SENATE BILL No. 1339
September 19, 2000, Introduced by Senators MC MANUS, NORTH and GOUGEON and
referred to the Committee on Farming, Agribusiness and Food Systems.
A bill to amend 1988 PA 466, entitled
"Animal industry act of 1987,"
by amending sections 1, 3, 4, 5, 6, 8, 9, 12, 14, 15, 16, 19, 20,
23, 26, 28, 29, 29a, 30, 30a, 30b, 30c, 31, 33, 35, 39, 40, 41,
42, 44, and 45 (MCL 287.701, 287.703, 287.704, 287.705, 287.706,
287.708, 287.709, 287.712, 287.714, 287.715, 287.716, 287.719,
287.720, 287.723, 287.726, 287.728, 287.729, 287.729a, 287.730,
287.730a, 287.730b, 287.730c, 287.731, 287.733, 287.735, 287.739,
287.740, 287.741, 287.742, 287.744, and 287.745), sections 3, 8,
9, 14, 30a, and 30b as amended and section 30c added by 1998 PA
552, sections 4, 5, 6, 12, 16, 19, 20, 23, 28, 29, 30, 33, 39,
40, 41, 42, and 44 as amended and section 29a as added by 1996 PA
369, section 15 as amended by 1990 PA 40, and sections 26, 31,
and 35 as amended by 1994 PA 41, and by adding sections 11a, 11b,
13a, 26a, and 30d; and to repeal acts and parts of acts.
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THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. (1) This act shall be known and may be cited as the
2 "animal industry act". of
1987".
3 (2) THIS ACT IS INTENDED TO PROTECT THE HEALTH, SAFETY, AND
4 WELFARE OF HUMANS AND ANIMALS, TO BE CONSISTENT WITH APPLICABLE
5 FEDERAL AND STATE LAWS, AND SHALL BE SO CONSTRUED.
6 Sec. 3. (1) "Accredited veterinarian" means a veterinarian
7 approved by the United
States
department of agriculture to per-
8 form specific functions
required by
cooperative state-federal
9 disease control and
eradication programs
DEPUTY ADMINISTRATOR OF
10 THE UNITED STATES DEPARTMENT OF AGRICULTURE, ANIMAL AND PLANT
11 HEALTH INSPECTION SERVICE, VETERINARY SERVICES IN ACCORDANCE WITH
12 PROVISIONS OF 9 C.F.R. PART 161. AN ACCREDITED VETERINARIAN IS
13 CONSIDERED PREAPPROVED TO PERFORM CERTAIN FUNCTIONS OF FEDERAL
14 AND COOPERATIVE STATE/FEDERAL PROGRAMS.
15 (2) "Animal" means mollusks, crustaceans, and vertebrates
16 other than human beings INCLUDING, BUT NOT LIMITED TO, LIVESTOCK,
17 WILD ANIMALS, EXOTIC ANIMALS, AQUACULTURE, AND DOMESTIC ANIMALS.
18 (3) "ANIMAL MOVEMENT CERTIFICATE" MEANS A PRINTED FORM
19 ADOPTED BY THE DEPARTMENT AND COMPLETED AND ISSUED BY THE DIREC-
20 TOR THAT CONTAINS, AT A MINIMUM, THE FOLLOWING INFORMATION
21 REGARDING ANIMALS OR AN ANIMAL:
22 (A) THE POINT OF ORIGIN OR POINT OF DESTINATION.
23 (B) OFFICIAL IDENTIFICATION.
24 (C) ANTICIPATED MOVEMENT DATE.
25 (D) ANY REQUIRED OFFICIAL TEST RESULTS FOR BOVINE
26 TUBERCULOSIS.
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1 (4) (3)
"Aquaculture" means the
commercial husbandry of
2 aquaculture species on the approved list of aquaculture species
3 under the Michigan aquaculture development act, 1996 PA 199,
4 MCL 286.871 TO 286.884, including, but not limited to, the cul-
5 turing, producing, growing, using, propagating, harvesting,
6 transporting, importing, exporting, or marketing of any products,
7 coproducts, or by-products of fish, crustaceans, mollusks, rep-
8 tiles, and amphibians, reared or cultured under controlled condi-
9 tions in an aquaculture facility.
10 (5) (4)
"Aquaculture facility"
means a farm or farm oper-
11 ation engaged in any
aspect of
aquaculture in privately con-
12 trolled waters capable of
holding all
life stages of aquacultural
13 species with a barrier or
enclosure
designed to prevent their
14 escape into waters of the
state. An
aquaculture facility does
15 not include any facility
not regulated
THAT TERM AS DEFINED
16 under the Michigan aquaculture development act, 1996 PA 1999,
17 MCL 286.871 TO 286.884.
18 (6) (5)
"Approved vaccine" means
a veterinary biological
19 administered to livestock or other animals to induce immunity in
20 the recipient. The use of the approved vaccine in this state
21 shall be approved by the state veterinarian.
22 (6) "Captive
cervidae" means
members of the cervidae family
23 including, but not
limited to, deer,
elk, moose, and caribou
24 living under the
husbandry of humans.
25 (7) "Captive cervidae
ranch" means
any premises that con-
26 tains 1 or more captive
white-tailed
deer or captive elk and has
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1 captive white-tailed deer
or captive elk
removed by the hunting
2
method.
3 (8) "Captive elk farm"
means any
premises that contains 1 or
4 more captive elk and
does not have any
captive elk removed by the
5 hunting
method.
6 (9) "Captive
white-tailed deer
farm" means any premises that
7 contains 1 or more
captive white-tailed
deer and does not have
8 any captive white-tailed
deer removed by
the hunting method.
9 (7) (10)
"Carcasses" means the
dead bodies of animals,
10 poultry, or fish
AQUACULTURE.
Carcasses do not include
11 rendered products.
12 (8) (11)
"Cattle" means all
bovine (genus bos) animals,
13 bovinelike animals (genus bison) also commonly referred to as
14 American buffalo or bison and any cross of these species unless
15 otherwise specifically provided.
16 (9) (12)
"Cattle importation lot"
means a premises regis-
17 tered with the department and used only to feed cattle in prepa-
18 ration for slaughter.
19 (10) (13)
"Commingling" means
concurrently or subsequently
20 sharing or subsequent use by
native
livestock OR OTHER DOMESTIC
21 ANIMALS of the same pen or same section in a facility or same
22 section in a transportation unit where there is physical contact
23 or contact with bodily excrements or fluids from other livestock
24 OR DOMESTIC ANIMALS.
25 (11) (14)
"Consignee" means the
person within the state
26 of Michigan
receiving the animals at
the point of destination
27 named on the official interstate OR INTRASTATE health
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1 certificate, official interstate certificate of veterinary
2 inspection, ENTRY AUTHORIZATION FORM, owner-shipper statement, or
3 sales invoice.
4 (12) (15)
"Contagious disease"
means an illness due to a
5 specific infectious agent or suspected infectious agent or its
6 toxic products which arises through transmission of that agent or
7 its products from an infected animal, or inanimate reservoir to a
8 susceptible host, either directly or indirectly through an inter-
9 mediate plant or animal host, vector, or the inanimate environ-
10 ment, or via an airborne mechanism.
11 (13) "DEALER" MEANS ANY PERSON ENGAGED IN THE BUSINESS OF
12 BUYING, RECEIVING, SELLING, EXCHANGING, TRANSPORTING, NEGOTIAT-
13 ING, OR SOLICITING THE SALE, RESALE, EXCHANGE, TRANSPORTATION, OR
14 TRANSFER OF LIVESTOCK. THIS ACT DOES NOT EXEMPT A PERSON FROM
15 LICENSURE IF OTHERWISE REQUIRED TO BE LICENSED UNDER 1937 PA 284,
16 MCL 287.121 TO 287.131.
17 (14) (16)
"Department" means the
department of
18 agriculture.
19 (15) (17)
"Direct movement" means
transfer of animals to a
20 destination without unloading the animals en route and without
21 exposure to any other animals or bodily excrements or fluids from
22 other animals.
23 (16) (18)
"Director" means the
director of the department
24 of agriculture or his or her authorized representative.
25 (17) (19)
"Disease" means any
animal health issue with
26 economic impacts in terms of restricted movement or markets,
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1 whether due to residues, metabolic problems, public health
2 concerns, multiple causes, or food safety issues.
3 (18) (20)
"Distribute" means to
deliver other than by
4 administering or dispensing a veterinary biological.
5 (19) (21)
"Domestic animal" means
those species of animals
6 indigenous to North
America which have
lived THAT LIVE under
7 the husbandry of humans.
8 (20) (22)
"Emergency fish
diseases" means certain infec-
9 tious diseases of fish that are transmissible directly or indi-
10 rectly from 1 fish to another and are not known to exist within
11 the waters of the state. Emergency fish diseases include, but
12 are not limited to, viral hemorrhagic septicemia, infectious
13 hematopoietic necrosis, ceratomyxosis, and proliferative kidney
14 disease.
15 (21) (23)
"Equine" means all
animals of the equine family
16 which includes horses, asses, jacks, jennies, hinnies, mules,
17 donkeys, burros, ponies, and zebras.
18 (22) (24)
"Exhibition or
exposition" means a congregation,
19 gathering, or collection of livestock that are presented or
20 exposed to public view for show, display, swap, exchange, enter-
21 tainment, educational event, instruction, advertising, or
22 competition. Exhibition or exposition does not include livestock
23 for sale at public stockyards, auctions, saleyards, and livestock
24 yards licensed under the provisions of 1937 PA 284, MCL 287.121
25 to 287.131.
26 (23) (25)
"Exhibition facility"
means any facility used or
27 intended to be used for public view, show, display, swap,
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1 exchange, entertainment, advertisement, educational event, or
2 competition involving livestock. Exhibition facility does not
3 include a public stockyard, an auction saleyard, and a livestock
4 yard where livestock are accepted on consignment and the auction
5 method is used in the marketing of the livestock.
6 (24) (26)
"Exhibitor" means any
person who presents live-
7 stock for public display, exhibition, or competition or enters
8 livestock in a fair, show, exhibition, or exposition.
9 (25) (27)
"Exotic animal" means
those animals that are not
10 domestic or any cross of those animals not domestic to North
11 America.
12 (26) (28)
"Fair" means a
competition and educational exhi-
13 bition of agricultural commodities and manufactured products for
14 which premiums may be paid and which is conducted by an associa-
15 tion or governmental entity.
16 (27) (29)
"Feral swine" means
swine which have lived their
17 life or any part of their life as free roaming or not under the
18 husbandry of humans.
19 Sec. 4. (1) "Fish disease inspection report" means a docu-
20 ment available from the great lakes fishery commission completed
21 by a fish health official giving evidence of inspections and
22 diagnostic work performed.
23 (2) "Fish health official" means a fish health specialist
24 identified by member agencies of the great lakes fish disease
25 control committee to the chair of the great lakes fish disease
26 control committee responsible for conducting fish-hatchery
27 inspections and the issuance of inspection reports.
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1 (3) "Flock" means all of the poultry on 1 premises or, upon
2 the discretion of the department, a group of poultry that is seg-
3 regated from all other poultry for at least 21 days.
4 (4) "Garbage" means any animal origin products, including
5 those of poultry and fish origin, or other animal material
6 resulting from the handling, processing, preparation, cooking,
7 and consumption of foods. Garbage includes, but is not limited
8 to, any refuse of any type that has been associated with any such
9 material at any time during the handling, preparation, cooking,
10 or consumption of food. Garbage does not include rendered pro-
11 ducts or manure.
12 (5) "Grade status" means an animal for which no proof of
13 registration with an appropriate breed registry is provided.
14 (6) "Hatchery" means incubators, hatchers, and auxiliary
15 equipment on 1 premises operated and controlled for the purpose
16 of hatching poultry.
17 (7) "Hatching poultry eggs" means eggs for use in a hatchery
18 to produce young poultry or to produce embryonated eggs.
19 (8) "Herd or flock of origin" means any herd or flock in
20 which animals are born and remain until movement or any herd or
21 flock which animals remain for at least 30 days immediately fol-
22 lowing direct movement into the herd or flock from another herd
23 or flock. HERD OR FLOCK OF ORIGIN INCLUDES THE PLACE OF ORIGIN,
24 PREMISES OF ORIGIN, AND FARM OF ORIGIN.
25 (9) "Infectious disease" means an infection or disease due
26 to the invasion of the body by pathogenic organisms.
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1 (10) "Isolated" means the physical separation of animals by
2 a physical barrier in such a manner that other animals do not
3 have access to the isolated animals' body, excrement, or dis-
4 charges, not allowing the isolated animals to share a building
5 with a common ventilation system with other animals, and not
6 allowing the isolated animals to be within 10 feet of other ani-
7 mals if not sharing a building with a common ventilation system.
8 Isolated animals have a noncommon feed and water system separate
9 from other animals.
10 Sec. 5. (1) "Law enforcement
agent AGENCY" means an
11 officer of
the department of state
police, THE DEPARTMENT OF
12 NATURAL RESOURCES, or
of a law
enforcement agency of a county,
13 township, city, or village
who THAT is
responsible for the pre-
14 vention and detection of crime and enforcement of the criminal
15 laws of this state.
16 (2) "Livestock" means those species of animals used for
17 human food and fiber or those species of animals used for service
18 to humans. Livestock includes, but is not limited to, cattle,
19 sheep, new world camelids, goats,
bison,
captive cervidae
20 PRIVATELY OWNED CERVIDS, ratites, swine, equine, poultry, aqua-
21 culture, and rabbits. Livestock does not include dogs and cats.
22 (3) "Livestock auction market" means a livestock market
23 where livestock is accepted on consignment and the auction method
24 is used in the marketing of consigned livestock as defined in
25 Act No. 284 of the
Public Acts of 1937,
being sections 287.121
26 to 287.131 of the
Michigan Compiled Laws
1937 PA 284,
27 MCL 287.121 TO 287.131.
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1 (4) "National poultry improvement plan" means a plan for the
2 control or eradication of certain poultry diseases which is pub-
3 lished in parts 145 and
147 of
subchapter G of chapter 1,
4 title 9 of the code of
federal
regulations 9 C.F.R. PARTS 145
5 AND 147.
6 (5) "Native" means born and raised in this state, or legally
7 imported into the state and having complied with entry require-
8 ments prescribed by the director, and having been maintained in
9 the state for at least 45 days.
10 (6) "Neutered" means sterilization by 1 of the following
11 methods only:
12 (a) Chemical.
13 (b) Castration.
14 (c) Clamping.
15 (d) Banding.
16 (e) Spaying.
17 (7) "New world camelids" means animals belonging to the
18 genus llama and vicuna of the family camelidae of the order
19 artiodactyla including, but not limited to, the llama, alpaca,
20 vicuna, and guanaco.
21 (8) "Offal" means the waste parts resulting from the pro-
22 cessing of animals, poultry, and fish. Offal does not include
23 rendered products.
24 Sec. 6. (1) "Official calfhood vaccinate" means female
25 cattle that are vaccinated by an accredited veterinarian with a
26 United States department of agriculture approved brucella abortus
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1 vaccine in accordance with procedures and at an age approved by
2 the director.
3 (2) "Official identification" means an identification ear
4 tag, or ear
tattoo, ELECTRONIC
IDENTIFICATION, or other identi-
5 fication approved by the United States department of agriculture
6 or the department.
7 (3) "Official interstate health certificate" or "official
8 interstate certificate of veterinary inspection" means a printed
9 form adopted by any state that documents the information required
10 under section 20 and that is issued for animals being imported to
11 or exported from this state within 30 days before the importation
12 or exportation of the animals it describes. A photocopy of an
13 official interstate health certificate or an official interstate
14 certificate of veterinary inspection is an official copy if cer-
15 tified as a true copy by the issuing veterinarian or a livestock
16 health official of the state of origin.
17 (4) "Official test" means a sample of specific material col-
18 lected from an animal by an accredited veterinarian or other
19 person authorized by the director, and analyzed by a laboratory
20 certified by the United States department of agriculture or the
21 department to conduct the test, or a diagnostic injection admin-
22 istered and analyzed by an accredited veterinarian. An official
23 test shall be conducted only by an accredited veterinarian except
24 under special permission by the director.
25 (5) "Official vaccination" means a vaccination that the
26 director has designated as reportable. An official vaccination
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1 shall be administered by an accredited veterinarian and
2 documented on a form supplied by the department.
3 (6) "Originate" refers to direct movement of animals from a
4 herd or flock of origin.
5 (7) "Over 19 months of age" means cattle that have the first
6 pair of permanent incisor teeth visibly present unless the owner
7 can document the exact age. Parturient or postparturient heif-
8 ers, regardless of their age, are considered over 19 months of
9 age.
10 (8) "Person" means an individual, partnership, corporation,
11 cooperative, association, joint venture, or other legal entity
12 , including,
but not limited to,
contractual relationships.
13 (9) "Poultry" means but is not limited to chickens, guinea
14 fowl, turkeys, waterfowl, pigeons, doves, peafowl, and game birds
15 that are propagated and maintained under the husbandry of
16 humans.
17 (10) "Prior entry permit" means a code that is obtained from
18 the department for specific species of livestock imported into
19 the state that is recorded on the official interstate health cer-
20 tificate or official interstate certificate of veterinary
21 inspection.
22 (11) "PRIVATELY OWNED CERVID" MEANS ALL SPECIES OF THE
23 CERVID FAMILY INCLUDING, BUT NOT LIMITED TO, DEER, ELK, MOOSE,
24 AND ALL OTHER MEMBERS OF THE FAMILY CERVIDAE RAISED OR MAINTAINED
25 IN CAPTIVITY FOR THE PRODUCTION OF MEAT AND OTHER AGRICULTURAL
26 PRODUCTS, SPORT, EXHIBITION, OR ANY OTHER PURPOSE. A PRIVATELY
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1 OWNED CERVID AT LARGE WILL CONTINUE TO BE CONSIDERED A PRIVATELY
2 OWNED CERVID AS LONG AS IT BEARS OFFICIAL IDENTIFICATION.
3 (12) "PRIVATELY OWNED CERVID FARM" MEANS ANY PRIVATE OR
4 PUBLIC PREMISES THAT CONTAINS 1 OR MORE PRIVATELY OWNED CERVIDS
5 AND DOES NOT HAVE ANY PRIVATELY OWNED CERVIDS REMOVED BY THE
6 HUNTING METHOD.
7 (13) "PRIVATELY OWNED CERVID RANCH" MEANS ANY PRIVATE OR
8 PUBLIC PREMISES THAT CONTAINS 1 OR MORE PRIVATELY OWNED CERVIDS
9 AND HAS PRIVATELY OWNED CERVIDS REMOVED BY THE HUNTING METHOD.
10 (14) "PRIVATELY OWNED WHITE-TAILED DEER OR ELK RANCH" MEANS
11 ANY PRIVATE OR PUBLIC PREMISES THAT CONTAIN 1 OR MORE PRIVATELY
12 OWNED WHITE-TAILED DEER OR PRIVATELY OWNED ELK AND HAS PRIVATELY
13 OWNED WHITE-TAILED DEER OR PRIVATELY OWNED ELK REMOVED BY THE
14 HUNTING METHOD.
15 (15) (11)
"Pullorum-typhoid"
means a disease of poultry
16 caused by both salmonella pullorum and salmonella gallinarum.
17 (16) (12)
"Pullorum-typhoid clean
flock" means a flock
18 that receives and maintains this status by fulfilling the
19 requirements prescribed in the national poultry improvement
20 plan.
21 (17) (13)
"Quarantine" means
enforced restriction of a
22 premises or isolation and
restriction of
free movement imposed on
23 an animal
ISOLATION OF ANY ANIMAL OR
GROUP OF ANIMALS OR
24 RESTRICTION OF MOVEMENT OF AN ANIMAL OR GROUP OF ANIMALS TO OR
25 FROM ANY STRUCTURE, PREMISES, OR AREA OF THIS STATE INCLUDING THE
26 ENTIRETY OF THIS STATE. A QUARANTINE MAY ALSO BE ISSUED TO
27 RESTRICT ANY MOVEMENT OF ANY ANIMAL OR GROUP OF ANIMALS TO OR
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1 FROM A STRUCTURE, PREMISES, OR AREA OF THIS STATE, INCLUDING THE
2 ENTIRETY OF THE STATE.
3 (18) (14)
"Ratite" means
flightless birds having a flat
4 breastbone without the keellike prominence characteristic of most
5 flying birds. Ratites include, but are not limited to, casso-
6 waries, kiwis, ostriches, emus, and rheas.
7 (19) (15)
"Reasonable assistance"
means safely controlling
8 an animal by corralling, stabling, kenneling, holding, tying,
9 chemically restraining, or confining by halter or leash or crowd-
10 ing the animal in a safe and sensible manner so an examination or
11 testing procedure considered necessary by the director can be
12 performed.
13 (20) (16)
"Rendered products"
means waste material derived
14 in whole or in part from meat of any animal or other animal mate-
15 rial and other refuse of any character whatsoever that has been
16 associated with any such material at any time during the han-
17 dling, preparation, cooking, or consumption of food that has been
18 ground and heat-treated to a minimum temperature of 230 degrees
19 Fahrenheit to make products including, but not limited to, animal
20 protein meal, poultry protein meal, fish protein meal, grease, or
21 tallow. Rendered products also include bakery wastes, eggs,
22 candy wastes, and domestic dairy products including, but not
23 limited to, milk.
24 (21) (17)
"Reportable disease"
means an animal disease on
25 the current reportable animal disease list maintained by the
26 state veterinarian that poses a serious threat to the livestock
27 industry, public health, or human food chain.
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1 (22) (18)
"Slaughter facility
premises" means all
2 facilities, buildings, structures, including all immediate
3 grounds where slaughtering occurs under federal or state inspec-
4 tion, or otherwise authorized by the director.
5 (23) (19)
"Sow" means any female
swine that has farrowed
6 or given birth to or aborted 1 litter or more.
7 (24) (20)
"State veterinarian"
means the chief animal
8 health official of the state as appointed by the director under
9 section 7, or his or her authorized representative.
10 (25) (21)
"Swine" means any of
the ungulate mammals of the
11 family suidae.
12 (26) "TERMINAL OPERATION" MEANS A FACILITY FOR CATTLE AND
13 GOATS TO ALLOW FOR CONTINUED GROWTH AND FINISHING UNTIL SUCH TIME
14 AS THE CATTLE AND GOATS ARE SHIPPED DIRECTLY TO SLAUGHTER.
15 (27) (22)
"Toxic substance" means
a natural or synthetic
16 chemical in concentrations which alone or in combination with
17 other natural or synthetic chemicals presents a threat to the
18 health, safety, or welfare to human or animal life or which has
19 the capacity to produce injury or illness through ingestion,
20 inhalation, or absorption through the body surface.
21 (28) (23)
"Toxicological disease"
means any condition
22 caused by or related to a toxic substance.
23 (29) (24)
"U.S. registered
shield" means a tattoo autho-
24 rized and approved by the United States department of agriculture
25 for use by an accredited veterinarian to designate cattle that
26 have been vaccinated against brucellosis using an approved
27 brucella abortus vaccine.
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1 (30) (25)
"Veterinarian" means a
person licensed to
2 practice veterinary medicine under article 15 of the public
3 health code, Act No. 368
of the Public
Acts of 1978, being sec-
4 tions 333.16101 to
333.18838 of the
Michigan Compiled Laws 1978
5 PA 368, MCL 333.16101 TO 333.18838, or under a state or federal
6 law applicable to that person.
7 (31) (26)
"Veterinary biological"
means all viruses,
8 serums, toxins, and analogous products of natural or synthetic
9 origin, or products prepared from any type of genetic engineer-
10 ing, such as diagnostics, antitoxins, vaccines, live microorgan-
11 isms, killed microorganisms, and the antigenic or immunizing com-
12 ponents of microorganisms intended for use in the diagnosis,
13 treatment, or prevention of diseases in animals.
14 (32) (27)
"Waters of the state"
means groundwaters, lakes,
15 rivers, and streams and all other watercourses and waters within
16 the jurisdiction of the state and also the Great Lakes bordering
17 the state.
18 (33) (28)
"Wild animal" means any
nondomesticated animal
19 or any cross of a nondomesticated animal.
20 Sec. 8. (1) Under the direction of the director, the state
21 veterinarian shall do all of the following:
22 (a) Develop and enforce policy and supervise activities to
23 carry out this act and other state and federal laws, rules, and
24 regulations that pertain to the health and welfare of animals in
25 this state ON PUBLIC OR PRIVATE PREMISES.
26 (b) Promulgate rules under the administrative procedures act
27 of 1969, 1969 PA 306, MCL 24.201 to 24.328, for the use of
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1 veterinary biologicals including diagnostic biological agents.
2 The state veterinarian
may require that
the importation and use
3 of veterinary biologicals
or biological
agents be reported to the
4 department.
5 (c) Maintain a list of reportable animal diseases. The
6 state veterinarian shall review and update the list annually and
7 more often if necessary.
8 (d) Maintain a list of veterinary biologicals whose sale,
9 distribution, use, or administration by any person is reported to
10 the director when requested by the director within 10 working
11 days of the sale, distribution, use, or administration. The
12 state veterinarian shall review and update the list annually and
13 more often if necessary.
14 (e) Develop and implement scientifically based surveillance
15 AND MONITORING programs for reportable diseases when the director
16 determines, with advice and consultation from the livestock
17 industry and veterinary profession,
that
surveillance THESE
18 PROGRAMS would aid in the control or eradication of a reportable
19 disease or assist in the economic viability of the industry.
20 (f) The department
shall consider
and regularly review the
21 need to require a
negative official test
for bovine tuberculosis
22 for all cattle and goats
within 60 days
prior to movement from 1
23 premises to another
within this state or
require that cattle and
24 goats originate directly
from a herd
that is accredited
25 tuberculosis-free as
defined in title 9
of the code of federal
26 regulations and the
bovine tuberculosis
eradication: uniform
27 methods and rules,
effective February 3,
1989, approved by
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1 veterinary services of the
animal and
plant health inspection
2 service of the United
States department
of agriculture, and all
3 amendments to those
publications
thereafter adopted pursuant to
4 rules that the director
may promulgate.
The director may require
5 that other species have a
negative
official test for bovine
6 tuberculosis prior to
movement from 1
premises to another within
7 this state. This
subsection shall be in
effect until January 1,
8
2001.
9 (g) The department
shall coordinate
and conduct, and the
10 department of natural
resources shall
actively support and assist
11 as directed by the
department, a
scientifically based surveil-
12 lance program for
bovine tuberculosis of
free-ranging deer, based
13 upon risk and conducted
at a minimum 95%
confidence of a 2%
14 infection rate based
upon an official
determination by the United
15 States department of
agriculture, in at
least each of the follow-
16 ing counties:
Cheboygan, Presque Isle,
Otsego, Montmorency,
17 Alpena, Crawford,
Oscoda, Alcona,
Roscommon, Ogemaw, Iosco, and
18 any other county and
counties adjacent
to that county where 1 or
19 more free-ranging deer
are found to be
positive for bovine tuber-
20 culosis, based upon an
official
determination by the United
21 States department of
agriculture. For
purposes of enforcing this
22 section, the department
may enter upon
private or public premises
23 to acquire samples. The
Michigan
department of natural resources
24 and the Michigan
department of community
health shall cooperate
25 with the state
veterinarian to fulfill
the requirements of this
26 section. The department
shall report
the results of the study to
27 the legislature and the
governor by
September 1, 1999.
06411'00
19
1 (2) THE STATE VETERINARIAN MAY REQUIRE THAT THE IMPORTATION
2 AND USE OF VETERINARY BIOLOGICALS OR BIOLOGICAL AGENTS BE
3 REPORTED TO THE DEPARTMENT AND MAY RESTRICT THE USE OF CERTAIN
4 VETERINARY BIOLOGICALS TO VETERINARIANS WHEN THE DISEASE OR VET-
5 ERINARY BIOLOGICAL INVOLVED HAS A SUBSTANTIAL IMPACT ON PUBLIC
6 HEALTH, ANIMAL HEALTH, OR ANIMAL INDUSTRY.
7 (3) (2)
Unless otherwise
prohibited by law, the state vet-
8 erinarian may enter upon any PUBLIC OR PRIVATE premises to
9 enforce this act.
10 Sec. 9. (1) A person who discovers, suspects, or has reason
11 to believe that an animal is either affected by a reportable dis-
12 ease or contaminated with a toxic substance shall immediately
13 report that fact, suspicion, or belief to the director. The
14 director shall take appropriate action to investigate the
15 report. A person possessing an animal affected by, or suspected
16 of being affected by, a reportable disease or contaminated with a
17 toxic substance shall allow the director to examine the animal or
18 collect diagnostic specimens. The director may enter premises
19 where animals, animal products, or animal feeds are suspected of
20 being contaminated with an infectious or contagious disease, or a
21 disease caused by a toxic substance and seize or impound the
22 animal products or feed located on the premises. The director
23 may withhold a certain amount of animal products or feed for the
24 purpose of controlled research and testing. A person who know-
25 ingly possesses or harbors affected or suspected animals shall
26 not expose other animals to the affected or suspected animals or
06411'00
20
1 otherwise move the affected or suspected animals or animals under
2 quarantine except with permission from the director.
3 (2) A person owning animals shall provide reasonable assist-
4 ance to the director during the examination and necessary testing
5 procedures.
6 (3) The director may call upon a law enforcement agency to
7 assist in carrying out
ENFORCING the
director's QUARANTINES,
8 orders, OR ANY OTHER PROVISIONS OF THIS ACT.
9 (4) A person shall not remove or alter the OFFICIAL identi-
10 fication of an animal.
for the purpose
of misrepresentation of
11 the A
PERSON SHALL NOT MISREPRESENT AN
animal's identity or the
12 ownership of the
AN animal. A person
shall not make misrepre-
13 sentations concerning
MISREPRESENT the
animal's health status to
14 a potential buyer.
15 (5) The director may devise and implement a program to com-
16 pensate livestock owners for livestock that die, ARE INJURED, or
17 need to be destroyed for humane purposes while the livestock are
18 being tested or under a surveillance program for a reportable
19 disease.
20 (6) ANY MEDICAL OR EPIDEMIOLOGICAL INFORMATION THAT IDENTI-
21 FIES THE OWNERS OF ANIMALS AND IS GATHERED IN CONNECTION WITH THE
22 REPORTING OF A DISCOVERY, SUSPICION, OR REASON TO BELIEVE THAT AN
23 ANIMAL IS EITHER AFFECTED BY A REPORTABLE DISEASE OR CONTAMINATED
24 WITH A TOXIC SUBSTANCE, OR INFORMATION GATHERED IN CONNECTION
25 WITH AN INVESTIGATION OF THE REPORTING OF A DISCOVERY, SUSPICION,
26 OR REASON TO BELIEVE THAT AN ANIMAL IS AFFECTED BY A REPORTABLE
27 DISEASE OR CONTAMINATED WITH A TOXIC SUBSTANCE IS CONFIDENTIAL,
06411'00
21
1 IS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT,
2 1976 PA 442, MCL 15.231 TO 15.246, AND IS NOT OPEN TO PUBLIC
3 INSPECTION WITHOUT THE INDIVIDUAL'S CONSENT UNLESS PUBLIC INSPEC-
4 TION IS NECESSARY TO PROTECT THE PUBLIC OR ANIMAL HEALTH AS
5 DETERMINED BY THE DIRECTOR. SUCH MEDICAL OR EPIDEMIOLOGICAL
6 INFORMATION THAT IS RELEASED TO A LEGISLATIVE BODY SHALL NOT CON-
7 TAIN INFORMATION THAT IDENTIFIES A SPECIFIC OWNER.
8 (7) AS USED IN SUBSECTIONS (8) TO (10):
9 (A) "DISEASE FREE ZONE" MEANS ANY AREA IN THE STATE WITH
10 DEFINED DIMENSIONS DETERMINED BY THE DEPARTMENT IN CONSULTATION
11 WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE TO BE FREE OF
12 BOVINE TUBERCULOSIS.
13 (B) "INFECTED ZONE" MEANS ANY AREA IN THE STATE WITH DEFINED
14 DIMENSIONS IN WHICH BOVINE TUBERCULOSIS IS PRESENT AND SEPARATED
15 FROM THE DISEASE FREE ZONE BY A SURVEILLANCE ZONE AS DETERMINED
16 BY THE DEPARTMENT IN CONSULTATION WITH THE UNITED STATES DEPART-
17 MENT OF AGRICULTURE.
18 (C) "OFFICIAL INTRASTATE HEALTH CERTIFICATE OR OFFICIAL
19 INTRASTATE CERTIFICATE OF VETERINARY INSPECTION" MEANS A PRINTED
20 FORM ADOPTED BY THE DEPARTMENT AND COMPLETED AND ISSUED BY AN
21 ACCREDITED VETERINARIAN THAT DOCUMENTS AN ANIMAL'S POINT OF
22 ORIGIN, POINT OF DESTINATION, OFFICIAL IDENTIFICATION, AND ANY
23 REQUIRED OFFICIAL TEST RESULTS.
24 (D) "PRIOR MOVEMENT PERMIT" MEANS PRIOR DOCUMENTED PERMIS-
25 SION GIVEN BY THE DIRECTOR BEFORE MOVEMENT OF LIVESTOCK.
26 (E) "SURVEILLANCE ZONE" MEANS ANY AREA IN THE STATE WITH
27 DEFINED DIMENSIONS WHICH IS BOVINE TUBERCULOSIS DISEASE FREE AND
06411'00
22
1 LOCATED ADJACENT AND CONTIGUOUS TO AN INFECTED ZONE AS DETERMINED
2 BY THE DEPARTMENT IN CONSULTATION WITH THE UNITED STATES DEPART-
3 MENT OF AGRICULTURE.
4 (8) THE DIRECTOR MAY DEVELOP, IMPLEMENT, AND ENFORCE SCIEN-
5 TIFICALLY BASED MOVEMENT RESTRICTIONS AND REQUIREMENTS INCLUDING
6 OFFICIAL BOVINE TUBERCULOSIS TEST REQUIREMENTS, PRIOR MOVEMENT
7 PERMITS, OFFICIAL INTRASTATE HEALTH CERTIFICATES OR ANIMAL MOVE-
8 MENT CERTIFICATES TO ACCOMPANY MOVEMENT OF ANIMALS, AND OFFICIAL
9 IDENTIFICATION OF ANIMALS FOR MOVEMENT BETWEEN OR WITHIN A DIS-
10 EASE FREE ZONE, SURVEILLANCE ZONE, AND AN INFECTED ZONE, OR ANY
11 COMBINATION OF THOSE ZONES.
12 (9) THE DEPARTMENT SHALL COMPLY WITH THE FOLLOWING PROCE-
13 DURES BEFORE ISSUING MOVEMENT RESTRICTIONS AND OTHER REQUIREMENTS
14 DESCRIBED IN SUBSECTION (8) THAT ASSURE PUBLIC NOTICE AND OPPOR-
15 TUNITY FOR PUBLIC COMMENT:
16 (A) DEVELOP SCIENTIFICALLY BASED MOVEMENT RESTRICTIONS AND
17 OTHER REQUIREMENTS WITH ADVICE AND CONSULTATION FROM THE LIVE-
18 STOCK INDUSTRY AND VETERINARY PROFESSION.
19 (B) PLACE THE PROPOSED MOVEMENT RESTRICTIONS AND OTHER
20 REQUIREMENTS ON THE COMMISSION OF AGRICULTURE AGENDA FOR AT LEAST
21 1 MONTH BEFORE IMPLEMENTATION AND ALLOW PUBLIC COMMENT BEFORE
22 COMMISSION REVIEW.
23 (C) PLACE THE PROPOSED MOVEMENT RESTRICTIONS AND OTHER
24 REQUIREMENTS AT LEAST 1 MONTH BEFORE IMPLEMENTATION IN AT LEAST
25 3 MAJOR NEWSPAPERS, 1 OF WHICH IS LOCATED IN THE UPPER
26 PENINSULA.
06411'00
23
1 (10) THE DEPARTMENT MAY REVISE OR RESCIND MOVEMENT
2 RESTRICTIONS AND OTHER REQUIREMENTS DESCRIBED IN SUBSECTION (8),
3 PURSUANT TO THIS SECTION, AND ANY REVISION OR REVOCATION OF SUCH
4 MOVEMENT RESTRICTIONS OR OTHER REQUIREMENTS SHALL COMPLY WITH THE
5 PROCEDURE SET FORTH IN SUBSECTION (9).
6 (11) AS USED IN SUBSECTIONS (12) TO (32):
7 (A) "HIGH-RISK AREA" MEANS AN AREA WHERE BOVINE TUBERCULOSIS
8 HAS BEEN DIAGNOSED IN LIVESTOCK. HIGH-RISK AREA DOES NOT INCLUDE
9 AN AREA WHERE TESTS CONDUCTED UNDER SUBSECTION (14) INDICATE A
10 LACK OF BOVINE TUBERCULOSIS DIAGNOSIS AT LEAST 36 MONTHS AFTER
11 THE DATE THE AREA WAS DESIGNATED A HIGH-RISK AREA.
12 (B) "INTRASTATE" MEANS FROM 1 PREMISES TO ANOTHER WITHIN
13 THIS STATE. INTRASTATE IN REFERENCE TO MOVEMENT DOES NOT INCLUDE
14 THE MOVEMENT OF LIVESTOCK FROM 1 PREMISES WITHIN THE STATE
15 DIRECTLY TO ANOTHER PREMISES WITHIN THE STATE WHEN BOTH PREMISES
16 ARE A PART OF THE SAME LIVESTOCK OPERATION UNDER COMMON OWNERSHIP
17 AND BOTH PREMISES ARE DIRECTLY INTERRELATED AS PART OF THE SAME
18 LIVESTOCK OPERATION.
19 (C) "POTENTIAL HIGH-RISK AREA" MEANS AN AREA WHERE BOVINE
20 TUBERCULOSIS HAS BEEN DIAGNOSED IN WILD ANIMALS ONLY. POTENTIAL
21 HIGH-RISK AREA DOES NOT INCLUDE AN AREA WHERE CATTLE AND GOAT
22 HERDS ARE WHOLE HERD TESTED IN THE MANNER PROVIDED FOR UNDER
23 SUBSECTION (16) RESULTING IN THE LACK OF ANY ADDITIONAL BOVINE
24 TUBERCULOSIS INFECTED ANIMALS BEING FOUND IN WILD ANIMALS, DOMES-
25 TIC ANIMALS, OR LIVESTOCK.
26 (D) "WHOLE HERD" MEANS ANY ISOLATED GROUP OF CATTLE AND
27 GOATS 12 MONTHS OF AGE OR OLDER MAINTAINED ON COMMON GROUND FOR
06411'00
24
1 ANY PURPOSE, OR 2 OR MORE GROUPS OF CATTLE AND GOATS UNDER COMMON
2 OWNERSHIP OR SUPERVISION GEOGRAPHICALLY SEPARATED BUT THAT HAVE
3 AN INTERCHANGE OR MOVEMENT OF CATTLE AND GOATS WITHOUT REGARD TO
4 HEALTH STATUS AS DETERMINED BY THE DIRECTOR.
5 (12) THIS SECTION DOES NOT EXEMPT DAIRY HERDS FROM BEING
6 TESTED IN THE MANNER PROVIDED FOR BY GRADE "A" PASTEURIZED MILK
7 ORDINANCE, 1999 REVISION OF THE UNITED STATES PUBLIC HEALTH
8 SERVICE/FOOD AND DRUG ADMINISTRATION, WITH ADMINISTRATIVE PROCE-
9 DURES AND APPENDICES, SET FORTH IN THE PUBLIC HEALTH SERVICE/FOOD
10 AND DRUG ADMINISTRATION PUBLICATION NO. 229, AND THE PROVISIONS
11 OF THE 1995 GRADE "A" CONDENSED AND DRY MILK PRODUCTS AND CON-
12 DENSED AND DRY WHEY-SUPPLEMENT I TO THE GRADE "A" PASTEURIZED
13 MILK ORDINANCE, 1999 REVISIONS, AND ALL AMENDMENTS TO THOSE PUB-
14 LICATIONS THEREAFTER ADOPTED PURSUANT TO THE RULES THAT THE
15 DIRECTOR MAY PROMULGATE.
16 (13) THE DIRECTOR MAY ESTABLISH HIGH-RISK AREAS AND POTEN-
17 TIAL HIGH-RISK AREAS BASED UPON SCIENTIFICALLY BASED
18 EPIDEMIOLOGY. NOTIFICATION SHALL BE GIVEN THROUGH THE COMMISSION
19 OF AGRICULTURE AND IN A NEWSPAPER WITH GENERAL CIRCULATION IN ANY
20 AREA DESIGNATED AS A HIGH-RISK OR POTENTIAL HIGH-RISK AREA.
21 (14) CATTLE AND GOAT HERDS LOCATED IN HIGH-RISK AREAS SHALL
22 BE WHOLE HERD BOVINE TUBERCULOSIS TESTED AT LEAST ONCE PER YEAR.
23 AFTER THE FIRST WHOLE HERD BOVINE TUBERCULOSIS TEST, TESTING
24 SHALL OCCUR BETWEEN 10 AND 14 MONTHS FROM THE ANNIVERSARY DATE OF
25 THE FIRST TEST. THIS SECTION DOES NOT PREVENT WHOLE HERD TESTING
26 AT SHORTER INTERVALS.
06411'00
25
1 (15) TERMINAL OPERATIONS LOCATED IN HIGH-RISK AREAS IN THIS
2 STATE ARE EXEMPT FROM THE REQUIREMENTS OF SUBSECTION (14) AND MAY
3 BE MONITORED BY A WRITTEN SURVEILLANCE PLAN APPROVED BY THE
4 DIRECTOR.
5 (16) CATTLE AND GOAT HERDS LOCATED IN POTENTIAL HIGH-RISK
6 AREAS SHALL BE WHOLE HERD BOVINE TUBERCULOSIS TESTED WITHIN
7 6 MONTHS AFTER THE DIRECTOR HAS ESTABLISHED A POTENTIAL HIGH-RISK
8 AREA OR HAVE A WRITTEN HERD PLAN WITH A TARGETED WHOLE HERD
9 BOVINE TUBERCULOSIS TESTING DATE.
10 (17) TERMINAL OPERATIONS LOCATED IN POTENTIAL HIGH-RISK
11 AREAS IN THIS STATE ARE EXEMPT FROM THE REQUIREMENTS OF
12 SUBSECTION (16) AND MAY BE MONITORED BY A WRITTEN SURVEILLANCE
13 PLAN APPROVED BY THE DIRECTOR.
14 (18) EACH OWNER OF ANY PRIVATELY OWNED CERVID HERD WITHIN A
15 HIGH-RISK AREA SHALL CAUSE AN ANNUAL WHOLE HERD BOVINE TUBERCULO-
16 SIS TEST TO BE CONDUCTED ON ALL PRIVATELY OWNED CERVIDS 12 MONTHS
17 OF AGE AND OLDER WITHIN THE HERD AND ALL CATTLE AND GOATS
18 6 MONTHS OF AGE AND OLDER IN CONTACT WITH THE CERVIDS. FOLLOWING
19 THE INITIAL ANNUAL WHOLE HERD TEST, SUBSEQUENT WHOLE HERD TESTS
20 SHALL BE COMPLETED AT 9- TO 15-MONTH INTERVALS.
21 (19) EACH OWNER OF ANY PRIVATELY OWNED CERVID RANCH WITHIN A
22 HIGH-RISK AREA MAY ELECT TO UNDERGO A TUBERCULOSIS SLAUGHTER SUR-
23 VEILLANCE PLAN APPROVED BY THE DIRECTOR IN LIEU OF THE ANNUAL
24 WHOLE HERD TESTING. THIS SLAUGHTER SURVEILLANCE PLAN MUST
25 INCLUDE EXAMINATION OF ANIMALS REMOVED FROM THE HERD FOR DETEC-
26 TION OF TUBERCULOSIS. EXAMINATION MUST BE PERFORMED BY A STATE
27 OR FEDERAL VETERINARIAN OR ACCREDITED VETERINARIAN. THE NUMBER
06411'00
26
1 TO BE EXAMINED AT EACH TESTING INTERVAL SHALL INCLUDE ADULT
2 ANIMALS AND MUST BE EQUAL TO THE AMOUNT NECESSARY TO ESTABLISH AN
3 OFFICIAL TUBERCULOSIS MONITORED HERD AS DEFINED IN THE BOVINE
4 TUBERCULOSIS ERADICATION UNIFORM METHODS AND RULES, EFFECTIVE
5 JANUARY 22, 1999, AND ALL AMENDMENTS TO THOSE PUBLICATIONS THERE-
6 AFTER ADOPTED PURSUANT TO RULES THAT THE DIRECTOR MAY
7 PROMULGATE.
8 (20) ALL CATTLE AND GOAT HERDS LOCATED IN ANY AREA OUTSIDE A
9 HIGH-RISK AREA OR A POTENTIAL HIGH-RISK AREA IN THIS STATE SHALL
10 BE WHOLE HERD BOVINE TUBERCULOSIS TESTED BETWEEN JANUARY 1, 2000
11 AND DECEMBER 31, 2003. PRIVATELY OWNED CERVID HERDS LOCATED IN
12 THE NON-HIGH-RISK AREAS OR POTENTIAL HIGH-RISK AREAS SHALL BE
13 TESTED PER SECTIONS 30C AND 30D.
14 (21) TERMINAL OPERATIONS AND PRIVATELY OWNED CERVID PREMISES
15 LOCATED IN ANY AREA OUTSIDE A HIGH-RISK AREA OR A POTENTIAL
16 HIGH-RISK AREA IN THIS STATE MAY BE EXEMPTED FROM SUBSECTION (18)
17 AND MAY BE MONITORED BY A WRITTEN SURVEILLANCE PLAN APPROVED BY
18 THE DIRECTOR.
19 (22) SUBJECT TO SUBSECTION (24), CATTLE AND GOATS ORIGINAT-
20 ING IN AN AREA NOT DESIGNATED AS A HIGH-RISK AREA MOVING INTRA-
21 STATE SHALL MEET AT LEAST 1 OF THE FOLLOWING UNTIL THE ZONE,
22 AREA, OR THE ENTIRETY OF THE STATE FROM WHICH THEY ORIGINATE
23 RECEIVES TUBERCULOSIS FREE STATUS FROM THE UNITED STATES DEPART-
24 MENT OF AGRICULTURE:
25 (A) ORIGINATE DIRECTLY FROM A HERD THAT HAS RECEIVED AN
26 OFFICIAL NEGATIVE WHOLE HERD BOVINE TUBERCULOSIS TEST WITHIN THE
27 24 MONTHS BEFORE THE INTRASTATE MOVEMENT.
06411'00
27
1 (B) HAS RECEIVED AN INDIVIDUAL OFFICIAL NEGATIVE BOVINE
2 TUBERCULOSIS TEST WITHIN 60 DAYS BEFORE THE INTRASTATE
3 MOVEMENTS.
4 (C) HAS ORIGINATED DIRECTLY FROM AN ACCREDITED BOVINE
5 TUBERCULOSIS-FREE HERD AS DEFINED IN TITLE 9 OF THE CODE OF FED-
6 ERAL REGULATIONS AND THE BOVINE TUBERCULOSIS ERADICATION: UNI-
7 FORM METHODS AND RULES, EFFECTIVE JANUARY 22, 1999, APPROVED BY
8 VETERINARY SERVICES OF THE UNITED STATES DEPARTMENT OF AGRICUL-
9 TURE, AND ALL AMENDMENTS TO THOSE PUBLICATIONS THEREAFTER ADOPTED
10 PURSUANT TO RULES THAT THE DIRECTOR MAY PROMULGATE.
11 (23) SUBJECT TO SUBSECTION (24), CATTLE AND GOATS ORIGINAT-
12 ING IN A HIGH-RISK AREA THAT MOVE INTRASTATE SHALL MEET AT LEAST
13 1 OF THE FOLLOWING UNTIL THE ZONE, AREA, OR THE ENTIRETY OF THE
14 STATE FROM WHICH THEY ORIGINATE IS NO LONGER DESIGNATED AS A
15 HIGH-RISK AREA BY THE DIRECTOR:
16 (A) ORIGINATE DIRECTLY FROM A HERD THAT HAS RECEIVED AN
17 OFFICIAL NEGATIVE WHOLE HERD BOVINE TUBERCULOSIS TEST WITHIN THE
18 12 MONTHS BEFORE THE INTRASTATE MOVEMENT.
19 (B) HAS RECEIVED AN INDIVIDUAL OFFICIAL NEGATIVE BOVINE
20 TUBERCULOSIS TEST WITHIN 60 DAYS BEFORE THE INTRASTATE
21 MOVEMENTS.
22 (C) HAS ORIGINATED DIRECTLY FROM AN ACCREDITED BOVINE
23 TUBERCULOSIS-FREE HERD AS DEFINED IN TITLE 9 OF THE CODE OF FED-
24 ERAL REGULATIONS AND THE BOVINE TUBERCULOSIS ERADICATION: UNI-
25 FORM METHODS AND RULES EFFECTIVE JANUARY 22, 1999, APPROVED BY
26 VETERINARY SERVICES OF THE UNITED STATES DEPARTMENT OF
06411'00
28
1 AGRICULTURE, AND ALL AMENDMENTS TO THOSE PUBLICATIONS THEREAFTER
2 ADOPTED PURSUANT TO RULES THAT THE DIRECTOR MAY PROMULGATE.
3 (24) CATTLE AND GOATS NOT MEETING SUBSECTION (22) OR (23)
4 MAY BE SOLD THROUGH A LIVESTOCK AUCTION MARKET FOR SLAUGHTER
5 ONLY. VERIFICATION THAT THE ANIMALS WERE SOLD ONLY FOR SLAUGHTER
6 AND THAT THE SLAUGHTER OCCURRED WITHIN 5 DAYS AFTER SALE SHALL BE
7 PRESENTED UPON REQUEST OF THE DIRECTOR.
8 (25) PRIVATELY OWNED CERVIDS MOVING INTRASTATE SHALL MEET
9 REQUIREMENTS UNDER SECTION 30B.
10 (26) BOVINE TUBERCULOSIS TESTING REQUIRED UNDER THIS SECTION
11 SHALL BE CONDUCTED BY ANY OF THE FOLLOWING:
12 (A) VETERINARIANS EMPLOYED BY THE DEPARTMENT.
13 (B) VETERINARIANS EMPLOYED BY THE UNITED STATES DEPARTMENT
14 OF AGRICULTURE.
15 (C) ACCREDITED VETERINARIANS UNDER CONTRACT AND PAID BY THE
16 DEPARTMENT OR THE UNITED STATES DEPARTMENT OF AGRICULTURE.
17 VETERINARIANS APPROVED TO BE UNDER CONTRACT AND PAID BY THE
18 DEPARTMENT OR THE UNITED STATES DEPARTMENT OF AGRICULTURE FOR
19 BOVINE TUBERCULOSIS TESTING REQUIRED BY THIS SECTION MUST ATTEND
20 A BOVINE TUBERCULOSIS EDUCATIONAL SEMINAR APPROVED BY THE
21 DIRECTOR. TO BE ELIGIBLE FOR CONTINUED CONTRACT AND PAYMENT BY
22 THE DEPARTMENT OR UNITED STATES DEPARTMENT OF AGRICULTURE,
23 ACCREDITED VETERINARIANS MUST ATTEND YEARLY BOVINE TUBERCULOSIS
24 EDUCATIONAL SEMINARS APPROVED BY THE DIRECTOR.
25 (D) ANY OTHER ACCREDITED VETERINARIANS PAID BY THE OWNER.
26 (27) INDIVIDUAL, WHOLE HERD, OR ACCREDITED FREE HERD ANIMAL
27 BOVINE TUBERCULOSIS TESTING REQUIRED OR PERMITTED BY THIS SECTION
06411'00
29
1 SHALL BE CONDUCTED BY THE DEPARTMENT, UNITED STATES DEPARTMENT OF
2 AGRICULTURE, OR PRIVATE VETERINARIANS. BEGINNING JANUARY 1,
3 2000, PRIVATE VETERINARIANS APPROVED IN SUBSECTION (26) MAY BE
4 PAID BY THE DEPARTMENT FOR TESTING SERVICES. ANY OTHER BOVINE
5 TUBERCULOSIS TESTING CONDUCTED IN ADDITION TO, OR LESS THAN,
6 REQUIREMENTS OR ALLOWANCES IN THIS SECTION ARE THE RESPONSIBILITY
7 OF THE OWNER.
8 (28) INDIVIDUAL LIVESTOCK THAT HAVE BEEN INJECTED AND ARE
9 UNDERGOING BOVINE TUBERCULOSIS TESTING SHALL NOT BE REMOVED FROM
10 THE PREMISES WHERE THE TEST IS ADMINISTERED UNTIL THE TEST IS
11 READ EXCEPT WITH PERMISSION GRANTED BY THE DIRECTOR.
12 (29) BEGINNING JANUARY 1, 2000, WITH ADVICE AND CONSULTATION
13 FROM THE LIVESTOCK INDUSTRY AND VETERINARY PROFESSION, THE DIREC-
14 TOR MAY PAY TO A PRODUCER FOR ASSISTANCE APPROVED BY THE MICHIGAN
15 COMMISSION OF AGRICULTURE FOR WHOLE HERD BOVINE TUBERCULOSIS
16 TESTING REQUIRED IN SUBSECTIONS (14), (16), (18), AND (20) OR
17 REQUIRED BY GRADE "A" PASTEURIZED MILK ORDINANCE, 1999 REVISION
18 OF THE UNITED STATES PUBLIC HEALTH SERVICE/FOOD AND DRUG ADMINIS-
19 TRATION, WITH ADMINISTRATIVE PROCEDURES AND APPENDIXES, SET FORTH
20 IN THE PUBLIC HEALTH SERVICE/FOOD AND DRUG ADMINISTRATION PUBLI-
21 CATION NO. 229, AND THE PROVISIONS OF THE 1995 GRADE "A" CON-
22 DENSED AND DRY MILK PRODUCTS AND CONDENSED AND DRY
23 WHEY-SUPPLEMENT I TO THE GRADE "A" PASTEURIZED MILK ORDINANCE,
24 1999 REVISIONS, AND ALL AMENDMENTS TO THOSE PUBLICATIONS THEREAF-
25 TER ADOPTED PURSUANT TO RULES THAT THE DIRECTOR MAY PROMULGATE.
26 (30) BEGINNING JANUARY 1, 2000, WITH ADVICE AND CONSULTATION
27 FROM THE LIVESTOCK INDUSTRY AND VETERINARY PROFESSION, THE
06411'00
30
1 DIRECTOR MAY PAY TO A VETERINARIAN, WHO HAS FULFILLED THE
2 REQUIREMENTS OF SUBSECTION (26), FOR CHUTES AND GATES ON A 50/50
3 COST SHARE BASIS AS APPROVED BY THE AGRICULTURE COMMISSION.
4 (31) BEGINNING JANUARY 1, 2000, WITH ADVICE AND CONSULTATION
5 FROM THE LIVESTOCK INDUSTRY AND VETERINARY PROFESSION, THE DIREC-
6 TOR MAY PAY TO AN OPERATOR OR OWNER OF A LIVESTOCK AUCTION MARKET
7 FOR CHUTES, GATES, AND REMODELING TO EXPEDITE IDENTIFICATION OF
8 LIVESTOCK FOR BOVINE TUBERCULOSIS SURVEILLANCE AND ERADICATION ON
9 A 50/50 COST SHARE BASIS AS APPROVED BY THE AGRICULTURE
10 COMMISSION.
11 (32) SUBSECTIONS (11) THROUGH (26) AND SUBSECTION (28) TAKE
12 EFFECT JANUARY 1, 2001.
13 SEC. 11A. (1) BEGINNING NOVEMBER 1, 2001, ALL PREMISES
14 WITHIN THIS STATE HAVING CATTLE, BISON, GOATS, SWINE, PRIVATELY
15 OWNED CERVIDS, AQUACULTURE, EQUINE, OR SHEEP, OR ANY COMBINATION
16 THEREOF, SHALL REGISTER WITH THE DEPARTMENT ON NOVEMBER 1 OF THAT
17 YEAR. REGISTRATION SHALL BE ON FORMS SUPPLIED BY THE DEPARTMENT
18 AND SHALL INCLUDE ONLY THE OWNER'S NAME, OWNER'S CURRENT ADDRESS,
19 LOCATION OF LIVESTOCK, AND SPECIES OF LIVESTOCK AT THE PREMISES
20 AS OF OCTOBER 1 OF THAT CALENDAR YEAR. IF CATTLE, BISON, GOATS,
21 SWINE, PRIVATELY OWNED CERVIDS, AQUACULTURE, EQUINE, OR SHEEP, OR
22 ANY COMBINATION THEREOF, ARE PRESENT AT THE PREMISES AS OF
23 OCTOBER 1 OF ANY SUBSEQUENT YEAR, THE PERSON SHALL REGISTER OR
24 REREGISTER EACH YEAR AFTER THE YEAR OF THE INITIAL REGISTRATION,
25 OR EACH YEAR THE SPECIFIED SPECIES ARE PRESENT AT THE PREMISES AS
26 OF OCTOBER 1, NOT LATER THAN NOVEMBER 1.
06411'00
31
1 (2) INFORMATION KEPT BY THE DIRECTOR AS REQUIRED IN
2 SUBSECTION (1) IS CONFIDENTIAL, IS EXEMPT FROM DISCLOSURE UNDER
3 THE FREEDOM OF INFORMATION ACT, 1976 PA 442, MCL 15.231 TO
4 15.246, AND IS NOT OPEN TO PUBLIC INSPECTION OR TO ANY LOCAL,
5 STATE, OR FEDERAL GOVERNMENTAL DEPARTMENT, UNIT, AGENCY, OR LEG-
6 ISLATIVE BODY, EXCEPT THE UNITED STATES DEPARTMENT OF AGRICUL-
7 TURE, WITHOUT THE OWNER'S CONSENT UNLESS PUBLIC INSPECTION IS
8 NECESSARY TO PROTECT THE PUBLIC OR ANIMAL HEALTH AS DETERMINED BY
9 THE DIRECTOR.
10 (3) A PERSON OR PREMISES REGISTERED UNDER ANOTHER REGISTRA-
11 TION PROGRAM ADMINISTERED BY THE DEPARTMENT THAT THE DIRECTOR
12 DETERMINES MEETS THE CRITERIA OF THIS SECTION IS EXEMPT FROM THE
13 REGISTRATION REQUIREMENTS OF THIS SECTION.
14 SEC. 11B. ALL CATTLE, GOATS, AND PRIVATELY OWNED CERVIDS
15 SHALL BEAR OFFICIAL IDENTIFICATION BEFORE THEY LEAVE A PREMISES.
16 COMPLIANCE WITH THIS SECTION REGARDING OFFICIAL IDENTIFICATION IS
17 THE RESPONSIBILITY OF THE OWNER. OFFICIAL IDENTIFICATION SHALL
18 BE SUPPLIED BY THE DEPARTMENT.
19 Sec. 12. (1) The director may issue a quarantine on animals
20 or premises in this state
STRUCTURES,
PREMISES, OR ANY AREA IN
21 THE STATE, INCLUDING THE ENTIRE STATE IF NECESSARY, for the pur-
22 pose of controlling or preventing the spread of a known or sus-
23 pected infectious, contagious, or toxicological disease.
24 (2) A person shall not move animals that are under quaran-
25 tine without permission from the director.
06411'00
32
1 (3) A person shall not allow animals under quarantine to
2 mingle or have contact with other animals not under quarantine
3 without permission by the director.
4 (4) A person shall not import into this state an animal from
5 another state or jurisdiction if that animal is under quarantine
6 by the other state or jurisdiction unless that person obtains
7 prior permission from the director.
8 (5) A person shall not import into this state an animal spe-
9 cies from an area under quarantine for that species for any
10 infectious, contagious, or toxicological disease unless permis-
11 sion is granted from the director.
12 (6) The director may prescribe procedures for the identifi-
13 cation, inventory, separation, mode of handling, TESTING, treat-
14 ment, feeding, and caring for
the BOTH
quarantined animals AND
15 ANIMALS WITHIN A
QUARANTINED AREA to
prevent the quarantined
16 animals from infecting
or exposing
INFECTION OR EXPOSURE OF non-
17 quarantined OR QUARANTINED animals to infectious, contagious, or
18 toxicological diseases.
19 (7) The director may prescribe procedures required before
20 an ANY
animal, and STRUCTURE,
premises, OR AREA OR ZONE IN
21 THIS STATE, INCLUDING THE ENTIRETY OF THE STATE IF NECESSARY, are
22 released from quarantine.
23 (8) An animal found running at large in violation of a quar-
24 antine may be killed by a law
enforcement agent AGENCY. The
25 director may enlist the cooperation of a law enforcement agency
26 to enforce the provisions of this quarantine. A law enforcement
06411'00
33
1 agent
AGENCY killing an animal due to
a quarantine under this
2 section is not subject to liability for the animal.
3 SEC. 13A. (1) A TERMINAL OPERATION MAY BE A LOT, PARCEL,
4 PASTURE, PREMISES, FACILITY, OR CONFINED AREA.
5 (2) A TERMINAL OPERATION SHALL NOT ALLOW OR PERMIT DRAINAGE
6 FROM THE TERMINAL OPERATION TO FLOW INTO AREAS ACCESSIBLE TO
7 LIVESTOCK, LIVESTOCK FEED, OR LIVESTOCK FEED STORAGE AREAS OTHER
8 THAN THE CATTLE AND GOATS IN THE TERMINAL OPERATION.
9 (3) A TERMINAL OPERATION SHALL BE REGISTERED WITH THE
10 DEPARTMENT ON AN APPLICATION FORM PROVIDED BY THE DEPARTMENT.
11 (4) REGISTRATION SHALL NOT BE ISSUED UNLESS THE TERMINAL
12 OPERATION HAS BEEN INSPECTED BY THE DIRECTOR AND FOUND TO MEET
13 BOTH OF THE FOLLOWING REQUIREMENTS:
14 (A) A TERMINAL OPERATION IS CONSTRUCTED AND OPERATED TO
15 DETER CATTLE AND GOATS IN THE TERMINAL OPERATION FROM MAKING CON-
16 TACT WITH ANIMALS OTHER THAN THOSE IN THE TERMINAL OPERATION.
17 (B) IF A VEHICLE TRANSPORTING CATTLE AND GOATS FROM A TERMI-
18 NAL OPERATION COMPLETES THE LOAD AT ADDITIONAL FARMS TO LOAD
19 CATTLE AND GOATS, ALL OF WHICH ARE EN ROUTE TO A SLAUGHTER FACIL-
20 ITY, ALL CATTLE AND GOATS MUST REMAIN ON THE VEHICLE AND NO ANI-
21 MALS ARE ALLOWED TO UNLOAD.
22 (5) ABORTED FETUSES AND ANIMALS THAT DIE IN A TERMINAL OPER-
23 ATION SHALL BE DISPOSED OF IN COMPLIANCE WITH SECTION 57 OF THE
24 MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.57, REGARDING BURIAL OF
25 DEAD ANIMALS.
26 (6) IF AN ANIMAL GIVES BIRTH WHILE IN THE TERMINAL
27 OPERATION, BOTH OF THE FOLLOWING APPLY:
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1 (A) THE OFFSPRING ARE RESTRICTED TO THE TERMINAL OPERATION
2 AND MAY LEAVE ONLY AS DESCRIBED IN SUBSECTION (7).
3 (B) THE NEWBORN ANIMAL MUST BE OFFICIALLY IDENTIFIED WITHIN
4 30 DAYS AFTER BIRTH.
5 (7) CATTLE AND GOATS ONLY MAY EXIT A TERMINAL OPERATION BY
6 BEING TRANSPORTED DIRECTLY TO A SLAUGHTERING ESTABLISHMENT,
7 DIRECTLY TO ANOTHER REGISTERED TERMINAL OPERATION, OR THROUGH A
8 LIVESTOCK AUCTION MARKET FOR SLAUGHTER ONLY, OR TO A VETERINARY
9 HOSPITAL OR CLINIC WHERE THE ANIMAL IS NOT COMMINGLED WITH OTHER
10 ANIMALS UNLESS PERMISSION IS GRANTED BY THE DIRECTOR TO MOVE THE
11 CATTLE OR GOATS TO ANOTHER PREMISES. IF CATTLE OR GOATS EXIT A
12 TERMINAL OPERATION THROUGH A LIVESTOCK AUCTION MARKET, THE DIREC-
13 TOR MAY REQUEST VERIFICATION THAT THE ANIMALS WERE SOLD FOR
14 SLAUGHTER AND THAT THE SLAUGHTER OCCURRED 5 DAYS AFTER SALE.
15 MOVING DIRECTLY TO A SLAUGHTERING ESTABLISHMENT OR DIRECTLY TO
16 ANOTHER REGISTERED TERMINAL OPERATION INCLUDES STOPPING AT A
17 PREMISES TO LOAD OTHER ANIMALS BEING TRANSPORTED TO THE SLAUGH-
18 TERING ESTABLISHMENT OR TERMINAL OPERATION WITHOUT UNLOADING ANY
19 ANIMALS.
20 (8) CATTLE AND GOATS IN A TERMINAL OPERATION ARE EXEMPT FROM
21 OFFICIAL BOVINE TUBERCULOSIS SURVEILLANCE AS REQUIRED IN
22 SECTION 9(14).
23 (9) A CONVEYANCE VEHICLE USED TO TRANSPORT CATTLE AND GOATS
24 FROM A TERMINAL OPERATION SHALL BE CLEANED AND DISINFECTED AFTER
25 USE WITH A DISINFECTANT APPLIED IN ACCORDANCE WITH LABEL
26 INSTRUCTIONS.
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1 (10) THE DIRECTOR MAY INSPECT ANY TERMINAL OPERATION AND
2 RECORDS OF THE TERMINAL OPERATION AT ANY REASONABLE TIME TO
3 DETERMINE WHETHER REQUIREMENTS ESTABLISHED BY THIS ACT ARE BEING
4 MET. THE DIRECTOR SHALL MAKE A REASONABLE ATTEMPT TO NOTIFY THE
5 OWNER/OPERATOR BEFORE ANY INSPECTION.
6 (11) TERMINAL OPERATION RECORDS SHALL INCLUDE ALL OF THE
7 FOLLOWING:
8 (A) IDENTIFICATION OF ALL CATTLE AND GOATS. AS USED IN THIS
9 SUBDIVISION, "IDENTIFICATION" MEANS OFFICIAL IDENTIFICATION,
10 INCLUDING ELECTRONIC IDENTIFICATION, OR PERMANENT IDENTIFICATION
11 APPROVED AND SUPPLIED BY THE DIRECTOR.
12 (B) THE DATE CATTLE OR GOATS, OR BOTH, WERE ADDED TO THE
13 TERMINAL OPERATION.
14 (C) THE COMPLETE NAME AND ADDRESS OF THE PERSON OR DEALER
15 FROM WHOM THE CATTLE OR GOATS, OR BOTH, WERE OBTAINED.
16 (D) THE COMPLETE STREET ADDRESS OF THE PREMISES FROM WHICH
17 THE CATTLE OR GOATS, OR BOTH, WERE OBTAINED.
18 (E) THE COMPLETE NAME AND STREET ADDRESS OF THE SLAUGHTER-
19 HOUSE, VETERINARY HOSPITAL OR CLINIC, LIVESTOCK AUCTION MARKET,
20 OR TERMINAL OPERATION WHERE THE CATTLE OR GOATS, OR BOTH, WERE
21 SENT.
22 (F) THE DATE THE CATTLE OR GOATS, OR BOTH, WERE REMOVED FROM
23 THE TERMINAL OPERATION.
24 (12) A TERMINAL OPERATION THAT PURCHASES LIVESTOCK FROM A
25 DEALER MAY PROVIDE THE DEPARTMENT THE NAME OF THE DEALER IN ORDER
26 TO FULFILL THE RECORD REQUIREMENTS IMPOSED UNDER THIS SECTION.
06411'00
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1 Sec. 14. (1) If it is determined by the director that the
2 control or eradication of a disease or condition of livestock
3 warrants the ENTRY ONTO PROPERTY WHERE LIVESTOCK OR DOMESTIC ANI-
4 MALS ARE LOCATED, SEIZURE, slaughter, destruction, or other dis-
5 position of the livestock OR DOMESTIC ANIMALS, the director shall
6 order the ENTRY ONTO PROPERTY WHERE LIVESTOCK OR DOMESTIC ANIMALS
7 ARE LOCATED, SEIZURE, slaughter, destruction, or other disposi-
8 tion of the INDIVIDUAL livestock OR DOMESTIC ANIMALS WITHIN THE
9 HERD, FLOCK, OR SCHOOL OR AN ENTIRE HERD, FLOCK, OR SCHOOL. If
10 the director has signed an order for the slaughter, destruction,
11 or other disposition of livestock OR DOMESTIC ANIMALS, the direc-
12 tor shall notify the attorney general and the house and senate
13 appropriations committees and the department of management and
14 budget on the issue of indemnity under this section. The direc-
15 tor may approve facilities AND PROCEDURES for the orderly dis-
16 posal of animals, animal products, and animal feeds for the pur-
17 pose of controlling or preventing the spread of an infectious,
18 contagious, or toxicological disease. The director may select a
19 site or method for the disposal with the advice of the director
20 of the department of environmental quality.
21 (2) The director may, under rules promulgated by the depart-
22 ment, allow indemnification for the slaughter, destruction, or
23 other disposition of LIVESTOCK OR DOMESTIC animals due to live-
24 stock diseases or toxicological contamination. If the director
25 has signed an order for the slaughter, destruction, or other dis-
26 position of livestock OR DOMESTIC ANIMALS, the owner may apply
27 for indemnification. The director shall appraise and inventory
06411'00
37
1 the condemned livestock OR DOMESTIC ANIMALS. The appraisals and
2 inventories shall be on forms approved by the director. The
3 director shall use state
agricultural
statistical service pric-
4 ing information to
determine the value
of condemned livestock.
5 If state agricultural
statistical
service pricing information is
6 not available, the director
shall use
agricultural pricing
7 information from commercial livestock OR DOMESTIC ANIMAL auction
8 markets and other livestock OR DOMESTIC ANIMAL market information
9 as determined by the director to determine the value of condemned
10 livestock OR DOMESTIC ANIMALS.
11 (3) Except as otherwise provided
in
subsection (5), (3) and
12 until January 1, 2005,
regarding any
quarantine on animals or
13 premises issued after
January 1, 1998,
indemnification FOR INDI-
14 VIDUAL LIVESTOCK OR DOMESTIC ANIMALS WITHIN A HERD, FLOCK, OR
15 SCHOOL shall be based upon 90% of the fair market value of that
16 type of livestock OR DOMESTIC ANIMAL on the date of the appraisal
17 and marketable for the purpose for which the livestock OR DOMES-
18 TIC ANIMAL was intended, not to
exceed
$3,000.00 $4,000.00 for
19 each LIVESTOCK OR DOMESTIC
animal.
except that after January 1,
20 2005, indemnification
shall be based
upon 75% of the fair market
21 value of that type of
livestock on the
date of the appraisal as
22 if the livestock was
grade status and
marketable for the purpose
23 for which the livestock
was intended,
not to exceed $1,250.00 for
24 each animal.
THE APPRAISAL
DETERMINATION SHALL NOT DELAY THE
25 SLAUGHTER, DESTRUCTION, OR DISPOSITION OF THE LIVESTOCK OR DOMES-
26 TIC ANIMALS. The
indemnification amount
under this section
27 SUBSECTION shall include a deduction for any compensation
06411'00
38
1 received, or to be received, from any other source including, but
2 not limited to, indemnification by the United States department
3 of agriculture, insurance, salvage value, or any monetary value
4 obtained to encourage disposal of infected or exposed livestock
5 OR DOMESTIC ANIMALS in accordance with a disease control or erad-
6 ication program. The owner shall furnish to the department all
7 records indicating other sources of indemnity. An affidavit
8 signed by the owner attesting to the amount of compensation for
9 the livestock received or to be received from any other source
10 shall accompany the appraisal
certificate prior to BEFORE
11 indemnification under this section.
12 (4) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (5), INDEMNI-
13 FICATION FOR ENTIRE HERD, FLOCK, OR SCHOOL DEPOPULATIONS OF LIVE-
14 STOCK OR DOMESTIC ANIMALS SHALL BE BASED UPON 90% OF THE FAIR
15 MARKET VALUE OF THAT TYPE OF ANIMAL ON THE DATE OF THE APPRAISAL
16 AND MARKETABLE FOR THE PURPOSE FOR WHICH THE LIVESTOCK OR DOMES-
17 TIC ANIMAL WAS INTENDED, NOT TO EXCEED AN AVERAGE OF $4,000.00
18 PER ANIMAL IN THE FLOCK, HERD, OR SCHOOL. THE APPRAISAL DETERMI-
19 NATION SHALL NOT DELAY DEPOPULATION. THE INDEMNIFICATION AMOUNT
20 UNDER THIS SECTION SHALL INCLUDE A DEDUCTION FOR ANY COMPENSATION
21 RECEIVED, OR TO BE RECEIVED, FROM ANY OTHER SOURCE INCLUDING, BUT
22 NOT LIMITED TO, INDEMNIFICATION BY THE UNITED STATES DEPARTMENT
23 OF AGRICULTURE, INSURANCE, SALVAGE VALUE, OR ANY MONETARY VALUE
24 OBTAINED TO ENCOURAGE DISPOSAL OF INFECTED OR EXPOSED LIVESTOCK
25 OR DOMESTIC ANIMALS IN ACCORDANCE WITH A DISEASE CONTROL OR ERAD-
26 ICATION PROGRAM. THE OWNER SHALL FURNISH TO THE DEPARTMENT ALL
27 RECORDS INDICATING OTHER SOURCES OF INDEMNITY. AN AFFIDAVIT
06411'00
39
1 SIGNED BY THE OWNER ATTESTING TO THE AMOUNT OF COMPENSATION FOR
2 THE LIVESTOCK OR DOMESTIC ANIMALS RECEIVED, OR TO BE RECEIVED,
3 FROM ANY OTHER SOURCE SHALL ACCOMPANY THE APPRAISAL CERTIFICATE
4 PRIOR TO INDEMNIFICATION UNDER THIS SECTION.
5 (5) (3)
The department may
provide for indemnity pursuant
6 to this section not to exceed
$10,000.00 $100,000.00 per order,
7 from any line item in the annual budget for the department in the
8 applicable fiscal year. Any
agreement
greater than $10,000.00
9 $100,000.00 entered into between the department and an owner of
10 livestock shall contain a provision indicating that, notwith-
11 standing the terms of the agreement, indemnification shall be
12 subject to specific appropriations by the legislature and not be
13 paid from department funds.
14 (4) Acceptance of
indemnification
under this section does
15 not enlarge or diminish
the owner's
civil remedy against a person
16 responsible for the
owner's loss except
that acceptance of the
17 indemnity constitutes a
release of the
claim of the owner against
18 the state.
19 (6) ACCEPTANCE OF COMPENSATION UNDER THIS ACT CONSTITUTES A
20 FULL AND COMPLETE RELEASE OF ANY CLAIM, OF WHATEVER NATURE, THE
21 OWNER HAS AGAINST THE STATE OF MICHIGAN, ITS DEPARTMENTS, AGEN-
22 CIES, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS TO THE EXTENT
23 THESE PERSONS WERE ACTING ON BEHALF OF THE STATE, WITHIN THE
24 SCOPE OF THEIR EMPLOYMENT WITH THE STATE OR UNDER THE DIRECTION
25 OF THE STATE, ITS DEPARTMENTS, AGENCIES, OFFICERS, OR EMPLOYEES,
26 ARISING OUT OF TESTING, PURCHASE, REMOVAL, SLAUGHTER,
27 DESTRUCTION, AND OTHER DISPOSITION OF THE OWNER'S ANIMALS.
06411'00
40
1 (7) (5)
The right to indemnity
from the state for animals
2 condemned and ordered slaughtered, destroyed, or otherwise dis-
3 posed of by the director applies only to native livestock AND
4 NATIVE DOMESTIC ANIMALS. Indemnification shall not apply to
5 livestock OR DOMESTIC ANIMALS determined by the department to be
6 imported without meeting import requirements such as official
7 interstate health certificate or official interstate certificate
8 of veterinary inspection, required testing, required vaccination,
9 or for livestock OR DOMESTIC ANIMALS determined by the department
10 to have been illegally moved within this state. An owner is not
11 entitled to indemnity from the state for an animal that comes
12 into the possession of the owner with the owner's knowledge that
13 the animal is diseased or is suspected of having been exposed to
14 an infectious, contagious, or toxicological disease. In addi-
15 tion, the director shall not indemnify an owner for animals that
16 have been exposed to an animal that comes in to the possession of
17 the owner with the owner's knowledge that the animal is diseased
18 or is suspected of having been exposed to an infectious, conta-
19 gious, or toxicological disease.
20 (8) (6)
A premises that has been
depopulated shall be
21 cleaned and disinfected as prescribed by the director.
22 (9) (7)
Repopulation of the
premises, except as approved
23 by the director, shall not confer eligibility for future indem-
24 nity under this section.
25 (10) (8)
The department may
cooperate and coordinate with
26 the secretary of the United States department of agriculture or
27 the secretary's authorized representative or other governmental
06411'00
41
1 departments or agencies regarding indemnification under this
2 section.
3 Sec. 15. (1) The state shall not indemnify an owner of
4 livestock OR DOMESTIC ANIMALS for the loss of the livestock OR
5 DOMESTIC ANIMALS due to an infectious, contagious, or toxicologi-
6 cal disease until the owner executes and signs a subrogation
7 agreement assigning to the state the rights of the owner to a
8 cause of action to recover damages for the loss up to the amount
9 of indemnification paid to the owner under this act, and presents
10 all necessary documents, including registration papers, a state-
11 ment of names and addresses of all persons to whom or from whom
12 the owner has transferred LIVESTOCK OR DOMESTIC animals within a
13 time period determined by the director, and signed permission
14 allowing the breed association to disclose information requested
15 by the director.
16 (2) The attorney general may bring a civil or criminal
17 action against a person responsible for unlawfully introducing an
18 infectious, contagious, or toxicological disease into animals,
19 animal products, or animal feeds in this state.
20 Sec. 16. (1) Livestock ordered to be slaughtered,
21 destroyed, or otherwise disposed of by the director because of
22 tuberculosis shall be branded on the left hip with a letter "T"
23 not less than 2 inches high, and a tag designated as a reactor
24 tag by the director shall be placed in the left ear.
25 Tuberculosis reactor cattle,
and
bison, AND GOATS AS DEFINED IN
26 TITLE 9 OF THE CODE OF FEDERAL REGULATIONS AND THE BOVINE
27 TUBERCULOSIS ERADICATION: UNIFORM METHODS AND RULES EFFECTIVE
06411'00
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1 JANUARY 22, 1999, APPROVED BY VETERINARY SERVICES OF THE ANIMAL
2 AND PLANT HEALTH INSPECTION SERVICE OF THE UNITED STATES DEPART-
3 MENT OF AGRICULTURE, AND ALL AMENDMENTS TO THOSE PUBLICATIONS
4 THEREAFTER ADOPTED PURSUANT TO RULES THAT THE DIRECTOR MAY
5 PROMULGATE shall also be identified by a permanent and legible
6 tuberculosis tattoo and spray of yellow paint on the left ear.
7 The director may refrain from the branding, TATTOOING, EAR PAINT-
8 ING, AND REACTOR TAGGING if slaughter, destruction, or other dis-
9 position of the entire herd is under the director's direct con-
10 trol OR IF INDIVIDUAL ANIMALS ARE SENT TO A DIAGNOSTIC LABORATORY
11 OR TO DISPOSAL UNDER AN OFFICIAL SEAL AND SECURED TRANSPORT
12 LIMIT.
13 (2) TUBERCULOSIS REACTOR CATTLE, BISON, GOATS, AND PRIVATELY
14 OWNED CERVIDS AS DEFINED IN TITLE 9 OF THE CODE OF FEDERAL REGU-
15 LATIONS AND THE BOVINE TUBERCULOSIS ERADICATION: UNIFORM METHODS
16 AND RULES EFFECTIVE JANUARY 22, 1999, APPROVED BY VETERINARY
17 SERVICES OF THE ANIMAL AND PLANT HEALTH INSPECTION SERVICE OF THE
18 UNITED STATES DEPARTMENT OF AGRICULTURE, AND ALL AMENDMENTS TO
19 THOSE PUBLICATIONS THEREAFTER ADOPTED PURSUANT TO RULES THAT THE
20 DIRECTOR MAY PROMULGATE SHALL REMAIN ON THE PREMISES WHERE THEY
21 WERE LOCATED UNTIL A STATE OR FEDERAL PERMIT FOR MOVEMENT HAS
22 BEEN OBTAINED. MOVEMENT FOR DESTRUCTION SHALL BE WITHIN 15 DAYS
23 AFTER CLASSIFICATION AS A REACTOR.
24 (3) (2)
Livestock ordered to be
slaughtered, destroyed, or
25 otherwise disposed of by the director because of brucellosis
26 shall be branded on the left hip with a letter "B" not less than
27 2 inches high, and a tag designated as a reactor tag by the
06411'00
43
1 director shall be placed in the left ear. An exposed animal in a
2 brucellosis infected or quarantined herd shall be branded on the
3 left hip with a letter "S" not less than 2 inches high before a
4 permit shall be issued to slaughter, destroy, or otherwise dis-
5 pose of the animal for slaughter. The director may refrain from
6 the branding and identification if slaughter, destruction, or
7 other disposition of the entire herd is under the director's
8 direct control OR IF INDIVIDUAL ANIMALS ARE SENT TO A DIAGNOSTIC
9 LABORATORY OR TO DISPOSAL UNDER AN OFFICIAL SEAL AND SECURED
10 TRANSPORT LIMIT.
11 (4) (3)
Livestock ordered
slaughtered, destroyed, or oth-
12 erwise disposed of for infectious, contagious, or toxicological
13 diseases other than tuberculosis or brucellosis shall be identi-
14 fied and slaughtered, destroyed, or otherwise disposed of in a
15 manner approved by the director.
16 Sec. 19. (1) Livestock imported into this state shall MEET
17 ANY AND ALL REQUIREMENTS UNDER APPROPRIATE PROVISIONS OF THIS ACT
18 AND SHALL be accompanied by 1 of the following:
19 (a) An official interstate health certificate.
20 (b) An official interstate certificate of veterinary
21 inspection.
22 (c) An owner-shipper statement or sales invoice if consigned
23 directly to slaughter, or if nonnative neutered cattle imported
24 directly to a cattle importation lot.
25 (d) A "report of sales of hatching eggs, chicks, and poults"
26 (vs form 9-3) for participants in the national poultry
27 improvement plan.
06411'00
44
1 (e) A "permit for movement of restricted animals" (vs form
2 1-27), if prior approval is granted by the director.
3 (f) A fish disease
inspection
report for aquaculture only.
4 (F) (g)
Permission from the
director.
5 (2) Brucellosis or tuberculosis officially classified sus-
6 pect or reactor cattle shall not be imported into this state.
7 (3) A person shall not import or move intrastate livestock
8 known to be affected with or exposed to tuberculosis or brucello-
9 sis, as determined by an official test, without permission of the
10 director.
11 (4) The director may require that a prior entry permit be
12 obtained for certain classifications of livestock.
13 (5) It shall be the responsibility of the consignee or
14 dealer licensed pursuant
to Act No. 284
of the Public Acts of
15 1937, being sections
287.121 to 287.131
of the Michigan Compiled
16 Laws, to
ensure the requirements for
official interstate OR
17 INTRASTATE health certificate, official interstate OR INTRASTATE
18 certificate of veterinary inspection, ANIMAL MOVEMENT
19 CERTIFICATE, owner-shipper statement, sales invoice, "report of
20 sales of hatching eggs, chicks, and poults" (vs form 9-3),
21 "permit for movement of restricted animals" (vs form 1-27), or
22 prior entry permit have been fulfilled and a true copy is pro-
23 vided to the director upon request.
24 (6) (5)
Livestock shall not be
diverted to premises other
25 than the destination site named on the official interstate OR
26 INTRASTATE health certificate, official interstate OR INTRASTATE
27 certificate of veterinary inspection, owner-shipper statement,
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45
1 sale invoice, ENTRY AUTHORIZATION FORM, EXIT AUTHORIZATION FORM,
2 PRIOR MOVEMENT FORM, vs form 9-3, or vs form 1-27.
3 (7) (6)
Out-of-state livestock
for exhibition shall meet
4 the requirements prescribed by this act for importation of breed-
5 ing animals of that species and shall be accompanied by a copy of
6 an official interstate health certificate or an official inter-
7 state certificate of veterinary inspection issued by an accredi-
8 ted veterinarian from the state of origin.
9 (8) (7)
The director may refuse
entry into this state of
10 livestock that the director has reason to believe may pose a
11 threat to the public health or health of livestock. Livestock
12 imported into this state shall not originate from a herd under
13 quarantine unless accompanied by permission issued by the
14 director. The director may waive specific requirements if it is
15 determined that livestock imported from a certain area or state
16 are not a threat to the public health or health of livestock.
17 (9) (8)
If the director
determines that there is a threat
18 to public health or a threat to the health of animals in this
19 state, the director may require additional testing and vaccina-
20 tion requirements for animals imported or to be imported into
21 this state.
22 Sec. 20. (1) An official interstate OR INTRASTATE health
23 certificate or official interstate OR INTRASTATE certificate of
24 veterinary inspection shall be prepared and signed by an accredi-
25 ted veterinarian in the state of origin for animals requiring
26 such a certificate and being imported into this state OR BEING
27 MOVED FROM 1 PREMISES TO ANOTHER PREMISES WITHIN THIS STATE. An
06411'00
46
1 official interstate OR INTRASTATE health certificate or official
2 interstate OR INTRASTATE certificate of veterinary inspection for
3 animals being imported to or exported from this state OR BEING
4 MOVED FROM 1 PREMISES TO ANOTHER PREMISES WITHIN THIS STATE WHEN
5 REQUIRED shall include all of the following:
6 (a) The complete names and addresses of the consignor and
7 consignee and the destination address if different from the con-
8 signee address.
9 (b) A description of the animals by breed, sex, and age, and
10 a signed certification by the consignor that the animals in the
11 shipment are those described on the certificate. The director
12 may require that certain classifications of animals be individu-
13 ally officially identified by ear tag, tattoo, brand, or regis-
14 tration number.
15 (c) The date of examination of the animals by the accredited
16 veterinarian preparing the certificate.
17 (d) The intended use of the livestock, including use for
18 dairy, breeding, feeding or grazing, or immediate slaughter.
19 (e) The health status of the animals by recording the
20 results of the required tests, required vaccinations, and any
21 other data concerning the health of the animals including herd or
22 state disease-free status. The accredited veterinarian preparing
23 the certificate shall certify that the animals are free from
24 clinical signs of infectious, contagious, or toxicological
25 diseases.
26 (f) The prior entry permit issued by the director, if a
27 prior entry permit is required.
06411'00
47
1 (2) A copy of the official interstate OR INTRASTATE health
2 certificate or official interstate OR INTRASTATE certificate of
3 veterinary inspection for livestock being exported from this
4 state OR FOR LIVESTOCK BEING MOVED FROM 1 PREMISES TO ANOTHER
5 PREMISES WITHIN THIS STATE shall be forwarded by the issuing
6 accredited veterinarian to the state veterinarian within 10 work-
7 ing days after the date of issuance.
8 (3) Livestock delivered directly to a slaughter plant shall
9 be slaughtered within 5 days except for swine which shall be
10 slaughtered within 48 hours. Livestock for slaughter delivered
11 to a livestock auction market as
defined
in Act No. 284 of the
12 Public Acts of 1937,
being sections
287.121 to 277.131 of the
13 Michigan Compiled
Laws 1937 PA 284, MCL
287.121 TO 287.131,
14 shall be slaughtered within 10 days.
15 Sec. 23. (1) Except as exempted in section 24 OR AS DETER-
16 MINED APPROPRIATE BY THE DIRECTOR, cattle entering this state
17 shall meet 1 or more of the following requirements:
18 (a) Originate directly from an accredited bovine
19 tuberculosis-free state OR BOVINE TUBERCULOSIS FREE ZONE as
20 defined in title 9 of the code of federal regulations and the
21 bovine tuberculosis eradication: uniform methods and rules,
22 effective February 3,
1989 JANUARY 22,
1999, approved by veter-
23 inary services of the animal and plant health inspection service
24 of the United States department of agriculture, and all amend-
25 ments to those publications thereafter adopted pursuant to rules
26 that the director may promulgate.
06411'00
48
1 (b) Originate directly from an accredited bovine
2 tuberculosis-free herd as defined in title 9 of the code of
3 federal regulations and the bovine tuberculosis eradication:
4 uniform methods and rules, effective
February 3, 1989
5 JANUARY 22, 1999, approved by veterinary services of the animal
6 and plant health inspection service of the United States depart-
7 ment of agriculture, and all amendments to those publications
8 thereafter adopted pursuant to rules that the director may
9 promulgate.
10 (c) Have a negative
tuberculosis
test within 60 days before
11 importation.
IN THE CASE OF CATTLE NOT
MEETING THE REQUIREMENTS
12 OF SUBDIVISION (A) OR (B), ORIGINATE FROM A STATE OR ZONE WHOSE
13 BOVINE TUBERCULOSIS STATUS IS LESS THAN ACCREDITED FREE AS
14 DEFINED IN TITLE 9 OF THE CODE OF FEDERAL REGULATIONS AND THE
15 BOVINE TUBERCULOSIS ERADICATION: UNIFORM METHODS AND RULES
16 EFFECTIVE JANUARY 22, 1999, APPROVED BY VETERINARY SERVICES OF
17 THE ANIMAL AND PLANT HEALTH INSPECTION SERVICE OF THE UNITED
18 STATES DEPARTMENT OF AGRICULTURE, AND ALL AMENDMENTS TO THOSE
19 PUBLICATIONS THEREAFTER ADOPTED PURSUANT TO RULES THAT THE DIREC-
20 TOR MAY PROMULGATE. THE CATTLE SHALL ORIGINATE FROM A HERD THAT
21 HAS HAD A NEGATIVE OFFICIAL WHOLE HERD TEST AS DEFINED IN
22 SECTION 12B WITHIN THE PRECEDING 12 MONTHS AND THE INDIVIDUAL
23 CATTLE BEING IMPORTED SHALL HAVE HAD A NEGATIVE OFFICIAL TEST FOR
24 BOVINE TUBERCULOSIS WITHIN 60 DAYS BEFORE ENTRY.
25 (2) Female cattle over 19 months of age THAT ARE OFFICIALLY
26 VACCINATED AGAINST BRUCELLOSIS and bulls AND FEMALE CATTLE NOT
27 OFFICIALLY VACCINATED AGAINST BRUCELLOSIS THAT ARE over 6 months
06411'00
49
1 of age shall test negative to an official brucellosis test within
2 30 days before importation or originate directly from a certified
3 brucellosis-free herd or originate directly from a state which
4 has maintained, for the previous 6 consecutive years prior to
5 importation, certified brucellosis class free state status as
6 defined in title 9 of the code of federal regulations and the
7 brucellosis eradication: uniform methods and rules, effective
8 May 6, 1992
FEBRUARY 1, 1998, approved
by veterinary services
9 of the animal and plant health inspection service of the United
10 States department of agriculture, and all amendments to those
11 publications thereafter adopted pursuant to rules that the direc-
12 tor may promulgate.
13 (3) Female cattle
over 4 months of
age shall be officially
14 calfhood vaccinated
against brucellosis
and the vaccination
15 tattoo shall be visibly
present unless
originating directly from
16 a state which has
maintained, for the
previous 6 consecutive
17 years prior to
importation, certified
brucellosis class free
18 state status as defined in
title 9 of
the code of federal regula-
19 tions and the brucellosis
eradication:
uniform methods and
20 rules, effective May 6,
1992, approved
by veterinary services of
21 the animal and plant
health inspection
service of the United
22 States department of
agriculture, and
all amendments to those
23 publications thereafter
adopted pursuant
to rules that the direc-
24 tor may promulgate.
The vaccination
status and vaccination
25 tattoo shall be recorded
on the official
interstate health cer-
26 tificate or official
interstate
certificate of veterinary
27 inspection. The
vaccination tattoo
shall be observed by the
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50
1 accredited veterinarian
preparing the
certificate and shall be
2 considered legible if the
letter "V",
surrounded by a
3 U.S. registered shield,
can be
identified.
4 (3) (4) All cattle shall
have a
prior entry permit except
5 as specifically exempted
in section 24.
Female dairy or breeding
6 cattle over 19 months of age or bulls over 6 months of age
7 imported from states classified brucellosis B and C by the United
8 States department of agriculture shall be quarantined at the
9 destination. Unless otherwise provided for by the director,
10 female cattle over 19 months of age and bulls over 6 months of
11 age imported from states classified brucellosis B and C by the
12 United States department of agriculture, shall test negative to
13 an official brucellosis test not sooner than 45 days nor more
14 than 120 days after movement to the destination for release from
15 quarantine. The dairy or breeding cattle shall not be sold or
16 moved from the premises where they are quarantined, without per-
17 mission from the director.
18 Sec. 26. (1) Equine shall test negative to an official test
19 for equine infectious anemia within 180 days before importation
20 and be accompanied by an official interstate health certificate
21 or official interstate certificate of veterinary inspection.
22 (2) THIS SECTION IS REPEALED EFFECTIVE JANUARY 1, 2001.
23 SEC. 26A. (1) AS USED IN THIS SECTION:
24 (A) "AGAR GEL IMMUNODIFFUSION TEST (AGID)" MEANS AN OFFICIAL
25 LABORATORY TEST FOR DIAGNOSIS OF EQUINE INFECTIOUS ANEMIA IN
26 WHICH PRECIPITATES ARE FORMED BY COMBINATION OF EQUINE INFECTIOUS
06411'00
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1 ANEMIA ANTIGENS AND ANTIBODIES THAT DIFFUSE THROUGH GEL AND IS
2 ALSO KNOWN AS THE COGGINS TEST.
3 (B) "APPROVED LABORATORY" MEANS A STATE, FEDERAL, OR PRIVATE
4 VETERINARY DIAGNOSTIC LABORATORY APPROVED BY THE UNITED STATES
5 DEPARTMENT OF AGRICULTURE, ANIMAL AND PLANT HEALTH INSPECTION
6 SERVICE, VETERINARY SERVICES TO CONDUCT APPROVED OFFICIAL LABORA-
7 TORY TESTS FOR EQUINE INFECTIOUS ANEMIA.
8 (C) "CALENDAR YEAR" MEANS THE CURRENT 12-MONTH PERIOD COM-
9 MENCING WITH JANUARY 1 AND ENDING DECEMBER 31.
10 (D) "CHANGE OF OWNERSHIP" MEANS A TRANSFER OF OWNERSHIP OF
11 EQUINES FROM 1 PERSON TO ANOTHER PERSON EITHER THROUGH SELLING,
12 BARTERING, TRADING, LEASING, OR DONATING THE EQUINE.
13 (E) "EQUINE HERD" MEANS ANY OF THE FOLLOWING:
14 (i) ALL ANIMALS OF THE FAMILY EQUIDAE UNDER COMMON OWNERSHIP
15 OR SUPERVISION THAT ARE GROUPED ON 1 OR MORE PARTS OF ANY SINGLE
16 PREMISES, LOT, FARM, OR RANCH.
17 (ii) ALL ANIMALS OF THE FAMILY EQUIDAE UNDER COMMON OWNER-
18 SHIP OR SUPERVISION ON 2 OR MORE PREMISES THAT ARE GEOGRAPHICALLY
19 SEPARATED BUT IN WHICH THE EQUINES HAVE BEEN INTERCHANGED OR HAD
20 CONTACT WITH EQUINES FROM DIFFERENT PREMISES.
21 (iii) ALL ANIMALS OF THE FAMILY EQUIDAE ON COMMON PREMISES,
22 SUCH AS COMMUNITY PASTURES OR GRAZING ASSOCIATION UNITS, BUT
23 OWNED BY DIFFERENT PERSONS.
24 (F) "EQUINE INFECTIOUS ANEMIA" MEANS AN INFECTIOUS DISEASE
25 OF EQUINES CAUSED BY A LENTIVIRUS, EQUINE INFECTIOUS ANEMIA
26 VIRUS.
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52
1 (G) "EQUINE INFECTIOUS ANEMIA LABORATORY TEST FORM" MEANS
2 THE OFFICIAL FEDERAL GOVERNMENT FORM, VETERINARY SERVICES
3 FORM 10-11, REQUIRED TO SUBMIT BLOOD SAMPLES TO AN APPROVED LABO-
4 RATORY FOR EQUINE INFECTIOUS ANEMIA TESTING.
5 (H) "EQUINE INFECTIOUS ANEMIA TEST POSITIVE EQUINE" MEANS
6 ANY ANIMAL OF THE FAMILY EQUIDAE THAT HAS BEEN SUBJECTED TO AN
7 OFFICIAL EQUINE INFECTIOUS ANEMIA TEST WHOSE RESULT IS POSITIVE
8 FOR EQUINE INFECTIOUS ANEMIA.
9 (I) "EXPOSED EQUINE" MEANS ANIMALS IN THE FAMILY EQUIDAE
10 THAT HAVE BEEN EXPOSED TO EQUINE INFECTIOUS ANEMIA BY REASON OF
11 ASSOCIATING WITH EQUINES KNOWN OR LATER FOUND TO BE AFFECTED WITH
12 THIS DISEASE.
13 (J) "OFFICIAL EQUINE INFECTIOUS ANEMIA TEST" MEANS ANY TEST
14 FOR THE LABORATORY DIAGNOSIS OF EQUINE INFECTIOUS ANEMIA THAT
15 UTILIZES A DIAGNOSTIC PRODUCT THAT IS BOTH OF THE FOLLOWING:
16 (i) PRODUCED UNDER LICENSE FROM THE SECRETARY OF AGRICULTURE
17 OF THE UNITED STATES DEPARTMENT OF AGRICULTURE OR THE SECRETARY'S
18 AUTHORIZED REPRESENTATIVE, UNDER CHAPTER 145, 37 STAT. 832,
19 21 U.S.C. 151, 154, 154a, 157, AND 159, POPULARLY KNOWN AS THE
20 VIRUS-SERUM-TOXIN ACT OF MARCH 4, 1913.
21 (ii) CONDUCTED IN AN APPROVED LABORATORY.
22 (K) "PERMIT" MEANS AN OFFICIAL DOCUMENT, VS FORM 1-27 OR
23 COMPARABLE STATE FORM, THAT IS ISSUED BY A STATE OR FEDERAL REP-
24 RESENTATIVE OR BY AN ACCREDITED VETERINARIAN, REQUIRED TO ACCOM-
25 PANY ALL EQUINE INFECTIOUS ANEMIA TEST POSITIVE EQUINE AND THOSE
26 EQUINE INFECTIOUS ANEMIA-EXPOSED EQUINES THAT ARE BEING MOVED
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53
1 UNDER OFFICIAL SEAL DURING THEIR MOVEMENT TO THE SPECIFIED
2 DESTINATION.
3 (l) "PUBLIC HIGHWAYS, ROADS, OR STREETS" MEANS STATE HIGH-
4 WAY; COUNTY OR TOWNSHIP ROADS; CITY OR VILLAGE STREETS; OR
5 MICHIGAN INSTITUTIONAL ROADS AS DEFINED IN 1951 PA 51,
6 MCL 247.651 TO 247.675.
7 (M) "RESTRICTED EQUINES" MEANS EQUINE INFECTIOUS ANEMIA TEST
8 POSITIVE EQUINE OR EQUINE EXPOSED TO EQUINE INFECTIOUS ANEMIA
9 TEST POSITIVE EQUINE.
10 (2) ALL EQUINES BEING MOVED INTO MICHIGAN FROM OTHER STATES
11 MUST HAVE HAD AN OFFICIAL EQUINE INFECTIOUS ANEMIA TEST WITH A
12 NEGATIVE RESULT WITHIN THE CALENDAR YEAR OR THE PREVIOUS 30 DAYS
13 BEFORE ENTRY AND MUST BE ACCOMPANIED BY AN OFFICIAL INTERSTATE
14 HEALTH CERTIFICATE OR OFFICIAL INTERSTATE CERTIFICATE OF VETERI-
15 NARY INSPECTION DOCUMENTING THE DATE, LABORATORY, ACCESSION
16 NUMBER, AND RESULTS OF THE LATEST EQUINE INFECTIOUS ANEMIA TEST,
17 SIGNED BY AN ACCREDITED VETERINARIAN.
18 (3) ALL EQUINES ENTERED IN EXHIBITIONS, EXPOSITIONS, OR
19 FAIRS MUST HAVE HAD AN OFFICIAL EQUINE INFECTIOUS ANEMIA TEST
20 WITH A NEGATIVE RESULT WITHIN THE CALENDAR YEAR OR THE PREVIOUS
21 30 DAYS WHICH IS DOCUMENTED ON THE EQUINE INFECTIOUS ANEMIA LABO-
22 RATORY TEST FORM. A FAIR, EXHIBITION, EXPOSITION, OR SHOW
23 AUTHORITY IS RESPONSIBLE FOR ASSURING THAT ALL PARTICIPATING
24 EQUINES ARE TEST-NEGATIVE FOR EQUINE INFECTIOUS ANEMIA.
25 (4) ALL EQUINES, BEFORE CHANGE OF OWNERSHIP WITHIN THE
26 STATE, MUST HAVE HAD AN OFFICIAL EQUINE INFECTIOUS ANEMIA TEST
27 WITH A NEGATIVE RESULT WITHIN THE CALENDAR YEAR OR PREVIOUS
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54
1 30 DAYS. ALL CHANGE OF OWNERSHIP TRANSACTIONS MUST BE
2 ACCOMPANIED BY A CERTIFICATE SIGNED BY AN ACCREDITED VETERINARIAN
3 DOCUMENTING THE DATE, LABORATORY, ACCESSION NUMBER, AND RESULTS
4 OF THE LATEST EQUINE INFECTIOUS ANEMIA TEST OR BY AN EQUINE
5 INFECTIOUS ANEMIA LABORATORY TEST FORM.
6 (5) ALL EQUINES ENTERING HORSE AUCTIONS OR SALES MARKETS
7 LICENSED UNDER 1974 PA 93, MCL 287.111 TO 287.119, AND 1937
8 PA 284, MCL 287.121 TO 287.131, MUST HAVE AN OFFICIAL EQUINE
9 INFECTIOUS ANEMIA TEST WITH A NEGATIVE RESULT WITHIN THE CALENDAR
10 YEAR OR PREVIOUS 30 DAYS BEFORE SALE. IF AN EQUINE INFECTIOUS
11 ANEMIA TEST IS NOT POSSIBLE BEFORE EACH SALE, THEN THE EQUINES
12 MUST BE HELD ON THE SALE PREMISES UNTIL THE TEST RESULTS ARE
13 KNOWN.
14 (6) EQUINES TRANSPORTED OR PROVIDING TRANSPORTATION ON
15 PUBLIC HIGHWAYS, ROADS, OR STREETS MUST HAVE AN OFFICIAL EQUINE
16 INFECTIOUS ANEMIA TEST WITH A NEGATIVE RESULT WITHIN THE CALENDAR
17 YEAR OR PREVIOUS 30 DAYS.
18 (7) THE DIRECTOR SHALL QUARANTINE EQUINES THAT TEST POSITIVE
19 TO AN OFFICIAL EQUINE INFECTIOUS ANEMIA TEST AND THEIR HERD OF
20 ORIGIN. EQUINES THAT TEST POSITIVE TO AN OFFICIAL EQUINE INFEC-
21 TIOUS ANEMIA TEST MAY, WITH APPROVAL FROM THE DIRECTOR, BE MOVED
22 OR QUARANTINED TO A PREMISES THAT CONFINES THEM A MINIMUM OF
23 1 QUARTER MILE AWAY FROM ANY OTHER EQUINE. EQUINES THAT TEST
24 POSITIVE TO AN OFFICIAL EQUINE INFECTIOUS ANEMIA TEST MAY, WITH
25 APPROVAL FROM THE DIRECTOR, BE SEGREGATED AND QUARANTINED IN AN
26 INSECT-FREE ENCLOSURE AS DETERMINED BY THE DIRECTOR.
06411'00
55
1 (8) THE OWNER OR AGENT OF AN EQUINE HERD THAT IS THE SOURCE
2 OF AN EQUINE INFECTIOUS ANEMIA TEST POSITIVE EQUINE SHALL ALLOW
3 THE DIRECTOR TO TEST, IN ACCORDANCE WITH THE FOLLOWING SCHEDULE,
4 THE COMPLETE SOURCE HERD WITH AN OFFICIAL EQUINE INFECTIOUS
5 ANEMIA TEST AFTER THE OFFICIAL EQUINE INFECTIOUS ANEMIA TEST POS-
6 ITIVE EQUINE HAVE BEEN REMOVED OR SEGREGATED FROM THE HERD IN A
7 MANNER APPROVED BY THE DIRECTOR:
8 (A) BETWEEN NOVEMBER 1 AND APRIL 30, A SOURCE HERD MAY BE
9 TESTED AT ANY TIME AND QUALIFY FOR QUARANTINE RELEASE IF ALL
10 TESTED EQUINE ARE NEGATIVE TO AN OFFICIAL EQUINE INFECTIOUS
11 ANEMIA TEST.
12 (B) BETWEEN MAY 1 AND OCTOBER 31, A SOURCE HERD MAY BE
13 TESTED AFTER WAITING A MINIMUM OF 45 DAYS AFTER THE OFFICIAL
14 EQUINE INFECTIOUS ANEMIA TEST POSITIVE EQUINE HAVE BEEN REMOVED
15 OR SEGREGATED FROM THE HERD. IF ALL EQUINE TESTED ARE NEGATIVE
16 TO THE OFFICIAL EQUINE INFECTIOUS ANEMIA TEST, THE QUARANTINE MAY
17 BE RELEASED.
18 (9) THE DIRECTOR MAY CONDUCT EPIDEMIOLOGICAL INVESTIGATIONS
19 ON ALL EQUINE THAT HAVE POSSIBLE EXPOSURE TO OFFICIAL EQUINE
20 INFECTIOUS ANEMIA TEST POSITIVE EQUINE TO DETERMINE THE NEED FOR
21 ADDITIONAL QUARANTINING AND OFFICIAL EQUINE INFECTIOUS ANEMIA
22 TESTING.
23 (10) OFFICIAL EQUINE INFECTIOUS ANEMIA TEST POSITIVE EQUINE
24 SHALL NOT BE DESTROYED OR REMOVED FROM THE ORIGINAL TEST LOCATION
25 OR PREMISES WITHOUT PRIOR PERMISSION FROM THE DIRECTOR.
26 (11) IF THE OWNER CHOOSES TO DESTROY THE OFFICIAL EQUINE
27 INFECTIOUS ANEMIA TEST POSITIVE EQUINE, PERMISSION SHALL FIRST BE
06411'00
56
1 OBTAINED FROM THE DIRECTOR. THE DIRECTOR SHALL ISSUE A
2 QUARANTINE RELEASE AND BE PRESENT WHEN THE EQUINE ARE DESTROYED
3 OR AN ACCREDITED VETERINARIAN MAY DOCUMENT AND CERTIFY THAT THE
4 OFFICIAL EQUINE INFECTIOUS ANEMIA TEST POSITIVE EQUINE HAS BEEN
5 DESTROYED.
6 (12) UNLESS IMMEDIATELY DESTROYED, OFFICIAL EQUINE INFEC-
7 TIOUS ANEMIA TEST POSITIVE EQUINE SHALL BE IDENTIFIED BY THE
8 DIRECTOR WITH THE FREEZE BRAND 34A, WHICH SHALL BE IN CHARACTERS
9 NOT LESS THAN 2 INCHES IN HEIGHT AND PLACED ON THE LEFT CERVICAL
10 AREA OF THE NECK OR SHALL BE IDENTIFIED IN ANOTHER MANNER
11 APPROVED BY THE DIRECTOR.
12 (13) RESTRICTED EQUINES MAY MOVE INTERSTATE ONLY IF ACCOM-
13 PANIED BY A PERMIT LISTING THE OWNER'S NAME AND ADDRESS, POINTS
14 OF ORIGIN AND DESTINATION, NUMBER OF EQUINES INCLUDED, PURPOSE OF
15 THE MOVEMENT, AND AT LEAST EITHER THE INDIVIDUAL EQUINE REGIS-
16 TERED BREED ASSOCIATION REGISTRATION TATTOO OR THE INDIVIDUAL
17 EQUINE REGISTERED BREED ASSOCIATION REGISTRATION NUMBER, OR OTHER
18 UNIQUE OFFICIAL IDENTIFICATION. THE PERMIT SHALL ALSO LIST THE
19 ANIMAL'S NAME, AGE, SEX, BREED, COLOR, AND MARKINGS.
20 (14) EQUINE INFECTIOUS ANEMIA TEST POSITIVE EQUINE MAY ONLY
21 MOVE INTERSTATE UNDER PERMIT TO THE FOLLOWING LOCATIONS:
22 (A) A FEDERALLY INSPECTED SLAUGHTER FACILITY.
23 (B) A FEDERALLY APPROVED DIAGNOSTIC OR RESEARCH FACILITY.
24 (C) A HERD OR FARM OF ORIGIN.
25 (15) THE INDIVIDUAL ISSUING THE PERMIT MUST CONSULT WITH THE
26 STATE ANIMAL HEALTH OFFICIAL IN THE STATE OF DESTINATION FOR
27 APPROVAL AND MUST DETERMINE THAT THE EQUINE INFECTIOUS ANEMIA
06411'00
57
1 TEST POSITIVE EQUINE TO BE MOVED INTERSTATE WILL BE MAINTAINED IN
2 ISOLATION SUFFICIENT TO PREVENT THE TRANSMISSION OF EQUINE INFEC-
3 TIOUS ANEMIA TO OTHER EQUINES. THE REACTOR WILL REMAIN QUARAN-
4 TINED UNDER STATE AUTHORITY AT THE LOCATIONS DESCRIBED IN
5 SUBSECTION (14) UNTIL NATURAL DEATH, SLAUGHTER, OR EUTHANASIA.
6 THE CARCASS SHALL BE DISPOSED OF ACCORDING TO PROVISIONS OF 1982
7 PA 239, MCL 287.651 TO 287.683.
8 (16) INDIVIDUAL EXPOSED EQUINES MAY BE ALLOWED TO MOVE FROM
9 A QUARANTINED AREA FOR SPECIFIC PURPOSES IF THEY HAVE A NEGATIVE
10 TEST AT THE TIME OF MOVEMENT. THE EQUINES MUST BE MOVED UNDER
11 QUARANTINE AND MAINTAINED UNDER QUARANTINE AT THE NEW PREMISES
12 UNTIL TESTED NEGATIVE TO AN OFFICIAL EQUINE INFECTIOUS ANEMIA
13 TEST AT LEAST 45 DAYS AFTER THE LAST KNOWN EXPOSURE TO AN EQUINE
14 INFECTIOUS ANEMIA TEST POSITIVE EQUINE.
15 (17) THIS SECTION TAKES EFFECT JANUARY 1, 2001.
16 Sec. 28. (1) Goats, other than goats consigned directly to
17 a slaughterhouse or to a livestock auction market for sale as
18 slaughter goats and imported into this state shall be accompanied
19 by an official interstate health certificate or official inter-
20 state certificate of veterinary
inspection. and meet all of the
21
following:
22 (a) In the case of
goats more than
6 months old, test nega-
23 tive to an official
tuberculosis test
within 60 day s before
24 importation or originate
directly from a
herd that is accredited
25 tuberculosis-free as
defined in the
bovine tuberculosis
26 eradication: uniform
methods and rules,
effective February 3,
27 1989, approved by
veterinary services of
the animal and plant
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58
1 health inspection service
of the United
States department of
2 agriculture, and all
amendments to those
publications thereafter
3 adopted pursuant to rules
that the
director may promulgate.
4 (2) GOATS ENTERING THIS STATE SHALL MEET 1 OR MORE OF THE
5 FOLLOWING REQUIREMENTS REGARDING BOVINE TUBERCULOSIS:
6 (A) ORIGINATE DIRECTLY FROM AN ACCREDITED BOVINE TUBERCULO-
7 SIS FREE STATE OR BOVINE TUBERCULOSIS FREE ZONE AS DEFINED IN
8 TITLE 9 OF THE CODE OF FEDERAL REGULATIONS AND THE BOVINE TUBER-
9 CULOSIS ERADICATION: UNIFORM METHODS AND RULES EFFECTIVE JANUARY
10 22, 1999, APPROVED BY THE VETERINARY SERVICES OF THE ANIMAL AND
11 PLANT HEALTH INSPECTION SERVICE OF THE UNITED STATES DEPARTMENT
12 OF AGRICULTURE, AND ALL AMENDMENTS TO THOSE PUBLICATIONS THEREAF-
13 TER ADOPTED PURSUANT TO RULES THAT THE DIRECTOR MAY PROMULGATE.
14 (B) ORIGINATE DIRECTLY FROM AN ACCREDITED BOVINE TUBERCULO-
15 SIS FREE HERD AS DEFINED IN TITLE 9 OF THE CODE OF FEDERAL REGU-
16 LATIONS AND THE BOVINE TUBERCULOSIS ERADICATION: UNIFORM METHODS
17 AND RULES EFFECTIVE JANUARY 22, 1999, APPROVED BY THE VETERINARY
18 SERVICES OF THE ANIMAL AND PLANT HEALTH INSPECTION SERVICE OF THE
19 UNITED STATES DEPARTMENT OF AGRICULTURE, AND ALL AMENDMENTS TO
20 THOSE PUBLICATIONS THEREAFTER ADOPTED PURSUANT TO RULES THAT THE
21 DIRECTOR MAY PROMULGATE.
22 (C) REGARDING GOATS NOT MEETING THE REQUIREMENTS OF SUBDIVI-
23 SION (A) OR (B), OR BOTH, ORIGINATE FROM A STATE OR ZONE WHOSE
24 BOVINE TUBERCULOSIS STATUS IS LESS THAN ACCREDITED BOVINE TUBER-
25 CULOSIS FREE AS DEFINED IN TITLE 9 OF THE CODE OF FEDERAL REGULA-
26 TIONS AND THE BOVINE TUBERCULOSIS ERADICATION: UNIFORM METHODS
27 AND RULES EFFECTIVE JANUARY 22, 1999, APPROVED BY THE VETERINARY
06411'00
59
1 SERVICES OF THE ANIMAL AND PLANT HEALTH INSPECTION SERVICE OF THE
2 UNITED STATES DEPARTMENT OF AGRICULTURE, AND ALL AMENDMENTS TO
3 THOSE PUBLICATIONS THEREAFTER ADOPTED PURSUANT TO RULES THAT THE
4 DIRECTOR MAY PROMULGATE, SHALL ORIGINATE FROM A HERD THAT HAS HAD
5 A NEGATIVE OFFICIAL WHOLE HERD TEST AS DEFINED IN SECTION 9
6 WITHIN THE PRECEDING 12 MONTHS AND THE INDIVIDUAL GOATS BEING
7 IMPORTED SHALL HAVE HAD A NEGATIVE OFFICIAL TEST FOR BOVINE
8 TUBERCULOSIS WITHIN 60 DAYS BEFORE ENTRY.
9 (3) (b) In the case of
goats
GOATS more than 6 months old
10 except wethers, test negative to an official test for brucellosis
11 within 30 days before importation or originate directly from a
12 herd that is certified brucellosis-free by the state of origin.
13 Sec. 29. New world camelids
shall
not be imported into
14 this state without a prior
entry permit
from the director and
15 shall be accompanied by an official interstate health certificate
16 or official interstate certificate of veterinary inspection and
17 meet all of the following requirements:
18 (a) Be individually identified by an official
19 identification. The official identification shall be listed on
20 the official interstate health certificate or official interstate
21 certificate of veterinary inspection.
22 (b) In the case of new world camelids more than 6 months
23 old, test negative to an official test for brucellosis within
24 30 days before importation.
25 Sec. 29a. (1) A
person shall not
import aquaculture
26 AQUACULTURE IMPORTED into
this state
without a prior entry
27 permit from the director
and 1 SHALL BE
ACCOMPANIED BY EITHER of
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60
1 the following issued by an accredited
veterinarian: or a fish
2 health official:
3 (a) Official interstate health certificate.
4 (b) Official interstate certificate of veterinary
5 inspection.
6 (c) Fish disease
inspection
report.
7 (2) A person shall not import aquaculture from a hatchery or
8 other facility with a record of an emergency fish disease within
9 the past 2 years.
10 (3) A person shall not import aquaculture exhibiting clini-
11 cal signs of disease.
12 Sec. 30. (1) All poultry and hatching poultry eggs imported
13 into this state shall be accompanied by 1 of the following:
14 (a) An official interstate health certificate.
15 (b) An official interstate certificate of veterinary
16 inspection.
17 (c) A "report of sales of hatching eggs, chicks, and poults"
18 ( vs
VETERINARY SERVICES form 9-3) for
participants in the
19 national poultry improvement plan.
20 (d) An owner-shipper statement or sales invoice if consigned
21 directly to slaughter.
22 (e) A "permit for movement of
restricted animals" ( vs
23 VETERINARY SERVICES form 1-27), if prior approval is granted by
24 the director.
25 (2) All poultry imported into this state, except those con-
26 signed directly to a state or federally inspected slaughter
06411'00
61
1 facility or to a livestock auction market for sale as slaughter
2 poultry, shall meet 1 or both of the following requirements:
3 (a) Originate directly from a U.S. pullorum-typhoid clean
4 flock as defined in title 9 of the code of federal regulations,
5 and all amendments to that publication thereafter adopted pursu-
6 ant to rules that the director may promulgate.
7 (b) Have a negative official test for salmonella
8 pullorum-typhoid within 90 days before importation and remain
9 segregated from all poultry of unknown or positive salmonella
10 pullorum-typhoid test status.
11 (3) POULTRY VACCINATED FOR INFECTIOUS LARYNGOTRACHEITIS
12 SHALL NOT BE IMPORTED INTO THIS STATE UNLESS PERMISSION FROM THE
13 DIRECTOR IS GRANTED. ANY RESTRICTIONS PLACED BY THE DIRECTOR ON
14 THE IMPORT OF THE POULTRY SHALL BE FOLLOWED.
15 (4) (3)
Poultry and hatching
poultry eggs, other than
16 poultry and hatching poultry eggs moving directly from premises
17 of origin to premises of final destination within this state,
18 shall meet 1 or both of the following:
19 (a) Originate directly from a U.S. pullorum-typhoid clean
20 flock as defined in title
9 of the code
of federal regulations
21 9 C.F.R. PART 147, and all amendments to that publication there-
22 after adopted pursuant to rules that the director may
23 promulgate.
24 (b) Have a negative official test for salmonella
25 pullorum-typhoid within 90 days before change of ownership and
26 remain segregated from all poultry of unknown or positive
27 salmonella pullorum-typhoid test status.
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62
1 Sec. 30a. (1) Captive
cervidae
PRIVATELY OWNED CERVIDS,
2 except those consigned directly to a state or federally inspected
3 slaughter facility premises, shall not be imported into this
4 state unless accompanied by an official interstate health certif-
5 icate or official interstate certificate of veterinary
6 inspection.
7 (2) Captive cervidae
PRIVATELY
OWNED CERVIDS imported into
8 this state shall be individually identified by an official
9 identification. The official identification shall be listed on
10 the official interstate health certificate or official interstate
11 certificate of veterinary inspection.
12 (3) Captive cervidae
PRIVATELY
OWNED CERVIDS 6 months of
13 age or older IMPORTED INTO THIS STATE, except those consigned
14 directly to a state or federally inspected slaughter facility
15 premises, imported into
this state
SHALL ORIGINATE DIRECTLY
16 FROM A CERTIFIED BRUCELLOSIS-FREE CERVID HERD AS DEFINED IN BRU-
17 CELLOSIS IN CERVIDAE: UNIFORM METHODS AND RULES, EFFECTIVE
18 SEPTEMBER 30, 1998, OR shall test negative to an official test
19 for brucellosis within 30 days before importation.
20 (4) Captive cervidae
6 months
PRIVATELY OWNED CERVIDS
21 1 YEAR of age or older IMPORTED INTO THIS STATE, except those
22 consigned directly to a state or federally inspected slaughter
23 facility premises,
imported into this
state shall meet inter-
24 state tuberculosis testing
requirements
as defined in title 9 of
25 the code of federal
regulations and the
uniform methods and rules
26 for tuberculosis
eradication in
cervidae: uniform methods and
27 rules, effective May 15,
1994, approved
by veterinary services of
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63
1 the animal and plant
health inspection
service of the United
2 States department of
agriculture, and
all amendments to those
3 publications thereafter
adopted pursuant
to rules that the direc-
4 tor may promulgate.
MUST COMPLY WITH 1
OF THE FOLLOWING BEFORE
5 IMPORTATION:
6 (A) ORIGINATE DIRECTLY FROM AN OFFICIAL TUBERCULOSIS ACCRED-
7 ITED HERD AS OUTLINED IN BOVINE TUBERCULOSIS ERADICATION, UNIFORM
8 METHODS AND RULES, EFFECTIVE JANUARY 22, 1999, APPROVED BY VETER-
9 INARY SERVICES OF THE ANIMAL AND PLANT HEALTH INSPECTION SERVICE
10 OF THE UNITED STATES DEPARTMENT OF AGRICULTURE, AND ALL AMEND-
11 MENTS TO THOSE PUBLICATIONS THEREAFTER ADOPTED PURSUANT TO RULES
12 THAT THE DIRECTOR MAY PROMULGATE.
13 (B) ORIGINATE DIRECTLY FROM AN OFFICIAL TUBERCULOSIS QUALI-
14 FIED OR MONITORED HERD AS OUTLINED IN BOVINE TUBERCULOSIS
15 ERADICATION: UNIFORM METHODS AND RULES, EFFECTIVE JANUARY 22,
16 1999, APPROVED BY VETERINARY SERVICES OF THE ANIMAL AND PLANT
17 HEALTH INSPECTION SERVICE OF THE UNITED STATES DEPARTMENT OF
18 AGRICULTURE, AND ALL AMENDMENTS TO THOSE PUBLICATIONS THEREAFTER
19 ADOPTED PURSUANT TO RULES THAT THE DIRECTOR MAY PROMULGATE, AND
20 RECEIVE AN OFFICIAL NEGATIVE TEST FOR TUBERCULOSIS WITHIN 90 DAYS
21 BEFORE IMPORTATION.
22 (C) BE ISOLATED FROM ALL OTHER ANIMALS UNTIL THEY RECEIVE 2
23 OFFICIAL NEGATIVE TUBERCULOSIS TESTS CONDUCTED NO LESS THAN
24 90 DAYS APART, WITH THE FIRST TEST CONDUCTED NO MORE THAN
25 120 DAYS BEFORE IMPORTATION AND THE SECOND TEST BEING WITHIN
26 90 DAYS BEFORE IMPORTATION INTO THIS STATE.
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1 (5) All captive
cervidae
PRIVATELY OWNED CERVIDS less than
2 6 months 1
YEAR of age imported into
this state, except those
3 consigned directly to a state or federally inspected slaughter
4 facility premises, must
originate
directly from an official
5 tuberculosis accredited or
qualified
herd as outlined in the uni-
6 form methods and rules
for tuberculosis
eradication in cervidae
7 effective May 15, 1994,
approved by
veterinary services of the
8 animal and plant health
inspection
service of the United States
9 department of
agriculture, and all
amendments to those publica-
10 tions thereafter adopted
pursuant to
rules that the director may
11 promulgate, or shall
remain at the
destination identified on the
12 official interstate health
certificate
or official certificate of
13 veterinary inspection
until it receives
an official negative test
14 for tuberculosis when it
is at least 6
months of age, but not
15 more than 8 months of
age. For the
purposes of this section, the
16 age of the captive
white-tailed deer or
captive elk shall be
17 determined by the age
placed on the
official interstate health
18 certificate or official
certificate of
veterinary inspection. A
19 copy of the official test
for
tuberculosis and a copy of the
20 official interstate health
certificate
or official certificate of
21 veterinary inspection
shall be forwarded
to the department within
22 10 days following
completion of the
testing. COMPLY WITH 1 OF
23 THE FOLLOWING BEFORE IMPORTATION:
24 (A) ORIGINATE DIRECTLY FROM AN OFFICIAL TUBERCULOSIS ACCRED-
25 ITED HERD AS OUTLINED IN BOVINE TUBERCULOSIS ERADICATION: UNI-
26 FORM METHODS AND RULES, EFFECTIVE JANUARY 22, 1999, APPROVED BY
27 VETERINARY SERVICES OF THE ANIMAL AND PLANT HEALTH INSPECTION
06411'00
65
1 SERVICE OF THE UNITED STATES DEPARTMENT OF AGRICULTURE, AND ALL
2 AMENDMENTS TO THOSE PUBLICATIONS THEREAFTER ADOPTED PURSUANT TO
3 RULES THAT THE DIRECTOR MAY PROMULGATE.
4 (B) BE BORN IN AND ORIGINATE DIRECTLY FROM AN OFFICIAL
5 TUBERCULOSIS QUALIFIED OR MONITORED HERD AS OUTLINED IN BOVINE
6 TUBERCULOSIS ERADICATION, UNIFORM METHODS AND RULES, EFFECTIVE
7 JANUARY 22, 1999, APPROVED BY VETERINARY SERVICES OF THE ANIMAL
8 AND PLANT HEALTH INSPECTION SERVICE OF THE UNITED STATES DEPART-
9 MENT OF AGRICULTURE, AND ALL AMENDMENTS TO THOSE PUBLICATIONS
10 THEREAFTER ADOPTED PURSUANT TO RULES THAT THE DIRECTOR MAY
11 PROMULGATE.
12 (C) BE A PURCHASED ADDITION ORIGINATING DIRECTLY FROM AN
13 OFFICIAL TUBERCULOSIS QUALIFIED OR MONITORED HERD AS OUTLINED IN
14 BOVINE TUBERCULOSIS ERADICATION, UNIFORM METHODS AND RULES,
15 EFFECTIVE JANUARY 22, 1999, APPROVED BY VETERINARY SERVICES OF
16 THE ANIMAL AND PLANT HEALTH INSPECTION SERVICE OF THE UNITED
17 STATES DEPARTMENT OF AGRICULTURE, AND ALL AMENDMENTS TO THOSE
18 PUBLICATIONS THEREAFTER ADOPTED PURSUANT TO RULES THAT THE DIREC-
19 TOR MAY PROMULGATE, AND RECEIVE AN OFFICIAL NEGATIVE TEST FOR
20 TUBERCULOSIS WITHIN 90 DAYS BEFORE IMPORTATION.
21 (D) BE ISOLATED FROM ALL OTHER ANIMALS UNTIL IT RECEIVES 2
22 OFFICIAL NEGATIVE TUBERCULOSIS TESTS CONDUCTED NOT LESS THAN
23 90 DAYS APART, WITH THE FIRST TEST CONDUCTED NO MORE THAN
24 120 DAYS BEFORE IMPORTATION AND THE SECOND TEST BEING WITHIN
25 90 DAYS BEFORE IMPORTATION INTO THIS STATE.
26 (6) Captive cervidae
PRIVATELY
OWNED CERVIDS with a
27 response other than negative to any tuberculosis test or
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1 brucellosis test are not eligible for interstate movement into
2 this state without permission from the director.
3 (7) Captive cervidae
PRIVATELY
OWNED CERVIDS known to be
4 affected with or exposed to tuberculosis or brucellosis are not
5 eligible for interstate movement into this state without permis-
6 sion from the director.
7 Sec. 30b. (1) All live
captive
cervidae 6 months of age or
8 older except captive
white-tailed deer
and captive elk moving
9 from 1 premises to
another premises
within this state, except
10 those consigned directly
to a state or
federally inspected
11 slaughter facility
premises, shall be
accompanied by a copy of
12 the current official test
for
tuberculosis or written permission
13 from the director and
shall originate
directly from accredited,
14 qualified, or monitored
herds as defined
in title 9 of the code
15 of federal regulations
and the uniform
methods and rules for the
16 control and eradication
of bovine
tuberculosis in cervidae
17 approved by veterinary
services of the
animal and plant health
18 inspection service of the
U.S.
department of agriculture and all
19 amendments thereafter
to those
publications adopted pursuant to
20 rules that the director
may promulgate
or originate from herds
21 not known to be affected
with or exposed
to tuberculosis and
22 accompanied by a
certificate signed by
an accredited veterinarian
23 stating that the captive
cervidae have
been classified negative
24 to an official
tuberculosis test that
was conducted within 90 day
25 s before their movement.
ALL LIVE
PRIVATELY OWNED CERVIDS MOVING
26 FROM 1 PREMISES TO ANOTHER PREMISES WITHIN THIS STATE SHALL BE
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1 OFFICIALLY IDENTIFIED WITH AN IDENTIFICATION APPROVED BY THE
2 DIRECTOR.
3 (2) All live captive
white-tailed
deer and captive elk
4 PRIVATELY OWNED CERVIDS 6 months of age or older moving from 1
5 premises to another premises within this state, except those con-
6 signed directly to a state or federally inspected slaughter
7 facility premises, shall comply with 1 of the following:
8 (a) Originate directly from an official tuberculosis
9 accredited, or
qualified, OR MONITORED
herd as outlined in the
10 uniform methods and
rules for
tuberculosis eradication in cervi-
11 dae effective May 15,
1994 BOVINE
TUBERCULOSIS ERADICATION:
12 UNIFORM METHODS AND RULES, EFFECTIVE JANUARY 22, 1999, approved
13 by veterinary services of the animal and plant health inspection
14 service of the United States department of agriculture, and all
15 amendments to those publications thereafter adopted pursuant to
16 rules that the director may promulgate, and be accompanied by a
17 copy of the current official letter from the Michigan department
18 of agriculture verifying herd status.
19 (B) ORIGINATE DIRECTLY FROM A HERD THAT HAS RECEIVED AN
20 OFFICIAL NEGATIVE TUBERCULOSIS TEST OF ALL PRIVATELY OWNED CER-
21 VIDS 12 MONTHS OF AGE OR OLDER AND ALL CATTLE AND GOATS 6 MONTHS
22 OF AGE AND OLDER IN CONTACT WITH THE HERD WITHIN 24 MONTHS BEFORE
23 MOVEMENT.
24 (C) (b)
Originate directly from a
herd that has received
25 an official negative tuberculosis test
of all captive cervidae
26 PRIVATELY OWNED CERVIDS 12 months of age or older and all cattle
27 and goats 6 months of age or older in contact with the herd MORE
06411'00
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1 THAN 24 MONTHS BEFORE MOVEMENT, receive an individual negative
2 official test for tuberculosis within
90
days prior to BEFORE
3 movement, and be accompanied by a copy of the official tests for
4 tuberculosis verifying that testing.
5 (D) (c)
Be isolated from all
other members of the herd and
6 receive 2 official negative tests for tuberculosis at 90- to
7 120-day intervals before movement and be accompanied by copies of
8 the official tests for tuberculosis verifying that testing. THE
9 SECOND NEGATIVE TEST SHALL BE WITHIN 90 DAYS BEFORE MOVEMENT.
10 (3) All live captive
white-tailed
deer and captive elk
11 PRIVATELY OWNED CERVIDS less than 6 months of age moving from 1
12 premises to another premises within this state, except those con-
13 signed directly to a state or federally inspected slaughter
14 facility premises, shall
MUST comply
with 1 of the following:
15 (a) Originate directly from an official tuberculosis
16 accredited, or
qualified, OR MONITORED
herd as outlined in the
17 uniform methods and
rules for
tuberculosis eradication in cervi-
18 dae effective May 15,
1994 BOVINE
TUBERCULOSIS ERADICATION:
19 UNIFORM METHODS AND RULES, EFFECTIVE JANUARY 22, 1999, approved
20 by veterinary services of the animal and plant health inspection
21 service of the United States department of agriculture, and all
22 amendments to those publications thereafter adopted pursuant to
23 rules that the director may promulgate, be identified by an offi-
24 cial identification, and be accompanied by a copy of the current
25 official letter from the Michigan department of agriculture veri-
26 fying the herd status.
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1 (B) ORIGINATE DIRECTLY FROM A HERD THAT HAS RECEIVED AN
2 OFFICIAL NEGATIVE TUBERCULOSIS TEST OF ALL PRIVATELY OWNED
3 CERVIDS 12 MONTHS OF AGE OR OLDER AND ALL CATTLE AND GOATS
4 6 MONTHS OF AGE AND OLDER IN CONTACT WITH THE HERD WITHIN
5 24 MONTHS BEFORE MOVEMENT.
6 (C) (b)
Originate directly from a
herd that has received
7 an official negative tuberculosis test
of all captive cervidae
8 PRIVATELY OWNED CERVIDS 12 months of age or older and all cattle
9 and goats 6 months of age or older in
contact with the herd , be
10 individually identified
by an official
identification, MORE THAN
11 24 MONTHS BEFORE MOVEMENT AND be accompanied by an official
12 permit for movement of
captive white-tailed deer and captive
13 elk
PRIVATELY OWNED CERVIDS less than 6
months of age within
14 Michigan OR AN OFFICIAL INTERSTATE HEALTH CERTIFICATE issued by
15 an accredited veterinarian, and remain at the destination stated
16 on the permit OR OFFICIAL INTERSTATE HEALTH CERTIFICATE until it
17 receives an official negative tuberculosis test when it reaches
18 6 months of age, but not more than 8 months of age. For purposes
19 of this section, the age of the
captive
white-tailed deer or
20 captive elk
PRIVATELY OWNED CERVIDS
shall be determined by the
21 age placed on the official permit for
movement of captive
22 white-tailed deer and
captive elk
PRIVATELY OWNED CERVIDS less
23 than 6 months of age in Michigan OR THE OFFICIAL INTERSTATE
24 HEALTH CERTIFICATE ISSUED by the accredited veterinarian. A copy
25 of the official test for tuberculosis and a copy of the official
26 permit for movement of
captive white-tailed deer and captive
27 elk
PRIVATELY OWNED CERVIDS less than 6
months of age within
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70
1 Michigan OR THE OFFICIAL INTERSTATE HEALTH CERTIFICATE shall be
2 forwarded to the department within 10 days following completion
3 of the testing.
4 (4) Captive cervidae
PRIVATELY
OWNED CERVIDS with a
5 response other than negative to any tuberculosis test are not
6 eligible for intrastate movement without permission from the
7 director.
8 (5) Captive cervidae
PRIVATELY
OWNED CERVIDS known to be
9 affected with or exposed to tuberculosis shall not be moved
10 intrastate without permission from the director.
11 (6) The department shall keep a
current database on captive
12 cervidae
PRIVATELY OWNED CERVIDS
premises in this state. The
13 database shall include the owner's name, the owner's current
14 address, location of
captive cervidae
PRIVATELY OWNED CERVIDS,
15 species of captive
cervidae PRIVATELY
OWNED CERVIDS at the
16 premises, and the approximate
number of
captive cervidae
17 PRIVATELY OWNED CERVIDS at the premises.
18 Sec. 30c. (1)
Beginning on the
effective date of this sec-
19 tion, each
EACH owner of any captive
PRIVATELY OWNED
20 white-tailed deer farm or
captive
PRIVATELY OWNED elk farm that
21 does not possess official tuberculosis accredited or qualified
22 herd status as defined in
the uniform
methods and rules for
23 tuberculosis eradication
in cervidae
effective May 15, 1994
24 BOVINE TUBERCULOSIS ERADICATION, UNIFORM METHODS AND RULES,
25 EFFECTIVE JANUARY 22, 1999, approved by the veterinary services
26 of the animal and plant health inspection service of the United
27 States department of agriculture, and all amendments to those
06411'00
71
1 publications thereafter adopted pursuant to rules that the
2 director may promulgate, shall cause an official test for tuber-
3 culosis to be conducted on all
captive
cervidae PRIVATELY OWNED
4 CERVIDS 12 months of age or older, and all cattle and goats
5 6 months of age and older in contact
with the captive cervidae
6 PRIVATELY OWNED CERVIDS.
This testing
shall be completed within
7 18 months following the
effective date
of this section BY JULY
8 27, 2000. The owner of any
captive
PRIVATELY OWNED
9 white-tailed deer farm or
captive
PRIVATELY OWNED elk farm that
10 begins operation after the effective date of this section shall
11 complete the testing requirement within 18 months following
12 assembly of the herd.
13 (2) Beginning on the
effective
date of this section, each
14 EACH owner of any
captive cervidae
PRIVATELY OWNED WHITE-TAILED
15 DEER OR ELK ranch shall cause
captive
cervidae PRIVATELY OWNED
16 CERVIDS removed from the herd to undergo visual inspection by a
17 specially trained accredited veterinarian, approved by the direc-
18 tor, for evidence of tuberculosis. The number of animals to be
19 inspected shall be equal to the number required for establishing
20 an official tuberculosis monitored
herd
as outlined in the uni-
21 form methods and rules
for tuberculosis
eradication in cervidae
22 effective May 15, 1994
BOVINE
TUBERCULOSIS ERADICATION: UNIFORM
23 METHODS AND RULES, EFFECTIVE JANUARY 22, 1999, approved by veter-
24 inary services of the animal and plant health inspection service
25 of the United States department of agriculture, and all amend-
26 ments to those publications thereafter adopted pursuant to rules
27 that the director may promulgate. The testing shall be
06411'00
72
1 conducted over a
3-consecutive-year
period and be completed
2 within 5 years following
the effective
date of this section BY
3 JANUARY 27, 2004. The owner of
any
captive cervidae PRIVATELY
4 OWNED WHITE-TAILED DEER OR ELK ranch which begins operation after
5 the effective date of this section shall complete the required
6 testing within 5 years following assembly of the herd.
7 SEC. 30D. (1) BEGINNING 90 DAYS AFTER THE ENACTMENT DATE OF
8 THIS SECTION, EACH OWNER OF ANY PRIVATELY OWNED CERVID FARM,
9 OTHER THAN ANY PRIVATELY OWNED WHITE-TAILED DEER OR ELK FARM,
10 THAT DOES NOT POSSESS OFFICIAL TUBERCULOSIS ACCREDITED OR QUALI-
11 FIED HERD STATUS AS DEFINED IN BOVINE TUBERCULOSIS ERADICATION:
12 UNIFORM METHODS AND RULES, EFFECTIVE JANUARY 22, 1999, APPROVED
13 BY THE VETERINARY SERVICES OF THE ANIMAL AND PLANT HEALTH INSPEC-
14 TION SERVICE OF THE UNITED STATES DEPARTMENT OF AGRICULTURE, AND
15 ALL AMENDMENTS TO THOSE PUBLICATIONS THEREAFTER ADOPTED PURSUANT
16 TO RULES THAT THE DIRECTOR MAY PROMULGATE, SHALL CAUSE AN OFFI-
17 CIAL TEST FOR TUBERCULOSIS TO BE CONDUCTED ON ALL PRIVATELY OWNED
18 CERVIDS 12 MONTHS OF AGE OR OLDER, AND ALL CATTLE AND GOATS
19 6 MONTHS OF AGE AND OLDER IN CONTACT WITH THE PRIVATELY OWNED
20 CERVIDS. THIS TESTING SHALL BE COMPLETED WITHIN 18 MONTHS FOL-
21 LOWING THE EFFECTIVE DATE OF THIS SECTION. THE OWNER OF ANY PRI-
22 VATELY OWNED CERVID FARM, OTHER THAN PRIVATELY WHITE-TAILED DEER
23 OR ELK FARMS, THAT BEGIN OPERATION AFTER THE EFFECTIVE DATE OF
24 THIS SECTION SHALL COMPLETE THE TESTING REQUIREMENT WITHIN
25 18 MONTHS FOLLOWING ASSEMBLY OF THE HERD.
26 (2) BEGINNING 90 DAYS AFTER THE ENACTMENT DATE OF THIS
27 SECTION, EACH OWNER OF ANY PRIVATELY OWNED CERVID RANCH, OTHER
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1 THAN PRIVATELY OWNED WHITE-TAILED DEER OR ELK RANCHES, SHALL
2 CAUSE PRIVATELY OWNED CERVIDS REMOVED FROM THE HERD TO UNDERGO
3 VISUAL INSPECTION BY A SPECIALLY TRAINED ACCREDITED VETERINARIAN,
4 APPROVED BY THE DIRECTOR, FOR EVIDENCE OF TUBERCULOSIS. THE
5 NUMBER OF ANIMALS TO BE INSPECTED SHALL BE EQUAL TO THE NUMBER
6 REQUIRED FOR ESTABLISHING AN OFFICIAL TUBERCULOSIS MONITORED HERD
7 AS OUTLINED IN BOVINE TUBERCULOSIS ERADICATION: UNIFORM METHODS
8 AND RULES, EFFECTIVE JANUARY 22, 1999, APPROVED BY VETERINARY
9 SERVICES OF THE ANIMAL AND PLANT HEALTH INSPECTION SERVICE OF THE
10 UNITED STATES DEPARTMENT OF AGRICULTURE, AND ALL AMENDMENTS TO
11 THOSE PUBLICATIONS THEREAFTER ADOPTED PURSUANT TO RULES THAT THE
12 DIRECTOR MAY PROMULGATE. THE TESTING SHALL BE COMPLETED WITHIN
13 5 YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SECTION. THE OWNER
14 OF ANY PRIVATELY OWNED CERVID RANCH, OTHER THAN PRIVATELY OWNED
15 WHITE-TAILED DEER OR ELK RANCHES, WHICH BEGINS OPERATION AFTER
16 THE EFFECTIVE DATE OF THIS SECTION SHALL COMPLETE THE REQUIRED
17 TESTING WITHIN 5 YEARS FOLLOWING ASSEMBLY OF THE HERD.
18 Sec. 31. (1) Any species having the potential to spread
19 serious diseases or parasites, to cause serious physical harm, or
20 to otherwise endanger native wildlife, human life, livestock,
21 domestic animals, or property, as determined by the director,
22 shall not be imported into this state.
23 (2) A prior entry
permit shall be
obtained from the direc-
24 tor for a wild animal or
exotic animal
species not regulated by
25 the fish and wildlife
service of the
United States department of
26 interior or the
department of natural
resources of this state.
06411'00
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1 (2) (3)
The director may require
compliance with any or
2 all of the following prior
to BEFORE
the importation of a wild
3 animal or an exotic animal species not regulated by the fish and
4 wildlife service of the United States department of interior or
5 the department of natural resources of this state:
6 (a) Physical examination by an accredited veterinarian be
7 conducted after importation to determine the health status,
8 proper housing, husbandry, and confinement of any animal permit-
9 ted to enter this state.
10 (b) Negative test results to specific official tests
11 required by the director within a time frame before importation
12 into this state as determined by the director.
13 (c) Identification prior to importation in a manner approved
14 by the director.
15 (3) (4)
An official interstate
health certificate or offi-
16 cial interstate certificate of veterinary inspection signed by an
17 accredited veterinarian from the state of origin shall accompany
18 all wild animal or exotic animal species imported into this
19 state. The official interstate health certificate or official
20 interstate certificate of veterinary inspection shall comply with
21 all the requirements of section 20(1)(a), (b), (c), (d), (e), and
22 (f).
23 (4) (5)
A wild animal or exotic
animal species permitted
24 to enter this state shall receive housing, feeding, restraining,
25 and care that is approved by the director.
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75
1 (5) (6) A
person shall not import
or release live feral
2 swine or any crosses of feral swine in this state for any purpose
3 without permission from the director.
4 Sec. 33. (1) Livestock sold at a livestock auction market
5 shall be handled and housed in facilities and pens in a manner
6 approved by the director. The alleys and sale rings used for
7 livestock auction shall be appropriately cleaned and disinfected
8 before each day's sale. The pens, facilities, and the procedures
9 for cleaning and disinfecting shall be approved by the director.
10 (2) ALL CATTLE, BISON, GOATS, AND PRIVATELY OWNED CERVIDS
11 PRESENTED AT ANY LIVESTOCK AUCTION MARKET IN MICHIGAN SHALL BE
12 IDENTIFIED AS REQUIRED IN THE BOVINE TUBERCULOSIS ERADICATION:
13 UNIFORM METHODS AND RULES, EFFECTIVE JANUARY 22, 1999, AND
14 APPROVED BY VETERINARY SERVICES OF THE ANIMAL AND PLANT HEALTH
15 INSPECTION SERVICE OF THE UNITED STATES DEPARTMENT OF AGRICUL-
16 TURE, AND ALL AMENDMENTS TO THOSE PUBLICATIONS THEREAFTER ADOPTED
17 PURSUANT TO RULES THAT THE DIRECTOR MAY PROMULGATE.
18 (3) CATTLE, BISON, GOATS, AND PRIVATELY OWNED CERVIDS THAT
19 ARE MARKETED FOR IMMEDIATE SLAUGHTER SHALL BE IDENTIFIED BY OFFI-
20 CIAL EAR TAG, SALE TAG, OR OFFICIAL BACK TAG IN A MANNER DESIGNED
21 TO TRACE THE ANIMALS TO THE PREMISES OF ORIGIN.
22 Sec. 35. If livestock
undergoes
parturition within ENTER
23 a slaughter facility premises, the
newborn LIVESTOCK AND OFF-
24 SPRING BORN IN THE PREMISES shall not leave the slaughter facil-
25 ity premises unless permission is granted by the director to move
26 the newborn
LIVESTOCK to an alternate
premises.
06411'00
76
1 Sec. 39. Unless otherwise approved or waived by the
2 director, the following shall apply to exhibition facilities:
3 (a) A facility for exhibition of livestock shall be con-
4 structed to allow sufficient separation of each exhibitor's live-
5 stock AND TO ALLOW FOR SUFFICIENT SEPARATION OF SPECIES. The
6 facility shall be constructed of a material that can be ade-
7 quately cleaned and disinfected.
8 (b) An exhibition building or yarding facility shall be
9 cleaned and disinfected with USDA-approved disinfectant used in
10 accordance with label instructions before livestock are admitted
11 by removing from the premises all manure, litter, hay, straw, and
12 forage from pens, runways, and show rings, and thoroughly disin-
13 fecting walls, partitions, floors, mangers, yarding facilities,
14 and runways BEFORE EACH USE in a manner approved by the
15 director.
16 Sec. 40. (1) A fair shall have an accredited veterinarian
17 on call whenever there are animals on the premises during the
18 fair.
19 (2) A fair, exhibition, exposition, or show authority shall
20 do all of the following:
21 (a) Notify exhibitors of health tests and certificates
22 required for importation and exhibition in this state.
23 (b) Examine and approve required health certificates,
24 reports, test charts, certificates, or other required documen-
25 tation before displaying, exhibiting, or stabling the animals in
26 the exhibition area or before commingling with other animals.
06411'00
77
1 (c) Provide shipping arrangements for all swine exhibited
2 that are to be removed from the fair, exhibition, exposition, or
3 show facility for direct movement to slaughter or a livestock
4 auction market as defined in
Act No.
284 of the Public Acts of
5 1937, being sections
287.121 to 287.131
of the Michigan Compiled
6 Laws 1937
PA 284, MCL 287.121 TO
287.131.
7 (D) NOTIFY EXHIBITORS WHETHER OR NOT POULTRY VACCINATED
8 AGAINST INFECTIOUS LARYNGOTRACHEITIS ARE ALLOWED IN THE FAIR,
9 EXHIBITION, OR EXPOSITION.
10 (3) A fair, exhibition, exposition, or show authority may
11 require additional testing or vaccination of animals before entry
12 and during the fair, exhibition, exposition, or show.
13 (4) Livestock with clinical signs of infectious, contagious,
14 or toxicological disease shall be removed from the fair, exhibi-
15 tion, or exposition or, by permission of the director, shall be
16 isolated on the premises.
17 (5) It is the responsibility of the exhibitor to ensure that
18 all requirements for testing, identification, and official inter-
19 state health certificate or official interstate certificate of
20 veterinary inspection are fulfilled
prior to BEFORE importation
21 and that proof of fulfilling these requirements is provided to
22 the director, fair, exhibition, exposition, or show authority
23 upon request.
24 (6) Swine for exhibition within this state shall be individ-
25 ually identified by official identification.
26 (7) Swine shall not enter any fair, exhibition, exposition,
27 or show facility unless it can be demonstrated that the swine
06411'00
78
1 presented for exhibition or exposition meet 1 or more of the
2 following conditions:
3 (a) Originate as a direct movement from a swine premises
4 located in a pseudorabies stage III area or region or other
5 equivalent low prevalence area as recognized by the director.
6 (b) Originate directly from a pseudorabies
7 qualified-negative herd as defined in
title 9 of the code of
8 federal regulations
C.F.R. PART 85,
which proof may consist of a
9 copy of a valid certificate issued by the department stating that
10 the herd meets the requirements for a pseudorabies
11 qualified-negative herd.
12 (c) Unless the swine are piglets nursing a pseudorabies neg-
13 ative sow, present an official swine test report that indicates
14 the swine have been tested for pseudorabies within 45 days before
15 exhibition and have tested negative.
16 (8) All swine removed from any exhibition facility shall be
17 moved directly to a livestock auction market or slaughter facil-
18 ity premises for disposition in accordance with applicable laws
19 concerning movement of swine to slaughter unless all swine
20 present at the exhibition or exposition at any time for any
21 reason have entered the exhibition facility according to the pro-
22 visions of subsection (7)(b) or (c).
23 (9) Upon request, a person who exhibits livestock shall
24 present for inspection all reports, test charts, and appropriate
25 health certificates required by this act to accompany the
26 livestock.
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79
1 (10) Any swine found to be exhibited or removed from
2 exhibition in violation of any provision of this section may be
3 quarantined or ordered slaughtered, destroyed, or disposed of by
4 the director without being eligible for indemnification as
5 described in sections 14 and 15.
6 Sec. 41. Exhibition of poultry shall meet the following
7 requirements:
8 (a) All poultry except waterfowl, pigeons, and doves shown
9 at public exhibition in this state shall meet 1 or more of the
10 following requirements:
11 (i) Originate directly from a U.S. pullorum-typhoid clean
12 flock as defined in title 9
of the code
of federal regulations
13 C.F.R. PART 147, and all amendments to that publication thereaf-
14 ter adopted pursuant to rules that the director may promulgate.
15 (ii) Have a negative official test for salmonella
16 pullorum-typhoid within 90 days before the exhibition or exposi-
17 tion and remain segregated from all poultry of unknown or posi-
18 tive salmonella pullorum-typhoid test status.
19 (b) A feed or water container provided for an exhibition
20 coop shall be new or properly cleaned.
21 (c) A feed or water container from which a bird has eaten or
22 drunk shall be refilled to prevent contamination of the common
23 supply of feed or water. A feed or water container shall not be
24 removed from an exhibition coop except for the purpose of
25 cleaning.
26 (d) An exhibition coop shall be thoroughly cleaned and
27 disinfected before and after each exhibition.
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80
1 (e) An exhibition coop shall be constructed and placed to
2 provide adequate light for proper inspection of poultry for evi-
3 dence of transmissible diseases.
4 (f) A shipping crate used in the shipment of birds by common
5 carrier shall not be used as an exhibition coop. A shipping
6 crate shall be cleaned and disinfected on the day of arrival
7 after birds have been removed for exhibition and before being
8 used again. Unless otherwise necessary, a shipping crate shall
9 not be stored in the exhibition area.
10 (g) Litter for an exhibition coop shall be clean and shall
11 be replaced daily or as often as needed.
12 (h) A bird shall not be handled except by the exhibitor,
13 attendant, FAIR VETERINARIAN, DIRECTOR, or judge after the bird
14 is placed in an exhibition coop.
15 Sec. 42. (1) Whenever an
official
test is conducted, or an
16 official vaccination is
administered,
livestock AN OFFICIAL VAC-
17 CINATION IS ADMINISTERED, OR A UNITED STATES DEPARTMENT OF AGRI-
18 CULTURE ACCREDITED LABORATORY HAS DIAGNOSED A REPORTABLE DISEASE,
19 THE ANIMALS shall, unless exempted by the director, be identified
20 by an official identification.
21 (2) The result of an official test shall be reported on a
22 form supplied by the department. If a tissue sample is submitted
23 for analysis, a properly completed sample submission form sup-
24 plied by the department shall accompany the sample. The official
25 test tissue sample shall be obtained and submitted only by an
26 accredited veterinarian except under special permission of the
27 director. The form used to document the results of an official
06411'00
81
1 test, sample submission, or official vaccination shall be
2 properly prepared and completed.
3 (3) An official brucellosis calfhood vaccination shall be
4 performed by an accredited veterinarian in compliance with the
5 method outlined in title 9
of the code
of federal regulations
6 C.F.R, PART 78 and the brucellosis eradication: uniform methods
7 and rules, effective May
6, 1992
FEBRUARY 1, 1998, approved by
8 veterinary services of the animal and plant health inspection
9 service of the United States department of agriculture, and all
10 amendments to those publications thereafter adopted pursuant to
11 rules that the director may promulgate.
12 (4) Except upon special permission from the director, offi-
13 cial brucellosis calfhood vaccination shall be performed only on
14 female cattle between the ages of 4 and 8 months.
15 (5) A person shall not tattoo any animal with the official
16 brucellosis vaccination tattoo unless the animal is an official
17 brucellosis calfhood vaccinate.
18 (6) Testing and surveillance for brucellosis and tuberculo-
19 sis shall be as follows:
20 (a) A brucellosis ring test shall be conducted on each herd
21 shipping milk to a dairy plant in this state. The test shall be
22 conducted as outlined in title 9
of the
code of federal
23 regulations
C.F.R., PART 78 and the
brucellosis eradication:
24 uniform methods and rules,
effective
May 6, 1992 FEBRUARY 1,
25 1998, approved by veterinary services of the animal and plant
26 health inspection service of the United States department of
06411'00
82
1 agriculture, and all amendments to those publications thereafter
2 adopted pursuant to rules that the director may promulgate.
3 (b) Disease surveillance for tuberculosis and brucellosis
4 shall be conducted through the market cattle identification pro-
5 gram as set forth in title 9
of the
code of federal regulations
6 C.F.R., PART 78 and the brucellosis eradication: uniform methods
7 and rules, effective May
6, 1992
FEBRUARY 1, 1998, approved by
8 veterinary services of the animal and plant health inspection
9 service of the United States department of agriculture, and all
10 amendments to those publications thereafter adopted pursuant to
11 rules that the director may promulgate and the bovine tuberculo-
12 sis eradication: uniform methods and rules, effective
13 February 3, 1989
JANUARY 22, 1999,
approved by veterinary serv-
14 ices of the animal and plant health inspection service of the
15 United States department of agriculture, and all amendments to
16 those publications thereafter adopted pursuant to rules that the
17 director may promulgate.
18 (7) The department may participate in the programs described
19 in subsection (6) and programs for other reportable diseases and
20 may test for reportable diseases in any sample of livestock blood
21 or tissue collected at a United States department or department
22 approved slaughter facility, any livestock collection or market
23 facility, or any sample of livestock blood or tissue submitted
24 for diagnostic purposes to a United States department of agricul-
25 ture officially approved laboratory. The slaughter facility,
26 livestock collection or market facility, or laboratory shall
06411'00
83
1 provide adequate room, time, and safe conditions for the
2 collection of blood or tissue samples.
3 Sec. 44. (1) A person who commits 1 or more of the follow-
4 ing is guilty of a felony punishable by a fine of not less than
5 $1,000.00 nor
AND NOT more than
$50,000.00, or imprisonment of
6 not more than 5 years, or both, and shall not receive any indem-
7 nification payments at the discretion of the director:
8 (a) Intentionally contaminating or exposing livestock to an
9 infectious, contagious, or toxicological disease for the purpose
10 of receiving indemnification from the state or causing the state
11 to destroy affected livestock.
12 (b) Intentionally making a false statement on an application
13 for indemnification or reimbursement from the state.
14 (c) Intentionally violating a condition of quarantine
15 AUTHORIZED UNDER SECTION 12 OR MOVEMENT RESTRICTIONS AND OTHER
16 REQUIREMENTS AUTHORIZED UNDER SECTION 9.
17 (d) Intentionally importing into this state, without permis-
18 sion from the director, diseased livestock or livestock exposed
19 to an infectious, contagious, or toxicological disease.
20 (e) Intentionally misrepresenting the health, medical
21 status, or prior treatment for an infectious, contagious, or tox-
22 icological disease of livestock to facilitate movement or trans-
23 fer of ownership to another person.
24 (2) A
EXCEPT AS OTHERWISE
PROVIDED UNDER SUBSECTIONS (1)
25 AND (2), A person who violates
this act,
or a rule promulgated
26 under this act, other
than subsection
(1) A QUARANTINE
27 AUTHORIZED UNDER SECTION 12, OR MOVEMENT RESTRICTIONS AND OTHER
06411'00
84
1 REQUIREMENTS AUTHORIZED UNDER SECTION 9 is guilty of a
2 misdemeanor, punishable by a fine of not less than $300.00 or
3 imprisonment of not less than 30 days, or both.
4 (3) The court may allow the department to recover reasonable
5 costs and attorney fees incurred in a prosecution resulting in a
6 conviction for a violation of subsections (1) and (2). Costs
7 assessed and recovered under this subsection shall be paid to the
8 state treasury and credited to the department for the enforcement
9 of this act.
10 (4) The
EXCEPT AS OTHERWISE
PROVIDED IN SUBSECTION (1),
11 THE director, upon finding that a person has violated this act,
12 or a rule
promulgated under this act,
A QUARANTINE AUTHORIZED
13 UNDER SECTION 12, OR MOVEMENT RESTRICTIONS AND OTHER REQUIREMENTS
14 AUTHORIZED UNDER SECTION 9, may do the following:
15 (a) Issue a warning.
16 (b) Impose an administrative fine of not more than $1,000.00
17 for each violation after notice and an opportunity for a hearing
18 pursuant to the administrative
procedures act of 1969, Act
19 No. 306 of the Public
Acts of 1969,
being sections 24.201 to
20 24.328 of the Michigan
Compiled Laws
1969 PA 306, MCL 24.201 TO
21 24.328.
22 (c) Issue an appearance ticket as described and authorized
23 by sections 9a to 9g of chapter 4 of the code of criminal proce-
24 dure, Act No. 175 of the
Public Acts of
1927, being sections
25 764.9a to 764.9g of the
Michigan
Compiled Laws 1927 PA 175,
26 MCL 764.9A TO 764.9G, with a fine of not less than $300.00 or
27 imprisonment of not less than 30 days, or both.
06411'00
85
1 (5) The director shall advise the attorney general of the
2 failure of any person to pay an administrative OR CIVIL fine
3 imposed under this section. The attorney general shall bring a
4 civil action in a court of competent jurisdiction to recover the
5 fine and costs and fees INCLUDING ATTORNEY FEES. Civil penalties
6 AND ADMINISTRATIVE FINES collected shall be paid to the state
7 treasury.
8 (6) THE REMEDIES AND SANCTIONS UNDER THIS ACT ARE INDEPEN-
9 DENT AND CUMULATIVE. THE USE OF A REMEDY OR SANCTION UNDER THIS
10 ACT DOES NOT BAR OTHER LAWFUL REMEDIES AND SANCTIONS AND DOES NOT
11 LIMIT CRIMINAL OR CIVIL LIABILITY. Notwithstanding the provisions
12 of this act, the department may bring an action to do 1 or more
13 of the following:
14 (a) Obtain a declaratory judgment that a method, act, or
15 practice is a violation of this act.
16 (b) Obtain an injunction against a person who is engaging,
17 or about to engage, in a method, act, or practice that violates
18 this act.
19 Sec. 45. The department
of
agriculture may promulgate
20 rules for the implementation and enforcement of this act pursuant
21 to the administrative procedures act
of
1969, Act No. 306 of the
22 Public Acts of 1969,
being sections
24.201 to 24.328 of the
23 Michigan Compiled
Laws 1969 PA 306, MCL
24.201 TO 24.328.
24 Enacting section 1. (1) Sections 46 and 47 of 1988 PA 466,
25 MCL 287.746 and 287.747, are repealed.
26 (2) R 287.710 of the Michigan administrative code is
27 repealed and rescinded effective January 1, 2001.
06411'00 Final page.