SENATE BILL No. 660

 

 

November 9, 2017, Introduced by Senator MEEKHOF and referred to the Committee on Agriculture.

 

 

     A bill to amend 1988 PA 466, entitled

 

"Animal industry act,"

 

by amending section 46 (MCL 287.746), as added by 2009 PA 117, and

 

by adding section 47.

 

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 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 eggs derived from egg-

 

laying hens that are exposed to significant stress may result in

 

deleterious effects on the health, safety, and welfare of

 

consumers, such as increased exposure to disease pathogens,

 

including salmonella, and have negative fiscal impacts on this

 

state.


     (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. This amendatory act takes effect 90 days

 

after the date it is enacted into law.