title: RCW 16.52.193

text:
(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.

catchline: Poisoning animals—Strychnine sales—Records—Report on suspected purchases.


doc_type: statute

jurisdiction: wa

title: RCW 16.52.200

text:
(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.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Sentences—Forfeiture of animals—Liability for costs—Penalty—Education, counseling.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 16.52.205

text:
(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.

catchline: Animal cruelty in the first degree.


title: RCW 16.52.207

text:
(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.

catchline: Animal cruelty in the second degree—Penalty.


title: RCW 16.52.210

text:
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.

catchline: Destruction of animal by law enforcement officer—Immunity from liability.


title: RCW 16.52.220

text:
(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.

catchline: Transfers of mammals for research—Certification requirements—Pet animals.


title: RCW 16.52.225

text:
(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.]

catchline: Nonambulatory livestock—Transporting or accepting delivery—Gross misdemeanor—Definition.


title: RCW 16.52.230

text:
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.

catchline: Remedies not impaired.


title: RCW 16.52.300

text:
(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.

catchline: Dogs or cats used as bait—Seizure—Limitation.


title: RCW 16.52.305

text:
(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.]

catchline: Unlawful use of hook—Gross misdemeanor.


title: RCW 16.52.310

text:
(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.]

catchline: Dog breeding—Limit on the number of dogs—Required conditions—Penalty—Definitions.


title: RCW 16.52.320

text:
(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.]

catchline: Maliciously killing or causing substantial bodily harm to livestock belonging to another—Penalty.


title: RCW 16.52.330

text:
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.]


title: RCW 16.52.340

text:
(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.]

catchline: Leave or confine any animal in unattended motor vehicle or enclosed space—Class 2 civil infraction—Officers' authority to reasonably remove animal.


title: RCW 16.52.350

text:
(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.]

catchline: Dog tethering—Penalties.


title: RCW 16.52.360

text:
(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.]

catchline: Retail pet store—Sale of dog or cat—Penalty.


title: RCW 16.54.010

text:
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.]

catchline: When deemed abandoned.


title: RCW 16.54.020

text:
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.]

catchline: Disposition of abandoned animal by person having custody.


title: RCW 16.54.030

text:
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.]

catchline: Duty of sheriff—Sale—Disposition of proceeds.


title: RCW 16.57.010

text:
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.

catchline: Definitions.


title: RCW 16.57.015

text:
(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.
PDF
RCW 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.]
Notes:
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.

catchline: Livestock identification advisory committee—Rule review—Fee setting. (Effective until July 1, 2030.)


title: RCW 16.57.020

text:
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.

catchline: Livestock brands—Director is the recorder—Recording fee.


title: RCW 16.57.023

text:
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.]

catchline: Permanent renewal of brands—Heritage brands—Fees.


title: RCW 16.57.025

text:
(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.]

catchline: Livestock inspection—Licensed and accredited veterinarians—Field livestock inspectors—Fees—Revocation of certification.


title: RCW 16.57.030

text:
The director shall not record tattoo brands or marks for any purpose.
[ 2003 c 326 s 7; 1959 c 54 s 3.]

catchline: Tattoo brands and marks not recordable.


title: RCW 16.57.040

text:
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.]

catchline: Production record brands.


title: RCW 16.57.050

text:
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.]

catchline: Use of unrecorded brand prohibited—Exception.


title: RCW 16.57.060

text:
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.]

catchline: Brands similar to governmental brands not to be recorded.


title: RCW 16.57.070

text:
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.]

catchline: Conflicting claims to brand.


title: RCW 16.57.080

text:
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.

catchline: Renewal of recorded brands—Schedule—Fee—Failure to pay.


title: RCW 16.57.090

text:
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.

catchline: Brand is personal property—Instruments affecting title, recording, effect—Fee—Nonliability of director for agents.


title: RCW 16.57.100

text:
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.]

catchline: Right to use brand—Brand as evidence of title.


title: RCW 16.57.105

text:
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.]

catchline: Preemptory right to use brand.


title: RCW 16.57.110

text:
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.]

catchline: Size and characteristics of brand.


title: RCW 16.57.120

text:
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.]

catchline: Removal or alteration of brand—Penalty.


title: RCW 16.57.130

text:
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.]

catchline: Similar brands not to be recorded.


title: RCW 16.57.140

text:
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.

catchline: Certified copy of record of brand—Fee.


title: RCW 16.57.150

text:
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.]

catchline: Brand book—Contents—Costs.


title: RCW 16.57.153

text:
The director may adopt rules necessary to administer the recording and changing of ownership of brands.
[ 2003 c 326 s 17.]

catchline: Administration of brands—Rules.


title: RCW 16.57.160

text:
(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.

catchline: Cattle or horses—Rules—Mandatory inspection points—Self-inspection certificates—Dairy cattle identification tags—Fees.


title: RCW 16.57.165

text:
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.]

catchline: Agreements with others to perform livestock inspection.


title: RCW 16.57.170

text:
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.]

catchline: Inspection of livestock, hides, records.


title: RCW 16.57.180

text:
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.]

catchline: Search warrants.


title: RCW 16.57.200

text:
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.]

catchline: Duty of owner or agent—Livestock inspection.


title: RCW 16.57.210

text:
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.]

catchline: Arrest without warrant.


title: RCW 16.57.220

text:
(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.
PDF
RCW 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.]
Notes:
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.

catchline: Livestock inspection—Fee schedule—Certificates. (Effective until July 1, 2030.)


title: RCW 16.57.223

text:
(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.]

catchline: Payment of inspection fee—Due at inspection—Lien—Late fee.


title: RCW 16.57.230

text:
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.

catchline: Charges for livestock inspection—Actual inspection required.


title: RCW 16.57.240

text:
(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.

catchline: Certificates of permit, inspection, self-inspection.


title: RCW 16.57.243

text:
(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.]

catchline: Moving or transporting cattle—Certificate or proof of ownership must accompany—Exceptions.


title: RCW 16.57.245

text:
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.]

catchline: Authority to stop vehicles carrying cattle or horses.


title: RCW 16.57.260

text:
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.

catchline: Removal of cattle or horses from state—Inspection certificate required.


title: RCW 16.57.267

text:
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.]

catchline: Failure to present animal for inspection.


title: RCW 16.57.270

text:
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.]

catchline: Unlawful to refuse assistance in establishing identity and ownership of livestock.


title: RCW 16.57.275

text:
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.]

catchline: Transporting cattle carcass or primal part—Certificate of permit required.


title: RCW 16.57.277

text:
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.]

catchline: Custom slaughter beef tags—Fee—Rules.


title: RCW 16.57.280

text:
(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.

catchline: Possession of cattle or horse marked with another's brand—Penalty.


title: RCW 16.57.290

text:
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.

catchline: Impounding cattle and horses—No certificate or proof of ownership when offered for sale—Disposition.


title: RCW 16.57.300

text:
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.

catchline: Proceeds from sale of impounded cattle and horses—Paid to director.


title: RCW 16.57.310

text:
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.]

catchline: Notice of sale—Claim on proceeds.


title: RCW 16.57.320

text:
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.]

catchline: Disposition of proceeds of sale when no proof of ownership—Penalty for accepting proceeds after sale, barter, trade.


title: RCW 16.57.330

text:
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.]

catchline: Disposition of proceeds of sale—No claim made—No proof of ownership provided.


title: RCW 16.57.340

text:
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.]

catchline: Reciprocal agreements—When livestock from another state an estray, sale.


title: RCW 16.57.350

text:
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.

catchline: Rules—Enforcement of chapter.


title: RCW 16.57.353

text:
(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.

catchline: Rules—Compliance with federal requirements.


title: RCW 16.57.360

text:
(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.]

catchline: Civil infractions—Time and mileage fee.


title: RCW 16.57.370

text:
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.

catchline: Disposition of fees.


title: RCW 16.57.400

text:
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.

catchline: Horse and cattle identification—Inspection when consigned for sale.


title: RCW 16.57.405

text:
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.]

catchline: Microchip in a horse—Removal with intent to defraud—Gross misdemeanor.


title: RCW 16.57.407

text:
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.]

catchline: Microchip in a horse—Authority to investigate removal.


title: RCW 16.57.410

text:
(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.

catchline: Horses—Registering agencies—Permit required—Fee—Records—Identification symbol inspections—Rules.


title: RCW 16.57.420

text:
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.

catchline: Ratite identification.


title: RCW 16.57.430

text:
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.]

catchline: Replacement copies of brand inspection documents—Rules—Fees.


title: RCW 16.57.440

text:
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.]

catchline: Unlawful transport or delivery of cattle or horses.