross misdemeanor for the owner of the recorded brand to knowingly accept such funds after he or she has sold, bartered or traded such animals to the claimant or any other person.
[ 2003 c 326 s 39; 1991 c 110 s 6; 1959 c 54 s 32. ]
If, after the expiration of one year from the date of sale, no claim under RCW 16.57.310 is made or no satisfactory proof of ownership is provided under RCW 16.57.320, the money shall be credited to the department to be expended in carrying out the provisions of this chapter.
[ 2003 c 326 s 40; 1959 c 54 s 33. ]
The director has the authority to enter into reciprocal agreements with any or all states to prevent the theft, misappropriation, or loss of identification of livestock. The director may declare any livestock which is shipped or moved into this state from those states estrays if the livestock is not accompanied by the proper inspection certificate or other certificates required by the law of the state of origin of the livestock. The director may hold the livestock subject to all costs of holding or sell the livestock and send the funds, after the deduction of the cost of the sale, to the proper authority in the state of origin of the livestock.
[ 2003 c 326 s 41; 1959 c 54 s 34. ]
The director may adopt such rules as are necessary to carry out the purposes of this chapter. It shall be the duty of the director to enforce and carry out the provisions of this chapter and/or rules adopted hereunder. No person shall interfere with the director when he or she is performing or carrying out duties imposed on him or her by this chapter and/or rules adopted hereunder.
[ 1994 c 46 s 8; 1959 c 54 s 35. ]
NOTES:
Effective date—1994 c 46: See note following RCW 15.58.070.
(1) The director may adopt rules:
(a) To support the agriculture industry in meeting federal requirements for the country-of-origin labeling of meat. Any requirements established under this subsection for country of origin labeling purposes shall be substantially consistent with and shall not exceed the requirements established by the United States department of agriculture; and
(b) In consultation with the livestock identification advisory committee under RCW 16.57.015, to implement federal requirements for animal identification needed to trace the source of livestock for disease control and response purposes.
(2) The director may cooperate with and enter into agreements with other states and agencies of federal government to carry out such systems and to promote consistency of regulation.
[ 2011 1st sp.s. c 21 s 52; 2004 c 233 s 1. ]
NOTES:
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
(1)(a) The department is authorized to issue notices of and enforce civil infractions in the manner prescribed under chapter 7.80 RCW.
(b) The violation of any provision of this chapter and/or rules adopted under this chapter shall constitute a class 1 civil infraction as provided under chapter 7.80 RCW unless otherwise specified herein.
(2) The department may charge a time and mileage fee for the cost of an investigation including inspecting animals and related records during an investigation of a proven violation of this chapter. The fee may be up to eighty-five dollars per hour and the current mileage rate set by the office of financial management. The director may increase the hourly fee by rule as necessary to cover costs of investigations. All fees collected pursuant to this subsection shall be deposited in an account in the agricultural local fund and used to carry out the purposes of this chapter.
[ 2011 c 204 s 15; 2003 c 326 s 42; 1991 c 110 s 7; 1959 c 54 s 36. ]
All fees collected under the provisions of this chapter shall be deposited in an account in the agricultural local fund and used to carry out the purposes of this chapter, except as otherwise provided.
[ 2013 c 313 s 2; 2003 c 326 s 43; 1959 c 54 s 37. ]
NOTES:
Fees provided in chapter 16.58 RCW to be used to carry out provisions of chapters 16.57 and 16.58 RCW: RCW 16.58.130.
Horses and cattle may be identified by individual identification certificates or other means of identification authorized by the director. The certificates or other means of identification are valid only for the use of the owner in whose name it is issued.
Horses and cattle identified pursuant to this section are only subject to inspection when the animal is consigned for sale.
[ 2003 c 326 s 44; 1994 c 46 s 20; 1993 c 354 s 9; 1981 c 296 s 23; 1974 ex.s. c 38 s 3. ]
NOTES:
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW 16.65.030.
Severability—1981 c 296: See note following RCW 15.08.010.
A person who removes or causes to be removed a microchip implanted in a horse, or who removes or causes to be removed a microchip from one horse and implants or causes it to be implanted in another horse, with the intent to defraud a subsequent purchaser, is guilty of a gross misdemeanor.
[ 1996 c 105 s 2. ]
The department has the authority to conduct an investigation of an incident where scars or other marks indicate that a microchip has been removed from a horse.
[ 1996 c 105 s 3. ]
(1) No person may act as a registering agency without a permit issued by the director. The director may issue a permit to any person to act as a registering agency for the purpose of issuing permanent identification symbols for horses in a manner prescribed by the director. Application for a permit, or the renewal thereof by January 1 of each year, shall be on a form prescribed by the director, and accompanied by the proof of registration to be issued, any other documents required by the director, and a fee of two hundred and fifty dollars.
(2) Each registering agency shall maintain a permanent record for each individual identification symbol. The record shall include, but need not be limited to, the name, address, and phone number of the horse owner and a general description of the horse. A copy of each permanent record shall be forwarded to the director, if requested by the director.
(3) Horses shall be examined for individual identification symbols when presented for inspection.
(4) The director shall adopt rules necessary to administer this section.
[ 2003 c 326 s 45; 1993 c 354 s 11; 1989 c 286 s 25; 1981 c 296 s 35. ]
NOTES:
Severability—1989 c 286: See note following RCW 16.04.010.
Severability—1981 c 296: See note following RCW 15.08.010.
The department may, in consultation with representatives of the ratite industry, develop by rule a system that provides for the identification of individual ratites through the use of microchipping. The department may establish fees for the issuance or reissuance of microchipping numbers sufficient to cover the expenses of the department.
[ 1993 c 105 s 3. ]
NOTES:
Legislative finding and purpose—1993 c 105: See note following RCW 16.57.010.
The director may:
(1) Adopt rules governing issuance of replacement copies of brand inspection documents; and
(2) Charge a fee of twenty-five dollars for such copies, which may be increased by rule.
[ 2010 c 66 s 13. ]
It is unlawful for a person to transport or deliver cattle or horses to any destination other than the physical address of the destination designated on an inspection certificate, certificate of permit, or other transportation document when required by law or rule. The director may exempt cattle and horses from this requirement by rule.
[ 2011 c 204 s 14. ]
(1)(a) The director may establish an electronic cattle transaction reporting system as a mechanism for reporting transactions involving cattle to the department. The system may be used as an alternative to mandatory inspections under RCW 16.57.160. The system may be used to report the inspection of animals that are being moved out-of-state.
(b) A cattle transaction described in (a) of this subsection, that would otherwise trigger a mandatory inspection under rules adopted pursuant to RCW 16.57.160, is eligible to report electronically under this section.
(c) Transactions that may be reported electronically include any sale, trade, gift, barter, or any other transaction that constitutes a change of ownership of cattle.
(2) A person may not electronically report change of ownership transactions involving cattle under this section without first obtaining an electronic cattle transaction reporting license from the director. Applicants for an electronic cattle transaction reporting license must submit an application to the department on a form provided by the department and must include an application fee. The amount of the application fee must be established by the director by rule consistent with subsection (8) of this section.
(3) All holders of an electronic cattle transaction reporting license must transmit to the department a record of each transaction containing the unique identification of each individual animal included in the transaction as assigned through a department-authorized identification method. The transmission required under this subsection must be completed no more than twenty-four hours after a qualifying transaction involving cattle.
(4) All holders of an electronic cattle transaction reporting license must keep accurate records of all transactions involving cattle and make those records available for inspection by the department upon reasonable request during normal business hours. All records of the licensed property must be retained for at least three years.
(5)(a) The director may enter the property of the holder of an electronic cattle transaction reporting license at any reasonable time to conduct examinations and inspections of cattle and any associated records for movement verification purposes. For purposes of this section, "any reasonable time" means during regular business hours or during any working shift.
(b) It is unlawful for any person to interfere with an examination and inspection of cattle and records performed under this subsection.
(c) If the director is denied access to a property or cattle for the purposes of this subsection, or a person fails to comply with an order of the director, the director may apply to a court of competent jurisdiction for a search warrant. To show that access is denied, the director must file with the court an affidavit or declaration containing a description of all attempts to notify and locate the owner or owner's agent and secure consent.
(6)(a) The director may deny, suspend, or revoke an electronic cattle transaction reporting license issued under this section if the director finds that an electronic cattle transaction reporting license holder:
(i) Fails to satisfy the reporting requirements as provided in this section;
(ii) Knowingly makes false or inaccurate statements;
(iii) Has previously had an electronic cattle transaction reporting license revoked;
(iv) Denies entry to property, cattle, or records as provided in subsection (5) of this section; or
(v) Violates any other provision of this chapter or any rules adopted under this chapter.
(b) Any action taken under this subsection must be consistent with the provisions of chapter 34.05 RCW, the administrative procedure act.
(c) If an electronic cattle transaction reporting license is denied, suspended, or revoked, then the mandatory cattle inspection requirements under RCW 16.57.160 apply to any future transactions.
(7) The department must submit an annual report to the legislature, consistent with RCW 43.01.036, that documents all examinations and inspections of cattle and records of electronic cattle transaction reporting license holders performed by the department either since the department's last report or since the adoption of the electronic cattle transaction reporting system. The annual report must also include details regarding any actions the department took following the examinations and inspections. All reports required under this section must be submitted by July 31st of each year.
(8)(a) The director may adopt rules:
(i) Designating the conditions of licensure under this section and the use of the electronic cattle transaction reporting system authorized by this section;
(ii) Establishing an initial application fee and a license renewal fee applicable to the electronic cattle transaction reporting license; and
(iii) Establishing any fees that must be paid by the holder of an electronic cattle transaction reporting license for reporting cattle transactions through the electronic cattle transaction reporting system.
(b) All fees established under this section must, as closely as practicable, cover the cost of the development, maintenance, fee collection, and audit and administrative oversight of the electronic cattle transaction reporting system.
[ 2019 c 92 s 6; 2015 c 197 s 1. ]
(1) The department shall submit a livestock inspection program report pursuant to RCW 43.01.036 by November 1, 2023, and annually thereafter, to the appropriate committees of the legislature having oversight over agriculture and fiscal matters. The report must also be submitted to the livestock identification advisory committee created in RCW 16.57.015. The report must include amounts collected, a report on program expenditures, and any recommendations for making the program more efficient, improving the program, or modifying livestock inspection fees to cover the costs of the program. The report must also address the financial status of the program, including whether there is a need to review fees so that the program continues to be supported by fees.
(2) This section expires July 1, 2030.
[ 2025 c 287 s 1; 2023 c 46 s 4; 2022 c 158 s 2; 2019 c 92 s 13. ]
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003, except for sections 4 and 10 of this act which take effect January 1, 2004.
[ 2003 c 326 s 93. ]
The purpose of this chapter is to expedite the movement of cattle from producers to the point of slaughter without losing the ownership identity of such cattle, and further to provide for fair and economical methods of identification of cattle in such commercial feed lots.
[ 1979 c 81 s 1; 1971 ex.s. c 181 s 1. ]
For the purpose of this chapter:
(1) "Certified feed lot" means any place, establishment, or facility commonly known as a commercial feed lot, cattle feed lot, or the like, which complies with all of the requirements of this chapter, and any rules adopted under this chapter and which holds a valid license from the director.
(2) "Department" means the department of agriculture of the state of Washington.
(3) "Director" means the director of the department or his or her duly authorized representative.
(4) "Licensee" means any persons licensed under the provisions of this chapter.
(5) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be.
(6) "Livestock inspection" or "inspection" means the examination of livestock or livestock hides for brands or any means of identifying livestock or livestock hides including the examination of documents providing evidence of ownership.
(7) "Change of ownership" means the transfer of ownership from one person to another by the sale of livestock. It does not mean: A change in partners within a partnership; a change in members within an association or a society; or the sale of stock within a corporation, company, or association.
(8) "Direct to slaughter" means the delivery of livestock to a slaughter plant within ten days of the sale of the cattle to the slaughter plant.
[ 2003 c 326 s 46; 1971 ex.s. c 181 s 2. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
The director may adopt those rules as are necessary to carry out the purpose of this chapter. No person shall interfere with the director when he or she is performing or carrying out any duties imposed upon the director by this chapter or rules adopted under this chapter.
[ 2003 c 326 s 47; 1971 ex.s. c 181 s 3. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
Any person desiring to engage in the business of operating one or more certified feed lots shall obtain an annual license from the director for that purpose. The application for a license shall be on a form prescribed by the director and shall include the following:
(1) The number of certified feed lots the applicant intends to operate and their exact location and mailing address;
(2) The legal description of the land on which the certified feed lot will be situated;
(3) A complete description of the facilities used for feeding and handling of cattle at each certified feed lot;
(4) The estimated number of cattle which can be handled for feeding purposes at each certified feed lot; and
(5) Any other information necessary to carry out the purpose and provisions of this chapter and rules adopted under this chapter.
[ 2003 c 326 s 48; 1971 ex.s. c 181 s 4. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
(1) The application for an annual license to engage in the business of operating one or more certified feed lots shall be accompanied by a license fee of nine hundred thirty-five dollars.
(2) Upon approval of the application by the director and compliance with the provisions of this chapter and rules adopted under this chapter, the applicant shall be issued a license or license renewal. The director shall conduct an inspection of all cattle and their corresponding ownership documents prior to issuing an original license. The inspection fee is the higher of the current inspection fee per head of cattle or time and mileage as set forth in RCW 16.57.220.
[ 2019 c 92 s 7; 2003 c 326 s 49; 1997 c 356 s 5; 1997 c 356 s 4; 1994 c 46 s 23; 1994 c 46 s 14; 1993 c 354 s 3; 1979 c 81 s 2; 1971 ex.s. c 181 s 5. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
Effective dates—1997 c 356: See note following RCW 16.57.220.
Effective date—1994 c 46 ss 21-25: See note following RCW 16.65.090.
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW 16.65.030.
Certified feed lot licenses expire on June 30th following the date of issuance. If a person fails, refuses, or neglects to apply for renewal of a license by June 30th, the person's license shall expire. To reinstate a license, the person shall be assessed a late fee of twenty-five dollars which shall be added to the regular license fee and shall be paid before the director may issue a license to the applicant.
[ 2003 c 326 s 50; 1991 c 109 s 10; 1971 ex.s. c 181 s 6. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
The director is authorized to deny, suspend, or revoke a license in accordance with the provisions of chapter 34.05 RCW if he or she finds that there has been a failure to comply with any requirement of this chapter or rules adopted under this chapter. Hearings for the revocation, suspension, or denial of a license shall be subject to the provisions of chapter 34.05 RCW.
[ 2003 c 326 s 51; 1989 c 175 s 54; 1971 ex.s. c 181 s 7. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
Effective date—1989 c 175: See note following RCW 34.05.010.
Every certified feed lot shall be equipped with a facility or a livestock pen, approved by the director as to location and construction within the feed lot so that necessary livestock inspection can be carried on in a proper, expeditious and safe manner. Each licensee shall furnish the director with sufficient help necessary to carry out inspections in the manner set forth above.
[ 2003 c 326 s 52; 1971 ex.s. c 181 s 8. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
All cattle entering or reentering a certified feed lot must be inspected upon entry, unless they are accompanied by an inspection certificate issued by the director, or any other agency authorized in any state or Canadian province by law to issue a certificate. Licensees shall report a discrepancy between cattle entering or reentering a certified feed lot and the inspection certificate accompanying the cattle to the nearest inspector immediately. A discrepancy may require an inspection of all the cattle entering or reentering the lot, except as may otherwise be provided by rule.
[ 2003 c 326 s 53; 1991 c 109 s 11; 1979 c 81 s 6. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
(1) The director shall conduct audits of the cattle received, fed, handled, and shipped by the licensee at each certified feed lot. These audits shall be for the purpose of determining if the cattle correlate with the inspection certificates issued in their behalf and that the certificate of assurance furnished the director by the licensee correlates with his or her assurance that inspected cattle were not commingled with uninspected cattle.
(2) The department shall conduct an audit to determine compliance with RCW 16.36.150 at the time of conducting audits under subsection (1) of this section.
[ 2011 c 204 s 4; 2003 c 326 s 54; 1979 c 81 s 3; 1971 ex.s. c 181 s 10. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
All certified feed lots shall furnish the director with records as requested by the director on a monthly basis on all cattle entering or on feed in the certified feed lots and dispersed therefrom. These records must include a copy of each inspection certificate received and an itemized listing of all cattle entering and leaving the feed lot. All requested records shall be subject to examination by the director for the purpose of maintaining the integrity of the identity of all the cattle. The director may make the examinations only during regular business hours or any working shift except in an emergency to protect the interest of the owners of the cattle.
[ 2003 c 326 s 55; 1991 c 109 s 12; 1971 ex.s. c 181 s 11. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
The licensee shall maintain sufficient records as required by the director at each certified feed lot, if said licensee operates more than one certified feed lot.
[ 1991 c 109 s 13; 1971 ex.s. c 181 s 12. ]
Each licensee shall pay to the director a fee of 28 cents for each head of cattle handled through the licensee's feed lot. The licensee must pay a call out fee of $20 to the department for each day and for each livestock inspector who performs inspections at each certified feed lot. Payment of the fees shall be made by the licensee on a monthly basis. Failure to pay as required shall be grounds for suspension or revocation of a certified feed lot license. The director shall not renew a certified feed lot license if a licensee has failed to make prompt and timely payments. No call out fee is charged for an inspection done by a certified veterinarian or field livestock inspector.
[ 2023 c 46 s 5; 2019 c 92 s 8; 2006 c 156 s 2; 2003 c 326 s 56; 1997 c 356 s 7; 1997 c 356 s 6; 1994 c 46 s 24; 1994 c 46 s 15; 1993 c 354 s 4; 1991 c 109 s 14; 1979 c 81 s 4; 1971 ex.s. c 181 s 13. ]
NOTES:
Expiration date—2025 c 287; 2023 c 46 ss 1, 3, 5, and 6: See note following RCW 16.57.015.
Expiration date—2025 c 287; 2023 c 46; 2022 c 158; 2019 c 92 ss 1, 5, 8, and 11: See note following RCW 16.57.015.
Effective date—2006 c 156: See note following RCW 16.57.220.
Effective dates—2003 c 326: See RCW 16.57.902.
Effective dates—1997 c 356: See note following RCW 16.57.220.
Effective date—1994 c 46 ss 21-25: See note following RCW 16.65.090.
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW 16.65.030.
PDFRCW 16.58.130
Feed lots—Fee for each head of cattle handled—Failure to pay. (Effective July 1, 2030.)
Each licensee shall pay to the director a fee of twenty-five cents for each head of cattle handled through the licensee's feed lot. Payment of the fee shall be made by the licensee on a monthly basis. Failure to pay as required shall be grounds for suspension or revocation of a certified feed lot license. The director shall not renew a certified feed lot license if a licensee has failed to make prompt and timely payments.
[ 2006 c 156 s 2; 2003 c 326 s 56; 1997 c 356 s 7; 1997 c 356 s 6; 1994 c 46 s 24; 1994 c 46 s 15; 1993 c 354 s 4; 1991 c 109 s 14; 1979 c 81 s 4; 1971 ex.s. c 181 s 13.]
Effective date—2006 c 156: See note following RCW 16.57.220.
Effective dates—2003 c 326: See RCW 16.57.902.
Effective dates—1997 c 356: See note following RCW 16.57.220.
Effective date—1994 c 46 ss 21-25: See note following RCW 16.65.090.
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW 16.65.030.
All fees provided for in this chapter shall be deposited in an account in the agricultural local fund and used for enforcing and carrying out the purpose and provisions of this chapter or chapter 16.57 RCW.
[ 2003 c 326 s 57; 1979 c 81 s 5; 1971 ex.s. c 181 s 14. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
No inspection shall be required when cattle are moved or transferred from one certified feed lot to another when they are accompanied by satisfactory proof of ownership and there is no change of ownership or from a certified feed lot to a point within this state, or out of state where this state maintains inspection, for the purpose of immediate slaughter. Any change of ownership within a certified feed lot requires a livestock inspection unless the cattle are sent direct to slaughter. An inspection fee as provided for in RCW 16.57.220 is payable to the director by the seller of the cattle or through the licensee as an agent. Upon notice by the director to suspend a license under this section, a person may request a hearing under chapter 34.05 RCW.
[ 2003 c 326 s 58; 1971 ex.s. c 181 s 15. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
The director may, when a certified feed lot's conditions become such that the integrity of reports or records of the cattle in that feed lot becomes doubtful, immediately suspend the certified feed lot's license until such time as the director can conduct an investigation to verify the condition of reports or records.
Upon notice by the director to suspend a license under this section, a person may request a hearing under chapter 34.05 RCW.
[ 2003 c 326 s 59; 1991 c 109 s 15; 1971 ex.s. c 181 s 16. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
(1) Except as provided in subsection (2) of this section, any person who violates the provisions of this chapter or any rule adopted under this chapter is guilty of a misdemeanor.
(2) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a previous conviction shall be considered a first offense.
[ 2003 c 326 s 60; 2003 c 53 s 115; 1971 ex.s. c 181 s 17. ]
NOTES:
Reviser's note: This section was amended by 2003 c 53 s 115 and by 2003 c 326 s 60, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective dates—2003 c 326: See RCW 16.57.902.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.
[ 1971 ex.s. c 181 s 18. ]
A lawful fence shall be of at least four barbed, horizontal, well-stretched wires, spaced so that the top wire is forty-eight inches, plus or minus four inches, above the ground and the other wires at intervals below the top wire of twelve, twenty-two, and thirty-two inches. These wires shall be securely fastened to substantial posts set firmly in the ground as nearly equidistant as possible, but not more than twenty-four feet apart. If the posts are set more than sixteen feet apart, the wires shall be supported by stays placed no more than eight feet from each other or from the posts.
[ 1985 c 415 s 22; Code 1881 s 2488; 1873 p 447 s 1; 1871 p 63 s 1; 1869 p 323 s 1; RRS s 5441. FORMER PART OF SECTION: Code 1881 s 2489; 1873 p 447 s 2; 1871 p 64 s 2; 1869 p 324 s 2; RRS s 5442, now codified as RCW 16.60.011. ]
All other fences as strong and as well calculated as the fence described in RCW 16.60.010 shall be lawful fences.
[ 1985 c 415 s 23; Code 1881 s 2489; 1873 p 447 s 2; 1871 p 64 s 2; 1869 p 324 s 2; RRS s 5442. Formerly RCW 16.60.010, part. ]
Any person making and maintaining in good repair around his or her enclosure or enclosures, any fence such as is described in RCW 16.60.010 and 16.60.011, may recover in a suit for trespass before the nearest court having competent jurisdiction, from the owner or owners of any animal or animals which shall break through such fence, in full for all damages sustained on account of such trespass, together with the costs of suits; and the animal or animals, so trespassing, may be taken and held as security for the payment of such damages and costs: PROVIDED, That such person shall provide notice as required under RCW 16.04.020 and 16.04.025: PROVIDED FURTHER, That such person shall have such fences examined and the damages assessed by three reliable, disinterested parties and practical farmers, within five days next after the trespass has been committed: AND, PROVIDED FURTHER, That if, before trial, the owner of such trespassing animal or animals, shall have tendered the person injured any costs which may have accrued, and also the amount in lieu of damages which shall equal or exceed the amount of damages afterwards awarded by the court or jury, and the person injured shall refuse the same and cause the trial to proceed, such person shall pay all costs and receive only the damages awarded.
[ 1985 c 415 s 26; Code 1881 s 2490; 1873 p 447 s 3; 1871 p 64 s 3; 1869 p 324 s 3; RRS s 5443. ]
NOTES:
Trespassing animals—Restraint—Damages and costs: RCW 16.04.010.
When any fence has been, or shall hereafter be, erected by any person on the boundary line of his or her land and the person owning land adjoining thereto shall make, or cause to be made, an inclosure [enclosure], so that such fence may also answer the purpose of inclosing [enclosing] his or her ground, he or she shall pay the owner of such fence already erected one-half of the value of so much thereof as serves for a partition fence between them: PROVIDED, That in case such fence has woven wire or other material known as hog fencing, then the adjoining owner shall not be required to pay the extra cost of such hog fencing over and above the cost of erecting a lawful fence, as by law defined, unless such adjoining owner has his or her land fenced with hog fencing and uses the partition fence to make a hog enclosure of his or her land, then he or she shall pay to the one who owns said hog fence one-half of the value thereof.
[ 2011 c 336 s 426; 1907 c 13 s 1; Code 1881 s 2491; 1873 p 448 s 4; 1871 p 65 s 4; 1869 p 324 s 4; RRS s 5444. ]
NOTES:
Hog fencing: RCW 16.60.050.
When two or more persons own land adjoining which is inclosed [enclosed] by one fence, and it becomes necessary for the protection of the interest of one party said partition fence should be made between them, the other or others, when notified thereof, shall erect or cause to be erected one-half of such partition fence, said fence to be erected on, or as near as practicable, the line of said land.
[ Code 1881 s 2492; 1873 p 448 s 5; 1871 p 65 s 5; 1869 p 325 s 5; RRS s 5445. ]
If, after notice has been given by either party and a reasonable length of time has elapsed, the other party neglect or refuse to erect or cause to be erected, the one-half of such fence, the party giving notice may proceed to erect or cause to be erected the entire partition fence, and collect by law one-half of the cost thereof from the other party.
[ Code 1881 s 2493; 1873 p 448 s 6; 1871 p 65 s 6; 1869 p 325 s 6; RRS s 5446. ]
The respective owners of adjoining inclosures [enclosures] shall keep up and maintain in good repair all partition fences between such inclosures [enclosures] in equal shares, so long as they shall continue to occupy or improve the same; and in case either of the parties shall desire to make such fence capable of turning hogs and the other party does not desire to use it for such purpose, then the party desiring to use it shall have the right to attach hog-fencing material to the posts of such fence, which hog fencing shall remain the property of the party who put it up, and he or she may remove it at any time he or she desires: PROVIDED, That he or she leaves the fence in as good condition as it was when the hog fencing was by him or her attached, the natural decay of the posts excepted. The attaching of such hog fencing shall not relieve the other party from the duty of keeping in repair his or her part of such fence, as to all materials used in said fence additional to said hog fencing.
[ 2011 c 336 s 427; 1907 c 13 s 2; Code 1881 s 2494; 1873 p 449 s 7; 1871 p 65 s 7; 1869 p 325 s 7; RRS s 5447. ]
NOTES:
Reimbursement—Hog fencing: RCW 16.60.020.
When any person shall unwittingly or by mistake, erect any fence on the land of another, and when by a line legally determined that fact shall be ascertained, such person may enter upon the premises and remove such fence at any time within three months after such line has been run as aforesaid: PROVIDED, That when the fence to be removed forms any part of a fence enclosing a field of the other party having a crop thereon, such first person shall not remove such fence until such crop might, with reasonable diligence, have been gathered and secured, although more than three months may have elapsed since such division line was run.
[ Code 1881 s 2495; 1873 p 449 s 8; 1871 p 65 s 8; 1869 p 325 s 8; RRS s 5448. Formerly RCW 16.60.070. ]
When any party shall wish to lay open his or her inclosure [enclosure], he or she shall notify any person owning adjoining inclosures [enclosures], and if such person shall not pay to the party giving notice one-half the value of any partition fence between such enclosures, within three months after receiving such notice, the party giving notice may proceed to remove one-half of such fence, as provided in RCW 16.60.055.
[ 2011 c 336 s 428; Code 1881 s 2496; 1873 p 449 s 9; 1871 p 65 s 9; 1869 p 325 s 9; RRS s 5449. ]
In assessing the value of any partition fence, the parties shall proceed as provided for the assessment of damages in RCW 16.60.020.
[ Code 1881 s 2497; 1873 p 449 s 10; 1871 p 66 s 10; 1869 p 326 s 10; RRS s 5450. ]
Upon the trial of any cause occurring under the provisions of RCW 16.60.010 through 16.60.076, the defendant may impeach any such assessment, and in that case the court or the jury shall determine the damages.
[ Code 1881 s 2498; 1873 p 449 s 11; 1871 p 66 s 11; 1869 p 326 s 11; RRS s 5451. ]
The owner of any animal that is unruly, and in the habit of breaking through or throwing down fences, if after being notified that such animal is unruly and in the habit of breaking through or throwing down fences as aforesaid, he or she shall allow such animal to run at large, shall be liable for all damages caused by such animal, and any and all other animals, that may be in company with such animal.
[ 2011 c 336 s 429; Code 1881 s 2499; 1873 p 449 s 12; 1871 p 66 s 12; 1869 p 326 s 12; RRS s 5452. Formerly RCW 16.04.090, part. FORMER PART OF SECTION: Code 1881 s 2500; 1873 p 450 s 13; 1871 p 66 s 13; RRS s 5453, now codified as RCW 16.60.076. ]
In case of actions for damages under RCW 16.60.010 through 16.60.076, it shall be sufficient to prove that the fence was lawful when the break was made.
[ Code 1881 s 2500; 1873 p 450 s 13; 1871 p 66 s 13; RRS s 5453. Formerly RCW 16.04.090, part. ]
Whenever any inhabitant of this state shall have his or her fences removed by floods or destroyed by fire, the county commissioners of the county in which he or she resides shall have power to grant a license or permit for him or her to put a convenient gate or gates across any highway for a limited period of time, to be named in their order, in order to secure him or her from depredations upon his or her crops until he or she can repair his or her fences, and they shall grant such license or permit for no longer period than they may think absolutely necessary.
[ 2011 c 336 s 430; Code 1881, Bagley's Supp., p 25 s 1; 1871 p 103 s 1; RRS s 5459. FORMER PART OF SECTION: Code 1881, Bagley's Supp., p 25 s 2; 1871 p 104 s 2; RRS s 5460, now codified as RCW 16.60.085. ]
It shall be lawful for the auditor of any county to grant such permit in vacation, but his or her license shall not extend past the next meeting of the commissioner's court.
[ 2011 c 336 s 431; Code 1881, Bagley's Supp., p 25 s 2; 1871 p 104 s 2; RRS s 5460. Formerly RCW 16.60.080, part. ]
Any person retaining a gate across the highway after his or her license shall expire, shall be subject to a fine of one dollar for the first day and fifty cents for each subsequent day he or she shall retain the same, and it may be removed by the road supervisor, as an obstruction, at the cost of the person placing or keeping it upon the highway.
[ 2011 c 336 s 432; Code 1881, Bagley's Supp., p 25 s 3; 1871 p 104 s 3; RRS s 5461. ]
The fees of the auditor under RCW 16.60.080 through 16.60.095 shall be paid by the applicant.
[ Code 1881, Bagley's Supp., p 25 s 4; 1871 p 104 s 4. ]
The purpose of this chapter is to ensure the orderly marketing of livestock, to ensure the financial stability of public livestock markets, and to protect persons who consign livestock to markets and sales.
[ 2003 c 326 s 61. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
For the purposes of this chapter:
(1) The term "public livestock market" means any place, establishment or facility commonly known as a "public livestock market", "livestock auction market", "livestock sales ring", yards selling on commission, or the like, conducted or operated for compensation or profit as a public livestock market, consisting of pens or other enclosures, and their appurtenances in which livestock is received, held, sold, kept for sale or shipment. The term does not include the operation of a person licensed under this chapter to operate a special open consignment horse sale.
(2) "Department" means the department of agriculture of the state of Washington.
(3) "Director" means the director of the department or his or her duly authorized representative.
(4) "Licensee" means any person licensed under the provisions of this chapter.
(5) "Livestock" includes horses, mules, burros, cattle, sheep, swine, and goats.
(6) "Person" means a natural person, individual, firm, partnership, corporation, company, society, and association, and every officer, agent or employee thereof. This term shall import either the singular or the plural as the case may be.
(7) "Stockyard" means any place, establishment, or facility commonly known as a stockyard consisting of pens or other enclosures and their appurtenances in which livestock services such as feeding, watering, weighing, sorting, receiving and shipping are offered to the public: PROVIDED, That stockyard shall not include any facilities where livestock is offered for sale at public auction, feed lots, or quarantined registered feed lots.
(8) "Packer" means any person engaged in the business of slaughtering, manufacturing, preparing meat or meat products for sale, marketing meat, meat food products or livestock products.
(9) "Special open consignment horse sale" means a sale conducted by a person other than the operator of a public livestock market which is limited to the consignment of horses and donkeys only for sale on an occasional and seasonal basis.
(10) "Livestock inspection" or "inspection" means the examination of livestock or livestock hides for brands or any means of identifying livestock or livestock hides including the examination of documents providing evidence of ownership.
[ 2003 c 326 s 62; 1983 c 298 s 1; 1961 c 182 s 1; 1959 c 107 s 1. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
(1) Except under subsection (2) of this section, this chapter does not apply to:
(a) A farmer selling his or her own livestock.
(b) A farmers' cooperative association or an association of livestock breeders when any class of their own livestock is assembled and offered for sale at a special sale under the association's management and responsibility.
(c) A youth livestock organization such as 4-H, FFA, or other junior livestock group, when any class of livestock owned by the youth members is assembled and offered for sale at a special sale under the organization's management and responsibility.
(2) Any farmer, farmers' cooperative association, livestock breeders' association, or youth livestock organization under subsection (1) of this section, may, upon obtaining a permit from the director, conduct a public sale of his or her or its members livestock on an occasional or seasonal basis. Application for the permit shall be in writing to the director for his or her approval at least fifteen days before the proposed public sale is scheduled to be held. The application must be complete and accompanied by a nonrefundable fee of fifty dollars for each sale, except that the fee is waived for youth livestock organizations. The sale is subject to the livestock and health inspection requirements as provided in this chapter for sales at public livestock markets, unless otherwise prescribed by rule.
[ 2003 c 326 s 63; 1983 c 298 s 2. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
Public livestock markets and special open consignment horse sales shall be under the direction and supervision of the director, and the director may adopt those rules as are necessary to carry out the purpose of this chapter. It shall be the duty of the director to enforce and carry out the provisions of this chapter and rules adopted under this chapter. No person shall interfere with the director when he or she is performing or carrying out any duties imposed by this chapter or rules adopted under this chapter.
[ 2003 c 326 s 64; 1983 c 298 s 5; 1959 c 107 s 2. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
(1) No person shall operate a public livestock market without first having obtained a license from the director. Application for a license shall be in writing on forms prescribed by the director, and shall include the following:
(a) A nonrefundable original license application fee of two thousand dollars.
(b) A legal description of the property upon which the public livestock market shall be located.
(c) A complete description and blueprints or plans of the public livestock market physical plant, yards, pens, and all facilities the applicant proposes to use in the operation of such public livestock market.
(d) A financial statement, audited by a certified or licensed public accountant, to determine whether or not the applicant meets the minimum net worth requirements, established by the director by rule, to construct and/or operate a public livestock market. If the applicant is a subsidiary of a larger company, corporation, society, or cooperative association, both the parent company and the subsidiary company must submit a financial statement to determine whether or not the applicant meets the minimum net worth requirements. All financial statement information required by this subsection is confidential information and not subject to public disclosure.
(e) The schedule of rates and charges the applicant proposes to impose on the owners of livestock for services rendered in the operation of such livestock market.
(f) The weekly or monthly sales day or days on which the applicant proposes to operate his or her public livestock market sales and the class of livestock that may be sold on these days.
(g) Projected source and quantity of livestock anticipated to be handled.
(h) Projected gross dollar volume of business to be carried on, at, or through the public livestock market during the first year's operation.
(i) Facts upon which is based the conclusion that the trade area and the livestock industry will benefit because of the proposed market.
(j) Other information as the director may require by rule.
(2) If the director determines that the applicant meets all the requirements of subsection (1) of this section, the director shall conduct a public hearing as provided by chapter 34.05 RCW, and shall grant or deny an application for original license for a public livestock market after considering evidence and testimony relating to the requirements of this section and giving reasonable consideration to:
(a) Benefits to the livestock industry to be derived from the establishment and operation of the public livestock market proposed in the application;
(b) The geographical area that will be affected;
(c) The conflict, if any, with sales days already allocated in the area;
(d) The amount and class of livestock available for marketing in the area;
(e) Buyers available to the proposed market; and
(f) Any other conditions affecting the orderly marketing of livestock.
(3) Before a license is issued to operate a public livestock market, the applicant must:
(a) Execute and deliver to the director a surety bond as required under RCW 16.65.200;
(b) Provide evidence of a custodial account, as required under RCW 16.65.140, for the consignor's proceeds;
(c) Pay the appropriate license fee; and
(d) Provide other information required under this chapter and rules adopted under this chapter.
[ 2003 c 326 s 65; 1995 c 374 s 54; (1994 c 46 s 21 repealed by 1995 c 374 s 55); 1994 c 46 s 12; 1993 c 354 s 1; 1991 c 17 s 1; 1979 ex.s. c 91 s 1; 1971 ex.s. c 192 s 1; 1967 ex.s. c 120 s 5; 1961 c 182 s 2; 1959 c 107 s 3. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
Prior legislative approval—1994 c 46: "The reenactment of sections 12 through 20 of this act constitutes approval of fee increases for which prior legislative approval is required by RCW 43.135.055 (section 8, chapter 2, Laws of 1994, Initiative Measure No. 601)." [ 1994 c 46 s 26.]
Effective date—1994 c 46: See note following RCW 15.58.070.
(1) Any license issued under the provisions of this chapter shall only be valid at the location and for the sales day or days for which the license was issued.
(2) The license fee shall be based on the average gross sales volume per official sales day of a market in the previous twelve months or, for a new market, the projected average gross sales per official sales day of the market during its first year's operation.
(a) The license fee for markets with an average gross sales volume up to and including ten thousand dollars is one hundred sixty-five dollars.
(b) The license fee for markets with an average gross sales volume over ten thousand dollars and up to and including fifty thousand dollars is three hundred thirty dollars.
(c) The license fee for markets with an average gross sales volume over fifty thousand dollars is four hundred ninety-five dollars.
(3) Any applicant operating more than one public livestock market shall make a separate application for a license to operate each public livestock market, and each application shall be accompanied by the appropriate license fee.
[ 2019 c 92 s 10; 2003 c 326 s 66; 1997 c 356 s 9; 1997 c 356 s 8; 1995 c 374 s 57. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
Effective dates—1997 c 356: See note following RCW 16.57.220.
Effective date—Expiration date—1995 c 374 ss 48, 49, 56, and 57: See note following RCW 16.57.220.
(1) All public livestock market licenses provided for in this chapter expire on March 1st subsequent to the date of issue.
(2) Application for renewal of a public livestock market license shall be in writing on forms prescribed by the director, and shall include:
(a) All information under RCW 16.65.030(1) (d), (e), and (f);
(b) The gross dollar volume of business carried on, at, or through the applicant's public livestock market in the twelve-month period prior to the application for renewal of the license;
(c) Other information as the director may require by rule; and
(d) The appropriate license fee.
(3) If any person fails, refuses, or neglects to apply for a renewal of a preexisting license by March 1st, the person's license shall expire. To reinstate a license, the person shall pay a penalty of twenty-five dollars, which shall be added to the regular license fee, before the license may be reinstated by the director.
[ 2003 c 326 s 67; 1983 c 298 s 6; 1979 ex.s. c 91 s 2; 1959 c 107 s 4. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
(1) A person shall not operate a special open consignment horse sale without first obtaining a license from the director. The application for the license shall include:
(a) The schedule of rates and charges the applicant proposes to impose on the owners of horses for services rendered in the operation of the horse sale;
(b) The specific date and exact location of the proposed sale;
(c) Projected quantity and approximate value of horses to be handled; and
(d) Such other information as the director may reasonably require.
(2) The application shall be accompanied by a license fee of one hundred dollars. Upon the approval of the application by the director and compliance with this chapter, the applicant shall be issued a license. A special open consignment horse sale license is valid only for the specific date or dates and exact location for which the license was issued.
[ 2003 c 326 s 68; 1983 c 298 s 3. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
It is lawful for the operator of a public livestock market or an open consignment horse sale, upon receiving a request to do so, to allow the announcement of the correct and accurate name of the consignor of any cattle or horses being presented for sale to potential buyers.
[ 1991 c 17 s 5. ]
All fees provided for under this chapter shall be deposited in an account in the agricultural local fund and used for enforcing and carrying out the purpose and provisions of this chapter and chapter 16.57 RCW.
[ 2003 c 326 s 69; 1959 c 107 s 5. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
The licensee's license shall be posted conspicuously in the main office of such licensee's public livestock market or special open consignment horse sale.
[ 1983 c 298 s 7; 1959 c 107 s 6. ]
(1) The director may deny, suspend, or revoke a license when the director finds that a licensee (a) has misrepresented titles, charges, numbers, brands, weights, proceeds of sale, or ownership of livestock; (b) has attempted payment to a consignor or the department by a check the licensee knows not to be backed by sufficient funds to cover such check; (c) has violated any of the provisions of this chapter or rules adopted under this chapter; (d) has violated any laws of the state that require inspection of livestock for health or identification purposes; (e) has violated any condition of the bond, as provided in this chapter.
(2) Upon notice by the director to deny, revoke, or suspend a license, a person may request a hearing under chapter 34.05 RCW.
(3) The director may issue subpoenas to compel the attendance of witnesses, or the production of books or documents anywhere in the state. The applicant or licensee shall have opportunity to be heard, and may have such subpoenas issued as he or she desires. Subpoenas shall be served in the same manner as in civil cases in the superior court. Witnesses shall testify under oath which may be administered by the director. Testimony shall be recorded, and may be taken by deposition under such rules as the director may prescribe.
[ 2019 c 92 s 9; 2003 c 326 s 70; 1985 c 415 s 9; 1971 ex.s. c 192 s 2; 1961 c 182 s 3; 1959 c 107 s 8. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
Orders—Appeal: RCW 16.65.450.
When livestock inspection is required the licensee shall collect from the consignor and pay to the department an inspection fee, as provided by law, for each animal inspected. However, if in any one sale day the total fees collected for inspection do not exceed $150, then the licensee shall pay $150 for the inspection services. The licensee must pay a call out fee of $20 to the department for each day and for each livestock inspector who performs inspections at a public livestock market. No call out fee is charged for an inspection done by a certified veterinarian or field livestock inspector.
[ 2023 c 46 s 6; 2019 c 92 s 11; 2003 c 326 s 71; 1997 c 356 s 11; 1997 c 356 s 10; 1994 c 46 s 22; 1994 c 46 s 13; 1993 c 354 s 2; 1983 c 298 s 8; 1971 ex.s. c 192 s 3; 1959 c 107 s 9. ]
NOTES:
Expiration date—2025 c 287; 2023 c 46 ss 1, 3, 5, and 6: See note following RCW 16.57.015.
Expiration date—2025 c 287; 2023 c 46; 2022 c 158; 2019 c 92 ss 1, 5, 8, and 11: See note following RCW 16.57.015.
Effective dates—2003 c 326: See RCW 16.57.902.
Effective dates—1997 c 356: See note following RCW 16.57.220.
Effective date—1994 c 46 ss 21-25: "Sections 21 through 25 of this act shall take effect July 1, 1997." [ 1994 c 46 s 29.]
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW 16.65.030.
PDFRCW 16.65.090
Livestock inspection—Consignor's fee—Inspection fee. (Effective July 1, 2030.)
The director shall provide for livestock inspection. When livestock inspection is required the licensee shall collect from the consignor and pay to the department an inspection fee, as provided by law, for each animal inspected. However, if in any one sale day the total fees collected for inspection do not exceed one hundred dollars, then the licensee shall pay one hundred dollars for the inspection services.
[ 2003 c 326 s 71; 1997 c 356 s 11; 1997 c 356 s 10; 1994 c 46 s 22; 1994 c 46 s 13; 1993 c 354 s 2; 1983 c 298 s 8; 1971 ex.s. c 192 s 3; 1959 c 107 s 9.]
Effective dates—2003 c 326: See RCW 16.57.902.
Effective dates—1997 c 356: See note following RCW 16.57.220.
Effective date—1994 c 46 ss 21-25: "Sections 21 through 25 of this act shall take effect July 1, 1997." [ 1994 c 46 s 29.]
Effective date—1994 c 46: See note following RCW 15.58.070.
Prior legislative approval—1994 c 46: See note following RCW 16.65.030.
The licensee of each public livestock market or special open consignment horse sale shall collect from any purchaser of livestock requesting inspection a fee as provided by law for each animal inspected. This fee shall be in addition to the fee charged to the consignor for inspection and shall not apply to the minimum fee chargeable to the licensee.
[ 2003 c 326 s 72; 1983 c 298 s 9; 1959 c 107 s 10. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
A licensee shall not, except as provided in this chapter, pay the net proceeds or any part thereof arising from the sale of livestock consigned to the said licensee for sale, to any person other than the consignor of such livestock except upon an order from a court of competent jurisdiction, unless (1) such licensee has reason to believe that such person is the owner of the livestock; (2) such person holds a valid unsatisfied mortgage or lien upon the particular livestock, or (3) such person holds a written order authorizing such payment executed by the owner at the time of or immediately following the consignment of such livestock.
[ 1959 c 107 s 12. ]
It shall be unlawful for the licensee to use for his or her own purposes consignor's net proceeds, or funds received by such licensee to purchase livestock on order, through recourse to the so-called "float" in the bank account, or in any other manner.
[ 2011 c 336 s 433; 1959 c 107 s 13. ]
Each licensee shall establish a custodial account for consignor's proceeds. All funds derived from the sale of livestock handled on a commission or agency basis shall be deposited in that account. The account shall be drawn on only for the payment of net proceeds to the consignor, or other person or persons of whom the licensee has knowledge is entitled to the proceeds, and to obtain from those proceeds only the sums due the licensee as compensation for the services as are set out in the posted tariffs, and for the sums as are necessary to pay all legal charges against the consignment of livestock which the licensee in the capacity as agent is required to pay for on behalf of the consignor or shipper. The licensee in each case shall keep those accounts and records that will at all times disclose the names of the consignors and the amount due and payable to each from the funds in the custodial account for consignor's proceeds. The licensee shall maintain the custodial account for consignor's proceeds in a manner that will expedite examination by the director and reflect compliance with the requirements of this section.
[ 2003 c 326 s 73; 1971 ex.s. c 192 s 4; 1959 c 107 s 14. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
The delivery of livestock, for the purpose of sale, by any consignor or vendor to a public livestock market or special open consignment horse sale without making a full disclosure to the agent or licensee of such public livestock market or special open consignment horse sale of any unsatisfied lien or mortgage upon such livestock shall constitute a gross misdemeanor.
[ 1983 c 298 s 10; 1959 c 107 s 15. ]
The licensee shall deliver the net proceeds together with an invoice to the consignor or shipper within twenty-four hours after the sale or by the end of the next business day if the licensee is not on notice that any other person or persons have a valid interest in the livestock.
[ 1959 c 107 s 16. ]
The licensee shall keep accurate records which shall be available for inspection to all parties directly interested therein, and the records shall contain the following information:
(1) The date on which each consignment of livestock was received and sold.
(2) The name and address of the buyer and seller of the livestock.
(3) The number and species of livestock received and sold.
(4) The marks, brands, and identification on the livestock.
(5) All statements of warranty or representations of title material to, or upon which, any sale is consummated.
(6) The gross selling price of the livestock with a detailed list of all charges deducted therefrom.
These records shall be kept by the licensee for one year subsequent to the receipt of such livestock.
[ 2019 c 92 s 12; 2003 c 326 s 74; 1967 c 192 s 1; 1959 c 107 s 17. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
All rates or charges made for any stockyard services furnished at a public livestock market or special open consignment horse sale shall be just, reasonable, and nondiscriminatory, and any unjust, unreasonable, or discriminatory rate or charge is prohibited and declared to be unlawful.
[ 1983 c 298 s 11; 1959 c 107 s 18. ]
No person shall operate a public livestock market or special open consignment horse sale unless that person has filed a schedule with the application for license to operate a public livestock market or special open consignment horse sale. The schedule shall show all rates and charges for stockyard services to be furnished at the public livestock market or special open consignment horse sale.
(1) Schedules shall be posted conspicuously at the public livestock market or special open consignment horse sale, and shall plainly state all rates and charges in such detail as the director may require, and shall state any rules which in any manner change, affect, or determine any part of the aggregate of the rates or charges, or the value of the stockyard services furnished. The director may determine and prescribe the form and manner in which the schedule shall be prepared, arranged, and posted.
(2) No changes shall be made in rates or charges so filed and published except after thirty days' notice to the director and to the public filed and posted as set forth under this section, which shall plainly state the changes proposed to be made and the time the changes will go into effect.
(3) No licensee shall charge, demand, or collect a greater or a lesser or a different compensation for a service than the rates and charges specified in the schedule filed with the director and in effect at the time; nor shall a licensee refund or remit in any manner any portion of the rates or charges so specified (but this shall not prohibit a cooperative association of producers from properly returning to its members, on a patronage basis, its excess earnings on their livestock); nor shall a licensee extend to any person at a public livestock market or special open consignment horse sale any stockyard services except as are specified in the schedule.
[ 2003 c 326 s 75; 1983 c 298 s 12; 1959 c 107 s 19. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
Before the license is issued to operate a public livestock market or special open consignment horse sale, the applicant shall execute and deliver to the director a surety bond in a sum as herein provided for, executed by the applicant as principal and by a surety company qualified and authorized to do business in this state as surety. The bond shall be a standard form and approved by the director as to terms and conditions. The bond shall be conditioned that the principal will not commit any fraudulent act and will comply with the provisions of this chapter and the rules adopted under this chapter. The bond shall be to the state in favor of every consignor and/or vendor creditor whose livestock was handled or sold through or at the licensee's public livestock market or special open consignment horse sale: PROVIDED, That if the applicant is bonded as a market agency under the provisions of the packers and stockyards act, (7 U.S.C. 181) as amended, on March 20, 1961, in a sum equal to or greater than the sum required under the provisions of this chapter, and the applicant furnishes the director with a bond approved by the United States secretary of agriculture, the director may accept the bond and its method of termination in lieu of the bond provided for herein and issue a license if the applicant meets all the other requirements of this chapter.
The total and aggregate liability of the surety for all claims upon the bond shall be limited to the face of the bond. Every bond filed with and approved by the director shall, without the necessity of periodic renewal, remain in force and effect until the license of the licensee is revoked for cause or otherwise canceled. The surety on a bond, as provided herein, shall be released and discharged from all liability to the state accruing on the bond upon compliance with the provisions of RCW 19.72.110 concerning notice and proof of service, but this shall not operate to relieve, release, or discharge the surety from any liability already accrued or which shall accrue (due and to become due hereunder) before the expiration period provided for in RCW 19.72.110 concerning notice and proof of service, and unless the principal shall before the expiration of this period, file a new bond, the director shall immediately cancel the principal's license.
[ 2003 c 326 s 76; 1983 c 298 s 13; 1971 ex.s. c 192 s 5; 1961 c 182 s 4. Prior: 1959 c 107 s 20. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
The sum of the bond to be executed by an applicant for a public livestock market license shall be determined in the following manner:
(1) Determine the dollar volume of business carried on, at, or through, such applicant's public livestock market in the twelve-month period prior to such applicant's application for a license.
(2) Divide such dollar volume of business by the number of official sale days granted such applicant's public livestock market, as herein provided, in the same twelve-month period provided for in subsection (1).
(3) Bond amount shall be that amount obtained by the formula in subsection (2) except that it shall not be an amount less than ten thousand dollars and if that amount shall exceed fifty thousand then that portion above fifty thousand shall be at the rate of ten percent of that value, except that the amount of the bond shall be to the nearest five thousand figure above that arrived at in the formula.
[ 1971 ex.s. c 192 s 6; 1959 c 107 s 21. ]
If the application for a license to operate a public livestock market is from a new public livestock market which has not operated in the past twelve-month period, the director shall determine a bond, in a reasonable sum, that the applicant shall execute in favor of the state, which shall not be less than ten thousand dollars nor greater than twenty-five thousand dollars: PROVIDED, That the director may at any time, upon written notice, review the licensee's operations and determine whether, because of increased or decreased sales, the amount of the bond should be altered.
[ 1971 ex.s. c 192 s 7; 1959 c 107 s 22. ]
Any licensee operating more than one public livestock market shall execute a bond, as herein provided, for each such licensed public livestock market.
[ 1959 c 107 s 23. ]
The sum of the bond to be executed by an applicant for a special open consignment horse sale license shall be determined by estimating the dollar volume of business to be carried on, at, or through the applicant's proposed special open consignment horse sale. The bond amount shall be that amount estimated as the applicant's dollar volume of business. However, the bond shall not be in an amount less than ten thousand dollars. If the amount exceeds fifty thousand dollars, then that portion above fifty thousand dollars shall be at the rate of ten percent of that value, except that the amount of the bond shall be to the nearest greater five thousand dollar figure.
[ 1983 c 298 s 4. ]
In lieu of the surety bond required under the provisions of this chapter, an applicant or licensee may file with the director a deposit consisting of cash or other security acceptable to the director. The director may adopt rules necessary for the administration of such security.
[ 2003 c 326 s 77; 1973 c 142 s 3. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
Any vendor or consignor creditor claiming to be injured by the fraud of any licensee may bring action upon said bond against both principal and surety in any court of competent jurisdiction to recover the damages caused by such fraud.
[ 1959 c 107 s 24. ]
The director or any vendor or consignor creditor may also bring action upon said bond against both principal and surety in any court of competent jurisdiction to recover the damages caused by any failure to comply with the provisions of this chapter and the rules and/or regulations adopted hereunder.
[ 1959 c 107 s 25. ]
In case of failure by a licensee to pay amounts due a vendor or consignor creditor whose livestock was handled or sold through or at the licensee's public livestock market or special open consignment horse sale, as evidenced by a verified complaint filed with the director, the director may proceed immediately to ascertain the names and addresses of all vendor or consignor creditors of the licensee, together with the amounts due and owing to them and each of them by the licensee, and shall request all vendor and consignor creditors to file a verified statement of their respective claims with the director. This request shall be addressed to each known vendor or consignor creditor at his or her last known address.
[ 2003 c 326 s 78; 1983 c 298 s 14; 1959 c 107 s 26. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
If a vendor or consignor creditor so addressed fails, refuses or neglects to file in the office of the director his or her verified claim as requested by the director within sixty days from the date of such request, the director shall be relieved of further duty or action on behalf of the producer or consignor creditor.
[ 2003 c 326 s 79; 1959 c 107 s 27. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
Where by reason of the absence of records, or other circumstances making it impossible or unreasonable for the director to ascertain the names and addresses of all vendor and consignor creditors, the director, after exerting due diligence and making reasonable inquiry to secure the information from all reasonable and available sources, may make demand on the bond on the basis of information then in his or her possession, and thereafter shall not be liable or responsible for claims or the handling of claims which may subsequently appear or be discovered.
[ 2003 c 326 s 80; 1959 c 107 s 28. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
Upon ascertaining all claims and statements in the manner herein set forth, the director may then make demand upon the bond on behalf of those claimants whose statements have been filed, and shall have the power to settle or compromise said claims with the surety company on the bond, and is empowered in such cases to execute and deliver a release and discharge of the bond involved.
[ 1959 c 107 s 29. ]
Upon the refusal of the surety company to pay the demand, the director may bring an action on the bond in behalf of vendor and consignor creditors. Upon any action being commenced on the bond, the director may require the filing of a new bond. Immediately upon the recovery in any action on the bond the licensee shall file a new bond. Upon failure to file the new bond within ten days, such a failure shall constitute grounds for the suspension or revocation of the license.
[ 2003 c 326 s 81; 1959 c 107 s 30. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
In any settlement or compromise by the director with a surety company as provided in RCW 16.65.290, where there are two or more consignor and/or vendor creditors that have filed claims, either fixed or contingent, against a licensee's bond, such creditors shall share pro rata in the proceeds of the bond to the extent of their actual damage: PROVIDED, That the claims of the state and the department which may accrue from the conduct of the licensee's public livestock market shall have priority over all other claims.
[ 1959 c 107 s 31. ]
For the purpose of enforcing the provisions of this chapter, the director on the director's own motion or upon the verified complaint of any vendor or consignor against any licensee, or agent, or any person assuming or attempting to act as such, shall have full authority to make any and all necessary investigations. The director is empowered to administer oaths of verification of such complaints.
[ 1985 c 415 s 10; 1959 c 107 s 32. ]
For the purpose of making investigations as provided for in RCW 16.65.320, the director may enter a public livestock market and examine any records required under the provisions of this chapter. The director shall have full authority to issue subpoenas requiring the attendance of witnesses before him or her, together with all books, memorandums, papers, and other documents relative to the matters under investigation, and to administer oaths and take testimony thereunder.
[ 2011 c 336 s 434; 1959 c 107 s 33. ]
The director shall, when livestock is sold, traded, exchanged, or handled at or through a public livestock market, require such testing, treating, identifying, examining and recordkeeping of such livestock by a Washington state licensed and accredited veterinarian employed by the market as in the director's judgment may be necessary to prevent the spread of brucellosis, tuberculosis, paratuberculosis, pseudorabies, or any other infectious, contagious, or communicable disease among the livestock of this state. The state veterinarian or his or her authorized representative may conduct additional testing and examinations for the same purpose.
[ 2003 c 326 s 82; 1967 c 192 s 2; 1959 c 107 s 34. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
The director shall adopt rules regarding sanitary practices, health practices and standards, and the examination of animals at public livestock markets.
[ 2003 c 326 s 83; 1959 c 107 s 35. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
Licensees shall provide facilities and sanitation for the prevention of livestock diseases at their public livestock markets, as follows:
(1) The floors of all pens and alleys that are part of a public livestock market shall be constructed of concrete or similar impervious material and kept in good repair, with a slope of not less than one-fourth inch per foot to adequate drains leading to an approved sewage system: PROVIDED, That the director may designate certain pens within such public livestock markets as feeding and holding pens and the floors and alleys of such pens shall not be subject to the aforementioned surfacing requirements.
(2) Feeding and holding pens maintained in an area adjacent to a public livestock market shall be constructed and separated from such public livestock market, in a manner prescribed by the director, in order to prevent the spread of communicable diseases to the livestock sold or held for sale in such public livestock market.
(3) All yards, chutes and pens used in handling livestock shall be constructed of such materials which will render them easily cleaned and disinfected, and such yards, pens and chutes shall be kept clean, sanitary and in good repair at all times, as required by the director.
(4) Sufficient calf pens of adequate size to prevent overcrowding shall be provided, and such pens, when used, shall be cleaned and disinfected no later than the day subsequent to each sale.
(5) All swine pens, when used, shall be cleaned and disinfected no later than the day subsequent to each sale.
(6) A water system carrying a pressure of forty pounds and supplying sufficient water to thoroughly wash all pens, floors, alleys and equipment shall be provided.
(7) Sufficient quarantine pens of adequate capacity shall be provided. Such pens shall be used to hold only cattle reacting to brucellosis and tuberculosis or to quarantine livestock with other contagious or communicable diseases and shall be:
(a) hard surfaced with concrete or similar impervious material and shall be kept in good repair;
(b) provided with separate watering facilities;
(c) painted white with the word "quarantine" painted in red letters not less than four inches high on such quarantine pen's gate;
(d) provided with a tight board fence not less than five and one-half feet high;
(e) cleaned and disinfected not later than one day subsequent to the date of sale.
To prevent the spread of communicable diseases among livestock, the director shall have the authority to cause the cleaning and disinfecting of any area or all areas of a public livestock market and equipment or vehicles with a complete coverage of disinfectants approved by the director.
[ 1959 c 107 s 36. ]
Pens used to hold livestock for a period of twenty-four hours or more in a public livestock market shall have watering and feeding facilities for livestock held in such pens. It shall be unlawful for a public livestock market to hold livestock for a period longer than twenty-four hours without feeding and watering such livestock. An operator of a public livestock market may also refuse to accept the consignment of any livestock that the licensee may believe to have been inadequately fed or otherwise inadequately cared for prior to the delivery of the livestock in question to the public livestock market.
[ 1991 c 17 s 2; 1959 c 107 s 37. ]
Public livestock market facilities shall include adequate space and facilities necessary for market, federal, or state veterinarians to properly carry out their functions as prescribed by law and rules adopted under law or as prescribed by applicable federal law or regulation.
[ 2003 c 326 s 84; 1959 c 107 s 38. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
Public livestock market facilities shall include space and facilities necessary for livestock inspectors and veterinarians to properly carry out their duties, as provided by law and rules adopted under law, in a safe and expeditious manner.
[ 2003 c 326 s 85; 1959 c 107 s 39. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
(1) Each public livestock market licensee shall maintain and operate approved weighing facilities for the weighing of livestock at such licensee's public livestock market.
(2) All dial scales used by the licensee shall be of adequate size to be readily visible to all interested parties and shall be equipped with a mechanical weight recorder.
(3) All beam scales used by the licensee shall be equipped with a balance indicator, a weigh beam and a mechanical weight recorder, all readily visible to all interested parties.
(4) All scales used by the licensee shall be checked for balance at short intervals during the process of selling and immediately prior to the beginning of each sale day.
(5) The scale ticket shall have the weights mechanically imprinted upon the tickets when the weigh beam is in balance during the process of weighing, and shall be issued in triplicate, for all livestock weighed at a public livestock market. A copy of the weight tickets shall be issued to the buyer and seller of the livestock weighed.
[ 2003 c 326 s 86; 1983 c 298 s 15; 1961 c 182 s 5; 1959 c 107 s 40. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
It shall be unlawful for a packer to own or control more than a twenty percent interest in any public livestock market, directly or indirectly through stock ownership or control, or otherwise by himself or herself or through his or her agents or employees.
[ 2011 c 336 s 435; 1959 c 107 s 41. ]
(1) Any application for a change of sales day or days or additional sales day or days for an existing salesyard shall be subject to approval by the director, subsequent to a hearing and the director is hereby authorized to approve these days and class of livestock which may be sold on these days. In considering the approval or denial of these sales days, the director shall give appropriate consideration, among other relevant factors, to the following:
(a) The geographical area which will be affected;
(b) The conflict, if any, with sales days already allocated in the area;
(c) The amount and class of livestock available for marketing in the area;
(d) Buyers available to such market;
(e) Any other conditions affecting the orderly marketing of livestock.
(2) No special sales shall be conducted by the licensee unless the licensee has applied to the director in writing fifteen days prior to such proposed sale. Each application must be accompanied by a nonrefundable fee of fifty dollars.
(3) In any case that a licensee fails to conduct sales on the sales days allocated to the licensee, the director shall, subsequent to a hearing, be authorized to revoke an allocation for nonuse. The rate of usage required to maintain an allocation shall be established by rule.
[ 2003 c 326 s 87; 1991 c 17 s 3; 1963 c 232 s 16; 1961 c 182 s 6. Prior: 1959 c 107 s 42. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
The director has the authority to grant a licensee an additional sales day, or days, limited to the sale of horses and/or mules and may if requested grant the licensee, by permit, the authority to have the sale at premises other than at his or her public livestock market if the facilities are approved by the director as being adequate for the protection of the health and safety of the horses and/or mules. For the purpose of such limited sale the facility requirements of RCW 16.65.360 shall not be applicable.
[ 2003 c 326 s 88; 1963 c 232 s 19. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
Information and records of the licensee that are necessary for the compilation of adequate reports on the marketing of livestock shall be made available to the director or any news service, publishing or broadcasting such market reports.
[ 1959 c 107 s 43. ]
(1) Except as provided in subsection (2) of this section, any person who violates any provisions or requirements of this chapter or rules adopted by the director pursuant to this chapter is guilty of a misdemeanor.
(2) A second or subsequent violation is a gross misdemeanor.
[ 2012 c 25 s 3. Prior: 2003 c 326 s 89; 2003 c 53 s 116; 1959 c 107 s 44. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
The director shall hold public hearings upon any proposal to adopt any new or amended rules and all hearings for the denial, revocation, or suspension of a license issued under this chapter or in any other adjudicative proceeding, and shall comply in all respects with chapter 34.05 RCW, the Administrative Procedure Act.
[ 2003 c 326 s 90; 1989 c 175 s 55; 1961 c 182 s 7. ]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
Effective date—1989 c 175: See note following RCW 34.05.010.
Any licensee or applicant who feels aggrieved by an order of the director may appeal to the superior court of the county in the state of Washington of the residence of the licensee or applicant where the trial on such appeal shall be held de novo.
[ 1991 c 17 s 4; 1959 c 107 s 46. ]
This chapter shall be known and may be cited as the Washington state beef commission act.
[ 1969 c 133 s 1. ]
For the purpose of this chapter:
(1) "Commission" means the Washington state beef commission.
(2) "Director" means the director of agriculture of the state of Washington or an appointed representative.
(3) "Ex officio members" means those advisory members of the commission who do not have a vote.
(4) "Department" means the department of agriculture of the state of Washington.
(5) "Person" includes any individual, firm, corporation, trust, association, partnership, society, or any other organization of individuals.
(6) "Beef producer" means any person who raises, breeds, grows, or purchases cattle or calves for beef production.
(7) "Dairy (beef) producer" means any person who raises, breeds, grows, or purchases cattle for dairy production and who is actively engaged in the production of fluid milk.
(8) "Feeder" means any person actively engaged in the business of feeding cattle and usually operating a feed lot.
(9) "Producer" means any person actively engaged in the cattle industry including beef producers and dairy (beef) producers.
(10) "Washington cattle" shall mean all cattle owned or controlled by affected producers and located or sold in the state of Washington.
(11) "Meat packer" means any person operating a slaughtering establishment subject to inspection under a federal meat inspection act.
(12) "Livestock salesyard operator" means any person licensed to operate a cattle auction market or salesyard under the provisions of chapter 16.65 RCW as enacted or hereafter amended.
(13) "Mail" or "send" for purposes of any notice relating to rule making means regular mail or electronic distribution, as provided in RCW 34.05.260 for rule making. "Electronic distribution" or "electronically" means distribution by electronic mail or facsimile mail.
[ 2002 c 313 s 80; 1999 c 291 s 30; 1969 c 133 s 2. ]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
The legislature declares:
(1) That the history, economy, culture, and the future of Washington state's agriculture involves the beef industry. It is vital to the economy and to citizens' health that the beef industry continue to progress and thrive. The Washington state beef commission is part of an existing comprehensive system to regulate and promote beef and beef products;
(2) That the focus of the beef commission shall include the following responsibilities:
(a) The beef industry is to be promoted in a manner that showcases the varied aspects and segments of the industry;
(b) Research, education, and programs related to health and safety of beef are to be advanced in cooperation with the Washington state department of agriculture, Washington State University, other institutions of higher learning as appropriate, and other governmental or nongovernmental organizations doing research on trade or health issues;
(c) Support is to be provided to the beef industry in establishing orderly, fair, sound, efficient, and unhampered marketing, grading, and standardizing of beef and beef products; and
(d) Maintain efforts to increase consumption of beef and beef products within the state, the nation, and internationally;
(3) That beef producers operate within a regulatory environment that imposes burdens on them for the benefit of society and the citizens of the state and includes restrictions on marketing autonomy. Those restrictions may impair the beef producer's ability to compete in local, domestic, and foreign markets;
(4) That it is in the overriding public interest that support for the beef industry be clearly expressed, that adequate protection be given to agricultural commodities, uses, activities, and operations, and that beef and beef products be promoted individually, and as part of a comprehensive industry to:
(a) Enhance the reputation and image of Washington state's agriculture industry;
(b) Increase the sale and use of beef products in local, domestic, and foreign markets;
(c) Protect the public by educating the public in reference to sustainable stewardship of cattle and the environment, quality, care, and methods used in the production of beef and beef products, and in reference to the various cuts and grades of beef and the uses to which each should be put;
(d) Increase the knowledge of the health-giving qualities and dietetic value of beef products; and
(e) Support and engage in programs or activities that benefit the care and well-being of the cattle, and the production, handling, processing, marketing, and uses of beef and beef products;
(5) That this chapter is enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state; and
(6) That the beef industry is a highly regulated industry and that this chapter and the rules adopted under it are only one aspect of the regulated industry. Other regulations and restraints applicable to the beef industry include the:
(a) Beef promotion and research act of 1985, U.S.C. Title 7, chapter 62;
(b) Beef promotion and research, 7 C.F.R., Part 1260;
(c) Agricultural marketing act, 7 U.S.C., section 1621;
(d) USDA [United States department of agriculture] meat grading, certification, and standards, 7 C.F.R., Part 54;
(e) Mandatory price reporting, 7 C.F.R., Part 57;
(f) Grazing permits, 43 C.F.R., Part 2920;
(g) Capper-Volstead act, U.S.C. Title 7, chapters [sections] 291 and 292;
(h) Livestock identification under chapter 16.57 RCW and rules;
(i) Organic products act under chapter 15.86 RCW and rules;
(j) The food safety and security act under chapter 15.130 RCW;
(k) Washington food processing act under chapter 69.07 RCW and rules;
(l) Washington food storage warehouses act under chapter 69.10 RCW and rules;
(m) Animal health under chapter 16.36 RCW and rules; and
(n) Weights and measures under chapter 19.94 RCW and rules.
[ 2018 c 236 s 711; 2017 c 256 s 1; 2011 c 103 s 34; 2002 c 313 s 79. ]
NOTES:
Purpose—2011 c 103: See note following RCW 15.26.120.
Effective dates—2002 c 313: See note following RCW 15.65.020.
There is hereby created a Washington state beef commission to be thus known and designated. The commission shall be composed of two beef producers, two dairy (beef) producers, two feeders, one livestock salesyard operator, one meat packer, and the director, who shall be a voting member. If an otherwise voting member is elected as the chair of the commission, the member may, during the member's term as chair of the commission, cast a vote as a member of the commission only to break a tie vote. If the commission so chooses, there may be one additional nonvoting member in an advisory capacity appointed by the members of the commission for such a term as the members may set.
A majority of voting members shall constitute a quorum for the transaction of any business.
All appointed members as stated in RCW 16.67.060 shall be citizens and residents of this state, over the age of twenty-five years, each of whom is and has been actually engaged in that phase of the cattle industry he or she represents for a period of five years, and has during that period derived a substantial portion of his or her income therefrom, or have a substantial investment in cattle as an owner, lessee, partner, or a stockholder owning at least ten percent of the voting stock in a corporation engaged in the production of cattle or dressed beef, or a manager or executive officer of such corporation. Producer members of the commission shall not be directly engaged in the business of being a meat packer, or as a feeder, feeding cattle other than their own. Said qualifications must continue throughout each member's term of office.
[ 2003 c 396 s 33; 2000 c 146 s 1; 1997 c 363 s 1; 1993 c 40 s 1; 1991 c 9 s 1; 1969 c 133 s 3. ]
NOTES:
Effective date—2003 c 396: See note following RCW 15.66.030.
Effective date—1993 c 40: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 1, 1993." [ 1993 c 40 s 5.]
Commencing on July 1, 1993, the appointive positions on the commission shall be designated as follows: The beef producers shall be designated position one and position six; the dairy (beef) producers shall be designated position two and position seven; the feeders shall be designated position three and position eight; the livestock salesyard operator shall be designated position four; and the meat packer shall be designated position five.
The initial terms of positions one and four shall terminate July 1, 1994; positions two and five shall terminate July 1, 1995; and position three shall terminate July 1, 1996. The initial terms of position six shall terminate July 1, 1998; position seven shall terminate July 1, 1999; and position eight shall terminate July 1, 2000. The regular term of office of subsequent appointees shall be three years from the date of appointment and until their successors are appointed.
[ 1997 c 363 s 2; 1993 c 40 s 3. ]
NOTES:
Effective date—1993 c 40: See note following RCW 16.67.040.
The director shall appoint the members of the commission. In making such appointments, the director shall take into consideration recommendations made to him or her by organizations who represent or who are engaged in the same type of production or business as the person recommended for appointment as a member of the commission.
Commencing on June 1, 1993, and by June 1 of each subsequent year, organizations under this section shall make a recommendation as required, to the director of a person to serve on the commission.
[ 1993 c 40 s 4; 1991 c 9 s 3; 1969 c 133 s 5. ]
NOTES:
Effective date—1993 c 40: See note following RCW 16.67.040.
(1) In the event a position on the commission becomes vacant due to resignation, disqualification, death, or for any other reason, the unexpired term of such position shall be filled by the director forthwith.
(2) Each member of the commission shall be compensated in accordance with RCW 43.03.230.
(3) Each member or employee shall be reimbursed for actual travel expenses incurred in carrying out the provisions of this chapter as defined by the commission in rule. Otherwise if not defined in rule, reimbursement for travel expenses shall be at the rates allowed by RCW 43.03.050 and 43.03.060.
[ 2002 c 313 s 81; 1991 c 9 s 4; 1984 c 287 s 19; 1975-'76 2nd ex.s. c 34 s 22; 1969 c 133 s 6. ]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Copies of the proceedings, records, and acts of the commission, when certified by the secretary of the commission and authenticated by the commission seal, shall be admissible in any court as prima facie evidence of the truth of the statements contained therein.
[ 1969 c 133 s 7. ]
The powers and duties of the commission shall include the following:
(1) To administer and enforce the provisions of this chapter, and do all things reasonably necessary to effectuate the purposes of this chapter;
(2) To elect a chair and such other officers as it deems advisable;
(3) To employ and discharge at its discretion a manager, secretary, and such other personnel, including attorneys engaged in the private practice of law subject to the review of the attorney general, as the commission determines are necessary and proper to carry out the purposes of this chapter, and to prescribe their duties and powers and fix their compensation;
(4) To adopt, rescind, and amend rules, regulations, and orders for the exercise of its powers hereunder subject to the provisions of chapter 34.05 RCW, except that rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310, the provisions of chapter 19.85 RCW, the regulatory fairness act, and the provisions of RCW 43.135.055 when adoption of the rule is determined by a referendum vote of the affected parties;
(5) To establish by resolution, a headquarters which shall continue as such unless and until so changed by the commission. All records, books, and minutes of the commission shall be kept at such headquarters;
(6) To require a bond of all commission members and employees of the commission in a position of trust in the amount the commission shall deem necessary. The premium for such bond or bonds shall be paid by the commission from assessments collected. Such bond shall not be necessary if any such commission member or employee is covered by any blanket bond covering officials or employees of the state of Washington;
(7) To establish a beef commission revolving fund, such fund to be deposited in a bank or banks or financial institution or institutions, approved for the deposit of state funds, in which all money received by the commission, except an amount of petty cash for each day's needs not to exceed one hundred dollars, shall be deposited each day or as often during the day as advisable; none of the provisions of RCW 43.01.050 as now or hereafter amended shall apply to money collected under this chapter;
(8) To prepare a detailed and explanatory budget or budgets covering anticipated income and expenses to be incurred in carrying out the provisions of this chapter during each fiscal year;
(9) To incur expense and enter into contracts and to create such liabilities as may be reasonable for the proper administration and enforcement of this chapter;
(10) To borrow money, not in excess of its estimate of its revenue from the current year's contributions;
(11) To keep or cause to be kept in accordance with accepted standards of good accounting practice, accurate records of all assessments, expenditures, moneys, and other financial transactions made and done pursuant to this chapter. Such records, books, and accounts shall be audited at least every five years subject to procedures and methods lawfully prescribed by the state auditor. Such books and accounts shall be closed as of the last day of each fiscal year. A copy of such audit shall be delivered within thirty days after completion thereof to the director, the state auditor, and the commission. On such years and in such event the state auditor is unable to audit the records, books, and accounts within six months following the close of the audit period it shall be mandatory that the commission employ a private auditor to make such audit;
(12) To sue and be sued as a commission, without individual liability for acts of the commission within the scope of the powers conferred upon it by this chapter;
(13) To cooperate with any other local, state, or national commission, organization, or agency, whether voluntary or established by state or federal law, including recognized livestock groups, engaged in work or activities similar to the work and activities of the commission created by this chapter and make contracts and agreements with such organizations or agencies for carrying on joint programs beneficial to the beef industry and sustainable stewardship of cattle;
(14) To accept grants, donations, contributions, or gifts from any governmental agency or private source for expenditures for any purpose consistent with the provisions of this chapter; and
(15) To operate jointly with beef commissions or similar agencies established by state laws in adjoining states.
[ 2017 c 256 s 2; 2011 c 336 s 436; 2002 c 313 s 82; 2000 c 146 s 2; 1982 c 81 s 3; 1969 c 133 s 8. ]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
(1) The commission shall develop and submit to the director for approval any plans, programs, and projects concerning the following:
(a) The establishment, issuance, effectuation, and administration of appropriate programs or projects for the advertising and promotion of its affected commodities;
(b) The establishment, effectuation, and administration of research, education, and programs related to health and safety of cattle, beef, and beef products; and
(c) The establishment and effectuation of market research projects, market development projects, or industry specific educational projects to the end that the marketing and utilization of its affected commodities may be encouraged, expanded, improved, or made more efficient.
(2) The director shall review the commission's advertising or promotion program to ensure that no false claims are being made concerning its affected commodities.
(3) The commission, prior to the beginning of its fiscal year, shall prepare and submit to the director for approval its research plan, its commodity-related education and training plan, and its budget on a fiscal period basis.
(4) The director shall review and make a determination of all submissions described in this section in a timely manner.
[ 2017 c 256 s 3; 2003 c 396 s 34. ]
NOTES:
Effective date—2003 c 396: See note following RCW 15.66.030.
The commission has the power to subpoena witnesses and to issue subpoenas for the production of any books, records, or documents of any kind for the purpose of enforcing this chapter.
[ 2002 c 313 s 85. ]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
The commission exists primarily for the benefit of the people of the state of Washington and its economy. The legislature hereby charges the commission, with oversight by the director, to speak on behalf of Washington state government with regard to its particular commodities.
[ 2003 c 396 s 35. ]
NOTES:
Effective date—2003 c 396: See note following RCW 15.66.030.
(1) The commission shall reimburse the director for necessary costs for services conducted on behalf of the commission under this chapter.
(2) The commission may enter into an agreement with the director to administer this chapter or chapter 34.05 RCW.
[ 2002 c 313 s 86. ]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
The commission shall hold regular meetings, at least quarterly, with the time and date thereof to be fixed by resolution of the commission.
The commission shall hold an annual meeting. The proposed budget shall be presented for discussion at the meeting. Notice of the annual meeting shall be given by the commission at least ten days prior to the meeting by public notice of such meeting published in newspapers of general circulation in the state of Washington, by radio and press releases and through trade publications.
The commission shall establish by resolution, the time, place and manner of calling special meetings of the commission with reasonable notice to the members: PROVIDED, That, the notice of any special meeting may be waived by a waiver thereof by each member of the commission.
[ 2000 c 146 s 3; 1969 c 133 s 9. ]
The commission shall provide for programs designed to support sustainable stewardship of cattle and the environment; increase the consumption of beef; develop more efficient methods for the production, processing, handling and marketing of beef; eliminate transportation rate inequalities on feed grains and supplements and other production supplies adversely affecting Washington producers; properly identify beef and beef products for consumers as to quality and origin. For these purposes the commission may:
(1) Provide for programs for advertising, sales promotion and education, locally, nationally or internationally, for maintaining present markets and/or creating new or larger markets for beef. Such programs shall be directed toward increasing the sale of beef and shall neither make use of false or unwarranted claims in behalf of beef nor disparage the quality, value, sale or use of any other agricultural commodity;
(2) Provide for research: (a) To develop and discover the health, food, therapeutic, and dietetic value of beef and beef products; and (b) to develop materials, education, and programs related to health and safety of beef and beef products and the sustainable stewardship of cattle and the environment;
(3) Make grants to research agencies for financing studies related to beef health, beef production, processing, handling, and marketing, which may include funds for the acquisition of equipment and facilities;
(4) Disseminate reliable information founded upon the research undertaken under this chapter or otherwise available;
(5) Provide for rate studies and participate in rate hearings connected with problems of beef production, processing, handling or marketing; and
(6) Provide for proper labeling of beef and beef products so that the purchaser and the consuming public of the state will be readily apprised of the quality of the product and how and where it was processed.
[ 2017 c 256 s 4; 2000 c 146 s 4; 1969 c 133 s 10. ]
(1) There is hereby levied an assessment of up to $2.50 per head to be implemented as prescribed in subsection (2) of this section on all Washington cattle sold in this state or elsewhere to be paid by the seller at the time of sale: PROVIDED, That if such sale is accompanied by a brand inspection by the department such an assessment may be collected at the same time, place and in the same manner as brand inspection fees. Such fees may be collected by the livestock identification program of the department and transmitted to the commission: PROVIDED FURTHER, That, if such sale is made without a brand inspection by the department the assessment shall be paid by the seller and transmitted directly to the commission by the 15th day of the month following the month the transaction occurred.
(2)(a) Beginning July 1, 2024, the assessment must be $1.50 per head. $0.50 of the $1.50 assessment levied under this subsection may not be collected at the first point of sale of any calf identified with a green tag as identified in RCW 16.57.160.
(b) Beginning January 1, 2025, the assessment must be $2.00 per head. $1.00 of the $2.00 assessment levied under this subsection may not be collected at the first point of sale of any calf identified with a green tag as identified in RCW 16.57.160.
(c) Beginning January 1, 2026, the assessment must be $2.50 per head. $1.50 of the $2.50 assessment levied under this subsection may not be collected at the first point of sale of any calf identified with a green tag as identified in RCW 16.57.160.
(3) The procedures for collecting all state and federal assessments under this chapter shall be as required by the federal order and as described by rules adopted by the commission.
(4) The commission shall hold meetings in different geographic regions of the state throughout the year, with at least two meetings held east of the crest of the Cascade mountains. Geographic regions must include the northeast, southeast, central southwest, and northwest regions of the state.
[ 2024 c 155 s 1; 2002 c 313 s 83; 2000 c 146 s 5; 1987 c 393 s 11; 1986 c 190 s 2; 1982 c 47 s 1; 1975 1st ex.s. c 93 s 1; 1969 c 133 s 11. ]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
In addition to the assessment authorized pursuant to RCW 16.67.120, the commission has the authority to collect an additional assessment of fifty cents per head for cattle subject to assessment by federal order for the purpose of providing funds for a national beef promotion and research program. The manner in which this assessment will be levied and collected shall be established by rule. The authority to collect this assessment shall be contingent upon the implementation of federal legislation providing for a national beef promotion and research program and the establishment of the assessment requirement to fund its activities.
[ 2002 c 313 s 84; 2000 c 146 s 6; 1986 c 190 s 1. ]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
The transfer of cattle owned by a meat packer from a feed lot to a slaughterhouse for slaughter shall be deemed a sale of such cattle for the purpose of chapter 16.67 RCW. Such packer shall pay directly to the beef commission the same assessment as required of all other cattle owners selling cattle.
[ 1971 c 64 s 1. ]
Any due and payable assessment levied under the provisions of this chapter shall constitute a personal debt of every person so assessed or who otherwise owes the same and shall be due and payable on the fifteenth day of the month following the month the transaction occurred. In the event any such person fails to pay the full amount within such time, the commission shall add to such unpaid assessment an amount of ten percent of the unpaid assessment to defray the cost of collecting the same. In the event of failure of such person to pay such due and payable assessment, the commission may bring civil action against such person in a state court of competent jurisdiction for the collection thereof, together with the above specified ten percent thereon and any other additional necessary reasonable costs including attorneys' fees. Such action shall be tried and judgment rendered as in any other cause of action for debt due and payable.
[ 2000 c 146 s 7; 1969 c 133 s 12. ]
The commission may adopt regulations requiring the purchasers of livestock subject to the assessments under this chapter, to furnish the commission with the names of persons from whom such livestock was purchased. Refusal or failure to furnish the commission with such a list shall constitute a misdemeanor.
[ 1969 c 133 s 13. ]
Obligations incurred by the commission and liabilities or claims against the commission shall be enforced only against the assets of the commission in the same manner as if it were a corporation and no liability for the debts or actions of the commission shall exist against either the state of Washington or any subdivision or instrumentality thereof or against any member officer, employee, or agent of the commission in his or her individual capacity. The members of the commission including employees of the commission shall not be held responsible individually or any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employees, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of the commission. The liability of the members of the commission shall be several and not joint and no member shall be liable for the default of any other member.
[ 2011 c 336 s 437; 1969 c 133 s 15. ]
(1) Under RCW 42.56.380, certain agricultural business records, commission records, and department of agriculture records relating to the commission and producers of agricultural commodities are exempt from public disclosure.
(2) Financial and commercial information and records submitted to either the department or the commission for the purpose of administering this chapter may be shared between the department and the commission. They may also be used, if required, in any suit or administrative hearing involving any provision of this chapter or a marketing order.
(3) This chapter does not prohibit:
(a) The issuance of general statements based upon the reports of persons subject to this chapter as long as the statements do not identify the information furnished by any person; or
(b) The publication by the director or the commission of the name of any person violating this chapter and a statement of the manner of the violation by that person.
[ 2005 c 274 s 220; 2002 c 313 s 71. ]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
The director may provide by rule for a method to fund staff support for all commodity boards or commissions in accordance with RCW 43.23.033 if a position is not directly funded by the legislature and costs related to the specific activity undertaken on behalf of an individual commodity board or commission. The commission shall provide funds to the department according to the rules adopted by the director.
[ 2002 c 313 s 77. ]
NOTES:
Effective dates—2002 c 313: See note following RCW 15.65.020.
The costs incurred by the department associated with the implementation of RCW 16.67.091 shall be paid for by the commission.
[ 2003 c 396 s 36. ]
NOTES:
Effective date—2003 c 396: See note following RCW 15.66.030.
(1) The budget required in RCW 16.67.090(8) must set forth the complete and detailed financial program of the commission, showing the revenues and expenditures of the commission. The budget must be explanatory, describing how the funding is used to administer and implement the commission's programs and priorities, and include the reasons for salient changes from the previous fiscal period in expenditure or revenue items. The budget must explain any major changes to financial policy and contain an outline of the proposed financial policies of the commission for the ensuing fiscal period and describe performance indicators that demonstrate measurable progress toward the commission's priorities.
(2) The budget must be sufficiently detailed to provide transparency for the commission's actions on behalf of the industry.
(3) The commission must submit to the legislature, in compliance with RCW 43.01.036, a concise yet detailed report of the commission's activities and expenditures after the completion of each fiscal year. The report must include an accounting of assessments collected pursuant to RCW 16.67.120 for the previous fiscal year, including a record of the amount collected, the amount spent, and the purposes for which the funds were used.
[ 2024 c 155 s 4; 2017 c 256 s 5. ]
The commission may fund, conduct, or otherwise participate in scientific research related to beef including, without limitation, to improve production, quality, transportation, processing, distribution, and environmental stewardship.
[ 2024 c 155 s 2. ]
(1) Of the assessments levied in RCW 16.67.120, a producer or owner of cattle from whom an assessment is collected, except for assessments collected at the first point of sale of green tag calves not subject to the assessment increases provided in RCW 16.67.120(2), has the right to request a refund of not more than $1.00 per head beginning July 1, 2024, not more than $1.50 per head beginning January 1, 2025, and not more than $2.00 per head beginning January 1, 2026. Refund requests must be mailed to the commission within 90 calendar days of the assessment.
(2) The commission must process the requested refunds on a calendar quarterly basis. Any refund request that is received by the commission less than 15 days from the end of the calendar quarter must be paid at the end of the next quarter.
[ 2024 c 155 s 3. ]
This chapter shall be liberally construed.
[ 1969 c 133 s 20. ]
This chapter is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect June 1, 1969.
[ 1969 c 133 s 21. ]
For the purposes of this chapter, unless clearly indicated otherwise by the context:
(1) "Carcass" means all parts, including viscera, of a dead meat food animal;
(2) "Dead animal" means the body of a meat food animal, or any part or portion thereof: PROVIDED, That the following dead animals are exempt from the provisions of this chapter:
(a) Edible products from a licensed slaughtering establishment;
(b) Edible products where the meat food animal was slaughtered under farm slaughter permit;
(c) Edible products where the meat food animal was slaughtered by a bona fide farmer on his or her own ranch for his or her own consumption;
(d) Hides from meat food animals that are properly identified as to ownership and brands;
(3) "Director" means the director of agriculture;
(4) "Independent collector" means any person who does not own a licensed rendering plant within the state of Washington but is properly equipped and licensed to transport dead animals or packing house refuse to a specified rendering plant.
(5) "Meat food animal" means cattle, horses, mules, asses, swine, sheep, and goats;
(6) "Person" means any individual, firm, corporation, partnership, or association;
(7) "Place of transfer" means an authorized reloading site for the direct transfer of dead animals or packing house refuse from the vehicle making original pickup to the line vehicle that will transport the dead animals or packing house refuse to a specified licensed rendering plant;
(8) "Rendering plant" means any place of business or location where dead animals or any part or portion thereof, or packing house refuse, are processed for the purpose of obtaining the hide, skin, grease residue, or any other by-product whatsoever;
(9) "Substation" means a properly equipped and authorized concentration site for the temporary storage of dead animals or packing house refuse pending final delivery to a licensed rendering plant.
[ 2011 c 336 s 438; 1949 c 100 s 1; Rem. Supp. 1949 s 3142-1. ]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Severability—1949 c 100: "If any section or provision of this act shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the act as a whole, nor any section, sentence, phrase, or word thereof not adjudged invalid or unconstitutional." [ 1949 c 100 s 20.]
It is unlawful for any person to sell, offer for sale, or give away a dead animal or convey the same along any public road or land not his or her own: PROVIDED, That dead animals may be sold or given away to and legally transported on highways by a person having an unrevoked, annual license to operate a rendering plant or by a person having an unrevoked, annual license to operate as an independent collector.
[ 2011 c 336 s 439; 1949 c 100 s 3; Rem. Supp. 1949 s 3142-3. ]
It is unlawful for any person to operate a rendering plant or act as an independent collector without first obtaining a license from the director.
[ 1949 c 100 s 4; Rem. Supp. 1949 s 3142-4. ]
Any person engaged in operating a rendering plant shall secure from the director an annual rendering plant license and pay an annual fee of one hundred dollars: PROVIDED, That no license shall be required to operate a rendering plant on the premises of a licensed slaughtering establishment maintaining state or federal meat inspection unless said rendering plant receives dead animals that have been transported on public highways.
[ 1949 c 100 s 5; Rem. Supp. 1949 s 3142-5. ]
Any person engaged in the business of independent collector shall secure from the director an annual independent collector license and pay an annual fee of fifty dollars.
[ 1949 c 100 s 6; Rem. Supp. 1949 s 3142-6. ]
Any rendering plant operator or independent collector that operates substations or places of transfer shall secure from the director an annual substation license or place of transfer license and pay an annual fee of twenty-five dollars for each substation or place of transfer.
[ 1949 c 100 s 7; Rem. Supp. 1949 s 3142-7. ]
Any license or permit issued under this chapter shall expire on the thirtieth day of June next subsequent to the date of issue, and may be sooner revoked by the director or his or her authorized representative for violations of this chapter. Any licensee or permittee under this chapter shall have the right to demand a hearing before the director before a revocation is made permanent.
[ 2011 c 336 s 440; 1949 c 100 s 8; Rem. Supp. 1949 s 3142-8. ]
Any person applying for a license to operate a rendering plant and/or substation and/or place of transfer, or to act as an independent collector shall make application on forms furnished by the director. Said application shall give all information required by the director and shall be accompanied by the required license fee.
[ 1949 c 100 s 9; Rem. Supp. 1949 s 3142-9. ]
If the director finds that the locations, buildings, substations equipment, vehicles, places of transfer, or proposed method of operation do not fully comply with the requirements of this chapter, he or she shall notify the applicant by registered letter wherein the same fails to comply. If the applicant whose plant or operation failed to comply notifies the director within ten days from the receipt of the registered letter that he or she will discontinue operations, the fee accompanying the application will be returned to him or her; otherwise no part of the fee will be refunded. If the applicant whose plant failed to comply within a reasonable time, to be fixed by the director or his or her authorized representative, notifies the director that such defects are remedied, a second inspection shall be made. Not more than two inspections may be made on one application.
[ 2011 c 336 s 441; 1949 c 100 s 10; Rem. Supp. 1949 s 3142-10. ]
Every licensee under this chapter must comply with the following:
(1) All floors shall be constructed of concrete or other impervious material, shall be kept reasonably clean and in good repair. Floors shall slope at least one-fourth inch to the foot toward drains, and slope at least three-eighths inch to the foot as the drains are approached.
(2) Adequate sanitary drainage must be provided leading to approved grease traps and approved sewage disposal system. No point on the floor shall be over sixteen feet from a drain.
(3) Suitable disposal of paunch contents must be provided in accordance with sanitary regulations.
(4) Walls shall be of impervious material to a height not less than six feet from the floor with a tight union with the floor.
(5) Potable water supply shall be provided for human consumption, washing, and cleaning.
(6) Ample steam shall be provided for cleaning purposes.
(7) Approved toilet and dressing room facilities must be provided for employees.
(8) The building must be kept free from flies, rats, mice, and cockroaches.
(9) Premises must be kept neat and orderly and all buildings must be attractive in appearance.
(10) All rendering plants, substations, and places of transfer shall be so located, arranged, constructed, and maintained, and the operation so conducted at all times as to be consistent with public health and safety.
(11) Suitable facilities for the dipping, washing, and disinfecting of hides obtained from animals that died or were killed on account of an infectious or contagious disease, shall be provided.
(12) Two copies of building or remodeling plans shall be forwarded to the director for his or her approval before such building or remodeling is begun.
[ 2011 c 336 s 442; 1949 c 100 s 12; Rem. Supp. 1949 s 3142-12. ]
Every licensee under this chapter shall comply with the following:
(1) Dead animals shall be placed in containers or vehicles which are constructed of or lined with impervious material, and which do not permit the escape of any liquid, and which are covered in such a way that the contents shall not be openly exposed to insects.
(2) All vehicles and containers used for transporting dead animals shall be properly cleaned and disinfected before leaving the premises of a rendering plant, substation or place of transfer.
(3) After original loading, dead animals shall not be moved from the transporting container or vehicle upon a public highway or in any other place, except at a licensed rendering plant, licensed substation, or licensed place of transfer.
(4) No containers and vehicles used for transporting dead animals shall be used for the transporting of live animals except to a licensed rendering plant.
(5) All vehicles used to haul dead animals that have died of an infectious or contagious disease, shall proceed directly to the unloading point and shall not enter other premises until the vehicle has been properly cleaned and disinfected.
(6) The name of the rendering plant or independent collector shall be painted in letters at least four inches high on each side of every truck used for transporting dead animals.
(7) The skinning and dismembering of dead animals shall be done in the building where they are processed.
(8) Cooking vats or tanks shall be airtight except for proper escape for steam or vapor.
(9) Steam or vapor from cooking vats or tanks shall be so disposed of as not to be detrimental to public health or safety.
(10) Dead animals shall be processed within forty-eight hours after delivery to the rendering plant.
(11) No carcasses, parts thereof, or packing house refuse under process for marketing shall be permitted to come in contact with any part of the building or the equipment used in connection with the unloading, skinning, dismembering and grinding of carcasses or refuse as originally received at disposal plant.
[ 1949 c 100 s 13; Rem. Supp. 1949 s 3142-13. ]
The director or his or her authorized agent, shall have free and uninterrupted access to all parts of premises that come under the provisions of this chapter, for the purpose of making inspections and the examination of records.
[ 2011 c 336 s 443; 1949 c 100 s 14; Rem. Supp. 1949 s 3142-14. ]
It shall be unlawful for any person to transport, to sell, offer to sell, or have on his or her premises horse meat for other than human consumption unless said horse meat is decharacterized in a manner prescribed by the director: PROVIDED, That this provision shall not apply to carcasses slaughtered by a farmer for consumption on his or her own ranch or to carcasses in the possession of a person licensed under this chapter, or to canned horse meat meeting United States bureau of animal industry regulations.
[ 2011 c 336 s 444; 1949 c 100 s 15; Rem. Supp. 1949 s 3142-18. ]
It shall be unlawful to feed carcasses of animals, or any part or portion thereof, to swine, unless said carcasses or portions thereof are cooked in a manner prescribed by the director.
[ 1949 c 100 s 16; Rem. Supp. 1949 s 3142-20. ]
NOTES:
Swine, garbage feeding: RCW 16.36.105 and 16.36.110.
Funds collected for license fees and inspection fees shall be retained by the director to be used for the enforcement of this chapter.
[ 1949 c 100 s 11; Rem. Supp. 1949 s 3142-11. ]
The director is authorized and shall make and enforce such regulations as may be necessary to effectuate the provisions of this chapter. Such regulations shall be consistent with the provisions of this chapter.
[ 1949 c 100 s 17; Rem. Supp. 1949 s 3142-21. ]
The violation of any provision of this chapter shall be a misdemeanor.
[ 1949 c 100 s 18; Rem. Supp. 1949 s 3142-22. ]
Nothing in this chapter shall prohibit the department of fish and wildlife from using the carcasses of dead animals for trap bait in their regular trapping operations.
[ 1994 c 264 s 6; 1988 c 36 s 7; 1949 c 100 s 18A; Rem. Supp. 1949 s 3142-23. ]
The incidence of disease communicated to human beings by contact with pet animals has shown an increase in the past few years. The danger to human beings from such pets infected with disease communicable to humans has demonstrated the necessity for legislation to authorize the secretary of the department of health and the state board of health to take such action as is necessary to control the sale, importation, movement, transfer, or possession of such animals where it becomes necessary in order to protect the public health and welfare.
[ 1991 c 3 s 2; 1971 c 72 s 1. ]
The following words or phrases as used in this chapter shall have the following meanings unless the context indicates otherwise:
(1) "Pet animals" means dogs (Canidae), cats (Felidae), monkeys and other similar primates, turtles, psittacine birds, skunks, or any other species of wild or domestic animals sold or retained for the purpose of being kept as a household pet.
(2) "Secretary" means the secretary of the department of health or his or her designee.
(3) "Department" means the department of health.
(4) "Board" means the Washington state board of health.
(5) "Person" means an individual, group of individuals, partnership, corporation, firm, or association.
(6) "Quarantine" means the placing and restraining of any pet animal or animals by direction of the secretary, either within a certain described and designated enclosure or area within this state, or the restraining of any such pet animal or animals from entering this state.
[ 1991 c 3 s 3; 1971 c 72 s 2. ]
In the event of an emergency arising out of an outbreak of communicable disease caused by exposure to or contact with pet animals, the secretary is hereby authorized to take any reasonable action deemed necessary by him or her to protect the public health, including but not limited to the use of quarantine or the institution of any legal action authorized pursuant to Title 7 RCW and RCW 43.70.170, 43.70.180, and 43.70.190.
The secretary shall have authority to destroy any pet animal or animals which may reasonably be suspected of having a communicable disease dangerous to humans and such animal or animals are hereby declared to be a public nuisance.
[ 2011 c 336 s 445; 1971 c 72 s 3. ]
(1) The secretary, with the advice and concurrence of the director of the department of agriculture, shall be authorized to develop rules for proposed adoption by the board relating to the importation, movement, sale, transfer, or possession of pet animals as defined in RCW 16.70.020 which are reasonably necessary for the protection and welfare of the people of this state.
(2) The director of the department of agriculture shall also be authorized to adopt rules to allow administration of permits for those pet animals under subsection (1) of this section by the state veterinarian.
[ 1996 c 188 s 5; 1971 c 72 s 4. ]
Any person violating or refusing or neglecting to obey the order or directive issued by the secretary pursuant to the authority granted under this action [act] or the rules and regulations promulgated by the board hereunder shall be guilty of a misdemeanor.
[ 1971 c 72 s 5. ]
The powers conferred on the secretary by this chapter shall be concurrent with the powers conferred on the director of the department of agriculture by chapter 16.36 RCW, and chapter 43.23 RCW, and the secretary and director shall cooperate in exercising their responsibilities in these areas.
[ 1971 c 72 s 6. ]
As used in this chapter:
"Director" means director of agriculture.
"Department" means department of agriculture.
"Person" includes any individual, firm corporation, trust, association, copartnership, society, or other organization of individuals and any other business unit, device or arrangement.
"Fur farming" means breeding, raising and rearing of mink, marten, fox and chinchilla in captivity or enclosures.
[ 1955 c 321 s 2. ]
Fur farming shall be deemed an agricultural pursuit and the director is hereby authorized to exercise quarantine controls over such farms in accordance with the provisions of this title. Facilities available to the department may be used by the director in carrying out the provisions of this chapter.
[ 1955 c 321 s 3. ]
All fox, mink and marten that have been lawfully imported or acquired, or bred or reared in captivity or enclosures, are declared to be personal property. Any person hereafter acquiring any such fur bearing animals in the wild state, shall within ten days furnish satisfactory proof to the director that such animals were lawfully obtained. Such wild animals shall not become personal property under the provisions of this section until such proof is furnished.
[ 1955 c 321 s 4. ]
The owners of any fox, mink, or marten may mark them by branding with tattoo or other marks for the purpose of identification, but no person shall be entitled to ownership in or rights under any particular branding marks unless and until the branding marks are recorded with the department in the same manner and with like effect as brands of other animals are recorded as provided in *chapter 16.56 RCW.
[ 1955 c 321 s 5. ]
NOTES:
*Reviser's note: Chapter 16.56 RCW was repealed by 1959 c 54 s 39. For later enactment, see chapter 16.57 RCW.
The legislature finds that there is a need to provide resources to help livestock producers adapt their operations in light of the recovery of wolves on the landscape and a desire by many to increase use of nonlethal deterrence measures to reduce the probability of livestock depredations by wolves. The application of resources in support of these goals must respect livestock producers' values of independence, privacy, and local decision making. The legislature further recognizes that the recent recolonization of wolves places a relatively large time and monetary burden on livestock producers, and that livestock producers have unique and valuable knowledge, occupy an important place in their local communities and the state's social fabric, and are critical partners in creating sound natural resource policies.
[ 2017 c 257 s 1. ]
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of agriculture.
(2) "Director" means the director of the department of agriculture.
(3) "Northeast Washington" means Okanogan, Ferry, Stevens, and Pend Oreille counties.
[ 2017 c 257 s 2. ]
(1) The northeast Washington wolf-livestock management grant is created within the department. Funds from the grant program must be used only for the deployment of nonlethal deterrence resources in any Washington county east of the crest of the Cascade mountain range that shares a border with Canada, including human presence, and locally owned and deliberately located equipment and tools.
(2)(a) A four-member advisory board is established to advise the department on the expenditure of the northeast Washington wolf-livestock management grant funds. Advisory board members must be knowledgeable about wolf depredation issues, and have a special interest in the use of nonlethal wolf management techniques. Board members are unpaid, are not state employees, and are not eligible for reimbursement for subsistence, lodging, or travel expenses incurred in the performance of their duties as board members. The director must appoint each member to the board for a term of two years. Board members may be reappointed for subsequent two-year terms. The following board members must be appointed by the director in consultation with each applicable conservation district and the legislators in the legislative district encompassing each county:
(i) One Ferry county conservation district board member or staff member;
(ii) One Stevens county conservation district board member or staff member;
(iii) One Pend Oreille conservation district board member or staff member; and
(iv) One Okanogan conservation district board member or staff member.
(b) If no board member or staff member qualifies under this section, the director must appoint a resident of the applicable county to serve on the board.
(c) Board members may not:
(i) Directly benefit, in whole or in part, from any contract entered into or grant awarded under this section; or
(ii) Directly accept any compensation, gratuity, or reward in connection with such a contract from any other person with a beneficial interest in the contract.
(3) The board must help direct funding for the deployment of nonlethal deterrence resources, including human presence, and locally owned and deliberately located equipment and tools. Funds may only be distributed to nonprofit community-based collaborative organizations that have advisory boards that include personnel from relevant agencies including, but not limited to, the United States forest service and the Washington department of fish and wildlife.
(4) To ensure accountability and efficient use of funds between agencies involved in wolf-livestock management, the department must maintain a list of grants awarded under this section and at least annually share the list with the department of fish and wildlife.
[ 2019 c 450 s 4; 2017 c 257 s 3. ]
NOTES:
Intent—Finding—2019 c 450: See note following RCW 77.12.395.
(1) The northeast Washington wolf-livestock management account is created as a nonappropriated account in the custody of the state treasurer. All receipts, any legislative appropriations, private donations, or any other private or public source directed to the northeast Washington wolf-livestock management grant must be deposited into the account. Expenditures from the account may be used only for: (a) The deployment of nonlethal wolf deterrence resources as described in RCW 16.76.020; (b) wolf-livestock management; and (c) grants to the sheriffs' offices of Stevens and Ferry counties for providing a local wildlife specialist to aid the department of fish and wildlife in the management of wolves. Only the director may authorize expenditures from the account in consultation with the advisory board created in RCW 16.76.020. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. Interest earned by deposits in the account must be retained in the account.
(2) The advisory board created in RCW 16.76.020 may solicit and receive gifts and grants from public and private sources for the purposes of RCW 16.76.020.
[ 2025 c 247 s 1; 2023 c 475 s 920; 2021 c 334 s 960; 2017 c 257 s 4. ]
NOTES:
Expiration date—2025 c 247: "This act expires July 1, 2031." [ 2025 c 247 s 2.]
Effective date—2023 c 475: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 16, 2023]." [ 2023 c 475 s 1906.]
Conflict with federal requirements—Effective date—2021 c 334: See notes following RCW 43.79.555.
PDFRCW 16.76.030
Northeast Washington wolf-livestock management account. (Effective July 1, 2031.)
(1) The northeast Washington wolf-livestock management account is created as a nonappropriated account in the custody of the state treasurer. All receipts, any legislative appropriations, private donations, or any other private or public source directed to the northeast Washington wolf-livestock management grant must be deposited into the account. Expenditures from the account may be used only for the deployment of nonlethal wolf deterrence resources as described in RCW 16.76.020. Only the director may authorize expenditures from the account in consultation with the advisory board created in RCW 16.76.020. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. Interest earned by deposits in the account must be retained in the account.
(2) The advisory board created in RCW 16.76.020 may solicit and receive gifts and grants from public and private sources for the purposes of RCW 16.76.020.
(3) During the 2021-2023 and 2023-2025 fiscal biennia, expenditures from the account may be used for wolf-livestock management as well as for grants to the sheriffs' offices of Stevens and Ferry counties for providing a local wildlife specialist to aid the department of fish and wildlife in the management of wolves.
[ 2023 c 475 s 920; 2021 c 334 s 960; 2017 c 257 s 4.]
Effective date—2023 c 475: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 16, 2023]." [ 2023 c 475 s 1906.]
Conflict with federal requirements—Effective date—2021 c 334: See notes following RCW 43.79.555.
Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.