Title 16 — Title 16 ANIMALS AND LIVESTOCK

(1) The department shall submit a livestock inspection program report pursuant to RCW 43.01.036 by November 1, 2023, and annually thereafter, to the appropriate committees of the legislature having oversight over agriculture and fiscal matters. The report must also be submitted t…

This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003, except for sections 4 and 10 of this act which take effect January 1, 2004.[ 2003 c…

The purpose of this chapter is to expedite the movement of cattle from producers to the point of slaughter without losing the ownership identity of such cattle, and further to provide for fair and economical methods of identification of cattle in such commercial feed lots.[ 1979 …

For the purpose of this chapter:(1) "Certified feed lot" means any place, establishment, or facility commonly known as a commercial feed lot, cattle feed lot, or the like, which complies with all of the requirements of this chapter, and any rules adopted under this chapter and wh…

The director may adopt those rules as are necessary to carry out the purpose of this chapter. No person shall interfere with the director when he or she is performing or carrying out any duties imposed upon the director by this chapter or rules adopted under this chapter.[ 2003 c…

Any person desiring to engage in the business of operating one or more certified feed lots shall obtain an annual license from the director for that purpose. The application for a license shall be on a form prescribed by the director and shall include the following:(1) The number…

(1) The application for an annual license to engage in the business of operating one or more certified feed lots shall be accompanied by a license fee of nine hundred thirty-five dollars.(2) Upon approval of the application by the director and compliance with the provisions of th…

Certified feed lot licenses expire on June 30th following the date of issuance. If a person fails, refuses, or neglects to apply for renewal of a license by June 30th, the person's license shall expire. To reinstate a license, the person shall be assessed a late fee of twenty-fiv…

The director is authorized to deny, suspend, or revoke a license in accordance with the provisions of chapter 34.05 RCW if he or she finds that there has been a failure to comply with any requirement of this chapter or rules adopted under this chapter. Hearings for the revocation…

Every certified feed lot shall be equipped with a facility or a livestock pen, approved by the director as to location and construction within the feed lot so that necessary livestock inspection can be carried on in a proper, expeditious and safe manner. Each licensee shall furni…

All cattle entering or reentering a certified feed lot must be inspected upon entry, unless they are accompanied by an inspection certificate issued by the director, or any other agency authorized in any state or Canadian province by law to issue a certificate. Licensees shall re…

(1) The director shall conduct audits of the cattle received, fed, handled, and shipped by the licensee at each certified feed lot. These audits shall be for the purpose of determining if the cattle correlate with the inspection certificates issued in their behalf and that the ce…

All certified feed lots shall furnish the director with records as requested by the director on a monthly basis on all cattle entering or on feed in the certified feed lots and dispersed therefrom. These records must include a copy of each inspection certificate received and an i…

The licensee shall maintain sufficient records as required by the director at each certified feed lot, if said licensee operates more than one certified feed lot.[ 1991 c 109 s 13; 1971 ex.s. c 181 s 12.]

Each licensee shall pay to the director a fee of 28 cents for each head of cattle handled through the licensee's feed lot. The licensee must pay a call out fee of $20 to the department for each day and for each livestock inspector who performs inspections at each certified feed l…

All fees provided for in this chapter shall be deposited in an account in the agricultural local fund and used for enforcing and carrying out the purpose and provisions of this chapter or chapter 16.57 RCW.[ 2003 c 326 s 57; 1979 c 81 s 5; 1971 ex.s. c 181 s 14.]Notes:Effective d…

No inspection shall be required when cattle are moved or transferred from one certified feed lot to another when they are accompanied by satisfactory proof of ownership and there is no change of ownership or from a certified feed lot to a point within this state, or out of state …

The director may, when a certified feed lot's conditions become such that the integrity of reports or records of the cattle in that feed lot becomes doubtful, immediately suspend the certified feed lot's license until such time as the director can conduct an investigation to veri…

(1) Except as provided in subsection (2) of this section, any person who violates the provisions of this chapter or any rule adopted under this chapter is guilty of a misdemeanor.(2) A second or subsequent violation is a gross misdemeanor. Any offense committed more than five yea…

The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy.[ 1971 ex.s. c 181 s 18.]

A lawful fence shall be of at least four barbed, horizontal, well-stretched wires, spaced so that the top wire is forty-eight inches, plus or minus four inches, above the ground and the other wires at intervals below the top wire of twelve, twenty-two, and thirty-two inches. Thes…

All other fences as strong and as well calculated as the fence described in RCW 16.60.010 shall be lawful fences.[ 1985 c 415 s 23; Code 1881 s 2489; 1873 p 447 s 2; 1871 p 64 s 2; 1869 p 324 s 2; RRS s 5442. Formerly RCW 16.60.010, part.]

Any person making and maintaining in good repair around his or her enclosure or enclosures, any fence such as is described in RCW 16.60.010 and 16.60.011, may recover in a suit for trespass before the nearest court having competent jurisdiction, from the owner or owners of any an…

When any fence has been, or shall hereafter be, erected by any person on the boundary line of his or her land and the person owning land adjoining thereto shall make, or cause to be made, an inclosure [enclosure], so that such fence may also answer the purpose of inclosing [enclo…

When two or more persons own land adjoining which is inclosed [enclosed] by one fence, and it becomes necessary for the protection of the interest of one party said partition fence should be made between them, the other or others, when notified thereof, shall erect or cause to be…

If, after notice has been given by either party and a reasonable length of time has elapsed, the other party neglect or refuse to erect or cause to be erected, the one-half of such fence, the party giving notice may proceed to erect or cause to be erected the entire partition fen…

The respective owners of adjoining inclosures [enclosures] shall keep up and maintain in good repair all partition fences between such inclosures [enclosures] in equal shares, so long as they shall continue to occupy or improve the same; and in case either of the parties shall de…

When any person shall unwittingly or by mistake, erect any fence on the land of another, and when by a line legally determined that fact shall be ascertained, such person may enter upon the premises and remove such fence at any time within three months after such line has been ru…

When any party shall wish to lay open his or her inclosure [enclosure], he or she shall notify any person owning adjoining inclosures [enclosures], and if such person shall not pay to the party giving notice one-half the value of any partition fence between such enclosures, withi…

In assessing the value of any partition fence, the parties shall proceed as provided for the assessment of damages in RCW 16.60.020.[Code 1881 s 2497; 1873 p 449 s 10; 1871 p 66 s 10; 1869 p 326 s 10; RRS s 5450.]

Upon the trial of any cause occurring under the provisions of RCW 16.60.010 through 16.60.076, the defendant may impeach any such assessment, and in that case the court or the jury shall determine the damages.[Code 1881 s 2498; 1873 p 449 s 11; 1871 p 66 s 11; 1869 p 326 s 11; RR…

The owner of any animal that is unruly, and in the habit of breaking through or throwing down fences, if after being notified that such animal is unruly and in the habit of breaking through or throwing down fences as aforesaid, he or she shall allow such animal to run at large, s…

In case of actions for damages under RCW 16.60.010 through 16.60.076, it shall be sufficient to prove that the fence was lawful when the break was made.[Code 1881 s 2500; 1873 p 450 s 13; 1871 p 66 s 13; RRS s 5453. Formerly RCW 16.04.090, part.]

Whenever any inhabitant of this state shall have his or her fences removed by floods or destroyed by fire, the county commissioners of the county in which he or she resides shall have power to grant a license or permit for him or her to put a convenient gate or gates across any h…

It shall be lawful for the auditor of any county to grant such permit in vacation, but his or her license shall not extend past the next meeting of the commissioner's court.[ 2011 c 336 s 431; Code 1881, Bagley's Supp., p 25 s 2; 1871 p 104 s 2; RRS s 5460. Formerly RCW 16.60.080…

Any person retaining a gate across the highway after his or her license shall expire, shall be subject to a fine of one dollar for the first day and fifty cents for each subsequent day he or she shall retain the same, and it may be removed by the road supervisor, as an obstructio…

The fees of the auditor under RCW 16.60.080 through 16.60.095 shall be paid by the applicant.[Code 1881, Bagley's Supp., p 25 s 4; 1871 p 104 s 4.]

The purpose of this chapter is to ensure the orderly marketing of livestock, to ensure the financial stability of public livestock markets, and to protect persons who consign livestock to markets and sales.[ 2003 c 326 s 61.]Notes:Effective dates—2003 c 326: See RCW 16.57.902.

For the purposes of this chapter:(1) The term "public livestock market" means any place, establishment or facility commonly known as a "public livestock market", "livestock auction market", "livestock sales ring", yards selling on commission, or the like, conducted or operated fo…

(1) Except under subsection (2) of this section, this chapter does not apply to:(a) A farmer selling his or her own livestock.(b) A farmers' cooperative association or an association of livestock breeders when any class of their own livestock is assembled and offered for sale at …

Public livestock markets and special open consignment horse sales shall be under the direction and supervision of the director, and the director may adopt those rules as are necessary to carry out the purpose of this chapter. It shall be the duty of the director to enforce and ca…

(1) No person shall operate a public livestock market without first having obtained a license from the director. Application for a license shall be in writing on forms prescribed by the director, and shall include the following:(a) A nonrefundable original license application fee…

(1) Any license issued under the provisions of this chapter shall only be valid at the location and for the sales day or days for which the license was issued.(2) The license fee shall be based on the average gross sales volume per official sales day of a market in the previous t…

(1) All public livestock market licenses provided for in this chapter expire on March 1st subsequent to the date of issue.(2) Application for renewal of a public livestock market license shall be in writing on forms prescribed by the director, and shall include:(a) All informatio…

(1) A person shall not operate a special open consignment horse sale without first obtaining a license from the director. The application for the license shall include:(a) The schedule of rates and charges the applicant proposes to impose on the owners of horses for services rend…

It is lawful for the operator of a public livestock market or an open consignment horse sale, upon receiving a request to do so, to allow the announcement of the correct and accurate name of the consignor of any cattle or horses being presented for sale to potential buyers.[ 1991…

All fees provided for under this chapter shall be deposited in an account in the agricultural local fund and used for enforcing and carrying out the purpose and provisions of this chapter and chapter 16.57 RCW.[ 2003 c 326 s 69; 1959 c 107 s 5.]Notes:Effective dates—2003 c 326: S…

The licensee's license shall be posted conspicuously in the main office of such licensee's public livestock market or special open consignment horse sale.[ 1983 c 298 s 7; 1959 c 107 s 6.]

(1) The director may deny, suspend, or revoke a license when the director finds that a licensee (a) has misrepresented titles, charges, numbers, brands, weights, proceeds of sale, or ownership of livestock; (b) has attempted payment to a consignor or the department by a check the…

When livestock inspection is required the licensee shall collect from the consignor and pay to the department an inspection fee, as provided by law, for each animal inspected. However, if in any one sale day the total fees collected for inspection do not exceed $150, then the lic…