HB-6205, As Passed House, December 21, 2018
HB-6205, As Passed Senate, December 20, 2018
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 6205
A bill to amend 1988 PA 466, entitled
"Animal industry act,"
by amending the title and sections 1, 3, 7, 9, 11b, 12, 14, 19, 20,
22, 31, 39, 40, 43, 44, and 46 (MCL 287.701, 287.703, 287.707,
287.709, 287.711b, 287.712, 287.714, 287.719, 287.720, 287.722,
287.731, 287.739, 287.740, 287.743, 287.744, and 287.746), the
title and section 43 as amended by 1996 PA 369, sections 1, 20, 39,
and 40 as amended by 2000 PA 323, sections 3, 9, 11b, 14, 19, 22,
and 44 as amended by 2002 PA 458, section 7 as amended by 1994 PA
41, sections 12 and 31 as amended by 2003 PA 271, and section 46 as
added by 2009 PA 117, and by adding sections 3a, 3b, 12a, 12b, 14a,
17b, 17c, 17d, 40a, 40b, 43a, and 47; and to repeal acts and parts
of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to authorize and require the appointment of a state
veterinarian within the department of agriculture and rural
development; to protect the human food chain and the livestock and
aquaculture
industries industry of the this state through
prevention, control, and eradication of infectious, contagious, or
toxicological diseases of livestock and other animals; to prevent
the importation of certain nonindigenous animals under certain
circumstances; to safeguard the human population from certain
diseases that are communicable between animals and humans; to
prevent or control the contamination of livestock with certain
toxic substances through certain livestock or livestock products;
to provide for indemnification for livestock under certain
circumstances; to provide for certain powers and duties for certain
state agencies and departments; to provide for the promulgation of
rules; to provide for certain hearings; to provide for remedies and
penalties; and to repeal acts and parts of acts.
Sec. 1. (1) This act shall be known and may be cited as the
"animal industry act".
(2)
This act is intended to protect the health , and safety ,
and
welfare of humans and the health, safety, and welfare of
animals , and to
be consistent with applicable federal and state
laws , and shall be so construed.
Sec. 3. As used in this act:
(a)
(1) "Accredited veterinarian" means a
veterinarian
approved
by the administrator of the United States department
Department
of agriculture, animal Agriculture, Animal and plant
health
inspection service Plant
Health Inspection Service in
accordance
with provisions of 9 C.F.R. CFR part 161, and considered
preapproved to perform certain functions of federal and cooperative
state/federal programs.
(b) (2)
"Animal" means mollusks,
crustaceans, and vertebrates
other than human beings including, but not limited to, livestock,
exotic animals, aquaculture species, and domestic animals.
(c) (3)
"Animal movement
certificate" means animal movement
authorization established in a manner approved and issued by the
director that contains, at a minimum, the following information
regarding animals or an animal:
(i) (a)
The point of origin and point of
destination.
(ii) (b)
Official identification.
(iii) (c)
Anticipated movement date.
(iv) (d)
Any required official test results. for
bovine
tuberculosis.
(d) "Animal welfare" means the well-being of animals based
upon animal husbandry, animal science, and veterinary science
practices and standards.
(e) "Approved laboratory" means a state, federal, or private
veterinary diagnostic laboratory approved by the United States
Department of Agriculture Animal and Plant Health Inspection
Service, veterinary services, to conduct approved official
laboratory tests for a specific reportable animal disease.
(f) "Approved vaccine" means a veterinary biological as
described in 9 CFR subchapter E that is administered to livestock
or other animals to induce immunity in the recipient and approved
by the state veterinarian.
(g) (4)
"Aquaculture" means the commercial
husbandry
propagation and rearing of aquaculture species on the approved list
of aquaculture species under the Michigan aquaculture development
act,
1996 PA 199, MCL 286.871 to 286.884, including, in controlled
or selected environments. Aquaculture includes, but is not limited
to, the culturing, producing, growing, using, propagating,
harvesting,
transporting, importing, exporting, or marketing of any
aquaculture
products , coproducts, or
by-products of fish,
crustaceans,
mollusks, reptiles, and amphibians, reared or cultured
under
controlled conditions in an aquaculture facility.an
appropriate permit or registration.
(h) (5)
"Aquaculture facility"
means that term as defined
under
in the Michigan aquaculture development act, 1996 PA
199, MCL
286.871 to 286.884.
(6)
"Approved vaccine" means a veterinary biological
administered
to livestock or other animals to induce immunity in
the
recipient and approved by the state veterinarian.
(i) "Aquaculture species" means that term as defined in the
Michigan aquaculture development act, 1996 PA 199, MCL 286.871 to
286.884.
(j) "Autogenous veterinary biological" means all bacteria,
viruses, serums, toxins, or analogous products from a specific herd
that are custom-made with herd-specific antigens.
(k) (7)
"Carcasses" means the
dead bodies of animals, poultry,
or aquaculture. Carcasses do not include rendered products.
(l) (8)
"Cattle" means all bovine
(genus bos) animals,
bovinelike animals (genus bison) also commonly referred to as
American buffalo or bison, and any cross of these species unless
otherwise specifically provided.
(9)
"Cattle importation lot" means a premises registered with
the
department and used only to feed cattle in preparation for
slaughter.
(m) (10)
"Commingling" means
concurrently or subsequently
sharing or subsequent use by livestock or other domestic animals of
the same pen or same section in a facility or same section in a
transportation unit where there is physical contact or contact with
bodily excrements, aerosols, or fluids from other livestock or
domestic animals.
(n) (11)
"Consignee" means the a person
receiving the animals
at
the point of destination named on the an official interstate or
intrastate health certificate, official interstate certificate of
veterinary inspection or animal movement certificate, entry
authorization form, fish disease inspection report, owner-shipper
statement, or sales invoice.
(o) "Consignor" means a person sending animals at the point of
origin named on an official interstate or intrastate health
certificate, official interstate certificate of veterinary
inspection or animal movement certificate, entry authorization
form, fish disease inspection report, owner-shipper statement, or
sales invoice.
(p) (12)
"Contagious disease"
means an illness due to a
specific infectious agent or suspected infectious agent or its
toxic
products which that arises through transmission of that agent
or its products from an infected animal, or inanimate reservoir to
a susceptible host, either directly or indirectly through an
intermediate plant or animal host, vector, or the inanimate
environment, or via an airborne mechanism.
(q) (13)
"Dealer" means any a person
required to be licensed
under 1937 PA 284, MCL 287.121 to 287.131, and engaged in the
business of buying, receiving, selling, exchanging, transporting,
negotiating, or soliciting the sale, resale, exchange,
transportation, or transfer of livestock.
(r) (14)
"Department" means the Michigan
department of
agriculture and rural development.
(s) (15)
"Direct movement" means
transfer of animals to a
destination
without unloading the animals en route. and without
exposure
to any other animals or bodily excrements, aerosols, or
fluids
from other animals.
(t) (16)
"Director" means the
director of the Michigan
department
of agriculture or his or her authorized representative.
(u) (17)
"Disease" means any
animal health condition with
potential for economic impact, public or animal health concerns, or
food safety concerns.
(v) "Disease free zone" means an area in this state with a
defined dimension determined by the director to be free of a
specific reportable animal disease.
(w) (18)
"Distribute" means to
deliver other than by
administering or dispensing a veterinary biological.
(x) (19)
"Domestic animal" means those
a species of animals
animal
that live lives under
the husbandry of humans.
(20)
"Emergency fish diseases" means certain infectious
diseases
of fish that are transmissible directly or indirectly from
1
fish to another and are not known to exist within the waters of
the
state. Emergency fish diseases include, but are not limited to,
viral
hemorrhagic septicemia, infectious hematopoietic necrosis,
ceratomyxosis,
and proliferative kidney disease.
(y) (21)
"Equine" means all
animals of the equine family which
and includes horses, asses, jacks, jennies, hinnies, mules,
donkeys, burros, ponies, and zebras.
(z) (22)
"Exhibition or
exposition" means a congregation,
gathering,
or collection of livestock animals
that are presented or
exposed to public view for show, display, swap, exchange,
entertainment, educational event, instruction, advertising, or
competition. Exhibition or exposition does not include livestock
for
sale at public stockyards, auctions, saleyards, and or
livestock
yards licensed under the provisions of 1937 PA 284, MCL
287.121 to 287.131.
(aa) (23)
"Exhibition facility"
means any facility used or
intended to be used for public view, show, display, swap, exchange,
entertainment, advertisement, educational event, or competition
involving livestock. Exhibition facility does not include a public
stockyard,
an auction saleyard, and or
a livestock yard where
livestock are accepted on consignment and the auction method is
used in the marketing of the livestock.
(bb) (24)
"Exhibitor" means any a person
who presents
livestock for public display, exhibition, or competition or enters
livestock in a fair, show, exhibition, or exposition.
(cc) (25)
"Exotic animal" means those
animals a species of
animal
that are is not
native to North America.the
United States.
(dd) (26)
"Fair" means a
competition and educational
exhibition of agricultural commodities and manufactured products
for
which premiums may be paid. and which is conducted by an
association
or governmental entity.
(ee) (27)
"Feral swine" means swine
which that have lived
their
life or any part of their life as free roaming. or not under
the
husbandry of humans.
(ff) "Fish disease inspection report" means a document
prepared by a fish health laboratory approved by the director, a
veterinarian, or a fish health official giving evidence of
inspections and diagnostic work performed.
(gg) "Fish health official" means a veterinarian or a fish
health specialist approved by the director who is responsible for
conducting aquaculture facility inspections and issuing fish
disease inspection reports.
(hh) "Flock" means all of the poultry on 1 premises or, in the
discretion of the department, a group of poultry that is segregated
from all other poultry on the same premises.
(ii) "Garbage" means any animal origin products, including
those of poultry and fish origin, or other animal material
resulting from the handling, processing, preparation, cooking, or
consumption of foods. Garbage includes, but is not limited to, any
refuse of any type that has been associated with any such material
at any time during the handling, preparation, cooking, or
consumption of food. Garbage does not include rendered products or
manure.
(jj) "Genetically engineered" refers to an organism whose
genome, chromosomal or extrachromosomal, is modified permanently
and heritably using recombinant nucleic acid techniques, or the
progeny thereof.
(kk) "Grade" means an animal for which no proof of
registration with an appropriate breed registry is provided.
(ll) "Herd or flock of origin" means any herd or flock in
which animals are born and remain until movement or any herd or
flock in which animals remain for at least 30 days immediately
following direct movement into the herd or flock from another herd
or flock. Herd or flock of origin includes the place of origin,
premises of origin, and farm of origin.
(mm) "High-risk area" means an area in this state that has a
defined dimension determined by the director in which a specific
reportable animal disease has been diagnosed in domesticated
animals.
(nn) "Infectious disease" means a disorder caused by an
organism, including, but not limited to, a bacteria, virus, fungus,
parasite, or analogous organism, and that can be directly or
indirectly passed from animal to animal.
(oo) "Infected zone" means an area in this state that has a
defined dimension determined by the director in which a specific
reportable animal disease is present in animals and separated from
a disease free zone by a surveillance zone.
(pp) "Intrastate movement" means movement from 1 premises to
another within this state. Intrastate movement does not include the
movement of animals from 1 premises within this state directly to
another premises within this state if both premises are part of the
same operation under common ownership and both premises are
directly interrelated. Except when intrastate movement causes
livestock to cross from 1 zone into another zone, livestock shall
meet the testing requirements for its zone of origin.
(qq) "Isolated" means the physical separation of animals by a
physical barrier in such a manner that other animals do not have
access to the isolated animals' bodies, excrement, aerosols, or
discharges, as approved by the director.
(rr) "Law enforcement agency" means the department of state
police, the department of natural resources, a law enforcement
agency of a county, township, city, or village, or a tribal law
enforcement agency that is responsible for the prevention and
detection of crime and enforcement of the criminal laws of this
state.
(ss) "Livestock" means those species of animals used for human
food and for fiber or those species of animals used for service to
humans. Livestock includes, but is not limited to, cattle, sheep,
new world camelids, old world camelids, goats, bison, privately
owned cervids, ratites, swine, equine, poultry, aquaculture
species, and rabbits. Livestock does not include dogs or cats.
(tt) "Livestock auction market" means a livestock market where
livestock is accepted on consignment and the auction method is used
in the marketing of consigned livestock as defined in 1937 PA 284,
MCL 287.121 to 287.131.
(uu) "National Poultry Improvement Plan" means a plan for the
control or eradication of certain poultry diseases that is
published in 9 CFR parts 145 and 147.
(vv) "Native" means an animal born and raised in this state,
or legally imported into this state and having complied with entry
requirements prescribed by the director, and having been maintained
in this state for at least 30 days.
(ww) "New world camelids" means animals belonging to the genus
llama and vicuna of the family camelidae of the order artiodactyla
including, but not limited to, the llama, alpaca, vicuna, and
guanaco.
(xx) "Offal" means the waste parts resulting from the
processing of animals, poultry, fish, and aquaculture species.
Offal does not include rendered products.
(yy) "Official identification" means an identification ear
tag, tattoo, electronic identification, or other identification
approved by the United States Department of Agriculture or the
department.
(zz) "Official interstate health certificate" or "official
interstate certificate of veterinary inspection" means a form in
paper or electronic format with a unique identifier that is adopted
by any state that documents the information required under section
20 and that is issued for animals being imported to or exported
from this state within 30 days before the importation or
exportation of the animals it describes. A photocopy of an official
interstate health certificate or an official interstate certificate
of veterinary inspection is considered an official copy if
certified as a true copy by the issuing veterinarian or a livestock
health official of the state of origin.
(aaa) "Official test" means a sample of specific material
collected from an animal by an accredited veterinarian, state or
federal veterinary medical officer, or other person authorized by
the director and analyzed by a laboratory certified by the United
States Department of Agriculture or the department to conduct the
test, or a diagnostic injection administered and analyzed by an
accredited veterinarian or a state or federal veterinary medical
officer. An official test is conducted only by an accredited
veterinarian or a state or federal veterinary medical officer
except under special permission by the director.
(bbb) "Official vaccination" means a vaccination that the
director has designated as reportable, administered by an
accredited veterinarian or a state or federal veterinary medical
officer, and documented on a form supplied by the department.
(ccc) "Old world camelid" means a Bactrian or an Arabian or
dromedary camel.
(ddd) "Originate" means the direct movement of animals from a
herd or flock of origin.
(eee) "Person" means an individual, partnership, corporation,
cooperative, association, joint venture, or other legal entity
including, but not limited to, contractual relationships.
(fff) "Potential high-risk area" means an area in this state
that has a defined dimension determined by the director in which a
specific reportable animal disease has been diagnosed in wild
animals only.
(ggg) "Poultry" means, but is not limited to, chickens, guinea
fowl, turkeys, waterfowl, pigeons, doves, peafowl, and game birds
that are propagated and maintained under the husbandry of humans.
(hhh) "Prior entry permit" means a code that is obtained from
the department for specific species of animals imported into this
state that is recorded on the official interstate health
certificate, official interstate certificate of veterinary
inspection, or fish disease inspection report before entry into
this state.
(iii) "Prior movement permit" means prior documented
permission given by the director before intrastate movement of an
animal.
(jjj) "Privately owned cervid" means all species of the cervid
family including, but not limited to, deer, elk, moose, and all
other members of the family cervidae propagated and maintained
under the husbandry of humans for the production of meat and other
agricultural products, sport, exhibition, or any other purpose
approved by the director. A privately owned cervid at large remains
a privately owned cervid as long as it bears visible identification
and is recovered by its owner within 48 hours after the time the
cervid is discovered.
(kkk) "Pullorum-typhoid" means a disease of poultry caused by
salmonella pullorum or salmonella gallinarum.
(lll) "Pullorum-typhoid clean flock" means a flock that
receives and maintains this status by fulfilling the requirements
prescribed in the National Poultry Improvement Plan.
(mmm) "Quarantine" means enforced isolation of any animal or
group of animals or restriction of movement of an animal or group
of animals, equipment, or vehicles to or from any structure,
premises, or area of this state including the entirety of this
state.
(nnn) "Ratite" means flightless birds having a flat breastbone
without the keellike prominence characteristic of most flying
birds. Ratites include, but are not limited to, cassowaries, kiwis,
ostriches, emus, and rheas.
(ooo) "Reasonable assistance" means safely controlling an
animal by corralling, stabling, kenneling, holding, tying,
chemically restraining, or confining by halter or leash or crowding
the animal in a safe and sensible manner so an examination or
testing procedure considered necessary by the director can be
performed.
(ppp) "Recombinant nucleic acid techniques" means laboratory
techniques through which genetic material is isolated and
manipulated in vitro and then inserted into an organism.
(qqq) "Rendered products" means waste material derived in
whole or in part from meat of any animal or other animal material
and other refuse of any character that has been associated with any
such material at any time during the handling, preparation,
cooking, or consumption of food that has been ground and heat-
treated to a minimum temperature of 170 degrees Fahrenheit for a
minimum of 30 minutes to make products including, but not limited
to, animal protein meal, poultry protein meal, fish protein meal,
grease, or tallow. Rendered products also include bakery wastes,
eggs, candy wastes, and domestic dairy products including, but not
limited to, milk.
(rrr) "Reportable animal disease" means an animal disease on
the current reportable animal disease list maintained by the state
veterinarian that poses a serious threat to the livestock industry,
public health, or animal health, or food supply chain.
(sss) "Slaughter premises" means all facilities, buildings,
structures, including all immediate grounds where slaughtering
occurs under federal or state inspection, or otherwise authorized
by the director.
(ttt) "Sow" means any female swine that has farrowed or given
birth to or aborted 1 litter or more.
(uuu) "State veterinarian" means the chief animal health
official of this state as appointed by the director under section
7, or his or her authorized representative.
(vvv) "Surveillance zone" means an area in this state that has
a defined dimension determined by the director to be at risk for a
specific reportable animal disease and is located adjacent and
contiguous to an infected zone.
(www) "Swine" means any of the ungulate mammals of the family
suidae.
(xxx) "Toxic substance" means a natural or synthetic chemical
or radiologic material in concentrations that alone or in
combination with other natural or synthetic chemicals presents a
threat to the health, safety, or welfare to human or animal life or
that has the capacity to produce injury or illness through
ingestion, inhalation, or absorption through the body surface.
(yyy) "Toxicological disease" means any condition caused by or
related to a toxic substance.
(zzz) "Veterinarian" means a person licensed to practice
veterinary medicine under article 15 of the public health code,
1978 PA 368, MCL 333.16101 to 333.18838, or under a state or
federal law applicable to that person.
(aaaa) "Veterinary biological" means all bacteria, viruses,
serums, toxins, and analogous products of natural or synthetic
origin, or products prepared from any type of genetic engineering,
such as diagnostics, antitoxins, vaccines, live microorganisms,
killed microorganisms, or the antigenic or immunizing components of
microorganisms intended for use in the diagnosis, treatment, or
prevention of diseases in animals.
(bbbb) "Whole herd" means any isolated group of livestock
maintained on common ground for any purpose, or 2 or more groups of
livestock under common ownership or supervision that are
geographically separated but that have an interchange or movement
of livestock without regard to health status as determined by the
director.
(cccc) "Wild animal" means that term as defined in section
43508 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.43508, or any cross of a wild animal with a
domesticated animal.
Sec. 3a. (1) If the director determines that a disease or
condition in animals in this state poses an extraordinary emergency
to the animal industry, public health, or human food chain of this
state, the director shall notify the governor of the determination
and the reasons for this determination. The director shall
recommend to the governor the procedures the director considers
necessary to eliminate the threat.
(2) Upon being notified, the governor may issue a proclamation
declaring a state of emergency. After proclamation of a state of
emergency by the governor, the governor may expedite necessary
procedures to control the spread of, or to eradicate, the disease
or condition.
(3) The director may develop, implement, and enforce a
scientifically based extraordinary emergency order if the director
determines that a delayed response to a specific reportable animal
disease or condition in animals will cause a significant impact on
animals, an animal industry, or public health. The extraordinary
emergency order shall be specific and shall consider the impact on
animals and product movement. An extraordinary emergency order
shall not be in effect for more than 72 hours without the approval
of the department and notification to and advice from
representatives of the impacted animal industry and in no case
shall remain effective for longer than 6 months. The director shall
act in consultation with the director of the department of health
and human services if there is an extraordinary emergency causing a
significant impact on public health.
Sec. 3b. (1) The director may develop, implement, and enforce
scientifically based orders. These orders may include requirements
for testing, animal or premises identification, record keeping or
premovement documentation, or on-farm management practices that
must be completed before the movement of animals from any premises
within this state, or between premises within this state.
(2) Before issuing an order described in subsection (1), the
department shall comply with all of the following to ensure public
notice and opportunity for public comment:
(a) The department shall develop scientifically based
requirements with advice and consultation from the impacted animal
industry and veterinary professionals.
(b) The department shall place the proposed requirements on
the commission of agriculture and rural development agenda at least
1 month before final review and issuance of the order by the
director. During the 1-month period described in this subdivision,
written comments may be submitted to the director and the director
shall hold at least 1 public hearing on the order within the
affected areas.
(c) The department shall, at least 1 month before
implementation of the order, place the proposed requirements in a
media channel in each county within the area subject to the
proposed requirements and at least 1 media channel having
circulation outside of the area.
(3) The director may revise or rescind an order described in
subsection (1). A revision or rescission described in this
subsection shall comply with the requirements of subsection (2),
unless the revision or rescission does not alter the boundary of a
previously established zone.
(4) The director may create an order to establish high-risk
areas, potential high-risk areas, a disease-free zone, an infected
zone, or a surveillance zone based upon the finding of a reportable
animal disease or scientifically based epidemiology. The director
shall notify the commission of agriculture and rural development
and the impacted animal industry.
(5) The director may call upon a law enforcement agency to
assist in enforcing the director's quarantines, orders, or any
other provision of this act.
(6) If the director considers it a benefit to the health or
condition of the animal industry in this state, the director may
enter into agreements with the federal government, other state
governments, tribal governments, or any other person to protect or
enhance the growth of this state's animal industry or the human
food chain.
Sec.
7. (1) The director shall must
appoint an individual as
state
veterinarian who shall will
be the chief animal health
official
of the this state. The appointment shall be made in
accordance with the rules of the state civil service commission.
The
individual appointed as state veterinarian shall must maintain
a current license to practice veterinary medicine in this state and
be federally accredited in this state by the United States
department
Department of agriculture. Agriculture. The state
veterinarian
shall must be skilled in the diagnosis, treatment, and
control of infectious, contagious, and toxicological diseases of
livestock.
The state veterinarian shall must
also be knowledgeable
of state and federal laws as they relate to the intrastate,
interstate, and international movement of animals.
(2) Office facilities and laboratory services for the
investigation of infectious, contagious, or toxicological diseases
of animals shall be made available for the state veterinarian's
use.
(3) Under the direction of the director, the state
veterinarian shall do all of the following:
(a) Develop and enforce policy and supervise activities to
carry out this act and other state and federal laws, rules, and
regulations that pertain to the health and welfare of animals in
this state on public or private premises.
(b) Serve as the authority for animal welfare oversight on
livestock-related issues.
(c) Maintain a list of reportable animal diseases. The state
veterinarian shall review and update the list annually and more
often if necessary. When feasible and practical, the state
veterinarian shall seek input from stakeholders for any changes in
the list of reportable animal diseases.
(d) Develop and implement scientifically based surveillance
and monitoring programs for reportable animal diseases when the
director determines, with advice and consultation from the impacted
animal industry and veterinary profession, that these programs
would aid in the control or eradication of a specific reportable
animal disease or strengthen the economic viability of the
industry.
(e) Maintain a list of veterinary biologicals whose sale,
distribution, use, or administration by any person is reported to
the director when requested by the director within 10 working days
after the sale, distribution, use, or administration. The state
veterinarian shall review and update the list annually and more
often if necessary.
(f) Promulgate rules under the administrative procedures act
of 1969, 1969 PA 306, MCL 24.201 to 24.328, for the use of
veterinary biologicals, including diagnostic biological agents.
(4) Unless otherwise prohibited by law, the state veterinarian
may enter upon any public or private premises to enforce this act.
(5) The state veterinarian shall maintain requirements for the
importation of animals into this state. When feasible and
practical, the state veterinarian shall seek input from
stakeholders for any changes in importation requirements.
(6) The director may waive any testing requirements after
epidemiologic review.
Sec. 9. (1) A person who discovers, suspects, or has reason to
believe that an animal is either affected by a reportable disease
or contaminated with a toxic substance shall immediately report
that fact, suspicion, or belief to the director. The director shall
take appropriate action to investigate the report. A person
possessing an animal affected by, or suspected of being affected
by, a reportable disease or contaminated with a toxic substance
shall allow the director to examine the animal or collect
diagnostic specimens. The director may enter premises where
animals, animal products, or animal feeds are suspected of being
contaminated with an infectious or contagious disease, or a disease
caused by a toxic substance and seize or impound the animal
products or feed located on the premises. The director may withhold
a certain amount of animal products or feed for the purpose of
controlled research and testing. A person who knowingly possesses
or harbors affected or suspected animals shall not expose other
animals to the affected or suspected animals or otherwise move the
affected or suspected animals or animals under quarantine except
with permission from the director.
(2) A person owning animals shall provide reasonable
assistance to the director during the examination and necessary
testing procedures.
(3)
The director may call upon a law enforcement agency to
assist
in enforcing the director's quarantines, orders, or any
other
provisions of this act.All of
the following apply to any
medical or epidemiological information that identifies the owner of
an animal and is gathered by the department in connection with the
reporting of a discovery, suspicion, or reason to believe that an
animal is either affected by a specific reportable animal disease
or contaminated with a toxic substance, or information gathered in
connection with an investigation of the reporting of a discovery,
suspicion, or reason to believe that an animal is affected by a
specific reportable animal disease or contaminated with a toxic
substance:
(a) The information is confidential.
(b) The information is exempt from disclosure under the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(c) State employees or contractors are bound by section 2 of
1973 PA 196, MCL 15.342, with respect to the information.
(d) The information is not open to public inspection without
the owner's consent unless 1 of the following applies:
(i) Public inspection is necessary to protect the public
health or animal health as determined by the director.
(ii) Public inspection is necessary to protect the public
health, as determined by the director of the department of health
and human services.
(e) If the information is released to a legislative body, the
information shall not contain any information that identifies a
specific owner or location.
(4) Notwithstanding any other provision of this act, the state
veterinarian shall be notified of a reportable disease found in a
wild bird, wild animal, game, or protected animal under the natural
resources and environmental protection act, 1994 PA 451, MCL
324.101 to 324.90106, or a state or federal fish hatchery. The
appropriate resource agency, including, but not limited to, the
department of natural resources and the United States Fish and
Wildlife Service, shall retain authority over the wild bird, wild
animal, game, protected animal, or state or federal fish hatchery.
(4)
A person shall not remove or alter the official
identification
of an animal. A person shall not misrepresent an
animal's
identity or the ownership of an animal. A person shall not
misrepresent
the animal's health status to a potential buyer.
(5)
The director shall devise and implement a program to
compensate
livestock owners for livestock that die, are injured, or
need
to be destroyed for humane reasons due to injury occurring
while
the livestock are undergoing mandatory or required testing
for
a reportable disease.
(6)
Any medical or epidemiological information that identifies
the
owners of animals and is gathered in connection with the
reporting
of a discovery, suspicion, or reason to believe that an
animal
is either affected by a reportable disease or contaminated
with
a toxic substance, or information gathered in connection with
an
investigation of the reporting of a discovery, suspicion, or
reason
to believe that an animal is affected by a reportable
disease
or contaminated with a toxic substance is confidential, is
exempt
from disclosure under the freedom of information act, 1976
PA
442, MCL 15.231 to 15.246, and is not open to public inspection
without
the individual's consent unless public inspection is
necessary
to protect the public or animal health as determined by
the
director. Such medical or epidemiological information that is
released
to a legislative body shall not contain information that
identifies
a specific owner.
(7)
As used in subsections (8) to (10):
(a)
"Disease free zone" means any area in the state with
defined
dimensions determined by the department in consultation
with
the United States department of agriculture to be free of
bovine
tuberculosis in livestock.
(b)
"Infected zone" means any area in the state with defined
dimensions
in which bovine tuberculosis is present in livestock and
separated
from the disease free zone by a surveillance zone as
determined
by the department in consultation with the United States
department
of agriculture.
(c)
"Official intrastate health certificate or official
intrastate
certificate of veterinary inspection" means a printed
form
adopted by the department and completed and issued by an
accredited
veterinarian that documents an animal's point of origin,
point
of destination, official identification, and any required
official
test results.
(d)
"Prior movement permit" means prior documented permission
given
by the director before movement of livestock.
(e)
"Surveillance zone" means any area in the state with
defined
dimensions that is located adjacent and contiguous to an
infected
zone as determined by the department in consultation with
the
United States department of agriculture.
(8)
The director may develop, implement, and enforce
scientifically
based movement restrictions and requirements
including
official bovine tuberculosis test requirements, prior
movement
permits, official intrastate health certificates or animal
movement
certificates to accompany movement of animals, and
official
identification of animals for movement between or within a
disease
free zone, surveillance zone, and an infected zone, or any
combination
of those zones.
(9)
The department shall comply with the following procedures
before
issuing zoning requirements described in subsection (8) that
assure
public notice and opportunity for public comment:
(a)
Develop scientifically based zoning requirements with
advice
and consultation from the livestock industry and veterinary
profession.
(b)
Place the proposed zoning requirements on the commission
of
agriculture agenda at least 1 month before final review and
order
by the director. During the 1-month period described in this
subdivision,
written comments may be submitted to the director and
the
director shall hold at least 1 public forum within the affected
areas.
(c)
Place the proposed zoning requirements at least 1 month
before
implementation in a newspaper of each county within the
proposed
zoning requirement area and at least 2 newspapers having
circulation
outside of the proposed zoning requirement area.
(10)
The director may revise or rescind movement restrictions
and
other requirements described in subsection (8), pursuant to
this
section, and any revision or revocation of such movement
restrictions
or other requirements shall comply with the procedure
set
forth in subsection (9) unless the revision does not alter the
boundary
of a previously established zone.
(11)
As used in subsections (12) to (32):
(a)
"High-risk area" means an area designated by the director
where
bovine tuberculosis has been diagnosed in livestock.
(b)
"Intrastate movement" means movement from 1 premises to
another
within this state. Intrastate movement does not include the
movement
of livestock from 1 premises within the state directly to
another
premises within the state when both premises are a part of
the
same livestock operation under common ownership and both
premises
are directly interrelated as part of the same livestock
operation.
Except that when intrastate movement causes livestock to
cross
from 1 zone into another zone, livestock must meet the
testing
requirements for their zone of origin.
(c)
"Potential high-risk area" means an area determined by the
director
in which bovine tuberculosis has been diagnosed in wild
animals
only.
(d)
"Whole herd" means any isolated group of cattle, privately
owned
cervids, or goats maintained on common ground for any
purpose,
or 2 or more groups of cattle, privately owned cervids, or
goats
under common ownership or supervision geographically
separated
but that have an interchange or movement of cattle,
privately
owned cervids, or goats without regard to health status
as
determined by the director.
(e)
"Whole herd test" means a test of any isolated group of
cattle
or privately owned cervids 12 months of age and older or
goats
6 months of age or older maintained on common ground for any
purpose;
2 or more groups of cattle, goats, or privately owned
cervids
under common ownership or supervision geographically
separated
but that have an interchange or movement of cattle,
goats,
or privately owned cervids without regard to health status
as
determined by the director; or any other test of an isolated
group
of livestock considered a whole herd test by the director.
(12)
This section does not exempt dairy herds from being
tested
in the manner provided for by grade "A" pasteurized milk
ordinance,
2001 revision of the United States public health
service/food
and drug administration, with administrative
procedures
and appendices, set forth in the public health
service/food
and drug administration publication no. 229, and the
provisions
of the 1995 grade "A" condensed and dry milk products
and
condensed and dry whey-supplement I to the grade "A"
pasteurized
milk ordinance, 2001 revisions, and all amendments to
those
publications thereafter adopted pursuant to the rules that
the
director may promulgate.
(13)
The director may establish high-risk areas and potential
high-risk
areas based upon scientifically based epidemiology. The
director
shall notify the commission of agriculture and publish
public
notice in a newspaper of each county with general
circulation
in any area designated as a high-risk or potential
high-risk
area.
(14)
All cattle and goat herds located in high-risk areas
shall
be whole herd bovine tuberculosis tested at least once per
year.
After the first whole herd bovine tuberculosis test, testing
shall
occur between 10 and 14 months from the anniversary date of
the
first test. This section does not prevent whole herd testing by
the
owner or by department mandate at shorter intervals. When 36
months
of testing fails to disclose a newly affected herd within
the
high-risk area or any portion of the high-risk area, the
director
shall remove the high-risk area designation from all or
part
of that area.
(15)
Terminal operations located in high-risk areas in this
state
are exempt from the requirements of subsection (14) and shall
be
monitored by a written surveillance plan approved by the
director.
(16)
All cattle and goat herds located in potential high-risk
areas
shall be whole herd bovine tuberculosis tested within 6
months
after the director has established a potential high-risk
area
or have a written herd plan with a targeted whole herd bovine
tuberculosis
testing date. When all herds meet the testing
requirements
imposed in this subsection, the director shall remove
the
potential high-risk area designation.
(17)
Terminal operations located in potential high-risk areas
in
this state are exempt from the requirements of subsection (16)
and
may be monitored by a written surveillance plan approved by the
director.
(18)
Each owner of any privately owned cervid herd within a
high-risk
area shall cause an annual whole herd bovine tuberculosis
test
to be conducted on all privately owned cervids 12 months of
age
and older within the herd and all cattle and goats 6 months of
age
and older in contact with the cervids. Following the initial
annual
whole herd test, subsequent whole herd tests shall be
completed
at 9- to 15-month intervals. This section does not
prevent
whole herd testing by the owner or by department mandate at
shorter
intervals.
(19)
Each owner of any privately owned cervid ranch within a
high-risk
area may elect to undergo a tuberculosis slaughter
surveillance
plan approved by the director in lieu of the annual
whole
herd testing. This slaughter surveillance plan must include
examination
of animals removed from the herd for detection of
tuberculosis.
Examination must be performed by a state or federal
veterinarian
or accredited veterinarian. The number to be examined
at
each testing interval shall include adult animals and must be
equal
to the amount necessary to establish an official tuberculosis
monitored
herd as defined in the bovine tuberculosis eradication
uniform
methods and rules, effective January 22, 1999, and all
amendments
to those publications thereafter adopted pursuant to
rules
that the director may promulgate.
(20)
All cattle and goat herds, except livestock assembled at
feedlots
where all animals are fed for slaughter before 24 months
of
age, that are located in any area outside a high-risk area or a
potential
high-risk area in this state shall be whole herd bovine
tuberculosis
tested between January 1, 2000 and December 31, 2003.
Privately
owned cervid herds located in the non-high-risk areas or
potential
high-risk areas shall be tested per sections 30c and 30d.
The
director may order testing for any reportable disease in any
geographical
area or in any herd to accomplish surveillance
necessary
for the state of Michigan to participate in the national
tuberculosis
eradication program, to complete epidemiologic
investigations
for any reportable disease, or in any instance where
a
reportable disease is suspected. The director may establish a
surveillance
testing program for cattle and goats to replace the
testing
protocol and meet the intrastate movement requirements
under
subsections (22) and (23). A person shall not sell or offer
for
sale, move, or transfer any livestock that originate from a
herd
or area under order for testing by the director unless the
livestock
have met the requirements of the order issued under this
subsection.
If a person does not cause a herd to be tested in
compliance
with this order, the director shall notify the person
responsible
for management of the herd of the necessity for testing
to
occur and the deadline for testing to occur and shall quarantine
any
herd that has not been tested until such time as the testing
can
be completed by state or federal regulatory veterinarians or
accredited
veterinarians.
(21)
Terminal operations and privately owned cervid premises
located
in any area outside a high-risk area or a potential high-
risk
area in this state may be exempted from subsection (18) and
may
be monitored by a written surveillance plan approved by the
director.
(22)
Subject to subsection (24), cattle and goats originating
in
an area not designated as a high-risk area moving intrastate
shall
meet at least 1 of the following until the zone, area, or the
entirety
of the state from which they originate receives
tuberculosis-free
status from the United States department of
agriculture
or under other circumstances as approved by the
director:
(a)
Originate directly from a herd that has received an
official
negative whole herd bovine tuberculosis test within the 24
months
before the intrastate movement.
(b)
Has received an individual official negative bovine
tuberculosis
test within 60 days before the intrastate movements.
(c)
Has originated directly from an accredited bovine
tuberculosis-free
herd as defined in title 9 of the code of federal
regulations
and the bovine tuberculosis eradication: uniform
methods
and rules, effective January 22, 1999, approved by
veterinary
services of the United States department of agriculture,
and
all amendments to those publications thereafter adopted
pursuant
to rules that the director may promulgate.
(23)
Subject to subsection (24), cattle and goats originating
in
a high-risk area that move intrastate shall meet at least 1 of
the
following until the zone, area, or the entirety of the state
from
which they originate is no longer designated as a high-risk
area
by the director or under other circumstances as approved by
the
director:
(a)
Originate directly from a herd that has received an
official
negative whole herd bovine tuberculosis test within the 12
months
before the intrastate movement.
(b)
Has received an individual official negative bovine
tuberculosis
test within 60 days before the intrastate movements.
(c)
Has originated directly from an accredited bovine
tuberculosis-free
herd as defined in title 9 of the code of federal
regulations
and the bovine tuberculosis eradication: uniform
methods
and rules effective January 22, 1999, approved by
veterinary
services of the United States department of agriculture,
and
all amendments to those publications thereafter adopted
pursuant
to rules that the director may promulgate.
(24)
Cattle and goats not meeting subsection (22) or (23) may
be
sold through a livestock auction market for slaughter only.
Slaughter
must occur within 5 days after the sale. The buyer of
livestock
sold for slaughter shall provide verification that the
slaughter
occurred within 5 days after sale upon request of the
director.
Failure of a buyer of livestock sold for slaughter to
comply
with this subsection subjects that buyer to the penalties
and
sanctions of this act.
(25)
Privately owned cervids moving intrastate shall meet
requirements
under section 30b.
(26)
Bovine tuberculosis testing required under this section
shall
be an official test. Accredited veterinarians under contract
and
approved under this subsection may be paid by the department
for
testing services. Approved veterinarians paid by the department
or
the United States department of agriculture for bovine
tuberculosis
testing required by this section must attend an
initial
bovine tuberculosis educational seminar approved by the
director.
(27)
Bovine tuberculosis testing shall be conducted by the
department,
United States department of agriculture, or accredited
veterinarians.
(28)
Individual livestock that have been injected and are
undergoing
bovine tuberculosis testing shall not be removed from
the
premises where the test is administered until the test is read
except
as permitted by the director.
(29)
With advice and consultation from the livestock industry
and
veterinary profession, the director shall pay to a producer for
assistance
approved by the Michigan commission of agriculture for
whole
herd bovine tuberculosis testing required in subsections
(14),
(16), (18), and (20).
(30)
The director shall pay to an operator or owner of a
livestock
auction market on a 50/50 cost share basis for chutes,
gates,
and remodeling to expedite identification of livestock for
bovine
tuberculosis surveillance and eradication.
Sec.
11b. (1) All cattle , goats, sheep, and privately owned
cervids
shall must bear official identification before they leave a
premises, unless the first point of destination is a tagging
agreement site approved by the director. As used in this
subsection, "official identification" means an electronic radio
frequency identification or other forms of official identification
for cattle as approved by the director.
(2) Subject to subsection (3), all goats, sheep, and privately
owned cervids shall bear official identification before they leave
a premises.
(3) Sheep and swine presented for exhibition or exposition or
at fairs within this state shall be individually identified with an
official identification tag. For purposes of this subsection, a
tattoo is not an official identification tag.
(4) (2)
Compliance with this section
regarding official
identification is the responsibility of the owner.
(5) A person shall not do either of the following:
(a) Remove or alter the official identification of an animal.
(b) Misrepresent an animal's identity or the ownership of an
animal.
(6) (3)
Official identification shall may be
supplied by the
department.
Sec. 12. (1) The director may issue a quarantine on animals,
equipment,
vehicles, structures, premises, or any area in the this
state, including the entire state if necessary, for the purpose of
controlling or preventing the spread of a known or suspected
infectious, contagious, or toxicological disease.
(2) A person shall not move animals that are under quarantine
without permission from the director.
(3) A person shall not allow animals under quarantine to
mingle with or have contact with other animals not under quarantine
without permission by the director.
(4) A person shall not import into this state an animal from
another state or jurisdiction if that animal is under quarantine by
the other state or jurisdiction unless that person obtains prior
permission from the director.
(5) A person shall not import into this state an animal
species, including a genetically engineered organism that is a
variant of that species, from an area under quarantine for that
species for any infectious, contagious, or toxicological disease
unless permission is granted from the director.
(6) The director may prescribe procedures for the
identification, inventory, separation, mode of handling, testing,
treatment, feeding, and caring for both quarantined animals and
animals within a quarantined area to prevent the infection or
exposure of nonquarantined or quarantined animals to infectious,
contagious, or toxicological diseases.
(7) The director may prescribe procedures required before any
animal, structure, premises, or area or zone in this state,
including
the entirety of the this state if necessary, are released
from quarantine.
(8) An animal found running at large in violation of a
quarantine may be killed by a law enforcement agency. The director
may enlist the cooperation of a law enforcement agency to enforce
the provisions of this quarantine. A law enforcement agency killing
an animal due to a quarantine under this section is not subject to
liability for the animal.
Sec. 12a. (1) The director may require movement controls for
the movement of animals within this state to prevent or control a
specific reportable animal disease, as provided in section 3b.
(2) The director may require an official intrastate health
certificate or official intrastate certificate of veterinary
inspection or another form approved by the director to be prepared
and signed by an accredited veterinarian.
(3) Animals subject to movement controls described in
subsection (1) shall be accompanied with a copy of an official
intrastate health certificate, official intrastate certificate of
veterinary inspection, or other form approved by the director.
(4) When the intrastate movement of livestock causes livestock
to cross from 1 zone into another zone, the livestock shall meet
the testing requirements for their zone of origin.
(5) If livestock enter a slaughter facility premises, the
livestock and offspring born on the premises shall not leave the
slaughter facility premises unless prior permission is granted by
the director to move the livestock to an alternate premises.
Sec. 12b. (1) Notwithstanding any other provision of this act
to the contrary, all live privately owned cervids moving from 1
premises to another premises within this state are subject to all
of the following requirements:
(a) The owner shall notify the department within 5 business
days of the movement of the privately owned cervids of the
information described in section 20(1)(a) and (b).
(b) The cervids shall be in compliance with section 11b and
accompanied by the appropriate identification.
(2) All live privately owned cervids 6 months of age or older
moving from 1 premises to another premises within this state,
except those consigned directly to a state or federally inspected
slaughter facility premises, shall comply with 1 of the following:
(a) Originate directly from an official tuberculosis
accredited, qualified, or monitored herd as defined by the United
States Department of Agriculture, and be accompanied by a copy of
the current official letter from the department verifying herd
status.
(b) Originate directly from a herd that has received an
official negative tuberculosis test of all privately owned cervids
12 months of age or older and all cattle and goats 6 months of age
or older in contact with the herd within 24 months before movement.
(c) Receive an individual negative official test for
tuberculosis within 90 days before movement and a negative official
whole herd test within the 120 months before movement, and be
accompanied by a copy of the official tests for tuberculosis
verifying that testing.
(d) Be isolated from all other animals until it receives 2
official negative tuberculosis tests conducted not less than 90
days apart, with the first test conducted not more than 120 days
before movement.
(3) All live privately owned cervids less than 6 months of age
moving from 1 premises to another premises within this state,
except those consigned directly to a state or federally inspected
slaughter facility premises, must comply with 1 of the following:
(a) Originate directly from an official tuberculosis
accredited, qualified, or monitored herd as defined by the United
States Department of Agriculture, and be accompanied by a copy of
the current official letter from the department verifying the herd
status.
(b) Originate directly from a herd that has received an
official negative tuberculosis test of all privately owned cervids
12 months of age or older and all cattle and goats 6 months of age
or older in contact with the herd within 24 months before movement.
(c) Originate directly from a herd that has received an
official negative tuberculosis test of all privately owned cervids
12 months of age or older and all cattle and goats 6 months of age
or older in contact with the herd within the 120 months before
movement and be accompanied by an official permit for movement of
privately owned cervids less than 6 months of age within this state
and remain at the destination stated on the permit until it
receives an official negative tuberculosis test when it reaches 6
months of age, but not more than 8 months of age. For purposes of
this section, the age of the privately owned cervids shall be
determined by the age placed on the official permit for movement of
privately owned cervids less than 6 months of age within this
state. A copy of the official test for tuberculosis and a copy of
the official permit for movement of privately owned cervids less
than 6 months of age within this state shall be forwarded to the
department within 10 days following completion of the testing.
(4) Privately owned cervids with a response other than
negative to any tuberculosis test are not eligible for intrastate
movement without permission from the director.
(5) Privately owned cervids known to be affected with or
exposed to tuberculosis shall not be moved intrastate without
permission from the director.
(6) The department shall keep a current database on privately
owned cervids premises in this state. The database shall include
the owner's name, the owner's current address, location of
privately owned cervids, species of privately owned cervids at the
premises, and the approximate number of privately owned cervids at
the premises.
Sec. 14. (1) If the director determines that the control or
eradication of a disease or condition of livestock warrants entry
onto property where livestock or domestic animals are located, the
director shall order the entry onto property where livestock or
domestic animals are located and authorize seizure, slaughter,
destruction, or other disposition of individual livestock or
domestic
animals or the entire herd, flock, or school. If the
director
has signed an order for the slaughter, destruction, or
other
disposition of livestock or domestic animals, the director
shall
notify the attorney general and the house and senate
appropriations
committees and the department of management and
budget
on the issue of indemnity under this section. The director
may
approve facilities and procedures for the orderly disposal of
animals,
animal products, and animal feeds for the purpose of
controlling
or preventing the spread of an infectious, contagious,
or
toxicological disease. The director may select a site or method
for
the disposal with the advice of the director of the department
of
environmental quality.aquaculture
lot.
(2)
The director may, under rules promulgated by the
department,
allow indemnification for the slaughter, destruction,
or
other disposition of livestock or domestic animals due to
livestock
diseases or toxicological contamination. If the director
has
signed an order for the slaughter, destruction, or other
disposition
of livestock or domestic animals, the owner may apply
for
indemnification. The director shall appraise and inventory the
condemned
livestock or domestic animals. The appraisals and
inventories
shall be on forms approved by the director. The
director
shall use agricultural pricing information from commercial
livestock
or domestic animal auction markets and other livestock or
domestic
animal market information as determined by the director to
determine
the value of condemned livestock or domestic animals.
(3)
Except as otherwise provided in subsection (5),
indemnification
for individual livestock or domestic animals within
a
herd, flock, or school shall be based upon 100% of the fair
market
value of that type of livestock or domestic animal on the
date
of the appraisal and marketable for the purpose for which the
livestock
or domestic animal was intended, not to exceed $4,000.00
for
each livestock or domestic animal. The appraisal determination
shall
not delay the slaughter, destruction, or disposition of the
livestock
or domestic animals. The indemnification amount under
this
subsection shall include a deduction for any compensation
received,
or to be received, from any other source including, but
not
limited to, indemnification by the United States department of
agriculture,
insurance, salvage value, or any monetary value
obtained
to encourage disposal of infected or exposed livestock or
domestic
animals in accordance with a disease control or
eradication
program. The owner shall furnish to the department all
records
indicating other sources of indemnity. An affidavit signed
by
the owner attesting to the amount of compensation for the
livestock
received or to be received from any other source shall
accompany
the appraisal certificate before indemnification under
this
section.
(4)
Except as otherwise provided in subsection (5),
indemnification
for entire herd, flock, or school depopulations of
livestock
or domestic animals shall be based upon 100% of the fair
market
value of that type of animal on the date of the appraisal
and
marketable for the purpose for which the livestock or domestic
animal
was intended, not to exceed an average of $4,000.00 per
animal
in the flock, herd, or school. The appraisal determination
shall
not delay depopulation. The indemnification amount under this
section
shall include a deduction for any compensation received, or
to
be received, from any other source including, but not limited
to,
indemnification by the United States department of agriculture,
insurance,
salvage value, or any monetary value obtained to
encourage
disposal of infected or exposed livestock or domestic
animals
in accordance with a disease control or eradication
program.
The owner shall furnish to the department all records
indicating
other sources of indemnity. An affidavit signed by the
owner
attesting to the amount of compensation for the livestock or
domestic
animals received, or to be received, from any other source
shall
accompany the appraisal certificate prior to indemnification
under
this section.
(5)
The department may provide for indemnity pursuant to this
section
not to exceed $100,000.00 per order, from any line item in
the
annual budget for the department in the applicable fiscal year.
Any
agreement greater than $100,000.00 entered into between the
department
and an owner of livestock shall contain a provision
indicating
that, notwithstanding the terms of the agreement,
indemnification
shall be subject to specific appropriations by the
legislature
and not be paid from department funds.
(6)
Acceptance of compensation under this act constitutes a
full
and complete release of any claim the owner has against the
state
of Michigan, its departments, agencies, officers, employees,
agents,
and contractors to the extent these persons were acting on
behalf
of the state, within the scope of their employment with the
state
or under the direction of the state, its departments,
agencies,
officers, or employees, arising out of testing, purchase,
removal,
slaughter, destruction, and other disposition of the
owner's
animals.
(7)
The right to indemnity from the state for animals
condemned
and ordered slaughtered, destroyed, or otherwise disposed
of
by the director applies only to native livestock and native
domestic
animals. Indemnification shall not apply to livestock or
domestic
animals determined by the department to be imported
without
meeting import requirements such as official interstate
health
certificate or official interstate certificate of veterinary
inspection,
required testing, required vaccination, or for
livestock
or domestic animals determined by the department to have
been
illegally moved within this state. An owner is not entitled to
indemnity
from the state for an animal that comes into the
possession
of the owner with the owner's knowledge that the animal
is
diseased or is suspected of having been exposed to an
infectious,
contagious, or toxicological disease. In addition, the
director
shall not indemnify an owner for animals that have been
exposed
to an animal that comes in to the possession of the owner
with
the owner's knowledge that the animal is diseased or is
suspected
of having been exposed to an infectious, contagious, or
toxicological
disease.
(8)
A premises that has been depopulated shall be cleaned and
disinfected
as prescribed by the director.
(9)
Repopulation of the premises, except as approved by the
director,
shall not confer eligibility for future indemnity under
this
section.
(10)
The department may cooperate and coordinate with the
secretary
of the United States department of agriculture or the
secretary's
authorized representative or other governmental
departments
or agencies regarding indemnification under this
section.
(11)
Not less than annually, within 60 days after the close of
the
fiscal year, the director shall make a written report to the
standing
committees of the house of representatives and senate
having
jurisdiction on agricultural and farming issues. The report
will
include the following:
(a)
The amount expended by the department for bovine
tuberculosis
eradication during the preceding fiscal year.
(b)
An explanation of the expenditures made by the department
for
bovine tuberculosis eradication during the preceding fiscal
year.
(c)
The status of bovine tuberculosis eradication efforts in
Michigan.
(12)
Not less than annually, within 60 days after the close of
the
fiscal year, the director of the department of natural
resources
shall make a written report to the standing committees of
the
house of representatives and senate having jurisdiction on
agricultural
and farming issues. The report will include the
following:
(a)
The amount expended by the department of natural resources
for
bovine tuberculosis eradication during the preceding fiscal
year.
(b)
An explanation of the expenditures made by the department
of
natural resources for bovine tuberculosis eradication during the
preceding
fiscal year.
(2) Animals ordered to be slaughtered, destroyed, or otherwise
disposed of for infectious, contagious, or toxicological disease
shall be identified and slaughtered, destroyed, or otherwise
disposed of in a manner approved by the director.
(3) The director may approve facilities and procedures for the
orderly disposal of animals, animal products, and animal feeds to
control or prevent the spread of an infectious, contagious, or
toxicological disease.
(4) The director may select a site or method for the disposal
described in subsection (3) with the advice of the director of the
department of environmental quality in compliance with 1982 PA 239,
MCL 287.651 to 287.683.
(5) A premises that has been depopulated shall be cleaned and
disinfected as prescribed by the director.
(6) Repopulation of a premises, except as approved by the
director, does not confer eligibility for future indemnity under
section 14a.
(7) The director may require additional biosecurity and
wildlife risk mitigation measures, as determined by the director in
an order under this act, before allowing repopulation of a
premises.
Sec. 14a. (1) The director may allow indemnification for the
slaughter or destruction of livestock due to a reportable animal
disease or toxicological contamination. If the director has signed
an order for the slaughter or destruction of livestock, the owner
may apply for indemnification. To be eligible for indemnification
in an area of this state where a reportable animal disease is
prevalent and an order of the director is in place, a defined
management plan for the area shall be in place. The director shall
appraise and inventory the condemned livestock. The appraisals and
inventories shall be on forms approved by the director. The
director shall use agricultural pricing information from commercial
livestock auction markets and other livestock market information as
determined by the director to determine the value of condemned
livestock.
(2) The director may allow indemnification for the slaughter
or destruction of domestic animals due to reportable animal
diseases or toxicological contamination. The director shall
appraise and inventory the condemned domestic animals. The
appraisals and inventories shall be on forms approved by the
director. The director shall use pricing information from domestic
animal auctions and other domestic animal market information as
determined by the director to determine the value of condemned
domestic animals.
(3) Indemnification for individual or entire herd, flock, or
aquaculture lot depopulations of livestock shall be based upon 100%
of the fair market value of that type of animal on the date of the
appraisal and marketable for the purpose for which the livestock
was intended, not to exceed $10,000.00 for each livestock or an
average of $5,000.00 per animal in the flock, herd, or aquaculture
lot. The appraisal determination shall not delay depopulation. The
indemnification amount under this section shall include a deduction
for any compensation received, or to be received, from any other
source, including, but not limited to, indemnification by the
United States Department of Agriculture, insurance, salvage value,
or any monetary value obtained to encourage disposal of infected or
exposed livestock in accordance with a disease control or
eradication program. The owner shall furnish to the department all
records indicating other sources of indemnity. An affidavit signed
by the owner attesting to the amount of compensation for the
livestock received, or to be received, from any other source shall
accompany the appraisal certificate before indemnification under
this section.
(4) Indemnification for individual or entire group
depopulations of domestic animals shall be based upon 100% of the
fair market value of that type of animal on the date of the
appraisal and marketable for the purpose for which the domestic
animal was intended, not to exceed $4,000.00 for each domestic
animal or an average of $500.00 per animal in the group. The
appraisal determination shall not delay depopulation. The
indemnification amount under this section shall include a deduction
for any compensation received, or to be received, from any other
source, including, but not limited to, indemnification by the
United States Department of Agriculture, insurance, salvage value,
or any monetary value obtained to encourage disposal of infected or
exposed domestic animals in accordance with a disease control or
eradication program. The owner shall furnish to the department all
records indicating other sources of indemnity. An affidavit signed
by the owner attesting to the amount of compensation for the
domestic animals received, or to be received, from any other source
shall accompany the appraisal certificate before indemnification
under this section.
(5) Acceptance of compensation under this act constitutes a
full and complete release of any claim the owner has against this
state and its departments, agencies, officers, employees, agents,
and contractors to the extent these persons were acting on behalf
of this state, within the scope of their employment with this state
or under the direction of this state, its departments, agencies,
officers, or employees, arising out of testing, purchase, removal,
slaughter, destruction, and other disposition of the owner's
livestock or domestic animals.
(6) The right to indemnity from this state for livestock or
domestic animals condemned and ordered slaughtered, destroyed, or
otherwise disposed of by the director applies only to native
livestock and native domestic animals. Indemnification is not
available for livestock or domestic animals determined by the
department to be imported or to be moved within this state without
meeting import or movement requirements, including, but not limited
to, an official interstate health certificate or official
interstate certificate of veterinary inspection, required testing,
required vaccination, or for livestock or domestic animals
determined by the department to have been illegally moved into or
within this state. An owner is not entitled to indemnity from this
state for livestock or a domestic animal that comes into the
possession of the owner with the owner's knowledge that the
livestock or domestic animal is diseased or is suspected of having
been exposed to an infectious, contagious, or toxicological
disease. The director shall not indemnify an owner for livestock or
domestic animals that have been exposed to livestock or a domestic
animal that comes into the possession of the owner with the owner's
knowledge that the livestock or domestic animal is diseased or is
suspected of having been exposed to an infectious, contagious, or
toxicological disease, or that are in violation of an order of the
director.
(7) This state shall not indemnify an owner of livestock or
domestic animals for the loss of the livestock or domestic animals
due to an infectious, contagious, or toxicological disease until
the owner executes and signs a subrogation agreement assigning to
this state the rights of the owner to a cause of action to recover
damages for the loss up to the amount of indemnification paid to
the owner under this act, and presents all necessary documents,
including registration papers, a statement of names and addresses
of all persons to whom or from whom the owner has transferred
livestock or domestic animals within a time period determined by
the director, and signed permission allowing the breed association
to disclose information requested by the director.
(8) The director may require additional biosecurity and
wildlife risk mitigation measures, as determined by the director in
an order under this act, for future indemnification eligibility
under this act.
(9) The department may cooperate and coordinate with the
United States Secretary of Agriculture or the secretary's
authorized representative or other governmental departments or
agencies regarding indemnification under this section.
(10) A livestock owner shall be compensated for livestock that
dies, is injured, or needs to be destroyed for humane reasons due
to an injury occurring while the livestock is undergoing mandatory
testing for a reportable animal disease.
(11) As used in this section, "domestic animal" does not
include livestock.
Sec. 17b. (1) The director may order surveillance testing of
animals for a specific reportable animal disease in this state with
a defined dimension as determined by the director. The director may
also order surveillance testing of animals for either of the
following purposes:
(a) To accomplish surveillance necessary for this state to be
in compliance with rules and regulations adopted by the United
States Secretary of Agriculture under any act of Congress providing
for the prevention, control, or eradication of a reportable animal
disease.
(b) To complete epidemiologic investigations for a specific
reportable animal disease, or in any instance where a reportable
animal disease is suspected.
(2) The director may establish a surveillance testing program
for the intrastate movement of animals.
(3) The director may designate the status of certain herds,
flocks, or aquaculture lots as certified, accredited, validated,
qualified, monitored, clean, or free of a specific disease when the
herd, flock, or aquaculture lot has met the director's requirements
for that status.
(4) Livestock in a herd, flock, or aquaculture lot that is
undergoing an official test shall not be removed from the premises
until the test results from the herd, flock, or aquaculture lot are
available, except as permitted by the director.
Sec. 17c. (1) As used in this section:
(a) "Change of ownership and location" means a transfer of
ownership of equidae from 1 person to another person through
selling, bartering, trading, leasing, or donating the equidae along
with a change of location of the equidae.
(b) "Equine herd" means any of the following:
(i) All animals of the family equidae under common ownership
or supervision that are grouped on 1 or more parts of any single
premises, lot, farm, or ranch.
(ii) All animals of the family equidae under common ownership
or supervision on 2 or more premises that are geographically
separated but in which either or both of the following have
occurred:
(A) The equidae have been interchanged.
(B) Equidae from 1 of the premises have had contact with
equidae from a different premises.
(iii) All animals of the family equidae on common premises,
such as community pastures or grazing association units, but owned
by different persons.
(c) "Equine infectious anemia" means an infectious disease of
equidae caused by a lentivirus, equine infectious anemia virus.
(d) "Equine infectious anemia laboratory test form" means the
official federal government form, veterinary services form 10-11,
required to submit blood samples to an approved laboratory for
equine infectious anemia testing or other form approved by the
director.
(e) "Equine infectious anemia test-positive equine" means any
animal of the family equidae that has been subjected to an official
equine infectious anemia test whose result is positive for equine
infectious anemia.
(f) "Exposed equine" or "exposed equidae" means animals in the
family equidae that have been exposed to equine infectious anemia
by associating with equidae known or later found to be affected
with equine infectious anemia.
(g) "Official equine infectious anemia test" means any test
for the laboratory diagnosis of equine infectious anemia that
utilizes a diagnostic product that is both of the following:
(i) Produced under license from the secretary of agriculture
of the United States Department of Agriculture or the secretary's
authorized representative, under the virus-serum-toxin act, 21 USC
151 to 159.
(ii) Conducted in an approved laboratory.
(h) "Permit" means an official document, vs form 1-27 or
comparable state form, that is issued by a state or federal
representative or by an accredited veterinarian, required to
accompany all equine infectious anemia test-positive equidae and
those exposed equidae that are being moved under official seal
during their movement to the specified destination.
(i) "Restricted equidae" means equine infectious anemia test-
positive equidae or exposed equidae.
(2) Subject to subsection (3), before an equidae may
participate in any of the following activities, it shall have an
official equine infectious anemia test with a negative result
within the previous 12 months of entry documented on an equine
infectious anemia laboratory test form:
(a) For exhibitions, expositions, or fairs.
(b) At a time of change of ownership and location within this
state.
(c) To enter, remain at, or be present on the premises of
horse auctions or sales markets whether or not licensed under 1974
PA 93, MCL 287.111 to 287.119, and 1937 PA 284, MCL 287.121 to
287.131. If an equine infectious anemia test is not possible before
each sale, then the equidae must be held on the sale premises until
the test results are known.
(3) Subsection (2) does not apply to an equidae that is both 6
months or younger and nursing.
(4) Equidae that change ownership and location in this state
or that are moved into this state from another state must have an
official equine infectious anemia test with a negative result
within the previous 12 months. Equidae moved into this state from
another state shall meet the requirements of section 19.
(5) An equine infectious anemia laboratory test form shall
contain, at a minimum, the color, breed, sex, age, markings, name
of owner, and location or address of the equine. A photographic or
graphic likeness may also be used to demonstrate the color and
markings of the equine.
(6) An owner of equidae or an organization sponsoring an event
involving equidae may require an official equine infectious anemia
test for equidae involved in any equidae group activity or that are
commingling with or in proximity to other equidae.
(7) The department shall test all equidae located within a
1/4-mile radius of the perimeter of the area in which the equine
infectious anemia test-positive equine is or has been contained at
the expense of the department. If the director determines that a
large number of equidae are equine infectious anemia test-positive,
the director may require testing of all equidae within an area
larger than the 1/4-mile radius described in this subsection at the
expense of the department.
(8) The director shall quarantine equidae that test positive
to an official equine infectious anemia test and their herd of
origin. Equidae that test positive to an official equine infectious
anemia test may, with approval from the director, be moved or
quarantined to a premises that confines them a minimum of 1/4 mile
away from any other equine. Equidae that test positive to an
official equine infectious anemia test may, with approval from the
director, be segregated and quarantined in an insect-free enclosure
as determined by the director.
(9) The owner or agent of an equine herd that is the source of
an equine infectious anemia test-positive equine shall allow the
director to test, in accordance with the following schedule, the
complete source herd with an official equine infectious anemia test
after the official equine infectious anemia test-positive equidae
have been removed or segregated from the herd in a manner approved
by the director:
(a) Between November 1 and April 30, a source herd may be
tested at any time and qualify for quarantine release if all tested
equidae are negative to an official equine infectious anemia test.
(b) Between May 1 and October 31, a source herd may be tested
after waiting a minimum of 45 days after the official equine
infectious anemia test-positive equidae have been removed or
segregated from the herd. If all equidae tested are negative to the
official equine infectious anemia test, the quarantine may be
released.
(10) To the best of his or her knowledge, the owner of an
equine infectious anemia test-positive equine shall provide to the
department records reflecting the time period during which the
equine infectious anemia test-positive equine both had been on the
premises and had been a member of the equine herd that include at
least the following information:
(a) The name and address of the previous owner.
(b) The location of other equidae that were potentially
exposed to the equine infectious anemia test-positive equine.
(11) Within 30 days after positive test results are reported
to an owner of an equine infectious anemia test-positive equine or
at a different time period agreed to by the director, the owner of
an equine infectious anemia test-positive equine shall provide to
the department the records described in subsection (10).
(12) The director may conduct epidemiological investigations
on all equidae that have possible exposure to official equine
infectious anemia test-positive equidae to determine the need for
additional quarantining and official equine infectious anemia
testing.
(13) A person shall not destroy or remove official equine
infectious anemia test-positive equidae from the original test
location or premises without prior permission from the director.
(14) The owner shall not destroy an official equine infectious
anemia test-positive equine without permission from the director.
The director shall issue a quarantine release and be present when
the equine is destroyed or an accredited veterinarian may document
and certify that the official equine infectious anemia test-
positive equine has been destroyed.
(15) Unless immediately destroyed, official equine infectious
anemia test-positive equidae shall be identified by the director
with the freeze brand 34A, which shall be in characters not less
than 2 inches in height and placed on the left cervical area of the
neck or shall be identified in another manner approved by the
director.
(16) Restricted equidae may move interstate only if
accompanied by a permit listing the owner's name and address,
points of origin and destination, number of equidae included,
purpose of the movement, and at least either the individual equine
registered breed association registration tattoo or the individual
equine registered breed association registration number, or other
unique official identification. The permit shall also list the
equine's name, age, sex, breed, color, and markings.
(17) Equine infectious anemia test-positive equidae may only
move interstate under permit to the following locations:
(a) A federally inspected slaughter facility.
(b) A federally approved diagnostic or research facility.
(c) A herd or farm of origin.
(18) The individual issuing the permit shall consult with the
state animal health official in the state of destination for
approval and shall determine that the equine infectious anemia
test-positive equine to be moved interstate will be maintained in
isolation sufficient to prevent the transmission of equine
infectious anemia to other equidae. The equine infectious anemia
test-positive equine shall remain quarantined under state authority
at the locations described in subsection (17) until natural death,
slaughter, or euthanasia. The carcass shall be disposed of as
provided in 1982 PA 239, MCL 287.651 to 287.683.
(19) Individual exposed equidae may be allowed to move from a
quarantined area for specific purposes if they have a negative test
at the time of movement. The equidae shall be moved under
quarantine and maintained under quarantine at the new premises
until tested negative to an official equine infectious anemia test
at least 45 days after the last known exposure to an equine
infectious anemia test-positive equine.
(20) This section does not exempt dairy herds from being
tested in the manner provided for by grade "A" pasteurized milk
ordinance, 2001 revision of the United States Public Health
Service/Food and Drug Administration, with administrative
procedures and appendices, set forth in the Public Health
Service/Food and Drug Administration publication no. 229, and the
provisions of the 1995 grade "A" condensed and dry milk products
and condensed and dry whey-supplement to the grade "A" pasteurized
milk ordinance, 2001 revisions, and all subsequently adopted
amendments to those publications adopted under rules promulgated by
the director.
Sec. 17d. (1) The owner of any newly established privately
owned cervid operation shall initiate testing for tuberculosis
within 18 months following assembly of the herd. The testing
required by this subsection shall be conducted by an accredited
veterinarian. This subsection does not apply to an owner who
follows a bovine tuberculosis accreditation program or an owner who
acquired the cervids from a herd that was subject to bovine
tuberculosis accreditation program requirements.
(2) Privately owned cervid premises shall meet minimum
requirements for chronic wasting disease testing as required by the
director. The owner of a privately owned cervid operation shall
submit samples to an approved laboratory.
(3) A privately owned cervid premises that is licensed as a
full facility under the privately owned cervidae producers
marketing act, 2000 PA 190, MCL 287.951 to 287.969, shall
participate in the chronic wasting disease herd certification
program.
Sec.
19. (1) Livestock Animals imported into this state shall
meet any and all requirements under appropriate provisions of this
act and, notwithstanding the provisions of any other act, shall be
accompanied by 1 of the following:
(a)
An official interstate health certificate .
(b)
An or an official interstate certificate of veterinary
inspection.
(b) (c)
An owner-shipper statement or sales
invoice if
imported
and consigned directly to slaughter , or if nonnative
neutered
cattle imported directly to a cattle importation
lot.through a livestock auction market and then
directly to
slaughter.
(c) (d)
A "report of sales of hatching
eggs, chicks, and
poults"
(vs form 9-3) for participants in the national poultry
improvement
plan.National Poultry Improvement
Plan.
(d) (e)
A "permit for movement of
restricted animals" (vs form
1-27), if prior approval is granted by the director.
(e) (f)
A fish disease inspection report
for aquaculture only.
(f) (g)
Permission from the director.
(2) All livestock imported into this state shall meet federal
regulations for official identification under 9 CFR part 86, unless
otherwise authorized by the director.
(3) (2)
Brucellosis or tuberculosis
officially classified
suspect or reactor cattle shall not be imported into this state.
(4) (3)
A person shall not import or move
intrastate livestock
known to be affected with or exposed to chronic wasting disease,
tuberculosis,
or brucellosis, or any
other disease identified by
the director, as determined by an official test, without permission
of the director.
(5) (4)
The director may require that a
prior entry permit be
obtained for certain classifications of livestock.
(6) (5)
Any person, consignee, dealer, or
livestock market
operator must ensure that any testing required under this act, any
official
identification required under this act, and any
requirements
for official interstate or intrastate health
certificate,
official interstate or intrastate certificate of
veterinary
inspection, animal movement certificate, owner-shipper
statement,
sales invoice, "report of sales of hatching eggs,
chicks,
and poults" (vs form 9-3), "permit for movement of
restricted
animals" (vs form 1-27), or prior entry permit have been
fulfilled
before accepting any animals on such a certificate and
that
a true copy is provided to the director upon request.the
appropriate documentation accompanies the animal as provided in
subsection (1).
(7) (6)
Livestock Animals shall not be diverted to premises
other
than the destination site named on the official interstate or
intrastate
health certificate, official interstate or intrastate
certificate
of veterinary inspection, owner-shipper statement, sale
invoice,
entry authorization form, exit authorization form, prior
movement
form, vs form 9-3, or vs form 1-27.documentation
described
in subsection (1) that accompanies the animal.
(8) (7)
Livestock Animals imported for exhibition shall meet
the
requirements prescribed by of
this act for importation of
breeding
animals of that such species and shall be accompanied by a
copy of an official interstate health certificate or an official
interstate certificate of veterinary inspection issued by an
accredited veterinarian from the state of origin.
(9) (8)
The director may refuse entry into
this state of
livestock
animals that the director has reason to believe may pose
a
threat to the public health or health of livestock. Livestock
animals. Animals imported into this state shall not originate from
a herd under quarantine unless accompanied by permission issued by
the
director. The director may waive specific requirements if it is
determined
he or she determines that livestock animals imported
from a certain area or state are not a threat to the public health
or
health of livestock.animals.
(10) (9)
If the director determines that
there is a threat to
public health or a threat to the health of animals in this state,
the
director he or she may require additional testing and
vaccination requirements for animals imported or to be imported
into this state.
(11) Upon request of the director, a person transporting
animals shall produce the documentation required in subsection (1).
(12) The director may waive any testing requirements for
importation of animals into this state based upon epidemiologic
review.
Sec.
20. (1) An official interstate or intrastate health
certificate
or official interstate or intrastate certificate of
veterinary inspection shall be prepared and signed by an accredited
veterinarian
in the state of origin for animals requiring such a
certificate
and being imported into this state. or being moved from
1
premises to another premises within this state. An official
interstate
or intrastate health certificate or official interstate
or
intrastate certificate of
veterinary inspection for animals
being
imported to or exported from this state or being moved from 1
premises
to another premises within this state when
required shall
include all of the following:
(a) The complete names, telephone numbers, and physical
addresses of the consignor and consignee, the address of the
premises of the animals to be moved, and the physical destination
address if different from the consignee address.
(b)
A description of the animals by breed, sex, and age, and a
signed
certification by the consignor that the animals in the
shipment
are those described on the certificate. The individual
official identification number by species, as determined by the
director. may
require that certain classifications of animals be
individually
officially identified by ear tag, tattoo, brand, or
registration
number.
(c) The date of examination of the animals by the accredited
veterinarian preparing the certificate, and the date the
certificate was issued.
(d)
The intended use of the livestock, animal, including, but
not limited to, use for sale, dairy, breeding, feeding or grazing,
or
exhibition, immediate slaughter, or other.
(e) The health status of the animals by recording the results
of the required tests, required vaccinations, and any other data
concerning the health of the animals including herd or state
disease-free status. The accredited veterinarian preparing the
certificate shall certify that the animals are free from clinical
signs of infectious, contagious, or toxicological diseases.
(f) The prior entry permit number issued by the director, if a
prior entry permit is required.
(2)
A copy of the official interstate or intrastate health
certificate
or official interstate or intrastate certificate of
veterinary
inspection for livestock animals
being exported from
this
state or for livestock being moved from 1 premises to another
premises
within this state shall be
forwarded by the issuing
accredited
veterinarian to the state veterinarian within 10 7
working days after the date of issuance.
(3) Livestock delivered directly to a slaughter plant shall be
slaughtered within 5 days except for swine, which shall be
slaughtered within 48 hours. Livestock for slaughter delivered to a
livestock auction market as defined in 1937 PA 284, MCL 287.121 to
287.131,
shall be slaughtered within 10 5
days.
Sec. 22. (1) If an animal is imported into this state without
the required official tests, official identification, or documents,
the director may do any or all of the following:
(a) Quarantine the animal or the premises, or both.
(b) Require that the required tests, official identification,
or documents be performed or obtained at the owner's expense.
(c) Require the animal be returned to the state of origin
within
10 days after such notification that the animal was imported
into this state without the required official tests, official
identification, or documents.
(d) Order the slaughter, destruction, or other disposition of
the
livestock, if it is determined by the director determines that
the control or eradication of a disease or condition of the
livestock is warranted. Livestock determined to be imported without
meeting import requirements are not eligible for indemnity.
(e) Allow a direct movement of the animal or animals to
slaughter by permit.
(f) Allow legal importation into another state.
(2) If the official test result, proof of identification, or
proof of shipment of the animal back to the state of origin has not
been received within 15 days after notification, the director may
order that the required tests or official identification be
performed by a department veterinarian, at the owner's or
importer's expense.
Sec. 31. (1) The director may create an order as provided in
this section.
(2) Any species having the potential to spread serious
diseases or parasites, to cause serious physical harm, or to
otherwise
endanger native wildlife, wild
animals, human life,
livestock, domestic animals, or property, as determined by the
director, shall not be imported into this state, except as
determined by the director of the department of natural resources
under section 40107 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.40107. An order of the
director
under this subsection applies to a genetically engineered
variant
of the species identified in the
order, unless the order
expressly
provides otherwise. An order of the director under this
subsection
may be limited to a genetically engineered organism.
(3) (2)
The director may require compliance
with any or all of
the following before the importation of a wild animal or an exotic
animal
species not regulated by the fish Fish and wildlife service
Wildlife
Service of the United States department
Department of
interior
Interior or the department of natural resources of this
state:
(a) Physical examination by an accredited veterinarian be
conducted after importation to determine the health status, proper
housing, husbandry, and confinement of any animal permitted to
enter this state.
(b) Negative test results to specific official tests required
by the director within a time frame before importation into this
state as determined by the director.
(c) Identification prior to importation in a manner approved
by the director.
(d) A prior entry permit.
(3)
An order of the director under subsection (2) applies to a
genetically
engineered variant of the species identified in the
order,
unless the order expressly provides otherwise. An order of
the
director under subsection (2) may be limited to a genetically
engineered
organism.
(4) An official interstate health certificate or official
interstate certificate of veterinary inspection signed by an
accredited veterinarian from the state of origin shall accompany
all wild animal or exotic animal species imported into this state.
The official interstate health certificate or official interstate
certificate of veterinary inspection shall comply with all the
requirements
of section 20(1)(a), (b), (c), (d), (e), and
(f).20(1).
(5) A wild animal or exotic animal species permitted to enter
this state shall receive housing, feeding, restraining, and care
that is approved by the director.
(6) A person shall not import or release live feral swine or
any crosses of feral swine in this state for any purpose without
permission from the director.
(7) Notwithstanding any other provision of this act and except
as provided in section 22 of the large carnivore act, 2000 PA 274,
MCL 287.1122, a person shall not import a large carnivore into this
state.
(8) Notwithstanding any other provision of this act and except
as provided in section 8 of the wolf-dog cross act, 2000 PA 246,
MCL 287.1008, a person shall not import a wolf-dog cross into this
state.
Sec. 39. (1) Unless otherwise approved or waived by the
director,
all of the following shall apply to exhibition
facilities:
(a)
A facility for exhibition of livestock animals shall be
constructed in a manner to allow sufficient separation of each
exhibitor's
livestock animals and to allow for sufficient
separation of species. The facility shall be constructed of a
material that can be adequately cleaned and disinfected.
(b) Animal housing shall be constructed and placed to provide
adequate light and ventilation.
(c) (b)
An exhibition building or
yarding facility and
associated
buildings shall be cleaned and
disinfected with USDA-
approved
a state veterinarian-approved
disinfectant used in
accordance
with label instructions before livestock animals are
admitted. by
removing from the premises all manure, litter, hay,
straw,
and forage from pens, runways, and show rings, and
thoroughly
disinfecting walls, partitions, floors, mangers, yarding
facilities,
and runways before each use in a manner approved by the
director.
(d) Access to hand-cleansing facilities or hand-sanitizing
methods shall be available in close proximity to each building that
houses animals.
(e) Bedding used by livestock, feed waste, shipping
containers, and other animal-associated waste shall be removed from
the animal area and disposed of in a timely and responsible manner.
(f) Animals shall not be used as prizes at carnivals or midway
activities unless approved by the director.
(2) As used in this section:
(a) "Carnival" means a traveling carnival, charity fund-
raiser, amusement arcade, amusement park, or a state or county fair
or similar event.
(b) "Midway activities" means any game of chance, game of
skill, or any other game for amusement or entertainment at a
carnival.
Sec. 40. (1) A fair, exhibition, or exposition shall have an
accredited veterinarian on call whenever there are animals on the
premises
during the fair.event.
(2) A fair, exhibition, exposition, or show authority shall do
all of the following:
(a) Notify exhibitors of health tests and certificates
required for importation and exhibition in this state.
(b) Examine and approve required health certificates, reports,
test charts, certificates, or other required documentation before
displaying, exhibiting, or stabling the animals in the exhibition
area or before commingling with other animals.
(c)
Provide shipping arrangements for all swine livestock
exhibited that are to be removed from the fair, exhibition,
exposition, or show facility for direct movement to slaughter or a
livestock auction market as defined in 1937 PA 284, MCL 287.121 to
287.131.
(d) Notify exhibitors whether or not poultry vaccinated
against infectious laryngotracheitis are allowed in the fair,
exhibition, or exposition.
(3) A fair, exhibition, exposition, or show authority may
require additional testing or vaccination of animals before entry
and during the fair, exhibition, exposition, or show.
(4)
Livestock Animals with clinical signs of infectious,
contagious, or toxicological disease observed at check-in or during
the event shall be removed from the fair, exhibition, or exposition
or, by permission of the director, shall be isolated on the
premises. An accredited veterinarian's knowledge and advice may be
sought by an exhibitor or exhibition staff to assess for clinical
signs of an infectious, contagious, or toxicological disease.
(5) It is the responsibility of the exhibitor to ensure that
all
requirements for testing, all
reports, test charts, official
identification, and official interstate health certificate or
official
interstate certificate of veterinary inspection are
fulfilled
before importation required
by this act accompany the
animals and that proof of fulfilling these requirements is provided
to the director, fair, exhibition, exposition, or show authority
upon request.
(6)
Swine for exhibition within this state shall be
individually
identified by official identification.
(6) (7)
Swine shall not enter any fair,
exhibition,
exposition, or show facility unless it can be demonstrated that the
swine presented for exhibition or exposition meet 1 or more of the
following conditions:
(a) Originate as a direct movement from a swine premises
located in a pseudorabies stage III area or region or other
equivalent low prevalence area as recognized by the director.
(b) Originate directly from a pseudorabies qualified-negative
herd
as defined in title 9 C.F.R. part 85, 9 CFR part 85, which
proof
may consist of a copy of a valid
certificate issued by the
department stating that the herd meets the requirements for a
pseudorabies qualified-negative herd.
(c) Unless the swine are piglets nursing a pseudorabies-
negative sow, present an official swine test report that indicates
the swine have been tested for pseudorabies within 45 days before
exhibition and have tested negative.
(8)
All swine removed from any exhibition facility shall be
moved
directly to a livestock auction market or slaughter facility
premises
for disposition in accordance with applicable laws
concerning
movement of swine to slaughter unless all swine present
at
the exhibition or exposition at any time for any reason have
entered
the exhibition facility according to the provisions of
subsection
(7)(b) or (c).
(9)
Upon request, a person who exhibits livestock shall
present
for inspection all reports, test charts, and appropriate
health
certificates required by this act to accompany the
livestock.
(10)
Any swine found to be exhibited or removed from
exhibition
in violation of any provision of this section may be
quarantined
or ordered slaughtered, destroyed, or disposed of by
the
director without being eligible for indemnification as
described
in sections 14 and 15.
(7) The exhibition or exposition of poultry is subject to all
of the following requirements:
(a) All poultry, except for waterfowl, pigeons, and doves,
shown at a public exhibition or exposition in this state shall meet
1 or more of the following requirements:
(i) Originate directly from a U.S. pullorum-typhoid clean
flock as defined in 9 CFR part 145 and all amendments to that
publication adopted in rules promulgated by the director.
(ii) Have a negative official test for salmonella pullorum-
typhoid within the 90 days before the exhibition or exposition and
remain segregated from all poultry of unknown or positive
salmonella pullorum-typhoid test status.
(b) A shipping crate used in the shipment of birds by common
carrier shall not be used as an exhibition coop. A shipping crate
shall be cleaned and disinfected on the day of arrival after the
birds have been removed for exhibition or exposition and before
being used again. Unless otherwise necessary, a shipping crate
shall not be stored in the exhibition or exposition area.
(8) Exhibitors shall provide adequate feed and water to
animals being exhibited.
(9) Exhibitors shall clean and replace bedding material as
often as necessary to maintain health.
Sec. 40a. (1) This act applies to poultry imported to and
housed at a live bird market.
(2) A transporter bringing poultry to a live bird market shall
comply with this act and 1937 PA 284, MCL 287.121 to 287.131.
(3) A person operating a live bird market shall do all of the
following:
(a) House live poultry in rooms that can be cleaned and
disinfected.
(b) House waterfowl and game birds separately from chickens.
(c) Remove poultry from transport crates no later than 8 hours
after arrival at the facility.
(d) Store transport crates in a separate area, and clean and
disinfect transport crates before reuse.
(e) When poultry are housed in cages, do all of the following:
(i) Use cages constructed of a material that can be cleaned
and disinfected.
(ii) Provide birds with room to stand up, lie down, turn
around, and groom without touching other birds or a surface of the
cage.
(iii) Refrain from stacking cages, unless there are provisions
to allow manure to be removed and to prevent manure, feed, and
water from soiling other cages or birds in other cages.
(f) Provide water to birds up to the time of slaughter.
(g) Provide nutritionally adequate food to birds up to at
least 12 hours before slaughter.
(h) Ensure that there is at least one 24-hour period each week
during which there are no birds in the facility and areas where
birds as housed and any cages or pens holding birds are cleaned and
disinfected.
(i) Ensure that slaughter is performed using 1 of the
following methods:
(i) A method in which the bird is rendered insensible to pain
by mechanical, electrical, chemical, or other means that is rapid
and effective before the bird is shackled, hoisted, thrown, cast,
or cut.
(ii) A method in accordance with the ritual requirements of a
religious faith in which the bird suffers loss of consciousness by
anemia of the brain caused by the simultaneous and instantaneous
severance of the carotid arteries with a sharp instrument.
(4) As used in this section, "live bird market" means a
facility that sells live poultry for slaughter and this is licensed
by the department under the food law, 2000 PA 92, MCL 289.1101 to
289.8111.
Sec. 40b. (1) A person housing baby poultry for sale to
individuals for the primary purpose of maintaining, for personal
use, an individual bird or a flock and is not part of the National
Poultry Improvement Program shall do all of the following:
(a) Keep hand-cleansing stations or facilities available in
close proximity to the area where baby poultry are housed.
(b) Construct a baby poultry housing area and enclosures
containing baby poultry with a material that can be adequately
cleaned and disinfected.
(c) Provide adequate space and ventilation in enclosures where
baby poultry are housed.
(d) Clean and disinfect the baby poultry area and enclosures
at least once daily with United States Department of Agriculture-
approved disinfectant used in accordance with label instructions.
(e) Remove bedding used by baby poultry, feed waste, shipping
containers, and other animal-associated waste from the baby poultry
area and dispose of it in an area not accessible to the public.
(f) Provide water to baby poultry up to the time of sale.
(g) Provide nutritionally adequate food to baby poultry up to
the time of sale.
(h) Maintain and keep records of purchase and sale of baby
poultry for a period of 2 years after the date of purchase or sale.
The records required by this subdivision shall include the name and
address of the person purchasing or selling the baby poultry and
the date of each purchase or sale.
(2) As used in this section, "baby poultry" means poultry
under the age of 3 weeks.
Sec. 43. (1) A company, manufacturer, firm, mail or telephone
order company, establishment, outlet, or mobile distributor in
another state shall not export any autogenous veterinary
biologicals for distribution or sale into this state unless
notification prior to sale or distribution is given to the director
and
any stipulations set forth in or pursuant to title 9 of the
code
of federal regulations under "licenses for biological
products"
under 9 CFR part 102 and all amendments to that
publication
thereafter adopted pursuant to in rules that
promulgated
by the director may promulgate are
met.
(2)
A company or manufacturer manufacturing a an autogenous
veterinary biological within this state shall not distribute or
sell any veterinary biological within this state unless
notification
prior to before distribution or sale is given to the
director
and any stipulations set forth in or pursuant to title 9
of
the code of federal regulations under "licenses for biological
products"
under 9 CFR part 102 and all amendments to that
publication
thereafter adopted pursuant to in rules that
promulgated
by the director may promulgate are
met.
(3) The director shall pursue restrictions on the distribution
and use of autogenous veterinary biologicals when the director
determines
that such those restrictions are necessary for the
protection of domestic animals or the public health, interest, or
safety,
or both, as set forth in title 9 of the code of federal
regulations
under "licenses for biological products" 9 CFR part 102
and
all amendments to that publication thereafter adopted pursuant
to
in rules that promulgated by the director. may
promulgate.
(4) Veterinary biologicals shall be administered only by a
licensed veterinarian or under the supervision of a licensed
veterinarian unless used in compliance with section 18814 of the
public
health code, Act No. 368 of the Public Acts of 1978, being
section
333.18814 of the Michigan Compiled Laws.1978 PA 368, MCL
333.18814.
(5)
A veterinary biological required in title 9 of the code of
federal
regulations under "licenses for biological products" 9 CFR
part
102 and all amendments to that
publication thereafter adopted
pursuant
to in rules that promulgated by the director may
promulgate
to be administered by, on the order
of, or under the
supervision of a veterinarian shall be distributed only to
veterinarians, distributors who distribute the veterinary
biological only to veterinarians, or pharmacies and other
appropriate retail outlets to be sold only on the prescription or
order of a veterinarian.
(6) When the director determines with advice and consultation
from the livestock industry involved and the veterinary profession
that
the protection of domestic animals or the public health,
interest, or safety, or both, or that a control or eradication
program for a disease or condition necessitates the report of the
sale, use, distribution, or administration of a veterinary
biological, an autogenous veterinary biological, or a diagnostic
test, the director may require that any person who sells, uses,
distributes, or administers a veterinary biological or diagnostic
test report that information to the department within 10 working
days. If a form is required, the form shall be supplied by the
department.
(7) Notwithstanding any other provision of this act, the
director may at any time revoke the distribution of a veterinary
biological or an autogenous veterinary biological if the veterinary
biological or autogenous veterinary biological has a substantial
impact on public health, animal health, or the animal industry.
(8) A person who requests permission to distribute in this
state veterinary biologicals that are conditionally or
unconditionally licensed by the United States Department of
Agriculture or that are subject to import permits for distribution
and sale issued by the United States Department of Agriculture
shall submit all of the following information to the department:
(a) A copy of the current United States Department of
Agriculture license.
(b) Any restrictions set forth by the United States Department
of Agriculture.
(c) A complete name of the product, including the generic and
trade name.
(d) Product information, including directions for use.
(e) Slaughter withdrawal times, if applicable.
(9) A person who desires to import into this state or to
distribute intrastate, for experimental or field trial use, a
veterinary biological that is not conditionally or unconditionally
licensed by the United States Department of Agriculture shall
request and obtain permission from the director before importing
that veterinary biological into this state on a form approved by
the director.
(10) A person who requests permission to import or distribute
intrastate a veterinary biological to be administered to animals
owned by the public for experimental or field trial purposes shall
submit a written statement to the department, which shall be given
to the owner of the animals before the administration,
prescription, or distribution of the veterinary biological. The
written statement required by this subsection shall state all of
the following:
(a) That the veterinary biological to be administered,
prescribed, or dispensed to an animal is an experimental or field
trial veterinary biological.
(b) That the veterinary biological has not been approved by
the United States Department of Agriculture or the department for
unconditional use.
(11) A determination of whether to allow the import or
intrastate distribution of a veterinary biological for experimental
or field trial purposes shall be based upon, but not limited to,
all of the following:
(a) Need for the product by the animal industry.
(b) Safety of the product for the target animal species.
(c) Safety of the product for a person who administers the
biological.
(d) Safety of the human food chain, if the veterinary
biological is used in food-producing animals.
(12) A veterinary biological for experimental or field trial
purposes shall be shipped only to a veterinarian and shall only be
used by the veterinarian to whom the product is shipped or by an
individual who is under the direct supervision of the veterinarian
to whom the product is shipped.
(13) A person who consigns, ships, or transports a veterinary
biological for experimental or field trial purposes into or within
this state shall file a report of each requested shipment with the
department within 5 business days of the shipment. The report
required by this subsection shall contain all of the following
information:
(a) The quantity consigned, shipped, or transported.
(b) The expiration date of the product.
(c) The complete name of the veterinary biological.
(d) The name and address of the veterinarian receiving the
veterinary biological.
(14) The department is not liable to a person who has received
permission to import or distribute intrastate a veterinary
biological for experimental or field trial purposes for any injury
due to the use of that veterinary biological to humans or animals
or for the loss of any animals.
(15) A person who receives permission to import or distribute
intrastate a veterinary biological for experimental or field trial
purposes shall report an adverse reaction to the department within
5 business days after the reaction.
(16) The director may limit the distribution of a veterinary
biological for experimental or field trial purposes to certain
geographical areas within this state and for specific time periods.
(17) The director may at any time revoke permission to
distribute a veterinary biological for experimental or field trial
purposes.
Sec. 43a. (1) Except as provided in subsection (2), an animal
being euthanized in this state shall be humanely euthanized in a
manner outlined as acceptable or acceptable with conditions under
the American Veterinary Medical Association's Guidelines on
Euthanasia and all subsequent amendments to that publication, or as
approved by the director.
(2) Subsection (1) does not apply to an animal that is being
slaughtered for human consumption or pet food.
(3) The director may designate an appropriate euthanasia
procedure in an extraordinary emergency.
Sec. 44. (1) The director may call upon a law enforcement
agency to assist in enforcing this act.
(2) The attorney general may bring a criminal or civil action
against a person responsible for unlawfully introducing an
infectious, contagious, or toxicological disease into animals,
animal products, or animal feeds in this state.
(3) A person shall not knowingly give false information in a
matter pertaining to this act and shall not impede or hinder the
director in the discharge of his or her duties under this act.
(4) If a person does not cause an animal or a herd, flock, or
aquaculture lot to be tested in compliance with this act, the
director shall notify the person responsible for management of the
animal or herd of the necessity for testing to occur and the
deadline for testing to occur and shall quarantine any animal or
herd that has not been tested until the testing can be completed by
state or federal regulatory veterinarians or accredited
veterinarians, at the owner's expense.
(5) An animal purchased at a licensed livestock market,
collection point, or buying station or by a dealer licensed under
1937 PA 284, MCL 287.121 to 287.131, for the purpose of slaughter
must be slaughtered within 5 days after the purchase. The buyer of
livestock sold for slaughter shall provide verification that the
slaughter occurred within 5 days after purchase upon request of the
director. Failure of a buyer of livestock sold for slaughter to
comply with this subsection subjects that buyer to the penalties
and sanctions of this act.
(6) A person shall not expose swine to garbage.
(7) A person shall not use garbage, offal, or carcasses,
except in a disease outbreak and with the approval of the director,
as feed for swine.
(8) The director has full access to inspect any premises or
conveyance upon reasonable grounds to believe or suspect that
garbage, offal, or carcasses are being used as feed for swine or
that garbage, offal, or carcasses may expose swine to a
communicable disease.
(9) The director shall quarantine swine determined to have
been exposed to, in contact with, or fed garbage, offal, or
carcasses. The quarantine shall continue until such time as the
director determines that the swine are not a threat to animal or
public health.
(10)
(1) A person who commits 1 or more of the following is
guilty of a felony punishable by a fine of not less than $1,000.00
and not more than $50,000.00, or imprisonment of not more than 5
years, or both, and shall not receive any indemnification payments
at the discretion of the director:
(a)
Intentionally contaminating or exposing livestock an
animal to an infectious, contagious, or toxicological disease for
the
purpose of receiving indemnification from the this state
or
causing
the this state to destroy affected livestock.
(b) Intentionally making a false statement on an application
for
indemnification or reimbursement from the this state.
(c) Intentionally violating a condition of quarantine
authorized under section 12 or movement restrictions and other
requirements
authorized under section 9.3b.
(d) Intentionally importing into this state, without
permission from the director, diseased livestock or livestock
exposed to an infectious, contagious, or toxicological disease.
(e) Intentionally misrepresenting the health, medical status,
or prior treatment for an infectious, contagious, or toxicological
disease of livestock to facilitate movement or transfer of
ownership to another person.
(f) Intentionally infecting or contaminating an animal with,
or intentionally exposing an animal to, a reportable disease other
than for bona fide research as approved by a research institution
licensed
by the this state of Michigan or a federal agency.
(11) (2)
Except as otherwise provided under subsections
(1)
and
(2), subsection (10), a person who violates this act, a rule
promulgated under this act, a quarantine authorized under section
12, or movement restrictions and other requirements authorized
under
section 9 3b is guilty of a misdemeanor , punishable by a
fine of not less than $300.00 or imprisonment of not less than 30
days, or both.
(12) (3)
The court may allow the department
to recover
reasonable costs and attorney fees incurred in a prosecution
resulting
in a conviction for a violation of subsections (1) and
(2).
subsection (10). Costs assessed and recovered under this
subsection shall be paid to the state treasury and credited to the
department for the enforcement of this act.
(13) (4)
Except as otherwise provided in
subsection (1), (10),
the director, upon finding that a person has violated this act, a
rule promulgated under this act, a quarantine authorized under
section 12, or movement restrictions and other requirements
authorized
under section 9, 3b, may do the following:
(a) Issue a warning.
(b) Impose an administrative fine of not more than $1,000.00
for
each violation. after notice and an opportunity for Upon the
request of a person to whom an administrative fine is issued under
this
subsection, the director shall conduct a
hearing pursuant to
under the administrative procedures act of 1969, 1969 PA 306, MCL
24.201 to 24.328.
(c) Issue an appearance ticket as described and authorized by
sections 9a to 9g of chapter 4 of the code of criminal procedure,
1927 PA 175, MCL 764.9a to 764.9g, with a fine of not less than
$300.00 or imprisonment of not less than 30 days, or both.
(14) (5)
The director shall advise the
attorney general of the
failure of any person to pay an administrative or civil fine
imposed under this section. The attorney general shall bring a
civil action in a court of competent jurisdiction to recover the
fine and costs and fees including attorney fees. Civil penalties
and administrative fines collected shall be paid to the state
treasury.
(15) (6)
The remedies and sanctions under
this act are
independent and cumulative. The use of a remedy or sanction under
this act does not bar other lawful remedies and sanctions and does
not limit criminal or civil liability. Notwithstanding the
provisions of this act, the department may bring an action to do 1
or more of the following:
(a) Obtain a declaratory judgment that a method, act, or
practice is a violation of this act.
(b) Obtain an injunction against a person who is engaging, or
about to engage, in a method, act, or practice that violates this
act.
Sec. 46. (1) As used in this section:
(a) "Calf raised for veal" means any calf of the bovine
species kept for the purpose of producing the food product
described as veal.
(b) "Covered animal" means any gestating sow, calf raised for
veal, or egg-laying hen that is kept on a farm.
(c) "Egg-laying hen" means any female domesticated chicken,
turkey, duck, goose, or guinea fowl kept for the purpose of egg
production.
(d) "Enclosure" means any cage, crate, or other structure used
to confine a covered animal. Enclosure includes what is commonly
described as a "gestation crate or stall" for gestating sows, a
"veal crate" for calves raised for veal, or a "battery cage" for
egg-laying hens.
(e) "Farm" means the land, building, support facilities, and
other equipment that are wholly or partially used for the
commercial production of animals or animal products used for food
or
fiber. Farm does not include a live animal markets.market.
(f) "Farm owner or operator" means any person who owns or
controls the operation of a farm.
(g) "Fully extending its limbs" means fully extending all
limbs without touching the side of an enclosure. In the case of
egg-laying hens, fully extending its limbs means fully spreading
both wings without touching the side of an enclosure or other egg-
laying
hens and having access to at least 1.0 square feet foot of
usable floor space per hen.
(h)
"Gestating sow" means any confirmed pregnant sow of the
porcine species kept for the primary purpose of breeding and
confirmed to be pregnant.
(i) "Person" means any individual, firm, partnership, joint
venture, association, limited liability company, corporation,
estate, trust, receiver, or syndicate.
(j) "Turning around freely" means turning in a complete circle
without any impediment, including a tether, and without touching
the side of an enclosure or another animal.
(2)
Notwithstanding Subject to
subsections (3) and (6),
notwithstanding any other provision of law, a farm owner or
operator shall not tether or confine any covered animal on a farm
for
all or the majority of any day, in a manner that prevents such
the covered animal from doing any of the following:
(a) Lying down, standing up, or fully extending its limbs.
(b) Turning around freely.
(3)
The prohibitions of subsection (2) shall Subsection (2)
does not apply to a covered animal during any of the following:
(a) Scientific or agricultural research.
(b) Examination, testing, individual treatment, or operation
for veterinary purposes, by a person licensed to practice
veterinary medicine under part 188 of the public health code, 1978
PA 368, MCL 333.18801 to 333.18838.
(c) Transportation, unless otherwise in violation of section
51 of the Michigan penal code, 1931 PA 328, MCL 750.51, relating to
confining animals on railroad cars.
(d) Rodeo exhibitions, state or county fair exhibitions, 4-H
programs, and similar exhibitions.
(e)
The slaughter of a covered animal in accordance with as
provided by 1962 PA 163, MCL 287.551 to 287.556, and other
applicable law and rules.
(f) In the case of a gestating sow, the period beginning 7
days before the gestating sow's expected date of giving birth.
(4) The department or the attorney general may bring a civil
action to restrain, by temporary or permanent injunction, any act
or practice in violation of this section. The action may be brought
in the circuit court for the county where the defendant resides or
conducts business. The court may issue a temporary or permanent
injunction and issue other equitable orders or judgments. A defense
described and made available relating to customary animal husbandry
or farming practices involving livestock, under sections 50(11)(f)
and 50b(8) of the Michigan penal code, 1931 PA 328, MCL 750.50 and
750.50b,
or similar provisions, are not considered is not a defense
to an action brought for the violation of this section involving a
covered animal. In addition, the criminal penalties provided in
section
44 are not applicable to violations a violation of this
section.
(5)
The provisions of this section are This section is in
addition to, and not in lieu of, any other laws protecting animal
welfare.
This section shall not be construed to does not limit any
other
state law or rules protecting the welfare of animals.
(6)
The provisions of this section do not apply to calves
raised
for veal until October 1, 2012.
(6) (7)
The provisions of this section do This
section does
not apply to egg-laying hens until October 12, 2025 and does not
apply
to gestating sows until 10 years
after the enactment date of
the
amendatory act that added this section.April 1, 2020.
Sec. 47. (1) The legislature finds that, to protect the
welfare and safety of Michigan consumers from increased risk of
food-borne illness and to prevent associated negative fiscal
impacts on this state, it is necessary to prohibit the sale of any
shell eggs produced by an egg-laying hen that was confined in a
certain manner.
(2) As used in this section:
(a) "Business owner or operator" means any person who owns or
controls the operations of a business.
(b) "Egg-laying hen" means that term as defined in section 46.
(c) "Farm" means that term as defined in section 46.
(d) "Shell egg" means a whole egg of an egg-laying hen in its
shell form, intended for use as human food.
(3) To protect the health, safety, and welfare of consumers in
this state, commencing October 12, 2025, a business owner or
operator shall not engage in the sale of any shell egg for human
consumption within this state if the business owner or operator
knows or should have known that the egg was produced by an egg-
laying hen that was confined on a farm that is not in compliance
with the animal care standards for egg-laying hens set forth in
section 46.
(4) It is a defense to any action to enforce this section that
a business owner or operator relied in good faith upon a written
certification or guarantee by the supplier that a shell egg was not
produced by an egg-laying hen that was confined on a farm that is
not in compliance with the animal care standards for egg-laying
hens set forth in section 46.
(5) The department or the attorney general may bring a civil
action to restrain, by temporary or permanent injunction, any act
or practice in violation of this section. The action may be brought
in the district court or circuit court for the county where the
defendant resides or conducts business. The court may issue a
temporary or permanent injunction and issue other equitable orders
or judgments. In addition, the criminal penalties provided in
section 44 are not applicable to a violation of this section.
(6) By October 12, 2023, the department shall promulgate rules
to implement this section, including rules to provide for the
collection of fees to recover the costs of administration of this
section.
(7) This section is in addition to, and not in lieu of, any
other laws protecting animal welfare. This section shall not be
construed to limit any other state statute protecting the welfare
of animals.
Enacting section 1. Sections 4, 5, 6, 8, 10, 13, 13a, 15, 16,
17a, 23, 24, 24a, 26a, 27, 28, 29, 29a, 30, 30a, 30b, 30c, 30d, 32,
33, 35, and 41 of the animal industry act, 1988 PA 466, MCL
287.704, 287.705, 287.706, 287.708, 287.710, 287.713, 287.713a,
287.715, 287.716, 287.717a, 287.723, 287.724, 287.724a, 287.726a,
287.727, 287.728, 287.729, 287.729a, 287.730, 287.730a, 287.730b,
287.730c, 287.730d, 287.732, 287.733, 287.735, and 287.741, are
repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.