Natural resources; other; genetically engineered organisms;

recognize in animal industry act.

NATURAL RESOURCES: Other; NATURAL RESOURCES: Wildlife;

AGRICULTURE: Animals; AGRICULTURE: Agribusiness; ANIMALS:

Exotic

A bill to amend 1988 PA 466, entitled

"Animal industry act,"

by amending sections 4, 6, 12, and 31 (MCL 287.704, 287.706,

287.712, and 287.731), sections 4, 6, and 12 as amended by 2002

PA 458 and section 31 as amended by 2000 PA 323.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 4. (1) "Fish disease inspection report" means a docu-

2 ment available from the Great Lakes fishery commission completed

3 by a fish health official giving evidence of inspections and

4 diagnostic work performed.

5 (2) "Fish health official" means a fish health specialist

6 identified by member agencies of the Great Lakes fish disease

7 control committee to the chair of the Great Lakes fish disease

8 control committee responsible for conducting fish-hatchery

9 inspections and the issuance of inspection reports.

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2

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) "GENETICALLY ENGINEERED ORGANISM" MEANS AN ORGANISM

13 WHOSE GENOME, CHROMOSOMAL OR EXTRACHROMOSOMAL, IS MODIFIED PER-

14 MANENTLY AND HERITABLY USING RECOMBINANT NUCLEIC ACID

15 TECHNIQUES.

16 (6) (5) "Grade" means an animal for which no proof of reg-

17 istration with an appropriate breed registry is provided.

18 (7) (6) "Hatchery" means incubators, hatchers, and auxil-

19 iary equipment on 1 premises operated and controlled for the pur-

20 pose of hatching poultry.

21 (8) (7) "Hatching poultry eggs" means eggs for use in a

22 hatchery to produce young poultry or to produce embryonated

23 eggs.

24 (9) (8) "Herd or flock of origin" means any herd or flock

25 in which animals are born and remain until movement or any herd

26 or flock which animals remain for at least 30 days immediately

27 following direct movement into the herd or flock from another

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1 herd or flock. Herd or flock of origin includes the place of

2 origin, premises of origin, and farm of origin.

3 (10) (9) "Infectious disease" means an infection or dis-

4 ease due to the invasion of the body by pathogenic organisms.

5 (11) (10) "Isolated" means the physical separation of ani-

6 mals by a physical barrier in such a manner that other animals do

7 not have access to the isolated animals' body, excrement, aero-

8 sols, or discharges, not allowing the isolated animals to share a

9 building with a common ventilation system with other animals, and

10 not allowing the isolated animals to be within 10 feet of other

11 animals if not sharing a building with a common ventilation

12 system. Isolated animals have a feed and water system separate

13 from other animals.

14 Sec. 6. (1) "Official calfhood vaccinate" means female

15 cattle that are vaccinated by an accredited veterinarian with a

16 United States department of agriculture approved brucella abortus

17 vaccine in accordance with procedures and at an age approved by

18 the director.

19 (2) "Official identification" means an identification ear

20 tag, tattoo, electronic identification, or other identification

21 approved by the United States department of agriculture or the

22 department.

23 (3) "Official interstate health certificate" or "official

24 interstate certificate of veterinary inspection" means a printed

25 form adopted by any state that documents the information required

26 under section 20 and that is issued for animals being imported to

27 or exported from this state within 30 days before the importation

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1 or exportation of the animals it describes. A photocopy of an

2 official interstate health certificate or an official interstate

3 certificate of veterinary inspection is considered an official

4 copy if certified as a true copy by the issuing veterinarian or a

5 livestock health official of the state of origin.

6 (4) "Official test" means a sample of specific material col-

7 lected from an animal by an accredited veterinarian, state or

8 federal veterinary medical officer, or other person authorized by

9 the director and analyzed by a laboratory certified by the United

10 States department of agriculture or the department to conduct the

11 test, or a diagnostic injection administered and analyzed by an

12 accredited veterinarian or a state or federal veterinary medical

13 officer. An official test is conducted only by an accredited

14 veterinarian or a state or federal veterinary medical officer

15 except under special permission by the director.

16 (5) "Official vaccination" means a vaccination that the

17 director has designated as reportable, administered by an accred-

18 ited veterinarian or a state or federal veterinary medical offi-

19 cer, and documented on a form supplied by the department.

20 (6) "Originate" refers to direct movement of animals from a

21 herd or flock of origin.

22 (7) "Over 19 months of age" means cattle that have the first

23 pair of permanent incisor teeth visibly present unless the owner

24 can document the exact age. Parturient or postparturient heif-

25 ers, regardless of their age, are considered over 19 months of

26 age.

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1 (8) "Person" means an individual, partnership, corporation,

2 cooperative, association, joint venture, or other legal entity

3 including, but not limited to, contractual relationships.

4 (9) "Poultry" means, but is not limited to, chickens, guinea

5 fowl, turkeys, waterfowl, pigeons, doves, peafowl, and game birds

6 that are propagated and maintained under the husbandry of

7 humans.

8 (10) "Prior entry permit" means a code that is obtained from

9 the department for specific species of livestock imported into

10 the state that is recorded on the official interstate health cer-

11 tificate or official interstate certificate of veterinary inspec-

12 tion before entry into the state.

13 (11) "Privately owned cervid" means all species of the

14 cervid family including, but not limited to, deer, elk, moose,

15 and all other members of the family cervidae raised or maintained

16 in captivity for the production of meat and other agricultural

17 products, sport, exhibition, or any other purpose. A privately

18 owned cervid at large will continue to be considered REMAINS a

19 privately owned cervid as long as it bears visible

20 identification.

21 (12) "Privately owned cervid farm" means any private or

22 public premises that contains 1 or more privately owned cervids

23 and does not have any privately owned cervids removed by the

24 hunting method.

25 (13) "Privately owned cervid ranch" means any private or

26 public premises that contains 1 or more privately owned cervids

27 and has privately owned cervids removed by the hunting method.

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1 (14) "Privately owned white-tailed deer or elk ranch" means

2 any private or public premises that contain 1 or more privately

3 owned white-tailed deer or privately owned elk and has privately

4 owned white-tailed deer or privately owned elk removed by the

5 hunting method.

6 (15) "Pullorum-typhoid" means a disease of poultry caused by

7 both salmonella pullorum and salmonella gallinarum.

8 (16) "Pullorum-typhoid clean flock" means a flock that

9 receives and maintains this status by fulfilling the requirements

10 prescribed in the national poultry improvement plan.

11 (17) "Quarantine" means enforced isolation of any animal or

12 group of animals or restriction of movement of an animal or group

13 of animals, equipment, or vehicles to or from any structure,

14 premises, or area of this state including the entirety of this

15 state.

16 (18) "Ratite" means flightless birds having a flat breast-

17 bone without the keellike prominence characteristic of most

18 flying birds. Ratites include, but are not limited to, casso-

19 waries, kiwis, ostriches, emus, and rheas.

20 (19) "Reasonable assistance" means safely controlling an

21 animal by corralling, stabling, kenneling, holding, tying, chemi-

22 cally restraining, or confining by halter or leash or crowding

23 the animal in a safe and sensible manner so an examination or

24 testing procedure considered necessary by the director can be

25 performed.

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1 (20) "RECOMBINANT NUCLEIC ACID TECHNIQUES" MEANS LABORATORY

2 TECHNIQUES THROUGH WHICH GENETIC MATERIAL IS ISOLATED AND

3 MANIPULATED IN VITRO AND THEN INSERTED INTO AN ORGANISM.

4 (21) (20) "Rendered products" means waste material derived

5 in whole or in part from meat of any animal or other animal mate-

6 rial and other refuse of any character whatsoever that has been

7 associated with any such material at any time during the han-

8 dling, preparation, cooking, or consumption of food that has been

9 ground and heat-treated to a minimum temperature of 230 degrees

10 Fahrenheit to make products including, but not limited to, animal

11 protein meal, poultry protein meal, fish protein meal, grease, or

12 tallow. Rendered products also include bakery wastes, eggs,

13 candy wastes, and domestic dairy products including, but not

14 limited to, milk.

15 (22) (21) "Reportable disease" means an animal disease on

16 the current reportable animal disease list maintained by the

17 state veterinarian that poses a serious threat to the livestock

18 industry, public health, or human food chain.

19 (23) (22) "Slaughter facility premises" means all facili-

20 ties, buildings, structures, including all immediate grounds

21 where slaughtering occurs under federal or state inspection, or

22 otherwise authorized by the director.

23 (24) (23) "Sow" means any female swine that has farrowed

24 or given birth to or aborted 1 litter or more.

25 (25) (24) "State veterinarian" means the chief animal

26 health official of the state as appointed by the director under

27 section 7, or his or her authorized representative.

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1 (26) (25) "Swine" means any of the ungulate mammals of the

2 family suidae.

3 (27) (26) "Terminal operation" means a facility for

4 cattle, privately owned cervids, and goats to allow for continued

5 growth and finishing until such time as the cattle, privately

6 owned cervids, and goats are shipped directly to slaughter.

7 (28) (27) "Toxic substance" means a natural or synthetic

8 chemical in concentrations which alone or in combination with

9 other natural or synthetic chemicals presents a threat to the

10 health, safety, or welfare to human or animal life or which has

11 the capacity to produce injury or illness through ingestion,

12 inhalation, or absorption through the body surface.

13 (29) (28) "Toxicological disease" means any condition

14 caused by or related to a toxic substance.

15 (30) (29) "U.S. registered shield" means a tattoo autho-

16 rized and approved by the United States department of agriculture

17 for use by an accredited veterinarian to designate cattle that

18 have been vaccinated against brucellosis using an approved bru-

19 cella abortus vaccine.

20 (31) (30) "Veterinarian" means a person licensed to prac-

21 tice veterinary medicine under article 15 of the public health

22 code, 1978 PA 368, MCL 333.16101 to 333.18838, or under a state

23 or federal law applicable to that person.

24 (32) (31) "Veterinary biological" means all viruses,

25 serums, toxins, and analogous products of natural or synthetic

26 origin, or products prepared from any type of genetic

27 engineering, such as diagnostics, antitoxins, vaccines, live

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1 microorganisms, killed microorganisms, and the antigenic or

2 immunizing components of microorganisms intended for use in the

3 diagnosis, treatment, or prevention of diseases in animals.

4 (33) (32) "Waters of the state" means groundwaters, lakes,

5 rivers, and streams and all other watercourses and waters within

6 the jurisdiction of the state and also the Great Lakes bordering

7 the state.

8 (34) (33) "Wild animal" means any nondomesticated animal

9 or any cross of a nondomesticated animal.

10 Sec. 12. (1) The director may issue a quarantine on ani-

11 mals, equipment, vehicles, structures, premises, or any area in

12 the state, including the entire state if necessary, for the pur-

13 pose of controlling or preventing the spread of a known or sus-

14 pected infectious, contagious, or toxicological disease.

15 (2) A person shall not move animals that are under quaran-

16 tine without permission from the director.

17 (3) A person shall not allow animals under quarantine to

18 mingle or have contact with other animals not under quarantine

19 without permission by the director.

20 (4) A person shall not import into this state an animal from

21 another state or jurisdiction if that animal is under quarantine

22 by the other state or jurisdiction unless that person obtains

23 prior permission from the director.

24 (5) A person shall not import into this state an animal

25 species, INCLUDING A GENETICALLY ENGINEERED ORGANISM THAT IS A

26 VARIANT OF THAT SPECIES, from an area under quarantine for that

06727'02 *

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1 species for any infectious, contagious, or toxicological disease

2 unless permission is granted from the director.

3 (6) The director may prescribe procedures for the identifi-

4 cation, inventory, separation, mode of handling, testing, treat-

5 ment, feeding, and caring for both quarantined animals and ani-

6 mals within a quarantined area to prevent the infection or expo-

7 sure of nonquarantined or quarantined animals to infectious, con-

8 tagious, or toxicological diseases.

9 (7) The director may prescribe procedures required before

10 any animal, structure, premises, or area or zone in this state,

11 including the entirety of the state if necessary, are released

12 from quarantine.

13 (8) An animal found running at large in violation of a quar-

14 antine may be killed by a law enforcement agency. The director

15 may enlist the cooperation of a law enforcement agency to enforce

16 the provisions of this quarantine. A law enforcement agency kil-

17 ling an animal due to a quarantine under this section is not

18 subject to liability for the animal.

19 Sec. 31. (1) Any species having the potential to spread

20 serious diseases or parasites, to cause serious physical harm, or

21 to otherwise endanger native wildlife, human life, livestock,

22 domestic animals, or property, as determined by the director,

23 shall not be imported into this state. AN ORDER OF THE DIRECTOR

24 UNDER THIS SUBSECTION APPLIES TO ANY GENETICALLY ENGINEERED

25 ORGANISM THAT IS A VARIANT OF THE SPECIES IDENTIFIED IN THE

26 ORDER, UNLESS THE ORDER EXPRESSLY PROVIDES OTHERWISE.

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1 (2) The director may require compliance with any or all of

2 the following before the importation of a wild animal or an

3 exotic animal species not regulated by the fish and wildlife

4 service of the United States department of interior or the

5 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) AN ORDER OF THE DIRECTOR UNDER SUBSECTION (2) APPLIES TO

16 ANY GENETICALLY ENGINEERED ORGANISM THAT IS A VARIANT OF THE SPE-

17 CIES IDENTIFIED IN THE ORDER, UNLESS THE ORDER EXPRESSLY PROVIDES

18 OTHERWISE.

19 (4) (3) An official interstate health certificate or offi-

20 cial interstate certificate of veterinary inspection signed by an

21 accredited veterinarian from the state of origin shall accompany

22 all wild animal or exotic animal species imported into this

23 state. The official interstate health certificate or official

24 interstate certificate of veterinary inspection shall comply with

25 all the requirements of section 20(1)(a), (b), (c), (d), (e), and

26 (f).

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1 (5) (4) A wild animal or exotic animal species permitted

2 to enter this state shall receive housing, feeding, restraining,

3 and care that is approved by the director.

4 (6) (5) A person shall not import or release live feral

5 swine or any crosses of feral swine in this state for any purpose

6 without permission from the director.

06727'02 * Final page. TMV