HOUSE BILL No. 5832


     April 9, 2002, Introduced by Reps. Pumford and Sheltrown and referred to the Committee on Agriculture and Resource
Management.


        A bill to amend 1988 PA 466, entitled

   "Animal industry act,"

   by amending sections 3, 4, 6, 8, 9, 11b, 12, 13a, 14, 16, 19, 22,

   30a, 30b, 33, and 44 (MCL 287.703, 287.704, 287.706, 287.708,

   287.709, 287.711b, 287.712, 287.713a, 287.714, 287.716, 287.719,

   287.722, 287.730a, 287.730b, 287.733, and 287.744), sections 3,

   4, 6, 8, 9, 12, 14, 16, 19, 30a, 30b, 33, and 44 as amended and

   sections 11b and 13a as added by 2000 PA 323 and section 22 as

   amended by 1996 PA 369; and to repeal acts and parts of acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 3.  (1) "Accredited veterinarian" means a veterinarian

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        approved by the  deputy  administrator of the United States

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        department of agriculture, animal and plant health inspection

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        service  , veterinary services  in accordance with provisions of

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        9 C.F.R. part 161,  .  An accredited veterinarian is  AND


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        considered preapproved to perform certain functions of federal

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        and cooperative state/federal programs.

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             (2) "Animal" means mollusks, crustaceans, and vertebrates

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        other than human beings including, but not limited to, livestock,

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        exotic animals, aquaculture, and domestic animals.

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             (3) "Animal movement certificate" means  a printed form

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        adopted by the department and completed  ANIMAL MOVEMENT AUTHORI-

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        ZATION ESTABLISHED IN A MANNER APPROVED and issued by the direc-

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        tor that contains, at a minimum, the following information

10
        regarding animals or an animal:

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             (a) The point of origin and point of destination.

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             (b) Official identification.

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             (c) Anticipated movement date.

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             (d) Any required official test results for bovine

15
        tuberculosis.

16
             (4) "Aquaculture" means the commercial husbandry of aquacul-

17
        ture species on the approved list of aquaculture species under

18
        the Michigan aquaculture development act, 1996 PA 199,

19
        MCL 286.871 to 286.884, including, but not limited to, the cul-

20
        turing, producing, growing, using, propagating, harvesting,

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        transporting, importing, exporting, or marketing of any products,

22
        coproducts, or by-products of fish, crustaceans, mollusks, rep-

23
        tiles, and amphibians, reared or cultured under controlled condi-

24
        tions in an aquaculture facility.

25
             (5) "Aquaculture facility" means that term as defined under

26
        the Michigan aquaculture development act, 1996 PA  1999  199,

27
        MCL 286.871 to 286.884.



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             (6) "Approved vaccine" means a veterinary biological

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        administered to livestock or other animals to induce immunity in

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        the recipient  .  The use of the approved vaccine in this state

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        shall be  AND approved by the state veterinarian.

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             (7) "Carcasses" means the dead bodies of animals, poultry,

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        or aquaculture.  Carcasses do not include rendered products.

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             (8) "Cattle" means all bovine (genus bos) animals, bovine-

 8
        like animals (genus bison) also commonly referred to as American

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        buffalo or bison and any cross of these species unless otherwise

10
        specifically provided.

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             (9) "Cattle importation lot" means a premises registered

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        with the department and used only to feed cattle in preparation

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        for slaughter.

14
             (10) "Commingling" means concurrently or subsequently shar-

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        ing or subsequent use by livestock or other domestic animals of

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        the same pen or same section in a facility or same section in a

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        transportation unit where there is physical contact or contact

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        with bodily excrements, AEROSOLS, or fluids from other livestock

19
        or domestic animals.

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             (11) "Consignee" means the person receiving the animals at

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        the point of destination named on the official interstate or

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        intrastate health certificate, official interstate certificate of

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        veterinary inspection OR ANIMAL MOVEMENT CERTIFICATE, entry

24
        authorization form, FISH DISEASE INSPECTION REPORT, owner-shipper

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        statement, or sales invoice.

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             (12) "Contagious disease" means an illness due to a specific

27
        infectious agent or suspected infectious agent or its toxic



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        products which arises through transmission of that agent or its

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        products from an infected animal, or inanimate reservoir to a

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        susceptible host, either directly or indirectly through an inter-

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        mediate plant or animal host, vector, or the inanimate environ-

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        ment, or via an airborne mechanism.

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             (13) "Dealer" means any person REQUIRED TO BE LICENSED UNDER

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        1937 PA 284, MCL 287.121 TO 287.131, AND engaged in the business

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        of buying, receiving, selling, exchanging, transporting, negoti-

 9
        ating, or soliciting the sale, resale, exchange, transportation,

10
        or transfer of livestock.   This act does not exempt a person

11
        from licensure if otherwise required to be licensed under 1937

12
        PA 284, MCL 287.121 to 287.131.

13
             (14) "Department" means the MICHIGAN department of

14
        agriculture.

15
             (15) "Direct movement" means transfer of animals to a desti-

16
        nation without unloading the animals en route and without expo-

17
        sure to any other animals or bodily excrements, AEROSOLS, or

18
        fluids from other animals.

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             (16) "Director" means the director of the MICHIGAN depart-

20
        ment of agriculture or his or her authorized representative.

21
             (17) "Disease" means any animal health  issue  CONDITION

22
        with POTENTIAL FOR economic  impacts in terms of restricted move-

23
        ment or markets, whether due to residues, metabolic problems,

24
        IMPACT, public OR ANIMAL health concerns,  multiple causes,  or

25
        food safety  issues  CONCERNS.

26
             (18) "Distribute" means to deliver other than by

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        administering or dispensing a veterinary biological.



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             (19) "Domestic animal" means those species of animals that

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        live under the husbandry of humans.

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             (20) "Emergency fish diseases" means certain infectious dis-

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        eases of fish that are transmissible directly or indirectly from

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        1 fish to another and are not known to exist within the waters of

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        the state.  Emergency fish diseases include, but are not limited

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        to, viral hemorrhagic septicemia, infectious hematopoietic necro-

 8
        sis, ceratomyxosis, and proliferative kidney disease.

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             (21) "Equine" means all animals of the equine family which

10
        includes horses, asses, jacks, jennies, hinnies, mules, donkeys,

11
        burros, ponies, and zebras.

12
             (22) "Exhibition or exposition" means a congregation, gath-

13
        ering, or collection of livestock that are presented or exposed

14
        to public view for show, display, swap, exchange, entertainment,

15
        educational event, instruction, advertising, or competition.

16
        Exhibition or exposition does not include livestock for sale at

17
        public stockyards, auctions, saleyards, and livestock yards

18
        licensed under the provisions of 1937 PA 284, MCL 287.121 to

19
        287.131.

20
             (23) "Exhibition facility" means any facility used or

21
        intended to be used for public view, show, display, swap,

22
        exchange, entertainment, advertisement, educational event, or

23
        competition involving livestock.  Exhibition facility does not

24
        include a public stockyard, an auction saleyard, and a livestock

25
        yard where livestock are accepted on consignment and the auction

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        method is used in the marketing of the livestock.





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             (24) "Exhibitor" means any person who presents livestock for

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        public display, exhibition, or competition or enters livestock in

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        a fair, show, exhibition, or exposition.

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             (25) "Exotic animal" means those animals that are not

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         domestic or any cross of those animals not domestic  NATIVE to

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        North America.

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             (26) "Fair" means a competition and educational exhibition

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        of agricultural commodities and manufactured products for which

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        premiums may be paid and which is conducted by an association or

10
        governmental entity.

11
             (27) "Feral swine" means swine which have lived their life

12
        or any part of their life as free roaming or not under the hus-

13
        bandry of humans.

14
             Sec. 4.  (1) "Fish disease inspection report" means a docu-

15
        ment available from the Great Lakes fishery commission completed

16
        by a fish health official giving evidence of inspections and

17
        diagnostic work performed.

18
             (2) "Fish health official" means a fish health specialist

19
        identified by member agencies of the Great Lakes fish disease

20
        control committee to the chair of the Great Lakes fish disease

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        control committee responsible for conducting fish-hatchery

22
        inspections and the issuance of inspection reports.

23
             (3) "Flock" means all of the poultry on 1 premises or, upon

24
        the discretion of the department, a group of poultry that is seg-

25
        regated from all other poultry for at least 21 days.

26
             (4) "Garbage" means any animal origin products, including

27
        those of poultry and fish origin, or other animal material



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        resulting from the handling, processing, preparation, cooking,

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        and consumption of foods.  Garbage includes, but is not limited

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        to, any refuse of any type that has been associated with any such

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        material at any time during the handling, preparation, cooking,

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        or consumption of food.  Garbage does not include rendered pro-

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        ducts or manure.

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             (5) "Grade"  status"  means an animal for which no proof of

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        registration with an appropriate breed registry is provided.

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             (6) "Hatchery" means incubators, hatchers, and auxiliary

10
        equipment on 1 premises operated and controlled for the purpose

11
        of hatching poultry.

12
             (7) "Hatching poultry eggs" means eggs for use in a hatchery

13
        to produce young poultry or to produce embryonated eggs.

14
             (8) "Herd or flock of origin" means any herd or flock in

15
        which animals are born and remain until movement or any herd or

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        flock which animals remain for at least 30 days immediately fol-

17
        lowing direct movement into the herd or flock from another herd

18
        or flock.  Herd or flock of origin includes the place of origin,

19
        premises of origin, and farm of origin.

20
             (9) "Infectious disease" means an infection or disease due

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        to the invasion of the body by pathogenic organisms.

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             (10) "Isolated" means the physical separation of animals by

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        a physical barrier in such a manner that other animals do not

24
        have access to the isolated animals' body, excrement, AEROSOLS,

25
        or discharges, not allowing the isolated animals to share a

26
        building with a common ventilation system with other animals, and

27
        not allowing the isolated animals to be within 10 feet of other



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        animals if not sharing a building with a common ventilation

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        system.  Isolated animals have a  noncommon  feed and water

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        system separate from other animals.

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

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        cattle that are vaccinated by an accredited veterinarian with a

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        United States department of agriculture approved brucella abortus

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        vaccine in accordance with procedures and at an age approved by

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        the director.

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             (2) "Official identification" means an identification ear

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        tag, tattoo, electronic identification, or other identification

11
        approved by the United States department of agriculture or the

12
        department.

13
             (3) "Official interstate health certificate" or "official

14
        interstate certificate of veterinary inspection" means a printed

15
        form adopted by any state that documents the information required

16
        under section 20 and that is issued for animals being imported to

17
        or exported from this state within 30 days before the importation

18
        or exportation of the animals it describes.  A photocopy of an

19
        official interstate health certificate or an official interstate

20
        certificate of veterinary inspection is CONSIDERED an official

21
        copy if certified as a true copy by the issuing veterinarian or a

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        livestock health official of the state of origin.

23
             (4) "Official test" means a sample of specific material col-

24
        lected from an animal by an accredited veterinarian, STATE OR

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        FEDERAL VETERINARY MEDICAL OFFICER, or other person authorized by

26
        the director  ,  and analyzed by a laboratory certified by the

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        United States department of agriculture or the department to



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        conduct the test, or a diagnostic injection administered and

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        analyzed by an accredited veterinarian OR A STATE OR FEDERAL VET-

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        ERINARY MEDICAL OFFICER.  An official test  shall be  IS con-

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        ducted only by an accredited veterinarian OR A STATE OR FEDERAL

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        VETERINARY MEDICAL OFFICER except under special permission by the

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        director.

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

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        director has designated as reportable,  .  An official vaccina-

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        tion shall be  administered by an accredited veterinarian OR A

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        STATE OR FEDERAL VETERINARY MEDICAL OFFICER, and documented on a

11
        form supplied by the department.

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

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        herd or flock of origin.

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

15
        pair of permanent incisor teeth visibly present unless the owner

16
        can document the exact age.  Parturient or postparturient heif-

17
        ers, regardless of their age, are considered over 19 months of

18
        age.

19
             (8) "Person" means an individual, partnership, corporation,

20
        cooperative, association, joint venture, or other legal entity

21
        including, but not limited to, contractual relationships.

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

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

24
        that are propagated and maintained under the husbandry of

25
        humans.

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

27
        the department for specific species of livestock imported into



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        the state that is recorded on the official interstate health

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        certificate or official interstate certificate of veterinary

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        inspection BEFORE ENTRY INTO THE STATE.

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

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

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        and all other members of the family cervidae raised or maintained

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        in captivity for the production of meat and other agricultural

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

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        owned cervid at large will continue to be considered a privately

10
        owned cervid as long as it bears  official  VISIBLE

11
        identification.

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

13
        public premises that contains 1 or more privately owned cervids

14
        and does not have any privately owned cervids removed by the

15
        hunting method.

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

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        public premises that contains 1 or more privately owned cervids

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        and has privately owned cervids removed by the hunting method.

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

20
        any private or public premises that contain 1 or more privately

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

22
        owned white-tailed deer or privately owned elk removed by the

23
        hunting method.

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

25
        both salmonella pullorum and salmonella gallinarum.







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

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        receives and maintains this status by fulfilling the requirements

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        prescribed in the national poultry improvement plan.

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

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

 6
        of animals, EQUIPMENT, OR VEHICLES to or from any structure,

 7
        premises, or area of this state including the entirety of this

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        state.

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

10
        bone without the keellike prominence characteristic of most

11
        flying birds.  Ratites include, but are not limited to, casso-

12
        waries, kiwis, ostriches, emus, and rheas.

13
             (19) "Reasonable assistance" means safely controlling an

14
        animal by corralling, stabling, kenneling, holding, tying, chemi-

15
        cally restraining, or confining by halter or leash or crowding

16
        the animal in a safe and sensible manner so an examination or

17
        testing procedure considered necessary by the director can be

18
        performed.

19
             (20) "Rendered products" means waste material derived in

20
        whole or in part from meat of any animal or other animal material

21
        and other refuse of any character whatsoever that has been asso-

22
        ciated with any such material at any time during the handling,

23
        preparation, cooking, or consumption of food that has been ground

24
        and heat-treated to a minimum temperature of 230 degrees

25
        Fahrenheit to make products including, but not limited to, animal

26
        protein meal, poultry protein meal, fish protein meal, grease, or

27
        tallow.  Rendered products also include bakery wastes, eggs,



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        candy wastes, and domestic dairy products including, but not

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        limited to, milk.

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             (21) "Reportable disease" means an animal disease on the

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        current reportable animal disease list maintained by the state

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        veterinarian that poses a serious threat to the livestock indus-

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        try, public health, or human food chain.

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             (22) "Slaughter facility premises" means all facilities,

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        buildings, structures, including all immediate grounds where

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        slaughtering occurs under federal or state inspection, or other-

10
        wise authorized by the director.

11
             (23) "Sow" means any female swine that has farrowed or given

12
        birth to or aborted 1 litter or more.

13
             (24) "State veterinarian" means the chief animal health

14
        official of the state as appointed by the director under section

15
        7, or his or her authorized representative.

16
             (25) "Swine" means any of the ungulate mammals of the family

17
        suidae.

18
             (26) "Terminal operation" means a facility for cattle, PRI-

19
        VATELY OWNED CERVIDS, and goats to allow for continued growth and

20
        finishing until such time as the cattle, PRIVATELY OWNED CERVIDS,

21
        and goats are shipped directly to slaughter.

22
             (27) "Toxic substance" means a natural or synthetic chemical

23
        in concentrations which alone or in combination with other natu-

24
        ral or synthetic chemicals presents a threat to the health,

25
        safety, or welfare to human or animal life or which has the

26
        capacity to produce injury or illness through ingestion,

27
        inhalation, or absorption through the body surface.



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             (28) "Toxicological disease" means any condition caused by

 2
        or related to a toxic substance.

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             (29) "U.S. registered shield" means a tattoo authorized and

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        approved by the United States department of agriculture for use

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        by an accredited veterinarian to designate cattle that have been

 6
        vaccinated against brucellosis using an approved brucella abortus

 7
        vaccine.

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             (30) "Veterinarian" means a person licensed to practice vet-

 9
        erinary medicine under article 15 of the public health code, 1978

10
        PA 368, MCL 333.16101 to 333.18838, or under a state or federal

11
        law applicable to that person.

12
             (31) "Veterinary biological" means all viruses, serums,

13
        toxins, and analogous products of natural or synthetic origin, or

14
        products prepared from any type of genetic engineering, such as

15
        diagnostics, antitoxins, vaccines, live microorganisms, killed

16
        microorganisms, and the antigenic or immunizing components of

17
        microorganisms intended for use in the diagnosis, treatment, or

18
        prevention of diseases in animals.

19
             (32) "Waters of the state" means groundwaters, lakes,

20
        rivers, and streams and all other watercourses and waters within

21
        the jurisdiction of the state and also the Great Lakes bordering

22
        the state.

23
             (33) "Wild animal" means any nondomesticated animal or any

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        cross of a nondomesticated animal.

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             Sec. 8.  (1) Under the direction of the director, the state

26
        veterinarian shall do all of the following:





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             (a) Develop and enforce policy and supervise activities to

 2
        carry out this act and other state and federal laws, rules, and

 3
        regulations that pertain to the health and welfare of animals in

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        this state on public or private premises.

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             (b) Promulgate rules under the administrative procedures act

 6
        of 1969, 1969 PA 306, MCL 24.201 to 24.328, for the use of veter-

 7
        inary biologicals including diagnostic biological agents.

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             (c) Maintain a list of reportable animal diseases.  The

 9
        state veterinarian shall review and update the list annually and

10
        more often if necessary.

11
             (d) Maintain a list of veterinary biologicals whose sale,

12
        distribution, use, or administration by any person is reported to

13
        the director when requested by the director within 10 working

14
        days of the sale, distribution, use, or administration.  The

15
        state veterinarian shall review and update the list annually and

16
        more often if necessary.

17
             (e) Develop and implement scientifically based surveillance

18
        and monitoring programs for reportable diseases when the director

19
        determines, with advice and consultation from the livestock

20
        industry and veterinary profession, that these programs would aid

21
        in the control or eradication of a reportable disease or  assist

22
        STRENGTHEN in the economic viability of the industry.

23
             (2) The state veterinarian may require that the importation

24
        and use of veterinary biologicals or biological agents be

25
        reported to the department and may restrict the use of certain

26
        veterinary biologicals to veterinarians when the disease or





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        veterinary biological involved has a substantial impact on public

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        health, animal health, or animal industry.

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             (3) Unless otherwise prohibited by law, the state veterinar-

 4
        ian may enter upon any public or private premises to enforce this

 5
        act.

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             (4) A PERSON SHALL NOT GIVE FALSE INFORMATION IN A MATTER

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        PERTAINING TO THIS ACT AND SHALL NOT RESIST, IMPEDE, OR HINDER

 8
        THE DIRECTOR IN THE DISCHARGE OF HIS OR HER DUTIES UNDER THIS

 9
        ACT.

10
             (5) UPON DEMAND OF THE DIRECTOR OR OF A LAW ENFORCEMENT

11
        OFFICER, A PERSON TRANSPORTING LIVESTOCK SHALL PRODUCE DOCUMEN-

12
        TATION THAT CONTAINS THE ORIGIN OF SHIPMENT, REGISTRATION OR

13
        PERMIT COPIES OR DOCUMENTATION, DOCUMENTATION DEMONSTRATING SHIP-

14
        PING DESTINATION, AND ANY OTHER PROOF THAT MAY BE REQUIRED UNDER

15
        THIS ACT.

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             (6) THE DIRECTOR MAY WAIVE ANY TESTING REQUIREMENTS AFTER

17
        EPIDEMIOLOGIC REVIEW.

18
             Sec. 9.  (1) A person who discovers, suspects, or has reason

19
        to believe that an animal is either affected by a reportable dis-

20
        ease or contaminated with a toxic substance shall immediately

21
        report that fact, suspicion, or belief to the director.  The

22
        director shall take appropriate action to investigate the

23
        report.  A person possessing an animal affected by, or suspected

24
        of being affected by, a reportable disease or contaminated with a

25
        toxic substance shall allow the director to examine the animal or

26
        collect diagnostic specimens.  The director may enter premises

27
        where animals, animal products, or animal feeds are suspected of



   06068'01                                  16

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        being contaminated with an infectious or contagious disease, or a

 2
        disease caused by a toxic substance and seize or impound the

 3
        animal products or feed located on the premises.  The director

 4
        may withhold a certain amount of animal products or feed for the

 5
        purpose of controlled research and testing.  A person who know-

 6
        ingly possesses or harbors affected or suspected animals shall

 7
        not expose other animals to the affected or suspected animals or

 8
        otherwise move the affected or suspected animals or animals under

 9
        quarantine except with permission from the director.

10
             (2) A person owning animals shall provide reasonable assist-

11
        ance to the director during the examination and necessary testing

12
        procedures.

13
             (3) The director may call upon a law enforcement agency to

14
        assist in enforcing the director's quarantines, orders, or any

15
        other provisions of this act.

16
             (4) A person shall not remove or alter the official identi-

17
        fication of an animal.  A person shall not misrepresent an

18
        animal's identity or the ownership of an animal.  A person shall

19
        not misrepresent the animal's health status to a potential

20
        buyer.

21
             (5) The director  shall  MAY devise and implement a program

22
        to compensate livestock owners for livestock that die, are

23
        injured, or need to be destroyed for humane  purposes  REASONS

24
        DUE TO INJURY OCCURRING while the livestock are  being tested or

25
        under a surveillance program  UNDERGOING MANDATORY OR REQUIRED

26
        TESTING for a reportable disease.





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             (6) Any medical or epidemiological information that

 2
        identifies the owners of animals and is gathered in connection

 3
        with the reporting of a discovery, suspicion, or reason to

 4
        believe that an animal is either affected by a reportable disease

 5
        or contaminated with a toxic substance, or information gathered

 6
        in connection with an investigation of the reporting of a discov-

 7
        ery, suspicion, or reason to believe that an animal is affected

 8
        by a reportable disease or contaminated with a toxic substance is

 9
        confidential, is exempt from disclosure under the freedom of

10
        information act, 1976 PA 442, MCL 15.231 to 15.246, and is not

11
        open to public inspection without the individual's consent unless

12
        public inspection is necessary to protect the public or animal

13
        health as determined by the director.  Such medical or epidemio-

14
        logical information that is released to a legislative body shall

15
        not contain information that identifies a specific owner.

16
             (7) As used in subsections (8) to (10):

17
             (a) "Disease free zone" means any area in the state with

18
        defined dimensions determined by the department in consultation

19
        with the United States department of agriculture to be free of

20
        bovine tuberculosis IN LIVESTOCK.

21
             (b) "Infected zone" means any area in the state with defined

22
        dimensions in which bovine tuberculosis is present IN LIVESTOCK

23
        and separated from the disease free zone by a surveillance zone

24
        as determined by the department in consultation with the United

25
        States department of agriculture.

26
             (c) "Official intrastate health certificate or official

27
        intrastate certificate of veterinary inspection" means a printed



   06068'01                                  18

 1
        form adopted by the department and completed and issued by an

 2
        accredited veterinarian that documents an animal's point of

 3
        origin, point of destination, official identification, and any

 4
        required official test results.

 5
             (d) "Prior movement permit" means prior documented permis-

 6
        sion given by the director before movement of livestock.

 7
             (e) "Surveillance zone" means any area in the state with

 8
        defined dimensions  which  THAT is  bovine tuberculosis disease

 9
        free and  located adjacent  and  OR contiguous to an infected

10
        zone as determined by the department in consultation with the

11
        United States department of agriculture.

12
             (8) The director may develop, implement, and enforce scien-

13
        tifically based movement restrictions and requirements including

14
        official bovine tuberculosis test requirements, prior movement

15
        permits, official intrastate health certificates or animal move-

16
        ment certificates to accompany movement of animals, and official

17
        identification of animals for movement between or within a dis-

18
        ease free zone, surveillance zone, and an infected zone, or any

19
        combination of those zones.

20
             (9) The department shall comply with the following proce-

21
        dures before issuing  movement restrictions and other  ZONING

22
        requirements described in subsection (8) that assure public

23
        notice and opportunity for public comment:

24
             (a) Develop scientifically based  movement restrictions and

25
        other  ZONING requirements with advice and consultation from the

26
        livestock industry and veterinary profession.





   06068'01                                  19

 1
             (b) Place the proposed  movement restrictions and other

 2
        ZONING requirements on the commission of agriculture agenda  for

 3
        at least 1 month before  implementation and allow public comment

 4
        before commission review  FINAL REVIEW AND ORDER BY THE

 5
        DIRECTOR.  DURING THE 1-MONTH PERIOD DESCRIBED IN THIS SUBDIVI-

 6
        SION, WRITTEN COMMENTS MAY BE SUBMITTED TO THE DIRECTOR AND THE

 7
        DIRECTOR SHALL HOLD AT LEAST 1 PUBLIC FORUM WITHIN THE AFFECTED

 8
        AREAS.

 9
             (c) Place the proposed  movement restrictions and other

10
        ZONING requirements at least 1 month before implementation in a

11
        newspaper  of each county  HAVING CIRCULATION within the proposed

12
         movement restriction  ZONING REQUIREMENT area and at least 2

13
        newspapers HAVING CIRCULATION outside of the proposed ZONING

14
        REQUIREMENT area.

15
             (10) The  department  DIRECTOR may revise or rescind move-

16
        ment restrictions and other requirements described in subsection

17
        (8), pursuant to this section, and any revision or revocation of

18
        such movement restrictions or other requirements shall comply

19
        with the procedure set forth in subsection (9) UNLESS THE REVI-

20
        SION DOES NOT ALTER THE BOUNDARY OF A PREVIOUSLY ESTABLISHED

21
        ZONE.

22
             (11) As used in subsections (12) to (32):

23
             (a) "High-risk area" means an area DESIGNATED BY THE

24
        DIRECTOR where bovine tuberculosis has been diagnosed in

25
        livestock.   High-risk area does not include an area where tests

26
        conducted under subsection (14) indicate a lack of bovine





   06068'01                                  20

 1
        tuberculosis diagnosis at least 36 months after the date the area

 2
        was designated a high-risk area.

 3
             (b) "Intrastate MOVEMENT" means MOVEMENT from 1 premises to

 4
        another within this state.  Intrastate  in reference to  movement

 5
        does not include the movement of livestock from 1 premises within

 6
        the state directly to another premises within the state when both

 7
        premises are a part of the same livestock operation under common

 8
        ownership and both premises are directly interrelated as part of

 9
        the same livestock operation EXCEPT THAT WHEN INTRASTATE MOVEMENT

10
        CAUSES LIVESTOCK TO CROSS FROM 1 ZONE INTO ANOTHER ZONE, LIVE-

11
        STOCK MUST MEET THE TESTING REQUIREMENTS FOR THEIR ZONE OF

12
        ORIGIN.

13
             (c) "Potential high-risk area" means an area  where

14
        DETERMINED BY THE DIRECTOR IN WHICH bovine tuberculosis has been

15
        diagnosed in wild animals only.   Potential high-risk area does

16
        not include an area where cattle and goat herds are whole herd

17
        tested in the manner provided for under subsection (16) resulting

18
        in the lack of any additional bovine tuberculosis infected ani-

19
        mals being found in wild animals, domestic animals, or

20
        livestock.

21
             (d) "Whole herd" means any isolated group of cattle,  and

22
        PRIVATELY OWNED CERVIDS, OR goats  12 months of age or older

23
        maintained on common ground for any purpose, or 2 or more groups

24
        of cattle,  and  PRIVATELY OWNED CERVIDS, OR goats under common

25
        ownership or supervision geographically separated but that have

26
        an interchange or movement of cattle,  and  PRIVATELY OWNED





   06068'01                                  21

 1
        CERVIDS, OR goats without regard to health status as determined

 2
        by the director.

 3
             (E) "WHOLE HERD TEST" MEANS A TEST OF ANY ISOLATED GROUP OF

 4
        CATTLE OR PRIVATELY OWNED CERVIDS 12 MONTHS OF AGE AND OLDER OR

 5
        GOATS 6 MONTHS OF AGE OR OLDER MAINTAINED ON COMMON GROUND FOR

 6
        ANY PURPOSE; 2 OR MORE GROUPS OF CATTLE, GOATS, OR PRIVATELY

 7
        OWNED CERVIDS UNDER COMMON OWNERSHIP OR SUPERVISION GEOGRAPH-

 8
        ICALLY SEPARATED BUT THAT HAVE AN INTERCHANGE OR MOVEMENT OF

 9
        CATTLE, GOATS, OR PRIVATELY OWNED CERVIDS WITHOUT REGARD TO

10
        HEALTH STATUS AS DETERMINED BY THE DIRECTOR; OR ANY OTHER TEST OF

11
        AN ISOLATED GROUP OF LIVESTOCK CONSIDERED A WHOLE HERD TEST BY

12
        THE DIRECTOR.

13
             (12) This section does not exempt dairy herds from being

14
        tested in the manner provided for by grade "A" pasteurized milk

15
        ordinance,  1999  2001 revision of the United States public

16
        health service/food and drug administration, with administrative

17
        procedures and appendices, set forth in the public health

18
        service/food and drug administration publication no. 229, and the

19
        provisions of the 1995 grade "A" condensed and dry milk products

20
        and condensed and dry whey-supplement I to the grade "A" pasteur-

21
        ized milk ordinance,  1999  2001 revisions, and all amendments to

22
        those publications thereafter adopted pursuant to the rules that

23
        the director may promulgate.

24
             (13) The director may establish high-risk areas and poten-

25
        tial high-risk areas based upon scientifically based

26
        epidemiology.   Notification shall be given through  THE DIRECTOR

27
        SHALL NOTIFY the commission of agriculture and PUBLISH PUBLIC



   06068'01                                  22

 1
        NOTICE in a newspaper with general circulation in any area

 2
        designated as a high-risk or potential high-risk area.

 3
             (14)  Cattle  ALL CATTLE and goat herds located in high-risk

 4
        areas shall be whole herd bovine tuberculosis tested at least

 5
        once per year.  After the first whole herd bovine tuberculosis

 6
        test, testing shall occur between 10 and 14 months from the anni-

 7
        versary date of the first test.  This section does not prevent

 8
        whole herd testing by the owner or by department mandate at

 9
        shorter intervals.  WHEN 36 MONTHS OF TESTING FAILS TO DISCLOSE A

10
        NEWLY AFFECTED HERD WITHIN THE HIGH-RISK AREA OR ANY PORTION OF

11
        THE HIGH-RISK AREA, THE DIRECTOR MAY REMOVE THE HIGH-RISK AREA

12
        DESIGNATION FROM ALL OR PART OF THAT AREA.

13
             (15) Terminal operations located in high-risk areas in this

14
        state are exempt from the requirements of subsection (14) and

15
        shall be monitored by a written surveillance plan approved by the

16
        director.

17
             (16)  Cattle  ALL CATTLE and goat herds located in potential

18
        high-risk areas shall be whole herd bovine tuberculosis tested

19
        within 6 months after the director has established a potential

20
        high-risk area or have a written herd plan with a targeted whole

21
        herd bovine tuberculosis testing date.  WHEN ALL HERDS MEET THE

22
        TESTING REQUIREMENTS IMPOSED IN THIS SUBSECTION, THE DIRECTOR MAY

23
        REMOVE THE POTENTIAL HIGH-RISK AREA DESIGNATION.

24
             (17) Terminal operations located in potential high-risk

25
        areas in this state are exempt from the requirements of

26
        subsection (16) and may be monitored by a written surveillance

27
        plan approved by the director.



   06068'01                                  23

 1
             (18) Each owner of any privately owned cervid herd within a

 2
        high-risk area shall cause an annual whole herd bovine tuberculo-

 3
        sis test to be conducted on all privately owned cervids 12 months

 4
        of age and older within the herd and all cattle and goats

 5
        6 months of age and older in contact with the cervids.  Following

 6
        the initial annual whole herd test, subsequent whole herd tests

 7
        shall be completed at 9- to 15-month intervals.  This section

 8
        does not prevent whole herd testing by the owner or by department

 9
        mandate at shorter intervals.

10
             (19) Each owner of any privately owned cervid ranch within a

11
        high-risk area may elect to undergo a tuberculosis slaughter sur-

12
        veillance plan approved by the director in lieu of the annual

13
        whole herd testing.  This slaughter surveillance plan must

14
        include examination of animals removed from the herd for detec-

15
        tion of tuberculosis.  Examination must be performed by a state

16
        or federal veterinarian or accredited veterinarian.  The number

17
        to be examined at each testing interval shall include adult ani-

18
        mals and must be equal to the amount necessary to establish an

19
        official tuberculosis monitored herd as defined in the bovine

20
        tuberculosis eradication uniform methods and rules, effective

21
        January 22, 1999, and all amendments to those publications there-

22
        after adopted pursuant to rules that the director may

23
        promulgate.

24
             (20) All cattle and goat herds, EXCEPT LIVESTOCK ASSEMBLED

25
        AT FEEDLOTS WHERE ALL ANIMALS ARE FED FOR SLAUGHTER BEFORE 24

26
        MONTHS OF AGE, THAT ARE located in any area outside a high-risk

27
        area or a potential high-risk area in this state shall be whole



   06068'01                                  24

 1
        herd bovine tuberculosis tested between January 1, 2000 and

 2
        December 31, 2003.  Privately owned cervid herds located in the

 3
        non-high-risk areas or potential high-risk areas shall be tested

 4
        per sections 30c and 30d.  THE DIRECTOR MAY ORDER TESTING FOR ANY

 5
        REPORTABLE DISEASE IN ANY GEOGRAPHICAL AREA OR IN ANY HERD TO

 6
        ACCOMPLISH SURVEILLANCE NECESSARY FOR THE STATE OF MICHIGAN TO

 7
        PARTICIPATE IN THE NATIONAL TUBERCULOSIS ERADICATION PROGRAM, TO

 8
        COMPLETE EPIDEMIOLOGIC INVESTIGATIONS FOR ANY REPORTABLE DISEASE,

 9
        OR IN ANY INSTANCE WHERE A REPORTABLE DISEASE IS SUSPECTED.  A

10
        PERSON SHALL NOT SELL OR OFFER FOR SALE, MOVE, OR TRANSFER ANY

11
        LIVESTOCK THAT ORIGINATE FROM A HERD OR AREA UNDER ORDER FOR

12
        TESTING BY THE DIRECTOR UNLESS THE LIVESTOCK HAVE MET THE

13
        REQUIREMENTS OF THE ORDER ISSUED UNDER THIS SUBSECTION.  IF A

14
        PERSON DOES NOT CAUSE A HERD TO BE TESTED IN COMPLIANCE WITH THIS

15
        ORDER, THE DIRECTOR SHALL NOTIFY THE PERSON RESPONSIBLE FOR MAN-

16
        AGEMENT OF THE HERD OF THE NECESSITY FOR TESTING TO OCCUR AND THE

17
        DEADLINE FOR TESTING TO OCCUR AND SHALL QUARANTINE ANY HERD THAT

18
        HAS NOT BEEN TESTED UNTIL SUCH TIME AS THE TESTING CAN BE COM-

19
        PLETED BY STATE OR FEDERAL REGULATORY VETERINARIANS OR ACCREDITED

20
        VETERINARIANS.

21
             (21) Terminal operations and privately owned cervid premises

22
        located in any area outside a high-risk area or a potential

23
        high-risk area in this state may be exempted from subsection (18)

24
        and may be monitored by a written surveillance plan approved by

25
        the director.

26
             (22) Subject to subsection (24), cattle and goats

27
        originating in an area not designated as a high-risk area moving



   06068'01                                  25

 1
        intrastate shall meet at least 1 of the following until the zone,

 2
        area, or the entirety of the state from which they originate

 3
        receives tuberculosis-free status from the United States depart-

 4
        ment of agriculture or under other circumstances as approved by

 5
        the director:

 6
             (a) Originate directly from a herd that has received an

 7
        official negative whole herd bovine tuberculosis test within the

 8
        24 months before the intrastate movement.

 9
             (b) Has received an individual official negative bovine

10
        tuberculosis test within 60 days before the intrastate

11
        movements.

12
             (c) Has originated directly from an accredited bovine

13
        tuberculosis-free herd as defined in title 9 of the code of fed-

14
        eral regulations and the bovine tuberculosis eradication:  uni-

15
        form methods and rules, effective January 22, 1999, approved by

16
        veterinary services of the United States department of agricul-

17
        ture, and all amendments to those publications thereafter adopted

18
        pursuant to rules that the director may promulgate.

19
             (23) Subject to subsection (24), cattle and goats originat-

20
        ing in a high-risk area that move intrastate shall meet at least

21
        1 of the following until the zone, area, or the entirety of the

22
        state from which they originate is no longer designated as a

23
        high-risk area by the director or under other circumstances as

24
        approved by the director:

25
             (a) Originate directly from a herd that has received an

26
        official negative whole herd bovine tuberculosis test within the

27
        12 months before the intrastate movement.



   06068'01                                  26

 1
             (b) Has received an individual official negative bovine

 2
        tuberculosis test within 60 days before the intrastate

 3
        movements.

 4
             (c) Has originated directly from an accredited bovine

 5
        tuberculosis-free herd as defined in title 9 of the code of fed-

 6
        eral regulations and the bovine tuberculosis eradication:  uni-

 7
        form methods and rules effective January 22, 1999, approved by

 8
        veterinary services of the United States department of agricul-

 9
        ture, and all amendments to those publications thereafter adopted

10
        pursuant to rules that the director may promulgate.

11
             (24) Cattle and goats not meeting subsection (22) or (23)

12
        may be sold through a livestock auction market for slaughter

13
        only.   Verification  SLAUGHTER MUST OCCUR WITHIN 5 DAYS AFTER

14
        THE SALE. THE BUYER OF LIVESTOCK SOLD FOR SLAUGHTER SHALL PROVIDE

15
        VERIFICATION that  the animals were sold only for slaughter and

16
        that  the slaughter occurred within 5 days after sale  shall be

17
        presented  upon request of the director.  FAILURE OF A BUYER OF

18
        LIVESTOCK SOLD FOR SLAUGHTER TO COMPLY WITH THIS SUBSECTION

19
        SUBJECTS THAT BUYER TO THE PENALTIES AND SANCTIONS OF THIS ACT.

20
             (25) Privately owned cervids moving intrastate shall meet

21
        requirements under section 30b.

22
             (26) Bovine tuberculosis testing required under this section

23
        shall be  conducted by any of the following:

24
             (a) Veterinarians employed by the department.

25
             (b) Veterinarians employed by the United States department

26
        of agriculture.





   06068'01                                  27

 1
             (c)  AN OFFICIAL TEST. Accredited veterinarians under

 2
        contract and APPROVED UNDER THIS SUBSECTION MAY BE paid by the

 3
        department  or the United States department of agriculture  FOR

 4
        TESTING SERVICES.   Veterinarians approved to be under contract

 5
        and  APPROVED VETERINARIANS paid by the department or the United

 6
        States department of agriculture for bovine tuberculosis testing

 7
        required by this section must attend  a  AN INITIAL bovine tuber-

 8
        culosis educational seminar approved by the director.   To be

 9
        eligible for continued contract and payment by the department or

10
        United States department of agriculture, accredited veterinarians

11
        must attend yearly bovine tuberculosis educational seminars

12
        approved by the director.

13
              (d) Any other accredited veterinarians paid by the owner.

14
             (27)  Individual, whole herd, or accredited free herd animal

15
        bovine  BOVINE tuberculosis testing  required or permitted by

16
        this section  shall be conducted by the department, United States

17
        department of agriculture, or  private  ACCREDITED

18
        veterinarians.   Beginning January 1, 2000, private veterinarians

19
        approved in subsection (26) may be paid by the department for

20
        testing services.  Any other bovine tuberculosis testing con-

21
        ducted in addition to, or less than, requirements or allowances

22
        in this section are the responsibility of the owner.

23
             (28) Individual livestock that have been injected and are

24
        undergoing bovine tuberculosis testing shall not be removed from

25
        the premises where the test is administered until the test is

26
        read except  with permission granted  AS PERMITTED by the

27
        director.



   06068'01                                  28

 1
              (29) Beginning January 1, 2000, with advice and

 2
        consultation from the livestock industry and veterinary profes-

 3
        sion, the director shall pay to a producer for assistance

 4
        approved by the Michigan commission of agriculture for whole herd

 5
        bovine tuberculosis testing required in subsections (14), (16),

 6
        (18), and (20) or required by grade "A" pasteurized milk ordi-

 7
        nance, 1999 revision of the United States public health

 8
        service/food and drug administration, with administrative proce-

 9
        dures and appendixes, set forth in the public health service/food

10
        and drug administration publication no. 229, and the provisions

11
        of the 1995 grade "A" condensed and dry milk products and con-

12
        densed and dry whey-supplement I to the grade "A" pasteurized

13
        milk ordinance, 1999 revisions, and all amendments to those pub-

14
        lications thereafter adopted pursuant to rules that the director

15
        may promulgate.

16
             (30) Beginning January 1, 2000, with advice and consultation

17
        from the livestock industry and veterinary profession, the direc-

18
        tor shall pay to a veterinarian, who has fulfilled the require-

19
        ments of subsection (26), for chutes and gates on a 50/50 cost

20
        share basis as approved by the agriculture commission.

21
             (29)  (31) Beginning January 1, 2000, with advice and con-

22
        sultation from the livestock industry and veterinary profession,

23
        the  THE director  shall  MAY pay to an operator or owner of a

24
        livestock auction market ON A 50/50 COST SHARE BASIS for chutes,

25
        gates, and remodeling to expedite identification of livestock for

26
        bovine tuberculosis surveillance and eradication.  on a 50/50

27
        cost share basis as approved by the agriculture commission.



   06068'01                                  29

 1
             (32) Subsections (22), (23), (24), and (25) take effect

 2
        January 1, 2001.

 3
             Sec. 11b.  (1) All cattle, goats, SHEEP, and privately owned

 4
        cervids shall bear official identification before they leave a

 5
        premises.

 6
             (2) Compliance with this section regarding official identi-

 7
        fication is the responsibility of the owner.

 8
             (3) Official identification  shall  MAY be supplied by the

 9
        department.

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

11
        mals, EQUIPMENT, VEHICLES, structures, premises, or any area in

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

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

14
        pected infectious, contagious, or toxicological disease.

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

16
        tine without permission from the director.

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

18
        mingle or have contact with other animals not under quarantine

19
        without permission by the director.

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

21
        another state or jurisdiction if that animal is under quarantine

22
        by the other state or jurisdiction unless that person obtains

23
        prior permission from the director.

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

25
        cies from an area under quarantine for that species for any

26
        infectious, contagious, or toxicological disease unless

27
        permission is granted from the director.



   06068'01                                  30

 1
             (6) The director may prescribe procedures for the

 2
        identification, inventory, separation, mode of handling, testing,

 3
        treatment, feeding, and caring for both quarantined animals and

 4
        animals within a quarantined area to prevent the infection or

 5
        exposure of nonquarantined or quarantined animals to infectious,

 6
        contagious, or toxicological diseases.

 7
             (7) The director may prescribe procedures required before

 8
        any animal, structure, premises, or area or zone in this state,

 9
        including the entirety of the state if necessary, are released

10
        from quarantine.

11
             (8) An animal found running at large in violation of a quar-

12
        antine may be killed by a law enforcement agency.  The director

13
        may enlist the cooperation of a law enforcement agency to enforce

14
        the provisions of this quarantine.  A law enforcement agency kil-

15
        ling an animal due to a quarantine under this section is not

16
        subject to liability for the animal.

17
             Sec. 13a.  (1) A terminal operation may be a lot, parcel,

18
        pasture, premises, facility, or confined area.

19
             (2) A terminal operation shall be registered with the

20
        department on an application form provided by the department.

21
             (3) Registration shall not be issued unless the terminal

22
        operation has been inspected by the director and found to meet

23
        the requirements of this section.

24
             (4) A terminal operation shall not allow or permit drainage

25
        from the terminal operation to flow into areas accessible to

26
        livestock, livestock feed, or livestock feed storage areas other





   06068'01                                  31

 1
        than the cattle, PRIVATELY OWNED CERVIDS, and goats in the

 2
        terminal operation.

 3
             (5) A terminal operation is constructed and operated to

 4
        deter cattle, PRIVATELY OWNED CERVIDS, and goats in the terminal

 5
        operation from making contact with animals other than those in

 6
        the terminal operation.

 7
             (6) If a vehicle transporting cattle, PRIVATELY OWNED

 8
        CERVIDS, and goats from a terminal operation completes the load

 9
        at additional farms, all of which are en route to a slaughter

10
        facility, all cattle, PRIVATELY OWNED CERVIDS, and goats must

11
        remain on the vehicle and no animals are allowed to unload.

12
             (7) A TERMINAL OPERATION MAY ACCEPT INDIVIDUAL LIVESTOCK

13
        THAT HAVE NOT BEEN TESTED FOR BOVINE TUBERCULOSIS PROVIDED THAT

14
        THE HERD OF ORIGIN HAS BEEN TESTED ACCORDING TO REQUIREMENTS OF

15
        THIS ACT OR WHEN OTHER REQUIREMENTS AS DETERMINED BY THE DIRECTOR

16
        HAVE BEEN MET.

17
             (8)  (7)  Aborted fetuses and animals that die in a terminal

18
        operation shall be disposed of in compliance with section 57 of

19
        the Michigan penal code, 1931 PA 328, MCL 750.57, AND 1982

20
        PA 239, MCL 287.651 TO 287.683, regarding burial of dead

21
        animals.

22
             (9)  (8)  If an animal gives birth while in the terminal

23
        operation, both of the following apply:

24
             (a) The offspring are restricted to the terminal operation

25
        and may leave only as described in subsection  (9)  (10).

26
             (b) The newborn animal must be officially identified within

27
        30 days after birth.



   06068'01                                  32

 1
             (10)  (9)  Cattle, PRIVATELY OWNED CERVIDS, and goats shall

 2
        only exit a terminal operation by being transported directly to a

 3
        slaughtering establishment, directly to another registered termi-

 4
        nal operation, or through a livestock auction market for slaugh-

 5
        ter only, or to a veterinary hospital or clinic where the animal

 6
        is not commingled with other animals unless permission is granted

 7
        by the director to move the cattle, PRIVATELY OWNED CERVIDS, or

 8
        goats to another premises.  If cattle, PRIVATELY OWNED CERVIDS,

 9
        or goats exit a terminal operation through a livestock auction

10
        market, the director may request verification that the animals

11
        were sold for slaughter and that the slaughter occurred 5 days

12
        after sale.  Moving directly to a slaughtering establishment or

13
        directly to another registered terminal operation includes stop-

14
        ping at a premises to load other animals being transported to the

15
        slaughtering establishment or terminal operation without unload-

16
        ing any animals.

17
             (11)  (10)  Cattle, PRIVATELY OWNED CERVIDS, and goats in a

18
        terminal operation are exempt from official bovine tuberculosis

19
        testing as required in section 9(14), (16), and (20).

20
             (12)  (11)  A conveyance vehicle used to transport cattle,

21
        PRIVATELY OWNED CERVIDS, and goats from a terminal operation

22
        shall be cleaned and disinfected after use with a disinfectant

23
        applied in accordance with label instructions.

24
             (13)  (12)  The director may inspect any terminal operation

25
        and records of the terminal operation at any reasonable time to

26
        determine whether requirements established by this act are being





   06068'01                                  33

 1
        met.  The director shall make a reasonable attempt to notify the

 2
        owner/operator before any inspection.

 3
             (14)  (13)  Terminal operation records shall include all of

 4
        the following:

 5
             (a) Identification of all cattle, PRIVATELY OWNED CERVIDS,

 6
        and goats.  As used in this subdivision, "identification" means

 7
        official identification, including electronic identification, or

 8
        permanent identification approved and supplied by the director.

 9
             (b) The date cattle, PRIVATELY OWNED CERVIDS, or goats  , or

10
        both,  were added to the terminal operation.

11
             (c) The complete name and address of the person or dealer

12
        from whom the cattle, PRIVATELY OWNED CERVIDS, or goats  , or

13
        both,  were obtained.

14
             (d) The complete street address of the premises from which

15
        the cattle, PRIVATELY OWNED CERVIDS, or goats  , or both,  were

16
        obtained.

17
             (e) The complete name and street address of the slaughter-

18
        house, veterinary hospital or clinic, livestock auction market,

19
        or terminal operation where the cattle, PRIVATELY OWNED CERVIDS,

20
        or goats  , or both,  were sent.

21
             (f) The date the cattle, PRIVATELY OWNED CERVIDS, or goats

22
         , or both,  were removed from the terminal operation.

23
             (15)  (14)  A terminal operation that purchases livestock

24
        from a dealer may provide the department the name of the dealer

25
        in order to fulfill the record requirements imposed under this

26
        section.





   06068'01                                  34

 1
             (16) LIVESTOCK ENTERING TERMINAL OPERATIONS MUST BEAR

 2
        OFFICIAL IDENTIFICATION OR OFFICIAL IDENTIFICATION MUST BE

 3
        APPLIED WITHIN 10 DAYS OF ARRIVAL.

 4
             Sec. 14.  (1) If  it is determined by  the director

 5
        DETERMINES that the control or eradication of a disease or condi-

 6
        tion of livestock warrants  the  entry onto property where live-

 7
        stock or domestic animals are located,  seizure, slaughter,

 8
        destruction, or other disposition of the livestock or domestic

 9
        animals,  the director shall order the entry onto property where

10
        livestock or domestic animals are located  ,  AND AUTHORIZE sei-

11
        zure, slaughter, destruction, or other disposition of  the  indi-

12
        vidual livestock or domestic animals  within  OR the ENTIRE herd,

13
        flock, or school.  or an entire herd, flock, or school.  If the

14
        director has signed an order for the slaughter, destruction, or

15
        other disposition of livestock or domestic animals, the director

16
        shall notify the attorney general and the house and senate appro-

17
        priations committees and the department of management and budget

18
        on the issue of indemnity under this section.  The director may

19
        approve facilities and procedures for the orderly disposal of

20
        animals, animal products, and animal feeds for the purpose of

21
        controlling or preventing the spread of an infectious, conta-

22
        gious, or toxicological disease.  The director may select a site

23
        or method for the disposal with the advice of the director of the

24
        department of environmental quality.

25
             (2) The director may, under rules promulgated by the depart-

26
        ment, allow indemnification for the slaughter, destruction, or

27
        other disposition of livestock or domestic animals due to



   06068'01                                  35

 1
        livestock diseases or toxicological contamination.  If the

 2
        director has signed an order for the slaughter, destruction, or

 3
        other disposition of livestock or domestic animals, the owner may

 4
        apply for indemnification.  The director shall appraise and

 5
        inventory the condemned livestock or domestic animals.  The

 6
        appraisals and inventories shall be on forms approved by the

 7
        director.  The director shall use agricultural pricing informa-

 8
        tion from commercial livestock or domestic animal auction markets

 9
        and other livestock or domestic animal market information as

10
        determined by the director to determine the value of condemned

11
        livestock or domestic animals.

12
             (3) Except as otherwise provided in subsection (5), indemni-

13
        fication for individual livestock or domestic animals within a

14
        herd, flock, or school shall be based upon 100% of the fair

15
        market value of that type of livestock or domestic animal on the

16
        date of the appraisal and marketable for the purpose for which

17
        the livestock or domestic animal was intended, not to exceed

18
        $4,000.00 for each livestock or domestic animal.  The appraisal

19
        determination shall not delay the slaughter, destruction, or dis-

20
        position of the livestock or domestic animals.  The indemnifica-

21
        tion amount under this subsection shall include a deduction for

22
        any compensation received, or to be received, from any other

23
        source including, but not limited to, indemnification by the

24
        United States department of agriculture, insurance, salvage

25
        value, or any monetary value obtained to encourage disposal of

26
        infected or exposed livestock or domestic animals in accordance

27
        with a disease control or eradication program.  The owner shall



   06068'01                                  36

 1
        furnish to the department all records indicating other sources of

 2
        indemnity.  An affidavit signed by the owner attesting to the

 3
        amount of compensation for the livestock received or to be

 4
        received from any other source shall accompany the appraisal cer-

 5
        tificate before indemnification under this section.

 6
             (4) Except as otherwise provided in subsection (5), indemni-

 7
        fication for entire herd, flock, or school depopulations of live-

 8
        stock or domestic animals shall be based upon 100% of the fair

 9
        market value of that type of animal on the date of the appraisal

10
        and marketable for the purpose for which the livestock or domes-

11
        tic animal was intended, not to exceed an average of $4,000.00

12
        per animal in the flock, herd, or school.  The appraisal determi-

13
        nation shall not delay depopulation.  The indemnification amount

14
        under this section shall include a deduction for any compensation

15
        received, or to be received, from any other source including, but

16
        not limited to, indemnification by the United States department

17
        of agriculture, insurance, salvage value, or any monetary value

18
        obtained to encourage disposal of infected or exposed livestock

19
        or domestic animals in accordance with a disease control or erad-

20
        ication program.  The owner shall furnish to the department all

21
        records indicating other sources of indemnity.  An affidavit

22
        signed by the owner attesting to the amount of compensation for

23
        the livestock or domestic animals received, or to be received,

24
        from any other source shall accompany the appraisal certificate

25
        prior to indemnification under this section.

26
             (5) The department may provide for indemnity pursuant to

27
        this section not to exceed $100,000.00 per order, from any line



   06068'01                                  37

 1
        item in the annual budget for the department in the applicable

 2
        fiscal year.  Any agreement greater than $100,000.00 entered into

 3
        between the department and an owner of livestock shall contain a

 4
        provision indicating that, notwithstanding the terms of the

 5
        agreement, indemnification shall be subject to specific appropri-

 6
        ations by the legislature and not be paid from department funds.

 7
             (6) Acceptance of compensation under this act constitutes a

 8
        full and complete release of any claim the owner has against the

 9
        state of Michigan, its departments, agencies, officers, employ-

10
        ees, agents, and contractors to the extent these persons were

11
        acting on behalf of the state, within the scope of their employ-

12
        ment with the state or under the direction of the state, its

13
        departments, agencies, officers, or employees, arising out of

14
        testing, purchase, removal, slaughter, destruction, and other

15
        disposition of the owner's animals.

16
             (7) The right to indemnity from the state for animals con-

17
        demned and ordered slaughtered, destroyed, or otherwise disposed

18
        of by the director applies only to native livestock and native

19
        domestic animals.  Indemnification shall not apply to livestock

20
        or domestic animals determined by the department to be imported

21
        without meeting import requirements such as official interstate

22
        health certificate or official interstate certificate of veteri-

23
        nary inspection, required testing, required vaccination, or for

24
        livestock or domestic animals determined by the department to

25
        have been illegally moved within this state.  An owner is not

26
        entitled to indemnity from the state for an animal that comes

27
        into the possession of the owner with the owner's knowledge that



   06068'01                                  38

 1
        the animal is diseased or is suspected of having been exposed to

 2
        an infectious, contagious, or toxicological disease.  In addi-

 3
        tion, the director shall not indemnify an owner for animals that

 4
        have been exposed to an animal that comes in to the possession of

 5
        the owner with the owner's knowledge that the animal is diseased

 6
        or is suspected of having been exposed to an infectious, conta-

 7
        gious, or toxicological disease.

 8
             (8) A premises that has been depopulated shall be cleaned

 9
        and disinfected as prescribed by the director.

10
             (9) Repopulation of the premises, except as approved by the

11
        director, shall not confer eligibility for future indemnity under

12
        this section.

13
             (10) The department may cooperate and coordinate with the

14
        secretary of the United States department of agriculture or the

15
        secretary's authorized representative or other governmental

16
        departments or agencies regarding indemnification under this

17
        section.

18
             (11) Not less than annually, within 60 days after the close

19
        of the fiscal year, the director shall make a written report to

20
        the standing committees of the house of representatives and

21
        senate having jurisdiction on agricultural and farming issues.

22
        The report will include the following:

23
             (a) The amount expended by the department for bovine tuber-

24
        culosis eradication during the preceding fiscal year.

25
             (b) An explanation of the expenditures made by the depart-

26
        ment for bovine tuberculosis eradication during the preceding

27
        fiscal year.



   06068'01                                  39

 1
             (c) The status of bovine tuberculosis eradication efforts in

 2
        Michigan.

 3
             (12) Not less than annually, within 60 days after the close

 4
        of the fiscal year, the director of the department of natural

 5
        resources shall make a written report to the standing committees

 6
        of the house of representatives and senate having jurisdiction on

 7
        agricultural and farming issues.  The report will include the

 8
        following:

 9
             (a) The amount expended by the department of natural

10
        resources for bovine tuberculosis eradication during the preced-

11
        ing fiscal year.

12
             (b) An explanation of the expenditures made by the depart-

13
        ment of natural resources for bovine tuberculosis eradication

14
        during the preceding fiscal year.

15
             Sec. 16.  (1) Livestock ordered to be slaughtered,

16
        destroyed, or otherwise disposed of by the director because of

17
        tuberculosis shall be branded on the left hip with a letter "T"

18
        not less than 2 inches high, and a tag designated as a reactor

19
        tag by the director shall be placed in the left ear.

20
        Tuberculosis reactor cattle, bison, and goats as defined in

21
        title 9 of the code of federal regulations and the bovine tuber-

22
        culosis eradication:  uniform methods and rules effective

23
        January 22, 1999, approved by veterinary services of the animal

24
        and plant health inspection service of the United States depart-

25
        ment of agriculture, and all amendments to those publications

26
        thereafter adopted pursuant to rules that the director may

27
        promulgate shall also be identified by a permanent and legible



   06068'01                                  40

 1
        tuberculosis tattoo and spray of yellow paint on the left ear.

 2
        The director may refrain from the branding, tattooing, ear paint-

 3
        ing, and reactor tagging if slaughter, destruction, or other dis-

 4
        position of the entire herd is under the director's direct con-

 5
        trol or if individual animals are sent to a diagnostic laboratory

 6
        or to disposal under an official seal and secured transport

 7
        limit.

 8
             (2) Tuberculosis reactor cattle, bison, goats, and privately

 9
        owned cervids as defined in title 9 of the code of federal regu-

10
        lations and the bovine tuberculosis eradication:  uniform methods

11
        and rules effective January 22, 1999, approved by veterinary

12
        services of the animal and plant health inspection service of the

13
        United States department of agriculture, and all amendments to

14
        those publications thereafter adopted pursuant to rules that the

15
        director may promulgate shall remain on the premises where they

16
        were located until a state or federal permit for movement has

17
        been obtained.  Movement for destruction shall be within 15 days

18
        after classification as a reactor.

19
             (3) Livestock ordered to be slaughtered, destroyed, or oth-

20
        erwise disposed of by the director because of brucellosis shall

21
        be branded on the left hip with a letter "B" not less than 2

22
        inches high, and a tag designated as a reactor tag by the direc-

23
        tor shall be placed in the left ear.  An exposed animal in a bru-

24
        cellosis infected or quarantined herd shall be branded on the

25
        left hip with a letter "S" not less than 2 inches high before a

26
        permit shall be issued to slaughter, destroy, or otherwise

27
        dispose of the animal for slaughter.  The director may refrain



   06068'01                                  41

 1
        from the branding and identification if slaughter, destruction,

 2
        or other disposition of the entire herd is under the director's

 3
        direct control, IF ANIMALS ARE MOVED UNDER OFFICIAL SEAL AND

 4
        SECURED TRANSPORT UNIT, or if individual animals are sent to a

 5
        diagnostic laboratory  or to disposal under an official seal and

 6
        secured transport unit  IN A MANNER APPROVED BY THE DIRECTOR.

 7
             (4) Livestock ordered slaughtered, destroyed, or otherwise

 8
        disposed of for infectious, contagious, or toxicological diseases

 9
        other than tuberculosis or brucellosis shall be identified and

10
        slaughtered, destroyed, or otherwise disposed of in a manner

11
        approved by the director.

12
             Sec. 19.  (1) Livestock imported into this state shall meet

13
        any and all requirements under appropriate provisions of this act

14
        and shall be accompanied by 1 of the following:

15
             (a) An official interstate health certificate.

16
             (b) An official interstate certificate of veterinary

17
        inspection.

18
             (c) An owner-shipper statement or sales invoice if consigned

19
        directly to slaughter, or if nonnative neutered cattle imported

20
        directly to a cattle importation lot.

21
             (d) A "report of sales of hatching eggs, chicks, and poults"

22
        (vs form 9-3) for participants in the national poultry improve-

23
        ment plan.

24
             (e) A "permit for movement of restricted animals" (vs form

25
        1-27), if prior approval is granted by the director.

26
             (f) A fish disease inspection report for aquaculture only.





   06068'01                                  42

 1
             (g) Permission from the director.

 2
             (2) Brucellosis or tuberculosis officially classified

 3
        suspect or reactor cattle shall not be imported into this state.

 4
             (3) A person shall not import or move intrastate livestock

 5
        known to be affected with or exposed to  tuberculosis or brucel-

 6
        losis, as determined by an official test,  A REPORTABLE DISEASE

 7
        without permission of the director.

 8
             (4) The director may require that a prior entry permit be

 9
        obtained for certain classifications of livestock.

10
             (5)  It shall be the responsibility of the  ANY PERSON,

11
        consignee,  or  dealer,  to  OR LIVESTOCK MARKET OPERATOR MUST

12
        ensure THAT any testing required under this act,  the  ANY OFFI-

13
        CIAL IDENTIFICATION REQUIRED UNDER THIS ACT, AND ANY requirements

14
        for official interstate or intrastate health certificate, offi-

15
        cial interstate or intrastate certificate of veterinary inspec-

16
        tion, animal movement certificate, owner-shipper statement, sales

17
        invoice, "report of sales of hatching eggs, chicks, and poults"

18
        (vs form 9-3), "permit for movement of restricted animals" (vs

19
        form 1-27), or prior entry permit have been fulfilled BEFORE

20
        ACCEPTING ANY ANIMALS ON SUCH A CERTIFICATE and THAT a true copy

21
        is provided to the director upon request.

22
             (6) Livestock shall not be diverted to premises other than

23
        the destination site named on the official interstate or intra-

24
        state health certificate, official interstate or intrastate cer-

25
        tificate of veterinary inspection, owner-shipper statement, sale

26
        invoice, entry authorization form, exit authorization form, prior

27
        movement form, vs form 9-3, or vs form 1-27.



   06068'01                                  43

 1
             (7)  Out-of-state livestock  LIVESTOCK IMPORTED for

 2
        exhibition shall meet the requirements prescribed by this act for

 3
        importation of breeding animals of that species and shall be

 4
        accompanied by a copy of an official interstate health certifi-

 5
        cate or an official interstate certificate of veterinary inspec-

 6
        tion issued by an accredited veterinarian from the state of

 7
        origin.

 8
             (8) The director may refuse entry into this state of live-

 9
        stock that the director has reason to believe may pose a threat

10
        to the public health or health of livestock.  Livestock imported

11
        into this state shall not originate from a herd under quarantine

12
        unless accompanied by permission issued by the director.  The

13
        director may waive specific requirements if it is determined that

14
        livestock imported from a certain area or state are not a threat

15
        to the public health or health of livestock.

16
             (9) If the director determines that there is a threat to

17
        public health or a threat to the health of animals in this state,

18
        the director may require additional testing and vaccination

19
        requirements for animals imported or to be imported into this

20
        state.

21
             Sec. 22.  (1) If an animal is imported into this state with-

22
        out the required official tests or documents, the director may do

23
        any or all of the following:

24
             (a) Quarantine the animal.

25
             (b) Require that the required tests or documents be per-

26
        formed or obtained at the owner's expense.





   06068'01                                  44

 1
             (c) Require the animal be returned to the state of origin

 2
        within 10 days after such notification.

 3
             (d) Order the slaughter, destruction, or other disposition

 4
        of the livestock, if it is determined by the director that the

 5
        control or eradication of a disease or condition of the livestock

 6
        is warranted.  Livestock determined to be imported without meet-

 7
        ing import requirements are not  subject to indemnification

 8
        ELIGIBLE FOR INDEMNITY.

 9
             (e) Allow a direct movement of the animal or animals to

10
        slaughter by permit.

11
             (f) Allow legal importation into another state.

12
             (2) If the official test result or proof of shipment of the

13
        animal back to the state of origin has not been received within

14
        15 days after notification, the director may order that the

15
        required tests be performed by a department veterinarian, at the

16
        owner's or importer's expense.

17
             Sec. 30a.  (1) Privately owned cervids, except those con-

18
        signed directly to a state or federally inspected slaughter

19
        facility premises, shall not be imported into this state unless

20
        accompanied by an official interstate health certificate or offi-

21
        cial interstate certificate of veterinary inspection.

22
             (2) Privately owned cervids imported into this state shall

23
        be individually identified by an official identification.  The

24
        official identification shall be listed on the official inter-

25
        state health certificate or official interstate certificate of

26
        veterinary inspection.





   06068'01                                  45

 1
             (3) Privately owned cervids 6 months of age or older

 2
        imported into this state, except those consigned directly to a

 3
        state or federally inspected slaughter facility premises, shall

 4
        originate directly from a certified brucellosis-free cervid herd

 5
        as defined in brucellosis in cervidae:  uniform methods and

 6
        rules, effective September 30, 1998, or shall test negative to an

 7
        official test for brucellosis within 30 days before importation.

 8
             (4) Privately owned cervids 1 year of age or older imported

 9
        into this state, except those consigned directly to a state or

10
        federally inspected slaughter facility premises, must comply with

11
        1 of the following before importation:

12
             (a) Originate directly from an official tuberculosis accred-

13
        ited herd as outlined in bovine tuberculosis eradication:  uni-

14
        form methods and rules, effective January 22, 1999, approved by

15
        veterinary services of the animal and plant health inspection

16
        service of the United States department of agriculture, and all

17
        amendments to those publications thereafter adopted pursuant to

18
        rules that the director may promulgate.

19
             (b) Originate directly from an official tuberculosis quali-

20
        fied or monitored herd as outlined in bovine tuberculosis

21
        eradication:  uniform methods and rules, effective January 22,

22
        1999, approved by veterinary services of the animal and plant

23
        health inspection service of the United States department of

24
        agriculture, and all amendments to those publications thereafter

25
        adopted pursuant to rules that the director may promulgate, and

26
        receive an official negative test for tuberculosis within 90 days

27
        before importation.



   06068'01                                  46

 1
             (c) Be isolated from all other animals until  they receive

 2
        IT RECEIVES 2 official negative tuberculosis tests conducted no

 3
        less than 90 days apart, with the first test conducted no more

 4
        than 120 days before importation.  and the second test being

 5
        within 90 days before importation into this state.

 6
             (5) All privately owned cervids less than 1 year of age

 7
        imported into this state, except those consigned directly to a

 8
        state or federally inspected slaughter facility premises, must

 9
        comply with 1 of the following before importation:

10
             (a) Originate directly from an official tuberculosis accred-

11
        ited herd as outlined in bovine tuberculosis eradication:  uni-

12
        form methods and rules, effective January 22, 1999, approved by

13
        veterinary services of the animal and plant health inspection

14
        service of the United States department of agriculture, and all

15
        amendments to those publications thereafter adopted pursuant to

16
        rules that the director may promulgate.

17
             (b) Be born in and originate directly from an official

18
        tuberculosis qualified or monitored herd as outlined in bovine

19
        tuberculosis eradication:  uniform methods and rules, effective

20
        January 22, 1999, approved by veterinary services of the animal

21
        and plant health inspection service of the United States depart-

22
        ment of agriculture, and all amendments to those publications

23
        thereafter adopted pursuant to rules that the director may

24
        promulgate.

25
             (c) Be a purchased addition originating directly from an

26
        official tuberculosis qualified or monitored herd as outlined in

27
        bovine tuberculosis eradication:  uniform methods and rules,



   06068'01                                  47

 1
        effective January 22, 1999, approved by veterinary services of

 2
        the animal and plant health inspection service of the United

 3
        States department of agriculture, and all amendments to those

 4
        publications thereafter adopted pursuant to rules that the direc-

 5
        tor may promulgate, and receive an official negative test for

 6
        tuberculosis within 90 days before importation.

 7
             (d) Be isolated from all other animals until it receives 2

 8
        official negative tuberculosis tests conducted not less than

 9
        90 days apart, with the first test conducted no more than

10
        120 days before importation.  and the second test being within

11
        90 days before importation into this state.

12
             (6) Privately owned cervids with a response other than nega-

13
        tive to any tuberculosis test or brucellosis test are not eligi-

14
        ble for interstate movement into this state without permission

15
        from the director.

16
             (7) Privately owned cervids known to be affected with or

17
        exposed to tuberculosis or brucellosis are not eligible for

18
        interstate movement into this state without permission from the

19
        director.

20
             Sec. 30b.  (1) All live privately owned cervids moving from

21
        1 premises to another premises within this state shall be offi-

22
        cially identified with an identification approved by the

23
        director.

24
             (2) All live privately owned cervids 6 months of age or

25
        older moving from 1 premises to another premises within this

26
        state, except those consigned directly to a state or federally





   06068'01                                  48

 1
        inspected slaughter facility premises, shall comply with 1 of the

 2
        following:

 3
             (a) Originate directly from an official tuberculosis accred-

 4
        ited, qualified, or monitored herd as outlined in bovine tubercu-

 5
        losis eradication:  uniform methods and rules, effective

 6
        January 22, 1999, approved by veterinary services of the animal

 7
        and plant health inspection service of the United States depart-

 8
        ment of agriculture, and all amendments to those publications

 9
        thereafter adopted pursuant to rules that the director may

10
        promulgate, and be accompanied by a copy of the current official

11
        letter from the Michigan department of agriculture verifying herd

12
        status.

13
             (b) Originate directly from a herd that has received an

14
        official negative tuberculosis test of all privately owned cer-

15
        vids 12 months of age or older and all cattle and goats 6 months

16
        of age and older in contact with the herd within 24 months before

17
        movement.

18
             (c) Originate directly from a herd that has received an

19
        official negative tuberculosis test of all privately owned cer-

20
        vids 12 months of age or older and all cattle and goats 6 months

21
        of age or older in contact with the herd more than 24 months

22
        before movement, receive an individual negative official test for

23
        tuberculosis within 90 days before movement, and be accompanied

24
        by a copy of the official tests for tuberculosis verifying that

25
        testing.

26
             (d) Be isolated from all other  members of the herd and

27
        receive  ANIMALS UNTIL IT RECEIVES 2 official negative



   06068'01                                  49

 1
        TUBERCULOSIS tests  for tuberculosis at 90- to 120-day intervals

 2
        before movement and be accompanied by copies of the official

 3
        tests for tuberculosis verifying that testing.  The second nega-

 4
        tive test shall be within 90  CONDUCTED NOT LESS THAN 90 DAYS

 5
        APART, WITH THE FIRST TEST CONDUCTED NOT MORE THAN 120 days

 6
        before movement.

 7
             (3) All live privately owned cervids less than 6 months of

 8
        age moving from 1 premises to another premises within this state,

 9
        except those consigned directly to a state or federally inspected

10
        slaughter facility premises, must comply with 1 of the

11
        following:

12
             (a) Originate directly from an official tuberculosis accred-

13
        ited, qualified, or monitored herd as outlined in bovine tubercu-

14
        losis eradication:  uniform methods and rules, effective

15
        January 22, 1999, approved by veterinary services of the animal

16
        and plant health inspection service of the United States depart-

17
        ment of agriculture, and all amendments to those publications

18
        thereafter adopted pursuant to rules that the director may

19
        promulgate, be identified by an official identification, and be

20
        accompanied by a copy of the current official letter from the

21
        Michigan department of agriculture verifying the herd status.

22
             (b) Originate directly from a herd that has received an

23
        official negative tuberculosis test of all privately owned cer-

24
        vids 12 months of age or older and all cattle and goats 6 months

25
        of age and older in contact with the herd within 24 months before

26
        movement.





   06068'01                                  50

 1
             (c) Originate directly from a herd that has received an

 2
        official negative tuberculosis test of all privately owned

 3
        cervids 12 months of age or older and all cattle and goats

 4
        6 months of age or older in contact with the herd more than

 5
        24 months before movement and be accompanied by an official

 6
        permit for movement of privately owned cervids less than 6 months

 7
        of age within Michigan or an official interstate health certifi-

 8
        cate issued by an accredited veterinarian, and remain at the

 9
        destination stated on the permit or official interstate health

10
        certificate until it receives an official negative tuberculosis

11
        test when it reaches 6 months of age, but not more than 8 months

12
        of age.  For purposes of this section, the age of the privately

13
        owned cervids shall be determined by the age placed on the offi-

14
        cial permit for movement of privately owned cervids less than

15
        6 months of age in Michigan or the official interstate health

16
        certificate issued by the accredited veterinarian.  A copy of the

17
        official test for tuberculosis and a copy of the official permit

18
        for movement of privately owned cervids less than 6 months of age

19
        within Michigan or the official interstate health certificate

20
        shall be forwarded to the department within 10 days following

21
        completion of the testing.

22
             (4) Privately owned cervids with a response other than nega-

23
        tive to any tuberculosis test are not eligible for intrastate

24
        movement without permission from the director.

25
             (5) Privately owned cervids known to be affected with or

26
        exposed to tuberculosis shall not be moved intrastate without

27
        permission from the director.



   06068'01                                  51

 1
             (6) The department shall keep a current database on

 2
        privately owned cervids premises in this state.  The database

 3
        shall include the owner's name, the owner's current address,

 4
        location of privately owned cervids, species of privately owned

 5
        cervids at the premises, and the approximate number of privately

 6
        owned cervids at the premises.

 7
             Sec. 33.  (1) Livestock sold at a livestock auction market

 8
        shall be handled and housed in facilities and pens in a manner

 9
        approved by the director.  The alleys and sale rings used for

10
        livestock auction shall be appropriately cleaned and disinfected

11
        before each day's sale.  The pens, facilities, and the procedures

12
        for cleaning and disinfecting shall be approved by the director.

13
             (2) All cattle, bison, goats, and privately owned cervids

14
        presented at any livestock auction market in Michigan shall be

15
        identified as required in the bovine tuberculosis eradication:

16
        uniform methods and rules, effective January  22, 1999, and

17
        approved by veterinary services of the animal and plant health

18
        inspection service of the United States department of agricul-

19
        ture, and all amendments to those publications thereafter adopted

20
        pursuant to rules that the director may promulgate.

21
             (3) Cattle, bison, goats, and privately owned cervids that

22
        are marketed for immediate slaughter shall be identified by offi-

23
        cial ear tag, sale tag, or official back tag in a manner designed

24
        to trace the animals to the premises of origin.

25
             (4) CATTLE, BISON, GOATS, AND PRIVATELY OWNED CERVIDS CON-

26
        SIGNED FOR SLAUGHTER OR THAT DO NOT MEET INTRASTATE TESTING

27
        REQUIREMENTS FOR MOVEMENT FROM 1 PREMISES TO ANOTHER SHALL BE



   06068'01                                  52

 1
        SOLD FOR SLAUGHTER ONLY AND BE MOVED DIRECTLY TO SLAUGHTER.

 2
        LIVESTOCK AUCTION MARKETS OR SALE YARD MANAGEMENT SHALL NOT SELL

 3
        LIVESTOCK TO ANY BUYER THAT DOES NOT CERTIFY IN A SIGNED STATE-

 4
        MENT THAT SUCH ANIMALS REMOVED FROM THE PREMISES SHALL BE MOVED

 5
        DIRECTLY TO A SLAUGHTER ESTABLISHMENT AND SLAUGHTERED WITHIN 5

 6
        DAYS AFTER MOVEMENT.  BEFORE ANIMALS ARE REMOVED BY THE BUYER,

 7
        SALE MANAGEMENT SHALL REQUIRE THAT THE BUYER PROVIDE THE SLAUGH-

 8
        TER DESTINATION INFORMATION FOR EACH ANIMAL REMOVED FROM THE

 9
        PREMISES.

10
             Sec. 44.  (1) A person who commits 1 or more of the follow-

11
        ing is guilty of a felony punishable by a fine of not less than

12
        $1,000.00 and not more than $50,000.00, or imprisonment of not

13
        more than 5 years, or both, and shall not receive any indemnifi-

14
        cation payments at the discretion of the director:

15
             (a) Intentionally contaminating or exposing livestock to an

16
        infectious, contagious, or toxicological disease for the purpose

17
        of receiving indemnification from the state or causing the state

18
        to destroy affected livestock.

19
             (b) Intentionally making a false statement on an application

20
        for indemnification or reimbursement from the state.

21
             (c) Intentionally violating a condition of quarantine autho-

22
        rized under section 12 or movement restrictions and other

23
        requirements authorized under section 9.

24
             (d) Intentionally importing into this state, without permis-

25
        sion from the director, diseased livestock or livestock exposed

26
        to an infectious, contagious, or toxicological disease.





   06068'01                                  53

 1
             (e) Intentionally misrepresenting the health, medical

 2
        status, or prior treatment for an infectious, contagious, or

 3
        toxicological disease of livestock to facilitate movement or

 4
        transfer of ownership to another person.

 5
             (F) INTENTIONALLY INFECTING OR CONTAMINATING AN ANIMAL WITH,

 6
        OR INTENTIONALLY EXPOSING AN ANIMAL TO, A REPORTABLE DISEASE

 7
        OTHER THAN FOR BONA FIDE RESEARCH AS APPROVED BY A RESEARCH

 8
        INSTITUTION LICENSED BY THE STATE OF MICHIGAN OR A FEDERAL

 9
        AGENCY.

10
             (2) Except as otherwise provided under subsections (1) and

11
        (2), a person who violates this act, a rule promulgated under

12
        this act, a quarantine authorized under section 12, or movement

13
        restrictions and other requirements authorized under section 9 is

14
        guilty of a misdemeanor, punishable by a fine of not less than

15
        $300.00 or imprisonment of not less than 30 days, or both.

16
             (3) The court may allow the department to recover reasonable

17
        costs and attorney fees incurred in a prosecution resulting in a

18
        conviction for a violation of subsections (1) and (2).  Costs

19
        assessed and recovered under this subsection shall be paid to the

20
        state treasury and credited to the department for the enforcement

21
        of this act.

22
             (4) Except as otherwise provided in subsection (1), the

23
        director, upon finding that a person has violated this act, a

24
        rule promulgated under this act, a quarantine authorized under

25
        section 12, or movement restrictions and other requirements

26
        authorized under section 9, may do the following:





   06068'01                                  54

 1
             (a) Issue a warning.

 2
             (b) Impose an administrative fine of not more than $1,000.00

 3
        for each violation after notice and an opportunity for a hearing

 4
        pursuant to the administrative procedures act of 1969, 1969

 5
        PA 306, MCL 24.201 to 24.328.

 6
             (c) Issue an appearance ticket as described and authorized

 7
        by sections 9a to 9g of chapter 4 of the code of criminal proce-

 8
        dure, 1927 PA 175, MCL 764.9a to 764.9g, with a fine of not less

 9
        than $300.00 or imprisonment of not less than 30 days, or both.

10
             (5) The director shall advise the attorney general of the

11
        failure of any person to pay an administrative or civil fine

12
        imposed under this section.  The attorney general shall bring a

13
        civil action in a court of competent jurisdiction to recover the

14
        fine and costs and fees including attorney fees.  Civil penalties

15
        and administrative fines collected shall be paid to the state

16
        treasury.

17
             (6) The remedies and sanctions under this act are indepen-

18
        dent and cumulative.  The use of a remedy or sanction under this

19
        act does not bar other lawful remedies and sanctions and does not

20
        limit criminal or civil liability.  Notwithstanding the provi-

21
        sions of this act, the department may bring an action to do 1 or

22
        more of the following:

23
             (a) Obtain a declaratory judgment that a method, act, or

24
        practice is a violation of this act.

25
             (b) Obtain an injunction against a person who is engaging,

26
        or about to engage, in a method, act, or practice that violates

27
        this act.



   06068'01                                  55

 1
             Enacting section 1.  Section 43a of the animal industry act,

 2
        1988 PA 466, MCL 287.743a, is repealed.




















































   06068'01          Final page.                            LBO