(1) The director has the authority to enter the animal
premises of any animal owner at any reasonable time to conduct
tests, examinations, or inspections for disease conditions when
there is reasonable cause to investigate whether animals on the
premises or that have been on the premises are infected with or
have been exposed to a reportable disease. It is unlawful for
any person to interfere with the tests, inspections, or
examinations, or to alter any segregation or identification
systems made in connection with the tests, inspections, or
examinations. When the director has determined that there is
probable cause that there is a serious risk from disease or
contamination, the director may seize those items necessary to
conduct the tests, inspections, or examinations.
(2) If the director is denied access to the animal premises
or the animals for purposes of conducting tests, inspections, or
examinations or the animal owner fails to comply with an order of
the director, the director may apply to a court of competent
jurisdiction for a search warrant. The warrant may authorize
access to any animal or animal premises for purposes of
conducting tests, inspections, or examinations of any animal or
animal premises, or taking samples, and may authorize seizure or
destruction of property. The warrant shall be issued upon
probable cause being found by the court. It is sufficient
probable cause to show a potential threat to the agricultural
interests of this state or a potential threat which seriously
endangers animals, human health, the environment, or public
welfare. To show that access is denied, the director shall file
with the court an affidavit or declaration containing a
description of all attempts to notify and locate the owner or the
owner's agent and to secure consent.
[2004 c 251 § 2; 1998 c 8 § 6; 1985 c 415 § 2; 1979 c 154 § 12; 1947 c 172 § 5; 1927 c 165 § 6; Rem. Supp. 1947 § 3115. Prior: 1895 c 167 § 3.]
NOTES:
Severability -- 1979 c 154: See note following RCW 15.49.330.