HOUSE BILL No. 6063 September 16, 1998, Introduced by Reps. Alley and Middaugh and referred to the Committee on Agriculture. A bill to amend 1988 PA 466, entitled "Animal industry act of 1987," by amending sections 3, 8, 9, 14, 30a, and 30b (MCL 287.703, 287.708, 287.709, 287.714, 287.730a, and 287.730b), sections 3, 9, 14, 30a, and 30b as amended by 1996 PA 369 and section 8 as amended by 1994 PA 41, and by adding section 30c. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 3. (1) "Accredited veterinarian" means a veterinarian 2 approved by the United States department of agriculture to per- 3 form specific functions required by cooperative state-federal 4 disease control and eradication programs. 5 (2) "Animal" means mollusks, crustaceans, and vertebrates 6 other than human beings. 7 (3) "Aquaculture" means the commercial husbandry of 8 aquaculture species on the approved list of aquaculture species 06947'98 LBO 2 1 under the Michigan aquaculture development act including, but not 2 limited to, the culturing, producing, growing, using, propagat- 3 ing, harvesting, transporting, importing, exporting, or marketing 4 of any products, coproducts, or by-products of fish, crustaceans, 5 mollusks, reptiles, and amphibians, reared or cultured under con- 6 trolled conditions in an aquaculture facility. 7 (4) "Aquaculture facility" means a farm or farm operation 8 engaged in any aspect of aquaculture in privately controlled 9 waters capable of holding all life stages of aquacultural species 10 with a barrier or enclosure designed to prevent their escape into 11 waters of the state. An aquaculture facility does not include 12 any facility not regulated under the Michigan aquaculture devel- 13 opment act. 14 (5) "Approved vaccine" means a veterinary biological admin- 15 istered to livestock or other animals to induce immunity in the 16 recipient. The use of the approved vaccine in this state shall 17 be approved by the state veterinarian. 18 (6) "Captive cervidae" means members of the cervidae family 19 including, but not limited to, deer, elk, moose, and caribou 20 living under the husbandry of humans. 21 (7) "CAPTIVE CERVIDAE RANCH" MEANS ANY PREMISES THAT CON- 22 TAINS 1 OR MORE CAPTIVE WHITE-TAILED DEER OR CAPTIVE ELK AND DOES 23 NOT HAVE ANY CAPTIVE WHITE-TAILED DEER OR CAPTIVE ELK REMOVED BY 24 THE HUNTING METHOD. 25 (8) "CAPTIVE ELK FARM" MEANS ANY PREMISES THAT CONTAINS 1 OR 26 MORE CAPTIVE ELK AND DOES NOT HAVE ANY CAPTIVE ELK REMOVED BY THE 27 HUNTING METHOD. 06947'98 3 1 (9) "CAPTIVE WHITE-TAILED DEER FARM" MEANS ANY PREMISES THAT 2 CONTAINS 1 OR MORE CAPTIVE WHITE-TAILED DEER AND DOES NOT HAVE 3 ANY CAPTIVE WHITE-TAILED DEER REMOVED BY THE HUNTING METHOD. 4 (10)(7)"Carcasses" means the dead bodies of animals, 5 poultry, or fish. Carcasses do not include rendered products. 6 (11)(8)"Cattle" means all bovine (genus bos) animals, 7 bovinelike animals (genus bison) also commonly referred to as 8 American buffalo or bison and any cross of these species unless 9 otherwise specifically provided. 10 (12)(9)"Cattle importation lot" means a premises regis- 11 tered with the department and used only to feed cattle in prepa- 12 ration for slaughter. 13 (13)(10)"Commingling" means concurrently or subsequently 14 sharing or subsequent use by native livestock of the same pen or 15 same section in a facility or same section in a transportation 16 unit where there is physical contact or contact with bodily 17 excrements or fluids from other livestock. 18 (14)(11)"Consignee" means the person within the state of 19 Michigan receiving the animals at the point of destination named 20 on the official interstate health certificate, official inter- 21 state certificate of veterinary inspection, owner-shipper state- 22 ment, or sales invoice. 23 (15)(12)"Contagious disease" means an illness due to a 24 specific infectious agent or suspected infectious agent or its 25 toxic products which arises through transmission of that agent or 26 its products from an infected animal, or inanimate reservoir to a 27 susceptible host, either directly or indirectly through an 06947'98 4 1 intermediate plant or animal host, vector, or the inanimate 2 environment, or via an airborne mechanism. 3 (16)(13)"Department" means the department of 4 agriculture. 5 (17)(14)"Direct movement" means transfer of animals to a 6 destination without unloading the animals en route and without 7 exposure to any other animals or bodily excrements or fluids from 8 other animals. 9 (18)(15)"Director" means the director of the department 10 of agriculture or his or her authorized representative. 11 (19)(16)"Disease" means any animal health issue with 12 economic impacts in terms of restricted movement or markets, 13 whether due to residues, metabolic problems, public health con- 14 cerns, multiple causes, or food safety issues. 15 (20)(17)"Distribute" means to deliver other than by 16 administering or dispensing a veterinary biological. 17 (21)(18)"Domestic animal" means those species of animals 18 indigenous to North America which have lived under the husbandry 19 of humans. 20 (22)(19)"Emergency fish diseases" means certain infec- 21 tious diseases of fish that are transmissible directly or indi- 22 rectly from 1 fish to another and are not known to exist within 23 the waters of the state. Emergency fish diseases include, but 24 are not limited to, viral hemorrhagic septicemia, infectious 25 hematopoietic necrosis, ceratomyxosis, and proliferative kidney 26 disease. 06947'98 5 1 (23)(20)"Equine" means all animals of the equine family 2 which includes horses, asses, jacks, jennies, hinnies, mules, 3 donkeys, burros, ponies, and zebras. 4 (24)(21)"Exhibition or exposition" means a congregation, 5 gathering, or collection of livestock that are presented or 6 exposed to public view for show, display, swap, exchange, enter- 7 tainment, educational event, instruction, advertising, or 8 competition. Exhibition or exposition does not include livestock 9 for sale at public stockyards, auctions, saleyards, and livestock 10 yards licensed under the provisions ofAct No. 284 of the Public11Acts of 1937, being sections 287.121 to 287.131 of the Michigan12Compiled Laws1937 PA 284, MCL 287.121 TO 287.131. 13 (25)(22)"Exhibition facility" means any facility used or 14 intended to be used for public view, show, display, swap, 15 exchange, entertainment, advertisement, educational event, or 16 competition involving livestock. Exhibition facility does not 17 include a public stockyard, an auction saleyard, and a livestock 18 yard where livestock are accepted on consignment and the auction 19 method is used in the marketing of the livestock. 20 (26)(23)"Exhibitor" means any person who presents live- 21 stock for public display, exhibition, or competition or enters 22 livestock in a fair, show, exhibition, or exposition. 23 (27)(24)"Exotic animal" means those animals that are not 24 domestic or any cross of those animals not domestic to North 25 America. 26 (28)(25)"Fair" means a competition and educational 27 exhibition of agricultural commodities and manufactured products 06947'98 6 1 for which premiums may be paid and which is conducted by an 2 association or governmental entity. 3 (29)(26)"Feral swine" means swine which have lived their 4 life or any part of their life as free roaming or not under the 5 husbandry of humans. 6 Sec. 8. (1) Under the direction of the director, the state 7 veterinarian shall do all of the following: 8 (a) Develop and enforce policy and supervise activities to 9 carry out this act and other state and federal laws, rules, and 10 regulations that pertain to the health and welfare of animals in 11 this state. 12 (b) Promulgate rules under the administrative procedures act 13 of 1969,Act No. 306 of the Public Acts of 1969, being sections1424.201 to 24.328 of the Michigan Compiled Laws1969 PA 306, MCL 15 24.201 TO 24.328, for the use of veterinary biologicals including 16 diagnostic biological agents. The state veterinarian may require 17 that the importation and use of veterinary biologicals or biolog- 18 ical agents be reported to the department. 19 (c) Maintain a list of reportable animal diseases. The 20 state veterinarian shall review and update the list annually and 21 more often if necessary. 22 (d) Maintain a list of veterinary biologicals whose sale, 23 distribution, use, or administration by any person is reported to 24 the director when requested by the director within 10 working 25 days of the sale, distribution, use, or administration. The 26 state veterinarian shall review and update the list annually and 27 more often if necessary. 06947'98 7 1 (E) DEVELOP AND IMPLEMENT SCIENTIFICALLY BASED SURVEILLANCE 2 PROGRAMS FOR REPORTABLE DISEASES WHEN THE DIRECTOR DETERMINES, 3 WITH ADVICE AND CONSULTATION FROM THE LIVESTOCK INDUSTRY AND VET- 4 ERINARY PROFESSION, THAT SURVEILLANCE WOULD AID IN THE CONTROL OR 5 ERADICATION OF A REPORTABLE DISEASE OR ASSIST IN THE ECONOMIC 6 VIABILITY OF THE INDUSTRY. 7 (2) Unless otherwise prohibited by law, the state veterinar- 8 ian may enter upon any premises to enforce this act. 9 Sec. 9. (1) A person who discovers, suspects, or has reason 10 to believe that an animal is either affected by a reportable dis- 11 ease or contaminated with a toxic substance shall immediately 12 report that fact, suspicion, or belief to the director. The 13 director shall take appropriate action to investigate the 14 report. A person possessing an animal affected by, or suspected 15 of being affected by, a reportable disease or contaminated with a 16 toxic substance shall allow the director to examine the animal or 17 collect diagnostic specimens. The director may enter premises 18 where animals, animal products, or animal feeds are suspected of 19 being contaminated with an infectious or contagious disease, or a 20 disease caused by a toxic substance and seize or impound the 21 animal products or feed located on the premises. The director 22 may withhold a certain amount of animal products or feed for the 23 purpose of controlled research and testing. A person who know- 24 ingly possesses or harbors affected or suspected animals shall 25 not expose other animals to the affected or suspected animals or 26 otherwise move the affected or suspected animals or animals under 27 quarantine except with permission from the director. 06947'98 8 1 (2) A person owning animals shall provide reasonable 2 assistance to the director during the examination and necessary 3 testing procedures. 4 (3) The director may call upon a law enforcement agency to 5 assist in carrying out the director's orders. 6 (4) A person shall not remove or alter the identification of 7 an animal for the purpose of misrepresentation of the animal's 8 identity or the ownership of the animal. A person shall not make 9 misrepresentations concerning the animal's health status to a 10 potential buyer. 11 (5) THE DIRECTOR MAY DEVISE AND IMPLEMENT A PROGRAM TO COM- 12 PENSATE LIVESTOCK OWNERS FOR LIVESTOCK THAT DIE OR NEED TO BE 13 DESTROYED FOR HUMANE PURPOSES WHILE THE LIVESTOCK ARE BEING 14 TESTED OR UNDER A SURVEILLANCE PROGRAM FOR A REPORTABLE DISEASE. 15 Sec. 14. (1) If it is determined by the director that the 16 control or eradication of a disease or condition of livestock 17 warrants the slaughter, destruction, or other disposition of the 18 livestock, the director shall order the slaughter, destruction, 19 or other disposition of the livestock. If the director has 20 signed an order for the slaughter, destruction, or other disposi- 21 tion of livestock, the director shall notify the attorney general 22 and the house and senate appropriations committees and the 23 department of management and budget on the issue of indemnity 24 under this section. The director may approve facilities for the 25 orderly disposal of animals, animal products, and animal feeds 26 for the purpose of controlling or preventing the spread of an 27 infectious, contagious, or toxicological disease. The director 06947'98 9 1 may select a site or method for the disposal with the advice of 2 the director of the department of environmental quality. 3 (2) The director may, under rules promulgated by the depart- 4 ment, allow indemnification for the slaughter, destruction, or 5 other disposition of animals due to livestock diseases or toxico- 6 logical contamination. If the director has signed an order for 7 the slaughter, destruction, or other disposition of livestock, 8 the owner may apply for indemnification. All animals shall be 9 treated as grade status animals for purposes of indemnification. 10 The director shall appraise and inventory the condemned 11 livestock. The appraisals and inventories shall be on forms 12 approved by the director. The director shall use state agricul- 13 tural statistical service pricing information to determine the 14 value of condemned livestock. If state agricultural statistical 15 service pricing information is not available, the director shall 16 use agricultural pricing information from commercial livestock 17 auction markets and other livestock market information as deter- 18 mined by the director to determine the value of condemned 19 livestock. Indemnification shall be based upon 75% of the fair 20 market value of that type of livestock on the date of the 21 appraisal as if the livestock was grade status and marketable for 22 the purpose for which the livestock was intended, not to exceed 23 $1,250.00 for each animal, less any compensation received, or to 24 be received, from any other source including, but not limited to, 25 indemnification by the United States department of agriculture, 26 insurance, salvage value, or any monetary value obtained to 27 encourage disposal of infected or exposed livestock in accordance 06947'98 10 1 with a disease control or eradication program. IN THE CASE OF 2 SLAUGHTER, DESTRUCTION, OR OTHER DISPOSITION OF LIVESTOCK DUE TO 3 TUBERCULOSIS, INDEMNIFICATION SHALL BE BASED UPON FAIR MARKET 4 VALUE AS IF THE LIVESTOCK WAS GRADE STATUS AND MARKETABLE FOR THE 5 PURPOSE FOR WHICH IT WAS INTENDED AND IS NOT SUBJECT TO ANY 6 LIMITS PER ANIMAL BUT SHALL INCLUDE A DEDUCTION FOR ANY COMPENSA- 7 TION RECEIVED OR TO BE RECEIVED FROM ANY SOURCE. The owner shall 8 furnish to the department all records indicating other sources of 9 indemnity. An affidavit signed by the owner attesting to the 10 amount of compensation for the livestock received or to be 11 received from any other source shall accompany the appraisal cer- 12 tificate prior to indemnification under this section. 13 (3) The department may provide for indemnity pursuant to 14 this section not to exceed $10,000.00 per order, from any line 15 item in the annual budget for the department in the applicable 16 fiscal year. Any agreement greater than $10,000.00 entered into 17 between the department and an owner of livestock shall contain a 18 provision indicating that, notwithstanding the terms of the 19 agreement, indemnification shall be subject to specific appropri- 20 ations by the legislature and not be paid from department funds. 21 (4) Acceptance of indemnification under this section does 22 not enlarge or diminish the owner's civil remedy against a person 23 responsible for the owner's loss except that acceptance of the 24 indemnity constitutes a release of the claim of the owner against 25 the state. 26 (5) The right to indemnity from the state for animals 27 condemned and ordered slaughtered, destroyed, or otherwise 06947'98 11 1 disposed of by the director applies only to native livestock. 2 Indemnification shall not apply to livestock determined by the 3 department to be imported without meeting import requirements 4 such as official interstate health certificate or official inter- 5 state certificate of veterinary inspection, required testing, 6 required vaccination, or for livestock determined by the depart- 7 ment to have been illegally moved within this state. An owner is 8 not entitled to indemnity from the state for an animal that comes 9 into the possession of the owner with the owner's knowledge that 10 the animal is diseased or is suspected of having been exposed to 11 an infectious, contagious, or toxicological disease. In addi- 12 tion, the director shall not indemnify an owner for animals that 13 have been exposed to an animal that comes in to the possession of 14 the owner with the owner's knowledge that the animal is diseased 15 or is suspected of having been exposed to an infectious, conta- 16 gious, or toxicological disease. 17 (6) A premises that has been depopulated shall be cleaned 18 and disinfected as prescribed by the director. 19 (7) Repopulation of the premises, except as approved by the 20 director, shall not confer eligibility for future indemnity under 21 this section. 22 (8) The department may cooperate and coordinate with the 23 secretary of the United States department of agriculture or the 24 secretary's authorized representative or other governmental 25 departments or agencies regarding indemnification under this 26 section. 06947'98 12 1 Sec. 30a. (1) Captive cervidae, except those consigned 2 directly to a state or federally inspected slaughter facility 3 premises, shall not be imported into this statewithout a prior4entry permit from the director and shall beUNLESS accompanied 5 by an official interstate health certificate or official inter- 6 state certificate of veterinary inspection. 7 (2) Captive cervidae imported into this state shall be indi- 8 vidually identified by an official identification. The official 9 identification shall be listed on the official interstate health 10 certificate or official interstate certificate of veterinary 11 inspection. 12 (3) Captive cervidae 6 months of age or older, except those 13 consigned directly to a state or federally inspected slaughter 14 facility premises, imported into this state shall test negative 15 to an official test for brucellosis within 30 days before 16 importation. 17 (4) Captive cervidae 6 months of age or older, except those 18 consigned directly to a state or federally inspected slaughter 19 facility premises, imported into this state shall meet interstate 20 tuberculosis testing requirements as defined in title 9 of the 21 code of federal regulations and the uniform methods and rules for 22 tuberculosis eradication in cervidae: uniform methods and rules 23 effective May 15, 1994, approved by veterinary services of the 24 animal and plant health inspection service of the United States 25 department of agriculture, and all amendments to those publica- 26 tions thereafter adopted pursuant to rules that the director may 27 promulgate. 06947'98 13 1 (5) ALL CAPTIVE WHITE-TAILED DEER AND CAPTIVE ELK LESS THAN 2 6 MONTHS OF AGE IMPORTED INTO THIS STATE, EXCEPT THOSE CONSIGNED 3 DIRECTLY TO A STATE OR FEDERALLY INSPECTED SLAUGHTER FACILITY 4 PREMISES, MUST ORIGINATE DIRECTLY FROM AN OFFICIAL TUBERCULOSIS 5 ACCREDITED OR QUALIFIED HERD AS OUTLINED IN THE UNIFORM METHODS 6 AND RULES FOR TUBERCULOSIS ERADICATION IN CERVIDAE EFFECTIVE 7 MAY 15, 1994, APPROVED BY VETERINARY SERVICES OF THE ANIMAL AND 8 PLANT HEALTH INSPECTION SERVICE OF THE UNITED STATES DEPARTMENT 9 OF AGRICULTURE, AND ALL AMENDMENTS TO THOSE PUBLICATIONS THEREAF- 10 TER ADOPTED PURSUANT TO RULES THAT THE DIRECTOR MAY PROMULGATE, 11 OR SHALL REMAIN AT THE DESTINATION IDENTIFIED ON THE OFFICIAL 12 INTERSTATE HEALTH CERTIFICATE OR OFFICIAL CERTIFICATE OF VETERI- 13 NARY INSPECTION UNTIL IT RECEIVES AN OFFICIAL NEGATIVE TEST FOR 14 TUBERCULOSIS WHEN IT IS AT LEAST 6 MONTHS OF AGE, BUT NOT MORE 15 THAN 8 MONTHS OF AGE. FOR THE PURPOSES OF THIS SECTION, THE AGE 16 OF THE CAPTIVE WHITE-TAILED DEER OR CAPTIVE ELK SHALL BE DETER- 17 MINED BY THE AGE PLACED ON THE OFFICIAL INTERSTATE HEALTH CERTIF- 18 ICATE OR OFFICIAL INTERSTATE CERTIFICATE OF VETERINARY 19 INSPECTION. A COPY OF THE OFFICIAL TEST FOR TUBERCULOSIS AND A 20 COPY OF THE OFFICIAL INTERSTATE HEALTH CERTIFICATE OR OFFICIAL 21 INTERSTATE CERTIFICATE OF VETERINARY INSPECTION SHALL BE FOR- 22 WARDED TO THE DEPARTMENT WITHIN 10 DAYS FOLLOWING COMPLETION OF 23 THE TESTING. 24 (6)(5)Captive cervidae with a response other than nega- 25 tive to any tuberculosis test or brucellosis test are not eligi- 26 ble for interstate movement into this state without permission 27 from the director. 06947'98 14 1 (7)(6)Captive cervidae known to be affected with or 2 exposed to tuberculosis or brucellosis are not eligible for 3 interstate movement into this state without permission from the 4 director. 5 Sec. 30b. (1) All live captive cervidae 6 months of age or 6 older EXCEPT CAPTIVE WHITE-TAILED DEER AND CAPTIVE ELK moving 7 from 1 premises to another premises within this state, except 8 those consigned directly to a state or federally inspected 9 slaughter facility premises, shall be accompanied by a copy of 10 the current official test for tuberculosis or written permission 11 from the director and shall originate directly from accredited, 12 qualified, or monitored herds as defined in title 9 of the code 13 of federal regulations and the uniform methods and rules for the 14 control and eradication of bovine tuberculosis in cervidae 15 approved by veterinary services of the animal and plant health 16 inspection service of the U.S. department of agriculture and all 17 amendments thereafter to those publications adopted pursuant to 18 rules that the director may promulgate or originate from herds 19 not known to be affected with or exposed to tuberculosis and 20 accompanied by a certificate signed by an accredited veterinarian 21 stating that the captive cervidae have been classified negative 22 to an official tuberculosis test that was conducted within 90 23 days before their movement. 24 (2) ALL LIVE CAPTIVE WHITE-TAILED DEER AND CAPTIVE ELK 6 25 MONTHS OF AGE OR OLDER MOVING FROM 1 PREMISES TO ANOTHER PREMISES 26 WITHIN THIS STATE, EXCEPT THOSE CONSIGNED DIRECTLY TO A STATE OR 06947'98 15 1 FEDERALLY INSPECTED SLAUGHTER FACILITY PREMISES, SHALL COMPLY 2 WITH 1 OF THE FOLLOWING: 3 (A) ORIGINATE DIRECTLY FROM AN OFFICIAL TUBERCULOSIS ACCRED- 4 ITED OR QUALIFIED HERD AS OUTLINED IN THE UNIFORM METHODS AND 5 RULES FOR TUBERCULOSIS ERADICATION IN CERVIDAE EFFECTIVE MAY 15, 6 1994, APPROVED BY VETERINARY SERVICES OF THE ANIMAL AND PLANT 7 HEALTH INSPECTION SERVICE OF THE UNITED STATES DEPARTMENT OF 8 AGRICULTURE, AND ALL AMENDMENTS TO THOSE PUBLICATIONS THEREAFTER 9 ADOPTED PURSUANT TO RULES THAT THE DIRECTOR MAY PROMULGATE, AND 10 BE ACCOMPANIED BY A COPY OF THE CURRENT OFFICIAL LETTER FROM THE 11 MICHIGAN DEPARTMENT OF AGRICULTURE VERIFYING HERD STATUS. 12 (B) ORIGINATE DIRECTLY FROM A HEAD THAT HAS RECEIVED A COM- 13 PLETE NEGATIVE TEST OF ALL CAPTIVE CERVIDAE 12 MONTHS OF AGE OR 14 OLDER AND ALL CATTLE AND GOATS 6 MONTHS OF AGE OR OLDER IN CON- 15 TACT WITH THE HERD, RECEIVE AN INDIVIDUAL NEGATIVE OFFICIAL TEST 16 FOR TUBERCULOSIS WITHIN 90 DAYS PRIOR TO MOVEMENT, AND BE ACCOM- 17 PANIED BY A COPY OF THE OFFICIAL TESTS FOR TUBERCULOSIS VERIFYING 18 THAT TESTING. 19 (C) BE ISOLATED FROM ALL OTHER MEMBERS OF THE HERD AND 20 RECEIVE 2 OFFICIAL NEGATIVE TESTS FOR TUBERCULOSIS AT 90- TO 21 120-DAY INTERVALS BEFORE MOVEMENT AND BE ACCOMPANIED BY COPIES OF 22 THE OFFICIAL TESTS FOR TUBERCULOSIS VERIFYING THAT TESTING. 23 (3) ALL LIVE CAPTIVE WHITE-TAILED DEER AND CAPTIVE ELK LESS 24 THAN 6 MONTHS OF AGE MOVING FROM 1 PREMISES TO ANOTHER PREMISES 25 WITHIN THIS STATE, EXCEPT THOSE CONSIGNED DIRECTLY TO A STATE OR 26 FEDERALLY INSPECTED SLAUGHTER FACILITY PREMISES, SHALL COMPLY 27 WITH 1 OF THE FOLLOWING: 06947'98 16 1 (A) ORIGINATE DIRECTLY FROM AN OFFICIAL TUBERCULOSIS 2 ACCREDITED OR QUALIFIED HERD AS OUTLINED IN THE UNIFORM METHODS 3 AND RULES FOR TUBERCULOSIS ERADICATION IN CERVIDAE EFFECTIVE 4 MAY 15, 1994, APPROVED BY VETERINARY SERVICES OF THE ANIMAL AND 5 PLANT HEALTH INSPECTION SERVICE OF THE UNITED STATES DEPARTMENT 6 OF AGRICULTURE, AND ALL AMENDMENTS TO THOSE PUBLICATIONS THEREAF- 7 TER ADOPTED PURSUANT TO RULES THAT THE DIRECTOR MAY PROMULGATE, 8 BE IDENTIFIED BY AN OFFICIAL IDENTIFICATION, AND BE ACCOMPANIED 9 BY A COPY OF THE CURRENT OFFICIAL LETTER FROM THE MICHIGAN 10 DEPARTMENT OF AGRICULTURE VERIFYING THE HERD STATUS. 11 (B) ORIGINATE DIRECTLY FROM A HERD WHICH HAS RECEIVED A NEG- 12 ATIVE COMPLETE HERD TEST FOR TUBERCULOSIS OF ALL CAPTIVE CERVIDAE 13 12 MONTHS OF AGE OR OLDER AND ALL CATTLE AND GOATS 6 MONTHS OF 14 AGE OR OLDER IN CONTACT WITH THE HERD, BE INDIVIDUALLY IDENTIFIED 15 BY AN OFFICIAL IDENTIFICATION, BE ACCOMPANIED BY AN OFFICIAL 16 PERMIT FOR MOVEMENT OF CAPTIVE WHITE-TAILED DEER AND CAPTIVE ELK 17 LESS THAN 6 MONTHS OF AGE WITHIN MICHIGAN ISSUED BY AN ACCREDITED 18 VETERINARIAN, AND REMAIN AT THE DESTINATION STATED ON THE PERMIT 19 UNTIL IT RECEIVES AN OFFICIAL NEGATIVE TUBERCULOSIS TEST WHEN IT 20 REACHES 6 MONTHS OF AGE, BUT NOT MORE THAN 8 MONTHS OF AGE. FOR 21 PURPOSES OF THIS SECTION, THE AGE OF THE CAPTIVE WHITE-TAILED 22 DEER OR CAPTIVE ELK SHALL BE DETERMINED BY THE AGE PLACED ON THE 23 OFFICIAL PERMIT FOR MOVEMENT OF CAPTIVE WHITE-TAILED DEER OR CAP- 24 TIVE ELK LESS THAN 6 MONTHS OF AGE IN MICHIGAN BY THE ACCREDITED 25 VETERINARIAN. A COPY OF THE OFFICIAL TEST FOR TUBERCULOSIS AND A 26 COPY OF THE OFFICIAL PERMIT FOR MOVEMENT OF CAPTIVE WHITE-TAILED 27 DEER OR CAPTIVE ELK LESS THAN 6 MONTHS OF AGE WITHIN MICHIGAN 06947'98 17 1 SHALL BE FORWARDED TO THE DEPARTMENT WITHIN 10 DAYS FOLLOWING 2 COMPLETION OF THE TESTING. 3 (4)(2)Captive cervidae with a response other than nega- 4 tive to any tuberculosis test are not eligible for intrastate 5 movement without permission from the director. 6 (5)(3)Captive cervidae known to be affected with or 7 exposed to tuberculosis shall not be moved intrastate without 8 permission from the director. 9 (6)(4)The department shall keep a current database on 10 captive cervidae premises in this state. The database shall 11 include the owner's name, the owner's current address, location 12 of captive cervidae, species of captive cervidae at the premises, 13 and the approximate number of captive cervidae at the premises. 14 SEC. 30C. (1) BEGINNING ON THE EFFECTIVE DATE OF THIS SEC- 15 TION, EACH OWNER OF ANY CAPTIVE WHITE-TAILED DEER FARM OR CAPTIVE 16 ELK FARM THAT DOES NOT POSSESS OFFICIAL TUBERCULOSIS ACCREDITED 17 OR QUALIFIED HERD STATUS AS DEFINED IN THE UNIFORM METHODS AND 18 RULES FOR TUBERCULOSIS ERADICATION IN CERVIDAE EFFECTIVE MAY 15, 19 1994, APPROVED BY THE VETERINARY SERVICES OF THE ANIMAL AND PLANT 20 HEALTH INSPECTION SERVICE OF THE UNITED STATES DEPARTMENT OF 21 AGRICULTURE, AND ALL AMENDMENTS TO THOSE PUBLICATIONS THEREAFTER 22 ADOPTED PURSUANT TO RULES THAT THE DIRECTOR MAY PROMULGATE, SHALL 23 CAUSE AN OFFICIAL TEST FOR TUBERCULOSIS TO BE CONDUCTED ON ALL 24 CAPTIVE CERVIDAE 12 MONTHS OF AGE OR OLDER, AND ALL CATTLE AND 25 GOATS 6 MONTHS OF AGE AND OLDER IN CONTACT WITH THE CAPTIVE 26 CERVIDAE. THIS TESTING SHALL BE COMPLETED WITHIN 18 MONTHS 27 FOLLOWING THE EFFECTIVE DATE OF THIS SECTION. THE OWNER OF ANY 06947'98 18 1 CAPTIVE WHITE-TAILED DEER FARM OR CAPTIVE ELK FARM THAT BEGINS 2 OPERATION AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL COMPLETE 3 THE TESTING REQUIREMENT WITHIN 18 MONTHS FOLLOWING ASSEMBLY OF 4 THE HERD. 5 (2) BEGINNING ON THE EFFECTIVE DATE OF THIS SECTION, EACH 6 OWNER OF ANY CAPTIVE CERVIDAE RANCH SHALL CAUSE CAPTIVE CERVIDAE 7 REMOVED FROM THE HERD TO UNDERGO VISUAL INSPECTION BY A SPECIALLY 8 TRAINED ACCREDITED VETERINARIAN, APPROVED BY THE DIRECTOR, FOR 9 EVIDENCE OF TUBERCULOSIS. THE NUMBER OF ANIMALS TO BE INSPECTED 10 SHALL BE EQUAL TO THE NUMBER REQUIRED FOR ESTABLISHING AN OFFI- 11 CIAL TUBERCULOSIS MONITORED HERD AS OUTLINED IN THE UNIFORM 12 METHODS AND RULES FOR TUBERCULOSIS ERADICATION IN CERVIDAE EFFEC- 13 TIVE MAY 15, 1994, APPROVED BY VETERINARY SERVICES OF THE ANIMAL 14 AND PLANT HEALTH INSPECTION SERVICE OF THE UNITED STATES DEPART- 15 MENT OF AGRICULTURE, AND ALL AMENDMENTS TO THOSE PUBLICATIONS 16 THEREAFTER ADOPTED PURSUANT TO RULES THAT THE DIRECTOR MAY 17 PROMULGATE. THE TESTING SHALL BE CONDUCTED OVER A 18 3-CONSECUTIVE-YEAR PERIOD AND BE COMPLETED WITHIN 5 YEARS FOLLOW- 19 ING THE EFFECTIVE DATE OF THIS SECTION. THE OWNER OF ANY CAPTIVE 20 CERVIDAE RANCH WHICH BEGINS OPERATION AFTER THE EFFECTIVE DATE OF 21 THIS SECTION SHALL COMPLETE THE REQUIRED TESTING WITHIN 5 YEARS 22 FOLLOWING ASSEMBLY OF THE HERD. 06947'98 Final page. LBO