June 28, 2017, Introduced by Senators KNEZEK, HERTEL, JONES, BIEDA, ROCCA and ANANICH and referred to the Committee on Judiciary.
A bill to amend 1988 PA 466, entitled
"Animal industry act,"
by amending section 46 (MCL 287.746), as added by 2009 PA 117.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 live animal markets.
(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.
(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 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
animal from doing any either
of the following:
(a) Lying down, standing up, or fully extending its limbs.
(b) Turning around freely.
(3)
The prohibitions of subsection (2) shall do 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 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)
50(12) and 50b(8) of the Michigan penal code, 1931 PA 328, MCL
750.50 and 750.50b, or similar provisions, are not considered 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 of this
section.
(5) The provisions of this section are in addition to, and not
in lieu of, any other laws protecting animal welfare. This section
shall
must not be construed to 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.
(7) The provisions of this section do not apply to egg-laying
hens
and gestating sows until 10 years after the enactment date of
the
amendatory act that added this section.October 12, 2019.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 496
of the 99th Legislature is enacted into law.