Chapter 287

ANIMAL INDUSTRY
ANIMAL INDUSTRY
Act 181 of 1919
287.1-287.26a Repealed. 1977, Act 69, Imd. Eff. July 20, 1977;—Expired, 1980, Act 203, Eff. Oct. 1, 1983;—Repealed, 1988, Act 466, Eff. Mar. 28, 1989.

VETERINARY MEDICINE, DENTISTRY, AND SURGERY
Act 244 of 1907
287.51-287.65 Repealed. 1956, Act 152, Eff. Aug. 11, 1956.

DISPOSAL OF LIVESTOCK OR LIVESTOCK PRODUCTS
Act 181 of 1974
287.71-287.77 Repealed. 1978, Act 350, Imd. Eff. July 12, 1978;—2000, Act 433, Imd. Eff. Jan. 9, 2000.

TUBERCULOSIS IN LIVESTOCK
Act 304 of 1931
287.81 Repealed. 1984, Act 161, Imd. Eff. June 27, 1984.

TEXAS CATTLE
Act 198 of 1885
287.91-287.95 Repealed. 1984, Act 161, Imd. Eff. June 27, 1984.

HORSES AND MULES
Act 62 of 1931
287.101-287.106 Repealed. 1974, Act 31, Eff. Apr. 1, 1975.

HORSE RIDING STABLES AND SALES BARNS
Act 93 of 1974
AN ACT to license and regulate horse riding stables and sales barns; to prescribe the duties of the department of agriculture; and to provide a penalty.

History: 1974, Act 93, Imd. Eff. Apr. 25, 1974

The People of the State of Michigan enact:

287.111 Definitions.

Sec. 1.

As used in this act:

(a) "Department" means the department of agriculture.

(b) "Riding stable" means any establishment in which, for business purposes, 6 or more horses or ponies are rented, hired, or loaned for riding.

History: 1974, Act 93, Imd. Eff. Apr. 25, 1974

287.112 License required to own or operate riding stable or sales barn; enforcement; rules; agents; exemption of certain horse auction sales.

Sec. 2.

A person, firm, or corporation shall not own or operate a riding stable or sales barn without first having obtained a license under this act. The department shall enforce this act and shall promulgate rules therefor in accordance with and subject to Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws. The department may designate veterinarians, qualified agents of humane societies, and other qualified persons to serve as its agents in carrying out duties imposed under this act. Horse auction sales presently licensed under Act No. 284 of the Public Acts of 1937, as amended, being sections 287.121 to 287.131 of the Michigan Compiled Laws, are exempt from the provisions of this act.

History: 1974, Act 93, Imd. Eff. Apr. 25, 1974
Admin Rule: R 285.154.1 et seq. of the Michigan Administrative Code.

287.113 Application for license; qualifications of applicant; investigation and information; fee; display of license; separate license for each business location; license nontransferable; expiration and renewal of license; renewal fee; deposit.

Sec. 3.

(1) The department shall require an applicant for license to furnish information it considers necessary to determine that the applicant is of good reputation and character, adequately financed to carry out the business that it intends to pursue, and sufficiently knowledgeable in the business. The department may conduct further investigation and require further information that it considers necessary to establish the sufficiency of the application.

(2) Upon filing an application, the applicant shall pay a fee of $100.00 for each license until September 30, 2012 and $25.00 for each license after September 30, 2012.

(3) The license shall be displayed prominently in the licensee's place of business. An applicant shall obtain a separate license for each business location. Licenses are not transferable and expire on the following January 1.

(4) A licensee may renew his or her license upon paying a renewal fee of $50.00 until September 30, 2012 and $25.00 after September 30, 2012.

(5) The department shall deposit administrative and noncriminal fines received under this act and license fees and other administrative fees received under this section in the agriculture licensing and inspection fees fund created in section 9 of the insect pest and plant disease act, 1931 PA 189, MCL 286.209, to be used, pursuant to appropriation, by the director in administering and carrying out those duties required by law under this act.

History: 1974, Act 93, Imd. Eff. Apr. 25, 1974 ;-- Am. 2003, Act 86, Imd. Eff. July 23, 2003 ;-- Am. 2007, Act 80, Imd. Eff. Sept. 30, 2007

287.114 Inspections and investigations.

Sec. 4.

The department shall conduct random inspections of the premises of all licensees under this act. The department, pursuant to complaints or on its own initiative, shall investigate to determine whether a riding stable or sales barn is being operated without a license.

History: 1974, Act 93, Imd. Eff. Apr. 25, 1974

287.115 Records of horses or ponies.

Sec. 5.

A licensee shall maintain current records of each horse or pony owned or kept by him, including the name and address of the supplier or seller, the date the horse or pony was acquired, the age, sex, breed, and color with markings, and a description of any physical defects. The records shall be kept for a period of 2 years after the horse is no longer owned or kept by the licensee. The records shall be made available to the department, or its authorized representative, at all reasonable hours.

History: 1974, Act 93, Imd. Eff. Apr. 25, 1974

287.116 Suspension, revocation, or denial of license; grounds.

Sec. 6.

The department may suspend, revoke, or deny the issuance of a license for any of the following reasons:

(a) The failure to provide suitable shelter, food, and water for horses or ponies.

(b) The maintenance of an unsanitary or unfit riding stable or sales barn.

(c) The failure to provide suitable harnesses, saddles, bridles, and other equipment reasonably necessary under the circumstances.

(d) The use of unfit horses for riding or driving purposes.

(e) The commission of an act of cruelty or torture or the inflicting of unnecessary pain upon a horse or pony, whether by the licensee or by his agent or employee.

(f) The supplying of false information to the department, the refusal to permit inspection or furnish records upon request, or otherwise obstructing the department in the performance of its duties.

History: 1974, Act 93, Imd. Eff. Apr. 25, 1974

287.117 Removal and disposition of abused or neglected horses or ponies; notice; no liability for removal; prerequisite to return of horses or ponies.

Sec. 7.

(1) The department may order the removal of horses or ponies from any riding stable where it finds that the horses or ponies have been abused or neglected. The department may place the horses or ponies in a facility which it maintains or in a licensed establishment at the cost of the violator. The department shall notify the violator personally or by certified mail at his last known address of the removal of the horses or ponies and the place where they will be kept. The department or its authorized agent is not liable for the removal of the horses or ponies. The horses or ponies shall not be returned to the violator until the department is satisfied that the objectionable conditions have been or will be corrected.

(2) The department may order the removal of horses or ponies from any sales barn where it finds that the horses or ponies have been abused or neglected. The horses or ponies shall be returned to their owners. The expenses of the removal and return shall be borne by the violator. The department shall notify the violator personally or by certified mail at his last known address of the removal. The department or its authorized agent shall not be liable for the removal of the horses or ponies.

History: 1974, Act 93, Imd. Eff. Apr. 25, 1974

287.118 Violation; penalty.

Sec. 8.

A person who violates this act is guilty of a misdemeanor and shall be fined not more than $1,000.00 or imprisoned for not more than 1 year, or both.

History: 1974, Act 93, Imd. Eff. Apr. 25, 1974

287.119 Mistreatment of rented horse; penalty.

Sec. 9.

Any patron of a riding stable who mistreats a rented horse shall be guilty of a misdemeanor.

History: 1974, Act 93, Imd. Eff. Apr. 25, 1974

LICENSING LIVESTOCK DEALERS
Act 284 of 1937
AN ACT to prevent the spread of infectious and contagious diseases of livestock; to require persons, associations, partnerships and corporations engaged in the buying, receiving, selling, transporting, exchanging, negotiating, or soliciting sale, resale, exchange or transportation of livestock to be licensed and bonded by the department of agriculture; to keep a producers' proceeds account; to provide for the refusal, suspension or revocation of such licenses; to provide for weighmasters; to provide for the inspection and disinfection of yards, premises and vehicles; and to provide penalties for the violation of this act.

History: 1937, Act 284, Imd. Eff. July 23, 1937 ;-- Am. 1945, Act 237, Eff. Sept. 6, 1945 ;-- Am. 1957, Act 290, Eff. Sept. 27, 1957

The People of the State of Michigan enact:

287.121 Definitions.

Sec. 1.

As used in this act:

(a) "Agent" means a person that buys, receives, sells, exchanges, negotiates, or solicits the sale, resale, exchange, or transfer of 1 or more animals for or on behalf of another person.

(b) "Animals" or "livestock" includes horses, ponies, mules, cattle, calves, swine, sheep, poultry, privately owned cervids, ratites, aquaculture species, and goats.

(c) "Aquaculture species" means aquatic animal organisms, including, but not limited to, fish, crustaceans, mollusks, reptiles, or amphibians, reared or cultured under controlled conditions for commercial aquaculture or the pet trade. Aquaculture species does not include aquatic animal organisms under the authority of the department of natural resources.

(d) "Buying station" means a facility or location where livestock are congregated and purchased by the owner or agent of the facility or location for movement or sale. Buying station does not include a livestock auction.

(e) "Collection point" means a facility or location where livestock are congregated by the owner or agent of the facility or location for transfer or movement. Collection point does not include a livestock auction.

(f) "Consignment sale" means a sale in which livestock are transferred to an agent for sale, but ownership is retained until the animals are sold.

(g) "Dealer" or "broker" means a person that, as a principal or agent, engages in the business of buying, receiving, selling, exchanging, buying for slaughter, negotiating, or soliciting sale, resale, exchange, transportation, or transfer of animals. Dealer or broker does not include any of the following:

(i) A railroad or airline transporting animals either interstate or intrastate.

(ii) A person that, by dispersal sale, is permanently discontinuing the business of farming, dairying, breeding, or feeding animals.

(iii) A person that sells livestock that have been raised on the premises of the person.

(iv) A butcher, packer, or processor to whom animals are delivered and used exclusively for slaughter.

(v) A person with respect to that part of his or her business that consists of buying or receiving animals for breeding, grazing, and feeding purposes and the sale or disposal of the animals after the feeding or grazing period of not less than 21 days.

(vi) Occasionally held consignment sales sponsored and conducted by a breed association, 4-H, or F.F.A. group, county fair, or youth fair.

(vii) Other persons subject to exemptions approved by the director.

(h) "Department" means the department of agriculture and rural development.

(i) "Director" means the director of the department or his or her authorized representative.

(j) "Licensee" means a person holding a license issued under this act.

(k) "Livestock auction" means a livestock congregation point where livestock are accepted on consignment and the auction method is used in the marketing of livestock. Livestock auction does not include a public auction of farm goods.

(l) "Livestock trucker" means a person, not otherwise licensed under this act, that engages in the business of transporting livestock not owned by the person, or the person's employer, from 1 premises to another. A person is not a livestock trucker solely because the person is engaged in 1 or more of the following activities:

(i) Hauling livestock on an occasional basis for persons participating in a livestock exhibition, fair, trail ride, youth livestock event, or similar activity.

(ii) Hauling livestock on an incidental basis in connection with another business, such as a veterinary practice or a stable operation, which is operated by that person and which does not ordinarily involve the sale of livestock.

(iii) Hauling livestock for another person fewer than 6 times within the preceding 12 months.

(m) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.

(n) "Weighmaster" means a person registered under this act that weighs livestock at a livestock auction licensed under this act.

History: 1937, Act 284, Imd. Eff. July 23, 1937 ;-- Am. 1945, Act 237, Eff. Sept. 6, 1945 ;-- CL 1948, 287.121 ;-- Am. 1957, Act 290, Eff. Sept. 27, 1957 ;-- Am. 2012, Act 317, Imd. Eff. Oct. 1, 2012

287.122 Dealer, broker, agent, or livestock trucker; license required.

Sec. 2.

A dealer, broker, agent, or livestock trucker shall not engage in or carry on the business of buying, receiving, selling, exchanging, transporting, negotiating, or soliciting the sale, resale, exchange, transportation, or transfer of any animals within the state unless the person is licensed as provided in this act. A dealer, broker, agent, or livestock trucker is responsible for acts performed or contracts made by any person employed by the dealer, broker, agent, or livestock trucker in buying, receiving, selling, exchanging, transporting, negotiating, or soliciting the sale, resale, exchange, transportation, or transfer of livestock.

History: 1937, Act 284, Imd. Eff. July 23, 1937 ;-- Am. 1945, Act 237, Eff. Sept. 6, 1945 ;-- CL 1948, 287.122 ;-- Am. 2012, Act 317, Imd. Eff. Oct. 1, 2012

287.123 Licensing of dealer, broker, agent, or livestock trucker; operator of livestock auction, buying station, or collection point; application; contents; fees; deposit of fines; weighmasters; receipt of completed application; issuance of license within certain time period; bond; license to transport required; "completed application" defined; waiver of fee.

Sec. 3.

(1) A person that wants to obtain a license under this act to act as a dealer, broker, agent, or livestock trucker, or to operate a livestock auction, buying station, or collection point shall submit to the department an application for a license. The application must state the nature of the business, the post office address of the applicant, the post office address at or from which the business is to be conducted, and any additional contact information. If the applicant desires to operate a livestock yard where livestock are kept and sold at public or private sale, the application must include that information. The application must include additional information as requested by the director.

(2) Except as otherwise provided in this section, until October 1, 2027, the department shall charge the following nonrefundable fees for initial and renewal license applications:

(a)	Class I (livestock auction operator)............	$	400.00.
(b)	Class II (buying station operator)..............	$	250.00.
(c)	Class III (dealer/broker/agent/collection point operator).......................................	$	50.00.
(d)	Class IV (livestock trucker)....................	$	25.00.

(3) Each class of license listed in subsection (2) allows a person to operate at all classes listed below that class without requiring additional licensing. The licensee shall provide to the department a list of all individuals employed by and operating in license classes under the individual's license.

(4) For each renewal application postmarked or delivered after October 1 of each year, a late fee of $10.00 must be imposed for each business day the application is late. The late fee for a new application submitted after a person is operating as a class I, II, III, or IV operation as described in subsection (2) is $10.00 per business day the application is late. The total late fee must not exceed $100.00.

(5) The department shall deposit administrative and noncriminal fines received under this act and license or other administrative fees received under this section into the agriculture licensing and inspection fees fund created in section 9 of the insect pest and plant disease act, 1931 PA 189, MCL 286.209, to be used, on appropriation, by the department in administering and carrying out its duties under this act.

(6) A licensee that buys or sells livestock by weight shall employ a weighmaster to do all of the weighing. The department shall establish the duties, qualifications, and requirements for registration of weighmasters in the rules promulgated under section 9.

(7) The department must issue an initial or renewal license under this section not later than 60 days after the applicant submits a completed application. Receipt of the application is considered the date the application is received by the department. If the department considers the application incomplete, the department shall notify the applicant in writing or electronically, within 30 days after receipt of the incomplete application, describing the deficiency and requesting the additional information. The 60-day period is tolled on notification by the department of a deficiency until the date the requested information is received by the department. A determination of completeness does not operate as an approval of the application for the license and does not confer eligibility of an applicant determined otherwise ineligible for issuance of a license.

(8) If the department fails to issue or deny a license within the time required by this section, the department shall return the license fee and reduce the license fee for the applicant's next renewal application, if any, by 15%. The failure to issue a license within the time required under this subsection does not allow the department to otherwise delay the processing of the application, and that application, on completion, must be placed in sequence with other completed applications received at that same time. The department shall not discriminate against an applicant in the processing of the application based on the fact that the license fee was refunded or discounted under this subsection.

(9) An application for a license or the renewal of a license, and proof of bonding or other security requirements, must be submitted to the director on or before October 1 of each year. A license issued under this section is valid for a period of 1 year commencing October 1 and ending the following September 30.

(10) A person that operates a livestock auction or buying station must file, with the application for a license, a surety bond effective during the period for which the license is issued or other security. The surety bond must be issued by a surety company registered in this state to indemnify persons from whom livestock is purchased or for whom livestock is sold. The surety bond or other security must be in the amount, form, and sufficiency approved by the director. The amount of the bond or other security must be equal to the amount of gross dollar volume of livestock business conducted during the average week of the previous licensing year by the applicant, but must not be less than $1,500.00. If the average gross weekly livestock business conducted by the applicant during the previous licensing year was greater than $25,000.00, the bond must be increased above $25,000.00, at the rate of $1,000.00 for each $5,000.00 or part thereof above $25,000.00 of average gross dollar volume of weekly livestock business conducted during the previous year. A licensee who owns or operates more than 1 livestock auction or buying station may file 1 bond in an amount determined by the formula described in this subsection. A licensee that operates a livestock auction or buying station who has filed a surety bond for the livestock auction or buying station and indemnifies persons from whom livestock is purchased or for whom livestock is sold in accordance with the terms of any federal act is exempt from the bonding requirements of this subsection if the bond is equivalent in amount to that which would be required by this act. The department shall be the obligee on the bond for the benefit and purpose of protecting all persons selling or consigning livestock to the licensee against the licensee's failure to pay amounts due on livestock purchased by or consigned to them.

(11) A licensee shall keep records and furnish, on request, information concerning the licensee's purchases and sales as may be required by the director for the purpose of establishing the amount of bond required under subsection (10). The director, in establishing the amount of the bond, shall take into consideration the dollar volume of livestock business and other information furnished by the licensee. If a licensee did not operate a livestock auction the previous licensing year, the bond must be for an amount established by the director after consideration of all information available on the probable weekly gross dollar volume of business to be conducted by the licensee during the licensing year.

(12) If during a licensing year the bond filed by a licensee becomes less than required by this act because of an increase in gross dollar volume of livestock sales, or because of a claim outside this state, the director may issue an order requiring the licensee to file an additional bond to cover the increase in gross dollar volume of livestock sales. Failure to comply with the orders of the director is grounds for suspension or revocation of license. A bond or other security must be conditioned on the faithful performance of the licensee's duties as a dealer or broker and on the provisions of law relating to the purchase of livestock by the licensee and for the payment by the licensee of all livestock purchased by or consigned to the licensee as a dealer or broker in livestock. If a bond or other security required under this act is canceled, the license that is approved under that bond or other security is considered immediately suspended without notice. An opportunity for a hearing must be provided to the licensee under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(13) A licensee bonded as required under this act must submit a notice to the department not later than 60 days before canceling a bond.

(14) A license issued under this section allows the holder to conduct the business of dealer or broker at or from the place named in the application. A person engaged in the business of transporting livestock or negotiating or soliciting the transportation or transfer of livestock that is not engaged in the buying, selling, reselling, exchanging, negotiating, or soliciting the sale, resale, or exchange of livestock must obtain a license under this section but is not required to comply with the bonding or other security provisions of this section.

(15) A dealer, broker, livestock trucker, or agent shall notify the director of a change of address within 5 days after that change.

(16) A licensee shall report to the director a change in ownership of a livestock auction within 5 days of that change.

(17) A dealer or broker shall file with the director on January 1 of each year a sworn statement of average weekly sales and a statement showing the number and species of livestock purchased and sold during the previous year.

(18) As used in this section, "completed application" means an application complete on its face and submitted with the applicable licensing fees as well as any other information, records, approval, security, or similar item required by law or rule of a local unit of government, a federal agency, or a private entity but not of another department or agency of this state.

(19) Notwithstanding any other provision of this section, the department shall waive any fee otherwise required under subsection (2)(c) or (d) if the individual responsible for paying the fee is, and provides proof satisfactory to the department that the individual is, an honorably discharged veteran of the Armed Forces of the United States.

History: 1937, Act 284, Imd. Eff. July 23, 1937 ;-- Am. 1945, Act 237, Eff. Sept. 6, 1945 ;-- CL 1948, 287.123 ;-- Am. 1949, Act 239, Eff. Sept. 23, 1949 ;-- Am. 1957, Act 290, Eff. Sept. 27, 1957 ;-- Am. 2003, Act 85, Imd. Eff. July 23, 2003 ;-- Am. 2004, Act 279, Imd. Eff. July 23, 2004 ;-- Am. 2007, Act 81, Imd. Eff. Sept. 30, 2007 ;-- Am. 2012, Act 317, Imd. Eff. Oct. 1, 2012 ;-- Am. 2015, Act 69, Imd. Eff. June 11, 2015 ;-- Am. 2019, Act 86, Imd. Eff. Sept. 30, 2019 ;-- Am. 2023, Act 128, Imd. Eff. Sept. 29, 2023

287.123a Livestock auction or buying station; bond, producers' proceeds account, deposits; record of charges.

Sec. 3a.

Each licensee operating a livestock auction or buying station, in addition to providing a bond as required by this act, shall maintain a "producers' proceeds account". Within 7 calendar days following each livestock auction, the licensee shall deposit in the producers' proceeds account funds equal to the total amount of money due the livestock sellers or consignors of livestock sold or consigned through the livestock auction. Failure to make such deposits in their entirety is a violation of this section. The director shall audit from time to time the producers' proceeds account and ascertain whether the provisions of this section are being complied with. All records of the licensee shall be made available to the director for the purposes of auditing the account. The entire sale price of livestock sold through the auction less commissions, handling charges, service fees and other accepted charges shall be placed in the producers' proceeds account and shall be used to pay the seller or consignor for the livestock and for no other purpose. A record of the commissions, handling charges, service fees and other charges shall be maintained by the licensee and shall be provided to the seller or consignor of the livestock at the completion of the sale.

History: Add. 1957, Act 290, Eff. Sept. 27, 1957 ;-- Am. 2012, Act 317, Imd. Eff. Oct. 1, 2012

287.124 Refusal, suspension, or revocation of license; hearing; notice, decision; appeal; causes for refusal, suspension, or revocation.

Sec. 4.

If a person fails or refuses to comply with this act, the department may refuse to issue a license or may suspend or revoke the license held by the licensee. Before refusing, suspending, or revoking the license, the department shall give written notice of a hearing to be had thereon to the licensee affected. The notice shall appoint a time of hearing at the department and shall be mailed by certified or registered mail to the licensee. On the day of the hearing, the licensee may present evidence to the director as he or she considers appropriate regarding the violations charged, and after the hearing the director shall render a decision. A licensee who feels aggrieved at the decision of the director may appeal the decision within 10 days to the circuit court of the county where the licensee resides. The following reasons are cause for refusal to issue a license or for the suspension or revocation of a license:

(a) The applicant or licensee has failed to pay in full any amounts due on livestock purchased, or has violated the laws of the state or rules promulgated by the director governing the interstate or intrastate movement, shipment, or transportation of animals.

(b) There have been intentionally false or misleading statements to the purchaser concerning the identity or the physical condition of an animal, any test intended to establish the health status of an animal; or as to the ownership of an animal, the quantity of animals, or other matter in connection with the buying, receiving, selling, exchanging, soliciting, or negotiating the sale, resale, exchange, transport, transfer, weighing, or shipment of animals.

(c) The licensee has engaged in buying or receiving animals, or receiving, selling, exchanging, soliciting, or negotiating the sale, resale, exchange, transport, or transfer of animals that do not comply with official identification, testing, permitting, or intrastate or interstate animal movement requirements under the animal industry act, 1988 PA 466, MCL 287.701 to 287.746.

(d) The licensee has failed to practice measures of sanitation, disinfection, dead animal disposal as required in 1982 PA 239, MCL 287.651 to 287.683, bodies of dead animals, animal handling, or inspection as required by this act, related to the premises or vehicles used for the stabling or transportation of animals.

(e) There has been a failure or refusal on the part of the licensee, upon the request of the department, to produce records required under this act.

History: 1937, Act 284, Imd. Eff. July 23, 1937 ;-- CL 1948, 287.124 ;-- Am. 1957, Act 290, Eff. Sept. 27, 1957 ;-- Am. 2012, Act 317, Imd. Eff. Oct. 1, 2012

287.125 Dealer, broker, livestock trucker, or agent; license; place of keeping license.

Sec. 5.

Every dealer, broker, livestock trucker, or agent licensed under this act and carrying on or conducting business under the license shall at all times keep in or at the place of business or in each vehicle used by the licensee for the purpose of transporting livestock a copy of the license for inspection by any representative of the department, sheriff, undersheriff, deputy sheriff, state police or any other law enforcing agency. Each person licensed under this act that utilizes a vehicle, trailer, or other conveyance for the purpose of transporting livestock shall place and visibly maintain the required vehicle permit on the upper forward corner of the left side of the vehicle, trailer, or other conveyance.

History: 1937, Act 284, Imd. Eff. July 23, 1937 ;-- CL 1948, 287.125 ;-- Am. 2012, Act 317, Imd. Eff. Oct. 1, 2012

287.126 Yards, pens, premises, or vehicles; requirements as to cleanliness and repair; application for vehicle permit; compliance with state and federal requirements for transport vehicles or livestock conveyances; official health certificates, movement permits or testing forms.

Sec. 6.

(1) Each dealer, broker, livestock trucker, or agent leasing, renting, operating, or owning any livestock yards, pens, premises, or vehicles in which animals are quartered, fed, held, or transported shall keep the yards, premises, or vehicles properly cleaned, disinfected, and in adequate repair as prescribed by the department. The director may restrict the use of a licensed livestock auction facility, portion of a facility, or permitted vehicle, trailer, or conveyance until the licensee can demonstrate that it complies with cleaning, disinfecting, and adequate repair requirements under this act or a rule promulgated under this act.

(2) The application for a vehicle permit under this section shall be on forms approved by the director and shall demonstrate that the applicant meets requirements for registration and vehicle licensing required by this state.

(3) A vehicle, trailer, or other conveyance permitted under this act shall comply with all state and federal requirements for transport vehicles or livestock conveyances, and shall be maintained to ensure the safety and welfare of any animals that are transported in the vehicle. The operator of the permitted conveyance shall allow inspection of the conveyance during normal business hours and when operating, or at any reasonable time agreed upon by the licensee and the director. The director may revoke the permit for an individual vehicle without prior notification for a violation of this subsection.

(4) A licensee shall obtain and maintain during transport any official health certificates, movement permits, or testing forms required by state or federal law.

History: 1937, Act 284, Imd. Eff. July 23, 1937 ;-- CL 1948, 287.126 ;-- Am. 2012, Act 317, Imd. Eff. Oct. 1, 2012

287.127 Inspection of animals; tests or treatment, fee; false statements as to identity or physical condition; movement from 1 premises to another; market zone; protection of livestock from injury and inclement weather; pens and buildings; trucks or vehicles and transportation cages; animals under quarantine; sale or removal of swine; "immediate slaughter" defined.

Sec. 7.

(1) For the purpose of preventing the spread of infection or communicable diseases of livestock, all animals sold, transferred, or exchanged from any yards or premises by any dealer, broker, or agent may be inspected by the director. The director may prescribe the proper tests or treatment of any animal when tests or treatment are considered necessary to prevent the spread of a communicable disease or undue suffering of livestock. The test or treatment shall be made by a veterinarian approved by the director, and the director may require fees for the test or treatment to be paid by the dealer, broker, livestock trucker, or agent.

(2) A dealer, broker, agent, livestock trucker, or owner of an animal shall not under an assumed or fictitious name sell or offer for sale the animal or make any false or misleading statements as to the identity or the physical condition of the animal or with regard to any test that is supposed to establish the health status of the animal offered for sale or sold.

(3) Animals that enter a livestock auction, collection point, or buying station, licensed under this act, are considered to have moved from 1 premises to another within this state. The livestock auction, collection point, or buying station is considered the immediate point of destination of the animals and the licensee is responsible for ensuring that requirements for any necessary official identification, permitting, testing, or certification as required under the animal industry act, 1988 PA 466, MCL 287.701 to 287.746, are met prior to allowing animals to be unloaded from the conveyance vehicle.

(4) The department may confer with the licensee of a livestock auction, collection point, or buying station that is to be used by the licensee for the purpose of selling, trading, or delivering livestock and define an area surrounding the premises that shall be known as the market zone of the premises. All livestock brought into the market zone and sold or traded shall be handled and sold through the livestock auction or buying station within the market zone in compliance with state laws and rules.

(5) A licensee of a livestock auction, collection point, or buying station shall ensure that pens and buildings are available to protect livestock handled from injury and inclement weather. The pens and buildings shall be of such construction as will facilitate cleaning and disinfection and shall be regularly cleaned and disinfected and kept free of mud and accumulations of manure and filth. A licensee shall ensure that all of the following are complied with:

(a) Flooring materials that are appropriate for the health and safety of livestock shall be installed in all pens and alleys in all licensed livestock auctions and in the loading and unloading areas immediately adjacent to the structure.

(b) All pens, alleys, and dock areas shall be constructed to facilitate drainage. Water shall not be permitted to accumulate in pens, alleys, or the loading and unloading areas, except in approved lagoons.

(c) Manure may be stored on the premises of any licensed livestock auction and shall be disposed of according to normal agricultural practices, or as otherwise required by the director.

(d) The walls of all primary animal enclosures shall be kept clean and free of accumulations of filth.

(e) The area in front of the unloading dock, for a distance of 15 feet, shall be of concrete or impervious material so as to facilitate the cleaning of manure and debris from the unloading trucks.

(f) All auction rings, docks, pens, scales, and alleys used for holding livestock shall be thoroughly cleaned after each sale day. In addition, auction rings and pens used to hold animals with an infectious or contagious disease shall also be thoroughly disinfected with a disinfectant approved by the director after each sale before being used again.

(g) Water shall be offered at least every 12 hours, or as needed in inclement weather. If an animal is to be housed for more than 24 hours, feed must be offered at least once a day, or as appropriate for species and age of the animal.

(h) Livestock housed for more than 24 hours shall be able to lie down, turn around, and stand in accordance with normal agricultural management practices. A person who purchases cattle under 3 months of age shall remove the cattle from the premises by noon the day following the sale.

(6) Trucks or vehicles, and transportation cages, used by livestock dealers, brokers, or livestock truckers for transportation and handling of livestock shall be properly constructed to adequately protect handled livestock from injury and undue exposure to inclement weather and shall be regularly cleaned and disinfected.

(7) Animals under quarantine shall not be sold through a livestock auction unless approved by the director.

(8) A licensee shall ensure that all pens used for confinement of animals with a contagious or infectious disease are in a location that prevents contact with healthy animals. The pens shall be of smooth tight siding construction and of sufficient height that they will not permit the contact of any other livestock. The pens shall be drained in such a manner as to prevent contamination of the alley. Pens used for livestock infected with contagious or infectious diseases shall be properly identified and shall not be used to confine any other livestock.

(9) Except upon a permit from the director, swine shall not be sold or removed from a livestock auction, collection point, or buying station except for immediate slaughter. Swine shall not be allowed to contact any swine not used for immediate slaughter or delivery as indicated in this section.

(10) Healthy swine not subject to quarantine that are within this state and handled in compliance with department rules and state law may be sold and removed from livestock auction facilities referred to in this section for purposes other than immediate slaughter when unloaded from vehicles and delivered directly to vehicles in which the swine are transported from the sale premises.

(11) As used in this section, "immediate slaughter" means killed or delivered to a licensed livestock facility, where state or federal veterinary inspection is maintained daily, within 72 hours following removal from the livestock auction, collection point, or buying station.

History: 1937, Act 284, Imd. Eff. July 23, 1937 ;-- CL 1948, 287.127 ;-- Am. 2012, Act 317, Imd. Eff. Oct. 1, 2012

287.127a Transportation or movement of nonambulatory livestock; prohibited conduct by licensee; methods of euthanasia; disposal of dead animals.

Sec. 7a.

(1) A licensee shall not transport nonambulatory livestock to a livestock auction, collection point, or buying station. Livestock that become nonambulatory in transport, or while present at a livestock auction, collection point, or buying station shall be humanely euthanized, and the dead animal disposed of as required in subsection (4) or be humanely moved or physically separated from other livestock.

(2) A licensee shall ensure that nonambulatory livestock are not dragged, pulled, pushed, rolled, or otherwise moved except as passive passengers on or in slings, mats, floats, carts, pallets, or containers, or as directly necessary to facilitate the use of these devices. When moved by these devices, the motive force shall be attached to the device, not the livestock. Nonambulatory animals that are not immediately euthanized shall be managed as provided in this section and shall receive appropriate veterinary care.

(3) The director may require a licensee to adhere to specific methods of euthanasia to ensure the welfare of the animal during the euthanasia process.

(4) A licensee shall dispose of any dead animals as defined in 1982 PA 239, MCL 287.651 to 287.683, in the manner required in that act.

History: Add. 2012, Act 317, Imd. Eff. Oct. 1, 2012

287.128 Records of licensee; inspection; sale of certain animals for slaughter.

Sec. 8.

(1) The director may inspect the records of any licensee at any time to determine the origin and destination of any livestock handled by the licensee and to determine if any provisions of this act or the rules promulgated under this act, or requirements for importation of animals, or movement of animals within the state, have been violated.

(2) Each person licensed under this act shall keep the following records, for a minimum of 5 years, on each animal bought, received, sold, exchanged, transported, resold, or transferred:

(a) The identity of each animal, including all of the following:

(i) Species.

(ii) Breed or physical description.

(iii) Age or type.

(iv) Gender.

(b) The date and source of each animal, including complete name and address of the person from whom the animal is acquired.

(d) The date and place of disposition of each animal including the complete name and address of the destination and the name of the person receiving the animal.

(3) In addition to the records described in subsection (2), a person licensed to operate a livestock auction, buying station, or collection point shall keep the following records of each animal bought, received, sold, exchanged, transported, resold, or transferred:

(a) The official identification of each animal recorded by official eartag, official breed registry tattoo, or official backtag number.

(b) If an animal is sold by weight, the official weight of the animal.

(4) Animals, as determined by the director, at a licensed livestock auction, collection point, or buying station consigned for slaughter, or that do not meet intrastate testing requirements for movement from 1 premises to another, shall be sold for slaughter only and shall be moved directly to slaughter. A person operating a livestock auction or buying station shall not sell livestock to a buyer of animals not meeting intrastate testing requirements for movement from 1 premises to another unless the buyer certifies in a signed statement that the animals removed from the premises shall be moved directly to a slaughter establishment and slaughtered within 5 days after movement. A licensee shall not allow animals to be removed from a livestock auction, collection point, or buying station premises until the buyer provides the slaughter destination information for each animal being removed from the premises.

History: 1937, Act 284, Imd. Eff. July 23, 1937 ;-- CL 1948, 287.128 ;-- Am. 2012, Act 317, Imd. Eff. Oct. 1, 2012

287.129 Rules and regulations; adoption, promulgation, enforcement.

Sec. 9.

The department is authorized to formulate, adopt, promulgate and enforce rules and regulations for the purpose of carrying into effect the provisions of this act.

History: 1937, Act 284, Imd. Eff. July 23, 1937 ;-- CL 1948, 287.129
Admin Rule: R 285.119.1 of the Michigan Administrative Code.

287.131 Violation of certain sections or act; penalty; action by attorney general.

Sec. 11.

(1) A person that violates section 2 may be ordered to pay a civil fine of not less than $100.00 or more than $1,000.00. Each day of continuing violation is a separate violation. However, a person shall not be subject to a civil fine totaling more than $25,000.00.

(2) The court may allow the department to recover reasonable costs and attorney fees incurred in an action resulting in the imposition of a civil fine under subsection (1). Costs assessed and recovered under this subsection shall be paid to the state treasury and credited to the department for the enforcement of this act.

(3) Except as otherwise provided in subsection (1), the director, upon finding that a person has violated this act or a rule promulgated under this act, may do any of the following:

(a) Issue a warning.

(b) Immediately summarily suspend use of equipment, a vehicle, or a facility with the opportunity for a hearing under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(c) Impose an administrative fine of not more than $1,000.00 for each violation after notice and an opportunity for a hearing pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(d) Issue an appearance ticket as described and authorized by sections 9c to 9g of chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.9c to 764.9g, for a violation of subsection (4).

(4) A person that violates this act is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not less than $300.00 or not more than $1,000.00, or both.

(5) The remedies and sanctions under this act are independent and cumulative. The use of a remedy or sanction under this act does not bar other lawful remedies and sanctions and does not limit criminal or civil liability. Notwithstanding any other provision of this act, the department may bring an action to do 1 or more of the following:

(a) Obtain a declaratory judgment that a method, act, or practice is a violation of this act.

(b) Obtain an injunction against a person who is engaging, or about to engage, in a method, act, or practice that violates this act.

(6) The director shall advise the attorney general of the failure of any person to pay an administrative or civil fine imposed under this section. The attorney general shall bring a civil action in a court of competent jurisdiction to recover the fine and costs and fees, including attorney fees. Civil fines and administrative fines collected shall be paid to the state treasury and credited to the department for the enforcement of this act.

History: 1937, Act 284, Imd. Eff. July 23, 1937 ;-- CL 1948, 287.131 ;-- Am. 2012, Act 317, Imd. Eff. Oct. 1, 2012

LIVESTOCK AND POULTRY REMEDIES
Act 134 of 1929
287.141-287.150 Repealed. 2016, Act 257, Eff. Sept. 26, 2016.

BABY CHICKS
Act 227 of 1935
287.161-287.169 Repealed. 1984, Act 161, Imd. Eff. June 27, 1984.

STARTED PULLETS
Act 213 of 1962
287.171-287.175 Repealed. 2016, Act 256, Eff. Sept. 26, 2016; 287.174 Repealed. 2002, Act 322, Imd. Eff. May 23, 2002.

COMMERCIAL FEEDS
Act 91 of 1917
287.181-287.191 Repealed. 1959, Act 242, Eff. Mar. 19, 1960.

BREEDING OF HORSES
Act 72 of 1929
287.201-287.210 Repealed. 2016, Act 250, Eff. Sept. 26, 2016.

CERTIFICATION OF LIVESTOCK
Act 150 of 1966
287.211-287.216 Repealed. 1984, Act 161, Imd. Eff. June 27, 1984.

BRANDING LIVESTOCK
Act 122 of 1883
AN ACT to provide for branding certain livestock; to provide for certain powers and duties of certain state agencies; and to prescribe application procedures and fees.

History: 1883, Act 122, Imd. Eff. May 25, 1883 ;-- Am. 1982, Act 52, Eff. Oct. 1, 1982

The People of the State of Michigan enact:

287.221 Adoption of brand; application; earmark, tattoo, or vaccination mark; identification number; assignment and recordation; approval of brand.

Sec. 1.

A person who has cattle, horses, hogs, sheep, or goats may adopt a brand by applying to the secretary of state. The brand shall not be an earmark, tattoo, or vaccination mark. The secretary of state shall assign each brand an identification number and shall record the brand and number. The secretary of state shall not approve a brand unless the brand is different from all other valid brands.

History: 1883, Act 122, Imd. Eff. May 25, 1883 ;-- How. 2074a ;-- CL 1897, 5660 ;-- CL 1915, 7350 ;-- CL 1929, 5290 ;-- CL 1948, 287.221 ;-- Am. 1982, Act 52, Eff. Oct. 1, 1982

287.222 Placement and size of brand.

Sec. 2.

A brand shall be placed in a conspicuous location on the livestock. A brand placed on cattle shall be at least 3 inches high and on horses, hogs, sheep, or goats shall be at least 2 inches high.

History: 1883, Act 122, Imd. Eff. May 25, 1883 ;-- How. 2074b ;-- CL 1897, 5661 ;-- CL 1915, 7351 ;-- CL 1929, 5291 ;-- CL 1948, 287.222 ;-- Am. 1982, Act 52, Eff. Oct. 1, 1982

287.223 Duration of original brand; renewal and transfer; application forms and fees; disposition of fees.

Sec. 3.

(1) An original brand shall be issued for 10 years and may be renewed for 10-year periods. Application for renewal shall be made within 90 days of the date of expiration.

(2) A brand may be transferred and is valid for 5 years from the date of transfer. A transferred brand may be renewed for 10-year periods.

(3) Application for an original brand or for renewal or transfer of a brand shall be made on forms prescribed by the secretary of state.

(4) An application shall be accompanied by a fee of $50.00 for an original brand, $20.00 for renewal of a brand, and $10.00 for transfer of a brand.

(5) Fees collected by the secretary of state under this act shall be credited to the general fund.

History: Add. 1982, Act 52, Eff. Oct. 1, 1982
Compiler's Notes: Former section 3 of this act was not compiled.

BODIES OF DEAD ANIMALS
Act 226 of 1929
287.231-287.241 Repealed. 1964, Act 162, Eff. Aug. 28, 1964;—1982, Act 239, Eff. Oct. 1, 1982.

DISPOSAL OF LIVESTOCK
Act 308 of 1976
AN ACT to provide for the disposal of certain livestock; to prescribe the conditions of disposal; to prescribe the powers and duties of the department of natural resources; and to make an appropriation.

History: 1976, Act 308, Imd. Eff. Oct. 28, 1976

The People of the State of Michigan enact:

***** 287.251 THIS SECTION IS SUBJECT TO CONDITIONAL EXPIRATION: See 287.258 *****

287.251 Definitions.

Sec. 1.

As used in this act:

(a) "Department" means the department of natural resources.

(b) "Director" means the director of the department of natural resources.

(d) "Person" means an individual, firm, partnership, association, corporation, or other legal entity.

History: 1976, Act 308, Imd. Eff. Oct. 28, 1976
Compiler's Notes: For transfer of powers and duties of department of natural resources and environment to department of natural resources, see E.R.O. No. 2011-1, compiled at MCL 324.99921.

***** 287.252 THIS SECTION IS SUBJECT TO CONDITIONAL EXPIRATION: See 287.258 *****

287.252 Selection and preparation of site for disposal of livestock.

Sec. 2.

The director shall select and prepare a site for the disposal of livestock pursuant to this act.

History: 1976, Act 308, Imd. Eff. Oct. 28, 1976

***** 287.253 THIS SECTION IS SUBJECT TO CONDITIONAL EXPIRATION: See 287.258 *****

287.253 Conditions for receiving and disposing of livestock.

Sec. 3.

The director shall receive and dispose of livestock owned by a person who voluntarily wishes to dispose of the livestock at the site selected by the director under section 2, subject to the following conditions:

(a) That the owner of the livestock assumes all responsibility and costs incurred in transporting the livestock to the site.

(b) That the owner of the livestock acknowledges in writing that acceptance of the livestock by the department for disposal pursuant to this act does not imply condemnation of the livestock by the state, nor in any way admits liability of the state to the owner or to any other person.

History: 1976, Act 308, Imd. Eff. Oct. 28, 1976

***** 287.254 THIS SECTION IS SUBJECT TO CONDITIONAL EXPIRATION: See 287.258 *****

287.254 Availability of site; notice.

Sec. 4.

The site shall be available for the voluntary disposal of livestock pursuant to this act for a period not to exceed 60 days from the opening of the site. The director shall cause to be printed not less than 5 days before the opening of the site in papers of general circulation in agricultural communities in the state, notice of the location of the site and the dates and times during which the site will be available for the voluntary disposal of livestock.

History: 1976, Act 308, Imd. Eff. Oct. 28, 1976

***** 287.255 THIS SECTION IS SUBJECT TO CONDITIONAL EXPIRATION: See 287.258 *****

287.255 Contracts.

Sec. 5.

The department may enter into contracts with state agencies, local units, public agencies, private agencies, organizations, or persons incidental to the performance of its duties under this act.

History: 1976, Act 308, Imd. Eff. Oct. 28, 1976

***** 287.256 THIS SECTION IS SUBJECT TO CONDITIONAL EXPIRATION: See 287.258 *****

287.256 Reimbursement of owner for livestock.

Sec. 6.

This act does not obligate the state to reimburse the owner for any livestock disposed of under this act.

History: 1976, Act 308, Imd. Eff. Oct. 28, 1976

***** 287.257 THIS SECTION IS SUBJECT TO CONDITIONAL EXPIRATION: See 287.258 *****

287.257 Appropriation.

Sec. 7.

There is appropriated to the department for the 1975-76 fiscal year $250,000.00, or as much thereof as may be necessary, for purposes of carrying out this act.

History: 1976, Act 308, Imd. Eff. Oct. 28, 1976

***** 287.258 THIS SECTION IS SUBJECT TO CONDITIONAL EXPIRATION: See 287.258 *****

287.258 Expiration of act.

Sec. 8.

This act shall expire at such time as the purposes of this act have been accomplished.

History: 1976, Act 308, Imd. Eff. Oct. 28, 1976
Compiler's Notes: As to validity of enactment of “sunset provision” under Const 1963, art 4, § 24, see OAG, 1987-1988, No 6438 (May 21, 1987).

DOG LAW OF 1919
Act 339 of 1919
AN ACT relating to dogs and the protection of live stock and poultry from damage by dogs; providing for the licensing of dogs; regulating the keeping of dogs, and authorizing their destruction in certain cases; providing for the determination and payment of damages done by dogs to live stock and poultry; imposing powers and duties on certain state, county, city and township officers and employes, and to repeal Act No. 347 of the Public Acts of 1917, and providing penalties for the violation of this act.

History: 1919, Act 339, Eff. Aug. 14, 1919
Compiler's Notes: Near the end of this title, the word "employes" evidently should read "employees".

The People of the State of Michigan enact:

287.261 Short title; definitions.

Sec. 1.

(1) This act shall be known and may be cited as the "dog law of 1919".

(2) For the purpose of this act:

(a) "Livestock" means horses, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burros, goats, kids and swine, and fur-bearing animals being raised in captivity.

(b) "Poultry" means all domestic fowl, ornamental birds, and game birds possessed or being reared under authority of a breeder's license pursuant to part 427 (breeders and dealers) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being sections 324.42701 to 324.42714 of the Michigan Compiled Laws.

(c) "Owner" when applied to the proprietorship of a dog means every person having a right of property in the dog, and every person who keeps or harbors the dog or has it in his care, and every person who permits the dog to remain on or about any premises occupied by him.

(d) "Kennel" means any establishment wherein or whereon dogs are kept for the purpose of breeding, sale, or sporting purposes.

(e) "Law enforcement officer" means any person employed or elected by the people of the state, or by any municipality, county, or township, whose duty it is to preserve peace or to make arrests or to enforce the law, and includes conservation officers and members of the state police.

(f) "Hunting" means allowing a dog to range freely within sight or sound of its owner while in the course of hunting legal game or an unprotected animal.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- CL 1929, 5245 ;-- CL 1948, 287.261 ;-- Am. 1959, Act 42, Eff. Mar. 19, 1960 ;-- Am. 1973, Act 32, Imd. Eff. June 14, 1973 ;-- Am. 1996, Act 63, Imd. Eff. Feb. 26, 1996

287.262 Dogs; licensing, tags, leashes.

Sec. 2.

It shall be unlawful for any person to own any dog 6 months old or over, unless the dog is licensed as hereinafter provided, or to own any dog 6 months old or over that does not at all times wear a collar with a tag approved by the director of agriculture, attached as hereinafter provided, except when engaged in lawful hunting accompanied by its owner or custodian; or for any owner of any female dog to permit the female dog to go beyond the premises of such owner when she is in heat, unless the female dog is held properly in leash; or for any person except the owner or authorized agent, to remove any license tag from a dog; or for any owner to allow any dog, except working dogs such as leader dogs, guard dogs, farm dogs, hunting dogs, and other such dogs, when accompanied by their owner or his authorized agent, while actively engaged in activities for which such dogs are trained, to stray unless held properly in leash.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- Am. 1925, Act 322, Eff. Aug. 27, 1925 ;-- CL 1929, 5246 ;-- CL 1948, 287.262 ;-- Am. 1951, Act 173, Imd. Eff. June 8, 1951 ;-- Am. 1969, Act 195, Eff. Mar. 20, 1970

287.263 Repealed. 1969, Act 195, Eff. Mar. 20, 1970.

Compiler's Notes: The repealed section pertained to confinement of dog at night.

287.264 Supervision and enforcement.

Sec. 4.

The state livestock sanitary commission shall have the general supervision over the licensing and regulation of dogs and the protection of livestock and poultry from dogs, and may employ all proper means for the enforcement of this act and all police officers of the state, county, municipality or township shall be at its disposal for that purpose. An animal control officer or a law enforcement officer of the state shall issue a citation, summons or appearance ticket for a violation of this act.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- CL 1929, 5248 ;-- CL 1948, 287.264 ;-- Am. 1969, Act 195, Eff. Mar. 20, 1970 ;-- Am. 1972, Act 349, Imd. Eff. Jan. 9, 1973

287.265 Tags, blanks and license forms.

Sec. 5.

It shall be the duty of the state live stock sanitary commission to purchase from time to time, as may be necessary, a sufficient number of tags for the state of Michigan, which tags shall be purchased from such commission by the treasurers of the counties as the same may be needed to comply with the provisions of this act. Such tags shall be sold at cost to the said treasurers. The state treasurer is hereby authorized to advance to the said commission, out of any funds of the state, such sum of money as may be necessary from time to time to pay for the tags so purchased by the state live stock sanitary commission, which sum shall be repaid to the state treasurer from the money collected from the county treasurers in payment for the tags. The said commission is hereby authorized to extend 30 days' credit to any county treasurer for tags so purchased. The commission shall also furnish to each county treasurer, on or before November fifteenth of each year, a book containing proper forms for issuing dog licenses required in his county, together with the necessary blanks for the use of the supervisors and assessors of such county; such books and blanks shall be furnished to said commission by the board of state auditors without cost to said commission. The tags required by this act shall be not more than 1 1/2 inches in length and uniform in shape throughout the state, the general shape of which shall be changed from year to year; such tags shall have impressed upon them the calendar year for which they are issued and shall bear the name of the county issuing them and shall be numbered consecutively.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- CL 1929, 5249 ;-- CL 1948, 287.265

287.266 Dog licenses; application; resolution; provisions; proof of vaccination.

Sec. 6.

(1) The owner of a dog that is 4 or more months old shall apply to the treasurer of the county or, except as provided in section 14, the treasurer of the township or city where the owner resides, or to the treasurer's authorized agent, for a license for each dog owned or kept by him or her.

(2) Unless the county board of commissioners adopts a resolution under subsection (3), the owner shall apply for a license annually on or before March 1.

(3) The county board of commissioners of a county may adopt a resolution during the 60-day period before the beginning of the county's fiscal year providing when the owner of a dog that is required to be licensed under subsection (1) must apply for a license. Before adopting the resolution, the county board of commissioners shall obtain the county treasurer's written approval of the resolution. Subject to subsection (4), the resolution shall provide for 1 of the following:

(a) That the owner apply for a license by March 1 every year or every third year, at the owner's option.

(b) That the owner apply for a license by June 1 every year.

(d) That the owner apply for a license by the last day of the month of the dog's current rabies vaccination, every year.

(e) That the owner apply for a license by the last day of the month of the dog's current rabies vaccination, every third year.

(f) That the owner apply for a license by 1 of the following, at the owner's option:

(i) The last day of the month of the dog's current rabies vaccination every year.

(ii) The last day of the month of the dog's current rabies vaccination, every third year.

(4) A resolution adopted under subsection (3) shall include necessary provisions for conversion to a new licensing schedule. The resolution may extend the effective period of outstanding licenses but shall not shorten the effective period of outstanding licenses or prorate license fees.

(5) The application shall state the breed, sex, age, color, and markings of the dog, and the name and address of the last previous owner. Except as otherwise provided in this subsection, the application for a license shall be accompanied by a valid certificate of a current vaccination for rabies, with a vaccine licensed by the United States department of agriculture, signed by an accredited veterinarian. The certificate for vaccination for rabies shall state the month and year of expiration for the rabies vaccination, in the veterinarian's opinion. If the application for a license is submitted electronically, the owner of the dog is not required to provide a valid certificate of a current vaccination for rabies if the dog was licensed the previous year and the dog's current rabies vaccination on record with the treasurer of the county or, except as provided in section 14, the treasurer of the township or city where the owner resides, or the treasurer's authorized agent, is still valid. A license shall not be issued under subsection (3)(d), (e), or (f) if the dog's current rabies vaccination will expire more than 1 month before the date on which that license would expire. When applying for a license, the owner shall pay the license fee provided for in the county budget. The county board of commissioners may set license fees in the county budget at a level sufficient to pay all the county's expenses of administering this act as it pertains to dogs. For a spayed or neutered dog, the license fee, if any, shall be set lower than the license fee for a dog that is not spayed or neutered. In addition, the license fee may be set higher for a delinquent application than for a timely application.

(6) If a dog is licensed before it becomes 5 months old and is subsequently spayed or neutered before it becomes 7 months old, the owner of the dog may exchange the license for a license for a spayed or neutered dog and receive a refund for the difference in the cost of the licenses. The owner shall exchange the license before the dog becomes 7 months old.

(7) Subsection (6) applies in a county only if the county board of commissioners adopts a resolution to that effect during the 60-day period before the beginning of the county's fiscal year. Before adopting the resolution, the county board of commissioners shall obtain the county treasurer's written approval of the resolution.

(8) The owner of a dog that is required to be licensed under this section shall keep the dog currently vaccinated against rabies by an accredited veterinarian with a vaccine licensed by the United States department of agriculture.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- Am. 1925, Act 322, Eff. Aug. 27, 1925 ;-- Am. 1927, Act 53, Eff. Sept. 5, 1927 ;-- CL 1929, 5250 ;-- Am. 1933, Act 79, Imd. Eff. May 19, 1933 ;-- Am. 1935, Act 17, Eff. Sept. 21, 1935 ;-- Am. 1937, Act 47, Imd. Eff. May 18, 1937 ;-- Am. 1947, Act 171, Eff. Oct. 11, 1947 ;-- CL 1948, 287.266 ;-- Am. 1949, Act 35, Eff. Sept. 23, 1949 ;-- Am. 1953, Act 172, Imd. Eff. June 4, 1953 ;-- Am. 1969, Act 195, Eff. Mar. 20, 1970 ;-- Am. 1971, Act 229, Eff. Mar. 30, 1972 ;-- Am. 1998, Act 390, Imd. Eff. Nov. 30, 1998 ;-- Am. 2000, Act 438, Imd. Eff. Jan. 9, 2001 ;-- Am. 2010, Act 18, Imd. Eff. Mar. 18, 2010

287.266a Repealed. 1969, Act 195, Eff. Mar. 20, 1970.

Compiler's Notes: The repealed section pertained to proof of vaccination for rabies.

287.267 Dog license; tag, approval; kept on dog.

Sec. 7.

The county treasurer shall then deliver to said owner a license and also 1 of the tags approved by the director of agriculture, before mentioned, such tag to be affixed to a substantial collar to be furnished by the owner, which with the tag attached, shall at all times be kept on the dog for which the license is issued, except when such dog is engaged in lawful hunting accompanied by its owner or custodian.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- CL 1929, 5251 ;-- CL 1948, 287.267 ;-- Am. 1951, Act 173, Imd. Eff. June 8, 1951

287.268 Dog license; unlicensed and young dogs; application; fee after certain date.

Sec. 8.

A person who becomes owner of a dog that is 4 or more months old and that is not already licensed shall apply for a license within 30 days. A person who owns a dog that will become 4 months old and that is not already licensed shall apply for a license within 30 days after the dog becomes 4 months old. In a county in which section 6(2) or section 6(3)(a) applies, if a person applies for an annual license under this subsection after July 10 of a calendar year, the license fee shall be 1/2 the fee provided for under section 6.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- Am. 1925, Act 322, Eff. Aug. 27, 1925 ;-- CL 1929, 5252 ;-- CL 1948, 287.268 ;-- Am. 1998, Act 390, Imd. Eff. Nov. 30, 1998 ;-- Am. 2000, Act 438, Imd. Eff. Jan. 9, 2001

287.269 Dog license; contents.

Sec. 9.

Each dog license issued under this act shall display all of the following:

(a) An expiration date. Subject to section 6(4), the expiration date for a license issued under section 6(2) or 6(3)(b) shall be 1 year after the date on or before which the license was required to be obtained under section 6, and for a license issued under section 6(3)(a) or 6(3)(c) shall be 1 year or 3 years after that date. Subject to section 6(4), the expiration date of a license issued under section 6(3)(d), (e), or (f) shall be the earlier of the following:

(i) One year or 3 years, as applicable, after the date on which the license was required to be obtained.

(ii) The expiration date of the dog's rabies vaccination.

(b) A serial number corresponding to the number on the metal tag furnished to the owner.

(d) A full description of the dog licensed.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- CL 1929, 5253 ;-- CL 1948, 287.269 ;-- Am. 1998, Act 390, Imd. Eff. Nov. 30, 1998 ;-- Am. 2000, Act 438, Imd. Eff. Jan. 9, 2001

287.269a Production of proof of license.

Sec. 9a.

A person who owns or harbors a dog shall produce proof of a valid dog license upon request of a person who is authorized to enforce this act.

History: Add. 1972, Act 349, Imd. Eff. Jan. 9, 1973

287.270 “Kennel” defined; kennel license; fee; tags; certificate; rules; inspection; exception.

Sec. 10.

For the purposes of this act, a kennel shall be construed as an establishment wherein or whereon 3 or more dogs are confined and kept for sale, boarding, breeding or training purposes, for remuneration, and a kennel facility shall be so constructed as to prevent the public or stray dogs from obtaining entrance thereto and gaining contact with dogs lodged in the kennel. Any person who keeps or operates a kennel may, in lieu of individual license required under this act, apply to the county treasurer for a kennel license entitling him to keep or operate a kennel. Proof of vaccination of dogs against rabies shall not be required with the application. The license shall be issued by the county treasurer on a form prepared and supplied by the director of the department of agriculture, and shall entitle the licensee to keep any number of dogs 6 months old or over not at any time exceeding a certain number to be specified in the license. The fee to be paid for a kennel license shall be $10.00 for 10 dogs or less, and $25.00 for more than 10 dogs. A fee of double the original license fee shall be charged for each previously licensed kennel, whose kennel license is applied for after June 1. With each kennel license the county treasurer shall issue a number of metal tags equal to the number of dogs authorized to be kept in the kennel. All the tags shall bear the name of the county issuing it, the number of the kennel license, and shall be readily distinguishable from the individual license tags for the same year.

The county treasurer or county animal control officer shall not issue a kennel license for a new kennel under the provisions of this act unless the applicant furnishes an inspection certificate signed by the director of the department of agriculture, or his authorized representative, stating that the kennel to be covered by the license complies with the reasonable sanitary requirements of the department of agriculture, and that the dogs therein are properly fed and protected from exposure commensurate with the breed of the dog. The director of the department of agriculture shall promulgate reasonable rules with respect to the inspections in the manner prescribed by law. The inspection shall be made not more than 30 days before filing the application for license. The provisions of this act shall not be effective in the counties of this state that are operating under the provisions of section 16 wherein the board of supervisors have appointed a county animal control officer with certain powers and duties, unless the counties by a resolution duly adopted by the board of supervisors accept the provisions of this act.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- Am. 1925, Act 322, Eff. Aug. 27, 1925 ;-- CL 1929, 5254 ;-- Am. 1933, Act 79, Imd. Eff. May 19, 1933 ;-- Am. 1945, Act 245, Eff. Sept. 6, 1945 ;-- CL 1948, 287.270 ;-- Am. 1953, Act 172, Imd. Eff. June 4, 1953 ;-- Am. 1969, Act 195, Eff. Mar. 20, 1970 ;-- Am. 1972, Act 349, Imd. Eff. Jan. 9, 1973
Admin Rule: R 285.129.1 of the Michigan Administrative Code.

287.270a Repealed. 1969, Act 195, Eff. Mar. 20, 1970.

Compiler's Notes: The repealed section pertained to vaccination of dog sold by licensed kennel.

287.270b Kennel licensing ordinance.

Sec. 10b.

Any city, township or village having in its employment a full-time animal control officer may adopt an ordinance providing for the issuance of kennel licenses by the animal control officer on the same terms, conditions and fees as is provided in section 10. Upon the adoption of the ordinance the city, township or village shall be excepted from the provisions of sections 10 and 11 of this act.

History: Add. 1966, Act 132, Eff. Mar. 10, 1967 ;-- Am. 1972, Act 349, Imd. Eff. Jan. 9, 1973

287.271 Rules governing kennel dogs.

Sec. 11.

The licensee of a kennel shall, at all times, keep 1 of such tags attached to a collar on each dog 4 months old or over kept by him under a kennel license. No dog bearing a kennel tag shall be permitted to stray or be taken anywhere outside the limits of the kennel. This section does not prohibit the taking of dogs having a kennel license outside the limits of the kennel temporarily and in leash, nor does it prohibit the taking of such dogs out of the kennel temporarily for the purpose of hunting, breeding, trial or show.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- CL 1929, 5255 ;-- CL 1948, 287.271

287.272 Lost tags.

Sec. 12.

If any dog tag is lost, it shall be replaced without cost by the county treasurer, upon application by the owner of the dog, and upon production of such license and a sworn statement of the facts regarding the loss of such tag.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- CL 1929, 5256 ;-- CL 1948, 287.272

287.273 License and tag; transferability.

Sec. 13.

No license or license tag issued for 1 dog shall be transferable to another dog. Whenever the ownership or possession of any dog is permanently transferred from 1 person to another within the same county, the license of such dog may be likewise transferred, upon notice given to the county treasurer who shall note such transfer upon his record. This act does not require the procurement of a new license, or the transfer of a license already secured, when the possession of a dog is temporarily transferred, for the purpose of hunting game, or for breeding, trial, or show, in the state of Michigan.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- CL 1929, 5257 ;-- CL 1948, 287.273

287.274 Application for license blanks and tags; issuance of dog licenses and tags; fee; return of unused tags, books, and receipts; contents of receipt; paying over money; resolution providing that clerk perform duties of treasurer.

Sec. 14.

(1) Every township or city treasurer shall, on or before December 1 each year, apply to the county treasurer for necessary license blanks and tags for the ensuing year and shall issue dog licenses and tags in a manner prescribed for issuing licenses by the county treasurer. Every township or city treasurer shall receive for the services of licensing dogs a reasonable fee at a rate determined by the county board of commissioners for each dog license issued.

(2) Each township or city treasurer shall not later than March 1 each year, or June 1 each year for a county operating under section 6(3)(b) or (c), return to the county treasurer all unused tags, and the book or books from which dog licenses have been issued, containing receipts properly filled out, and showing the name of the person issued each license and the number of each license issued and a full description of each dog licensed. The township or city treasurer shall on or before March 1 each year, or June 1 each year for a county operating under section 6(3)(b) or (c), pay over all money received for issuing licenses less the amount set by the board of commissioners to be retained by the township or village for each license issued.

(3) A city may, by resolution of its legislative body, provide that its clerk shall perform the duties by this act imposed on the treasurer. Upon the adoption of the resolution, the treasurer of a city is not required to issue licenses under this act but the clerk of the city shall perform, in the manner and under the terms and conditions, and with the same compensation, all of the duties imposed upon city treasurers by this act.

(4) A township treasurer, city treasurer, or city clerk may enter an agreement with the county treasurer for the county treasurer to perform the duties of the township treasurer, city treasurer, or city clerk under this act.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- Am. 1921, Act 310, Eff. Aug. 18, 1921 ;-- Am. 1925, Act 322, Eff. Aug. 27, 1925 ;-- CL 1929, 5258 ;-- Am. 1933, Act 79, Imd. Eff. May 19, 1933 ;-- Am. 1947, Act 168, Eff. Oct. 11, 1947 ;-- CL 1948, 287.274 ;-- Am. 1977, Act 317, Imd. Eff. Jan. 9, 1978 ;-- Am. 1998, Act 390, Imd. Eff. Nov. 30, 1998 ;-- Am. 2000, Act 438, Imd. Eff. Jan. 9, 2001

287.274a Issuance of dog license; information about microchip implantation availability to be provided to dog owner; definitions.

Sec. 14a.

(1) When issuing a dog license under section 14, a county treasurer, city clerk, city treasurer, township treasurer, or the authorized agent of a city or township treasurer, including, but not limited to, a veterinarian, animal control shelter, or animal protection shelter, shall also provide information to the dog owner regarding the availability of microchip implantation and registration for dogs by a veterinarian, animal control shelter, or animal protection shelter.

(2) As used in this section, "animal control shelter" and "animal protection shelter" mean those terms as defined in section 1 of 1969 PA 287, MCL 287.331, and are facilities registered with the department of agriculture and rural development under section 6 of 1969 PA 287, MCL 287.336.

History: Add. 2006, Act 551, Eff. Mar. 30, 2007 ;-- Am. 2022, Act 120, Imd. Eff. June 29, 2022

287.275 County treasurer's record; inspection.

Sec. 15.

The county treasurer shall keep a record of all dog licenses, and all kennel licenses, issued during the year in each city and township in his or her county. Such record shall contain the name and address of the person to whom each license is issued and the expiration date of each license. For an individual license, the record shall also state the breed, sex, age, color, and markings of the dog licensed; and for a kennel license, it shall state the place where the business is conducted. The record is a public record and shall be open to inspection during business hours. The county treasurer shall also keep an accurate record of all license fees collected by the county treasurer or paid over to him or her by any city or township treasurer.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- CL 1929, 5259 ;-- CL 1948, 287.275 ;-- Am. 1998, Act 390, Imd. Eff. Nov. 30, 1998

287.276 Listing of dogs; compensation of supervisor; appointment, duties, and compensation of animal control officer.

Sec. 16.

The supervisor of each township and the assessor of every city, annually, on taking his assessment of property as required by law, may make diligent inquiry as to the number of dogs owned, harbored or kept by all persons in his assessing district; and on or before June 1, make a complete report to the county treasurer, for his county, on a blank form furnished by the director of agriculture, setting forth the name of every owner, or keeper, of any dog, subject to license under this act, how many of each sex are owned by him, and if a kennel license is maintained such fact shall be also stated. Every supervisor or assessor shall receive for his services in listing such dogs at a rate determined by the board of supervisors for each dog so listed, which sums shall be paid out of the general fund of the county. In any city having a population of 5,000 or more, the county board of supervisors may by resolution appoint for a term of 2 years, an animal control officer, who shall perform in and for the city all the duties which this act prescribes for the supervisors of townships, and who shall receive the same compensation as is herein provided for supervisors. The board of supervisors of any county may, by resolution, appoint for the county for a term of 2 years an animal control officer whose duties and compensation shall be such as shall be prescribed by the board of supervisors and who may be delegated the duties required by this section to be performed by the supervisors and assessors without extra compensation.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- Am. 1925, Act 322, Eff. Aug. 27, 1925 ;-- Am. 1925, Act 327, Imd. Eff. May 26, 1925 ;-- CL 1929, 5260 ;-- Am. 1933, Act 79, Imd. Eff. May 19, 1933 ;-- Am. 1941, Act 278, Eff. Jan. 10, 1942 ;-- Am. 1947, Act 168, Eff. Oct. 11, 1947 ;-- CL 1948, 287.276 ;-- Am. 1967, Act 197, Eff. Nov. 2, 1967 ;-- Am. 1968, Act 38, Eff. Jan. 1, 1969 ;-- Am. 1972, Act 349, Imd. Eff. Jan. 9, 1973

287.277 Identification and location of unlicensed dogs; public nuisance; list; commencement of proceedings.

Sec. 17.

The county treasurer may, based on records of the dogs actually licensed in each city or township of the county and any report under section 16, identify and locate all unlicensed dogs. A dog required to be licensed under this act that is unlicensed is a public nuisance. The county treasurer shall immediately list all unlicensed dogs identified under this section and shall deliver copies of the list to the prosecuting attorney of the county. Upon receipt of the name of an owner of an unlicensed dog from the county treasurer, the prosecuting attorney shall commence proceedings against the owner of the dog as required by this act.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- Am. 1925, Act 322, Eff. Aug. 27, 1925 ;-- CL 1929, 5261 ;-- Am. 1933, Act 79, Imd. Eff. May 19, 1933 ;-- CL 1948, 287.277 ;-- Am. 1967, Act 197, Eff. Nov. 2, 1967 ;-- Am. 1968, Act 38, Eff. Jan. 1, 1969 ;-- Am. 1972, Act 349, Imd. Eff. Jan. 9, 1973 ;-- Am. 1998, Act 390, Imd. Eff. Nov. 30, 1998 ;-- Am. 2014, Act 32, Imd. Eff. Mar. 11, 2014

287.278 Killing of dog molesting wildlife.

Sec. 18.

A law enforcement officer may kill a dog determined to be molesting wildlife and not hunting as defined in this act.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- Am. 1925, Act 322, Eff. Aug. 27, 1925 ;-- CL 1929, 5262 ;-- CL 1948, 287.278 ;-- Am. 1973, Act 32, Imd. Eff. June 14, 1973

287.279 Killing of dog pursuing, worrying, or wounding livestock or poultry, or attacking person; damages for trespass; effect of license tag.

Sec. 19.

Any person including a law enforcement officer may kill any dog which he sees in the act of pursuing, worrying, or wounding any livestock or poultry or attacking persons, and there shall be no liability on such person in damages or otherwise, for such killing. Any dog that enters any field or enclosure which is owned by or leased by a person producing livestock or poultry, outside of a city, unaccompanied by his owner or his owner's agent, shall constitute a trespass, and the owner shall be liable in damages. Except as provided in this section, it shall be unlawful for any person, other than a law enforcement officer, to kill or injure or attempt to kill or injure any dog which bears a license tag for the current year.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- CL 1929, 5263 ;-- CL 1948, 287.279 ;-- Am. 1959, Act 42, Eff. Mar. 19, 1960 ;-- Am. 1973, Act 32, Imd. Eff. June 14, 1973

287.279a Killing dog or other animal; use of high altitude decompression chamber or electrocution prohibited.

Sec. 19a.

An animal control officer or other person killing a dog or other animal pursuant to the laws of this state shall not use a high altitude decompression chamber or electrocution for that killing.

History: Add. 1980, Act 382, Eff. Mar. 31, 1981

287.280 Loss or damage to livestock or poultry caused by dogs; complaint; examination; summons; proceedings; killing of dog; liability of owner or keeper.

Sec. 20.

If a person sustains any loss or damage to livestock or poultry that is caused by dogs, or if the livestock of a person is necessarily destroyed because of having been bitten by a dog, the person or his or her agent or attorney may complain to the township supervisor or a township officer or other qualified person designated by the township board of the township in which the damage occurred. The complaint shall be in writing, signed by the person making it, and shall state when, where, what, and how much damage was done, and, if known, by whose dog or dogs. The township supervisor or a township officer or other qualified person designated by the township board shall at once examine the place where the alleged damage was sustained and the livestock or poultry injured or killed, if practicable. He or she shall also examine under oath, or affirmation, any witness called. After making diligent inquiry in relation to the claim, the township supervisor or a township officer or other person designated by the township board shall determine whether damage has been sustained and the amount of that damage, and, if possible, who was the owner of the dog or dogs that did the damage. If during the course of the proceedings the owner of the dog causing the loss or damage to the livestock becomes known, the township supervisor or a township officer or other person designated by the township board shall request the district court judge to immediately issue a summons against the owner commanding him or her to appear before the township supervisor or township officer or other person designated by the township board and show cause why the dog should not be killed. The summons may be served anyplace within the county in which the damage occurred, and shall be made returnable not less than 2 nor more than 6 days from the date stated in the summons and shall be served at least 2 days before the time of appearance mentioned in the summons. Upon the return day fixed in the summons the township supervisor or township officer or other person designated by the township board shall proceed to determine whether the loss or damage to the livestock was caused by the dog, and if so he or she shall immediately notify the sheriff or the animal control officer of the county of that fact and upon notification the sheriff or the animal control officer shall kill the dog wherever found. Any owner or keeper of the dog or dogs shall be liable to the county in a civil action for all damages and costs paid by the county on any claim as provided in this section.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- CL 1929, 5264 ;-- Am. 1937, Act 47, Imd. Eff. May 18, 1937 ;-- CL 1948, 287.280 ;-- Am. 1968, Act 38, Eff. Jan. 1, 1969 ;-- Am. 1972, Act 349, Imd. Eff. Jan. 9, 1973 ;-- Am. 1989, Act 45, Imd. Eff. June 12, 1989

287.281 Report of examination.

Sec. 21.

If after making the examination required in section 20, the township supervisor or other person designated by the township board has determined that damage has been sustained by the complainant, the township supervisor or other person designated by the township board, upon payment to him or her of his or her costs up to that time by the complainant, shall deliver a report of the examination and all papers relating to the case to the county board of commissioners of the county in which the loss was sustained. The report shall be filed in the office of the county board of commissioners. If the complainant has not paid the costs, the township supervisor or other person designated by the township board shall state that fact in the report and the amount of the unpaid costs.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- Am. 1929, Act 131, Eff. Aug. 28, 1929 ;-- CL 1929, 5265 ;-- CL 1948, 287.281 ;-- Am. 1980, Act 223, Imd. Eff. July 18, 1980

287.282 Damage to livestock or poultry by dogs; fees of justice, inclusion in damages.

Sec. 22.

Justices of the peace, for the services rendered under this act, shall receive $4.00 for each case, and 10 cents per mile for each mile traveled, to be paid by the claimant in each case. In all cases where damages are awarded, the fees paid by claimants shall be included in the amount of such damages.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- CL 1929, 5266 ;-- CL 1948, 287.282 ;-- Am. 1958, Act 26, Eff. Sept. 13, 1958

287.283 Payment for amount of loss or damage; costs; investigation.

Sec. 23.

(1) When the county board of commissioners of the county receives a report of the township supervisor or other person designated by the township board pursuant to section 21, if it appears from the report that a certain amount of damage has been sustained by the claimant, the county board of commissioners shall immediately draw their order on the treasurer of the county in favor of the claimant for the amount of loss or damage which the claimant has sustained, together with all necessary and proper costs incurred. If the claim filed with the board appears from the report filed to be illegal or unjust, the board may make an investigation of the case and make its award accordingly.

(2) An amount awarded pursuant to this section shall be paid by the county out of its general fund. A payment shall not be made for any item which has already been paid by the owner of the dog or dogs doing the injury. If a payment is made by the county for any livestock or poultry bitten by a dog or dogs, the payment shall not exceed the amount allowed by the county board of commissioners.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- Am. 1925, Act 31, Eff. Aug. 27, 1925 ;-- Am. 1927, Act 52, Eff. Sept. 5, 1927 ;-- Am. 1929, Act 131, Eff. Aug. 28, 1929 ;-- CL 1929, 5267 ;-- Am. 1931, Act 286, Eff. Sept. 18, 1931 ;-- Am. 1945, Act 233, Eff. Sept. 6, 1945 ;-- CL 1948, 287.283 ;-- Am. 1980, Act 223, Imd. Eff. July 18, 1980

287.284 Board of county auditors; duties.

Sec. 24.

In a county having a board of county auditors, that board shall receive, audit, and determine all claims for damages under this act, and when a claim is found to be legal and just, the board of county auditors shall order its payment out of the general fund of the county. A township supervisor or other person designated by the township board in a county having a board of county auditors shall deliver the report of investigation under this act to the board of county auditors.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- CL 1929, 5268 ;-- CL 1948, 287.284 ;-- Am. 1980, Act 223, Imd. Eff. July 18, 1980

287.285 Saving clause; disposition of dog fund; expense of dog department in cities, payment.

Sec. 25.

Any valid claims for loss or damage to live stock which have accrued under any general or local laws, prior to the taking effect of this act, shall not abate by reason of the repeal of such laws by the operation of this act, but all such claims, and all claims arising under this act and all expense incurred in any county in enforcing the provisions of this act shall be paid out of the general fund of the county. At the time this act takes effect, all moneys then in the "dog fund" in the hands of township or city treasurers, derived from the taxation of dogs under existing laws, shall be turned into the county general fund: Provided, In all cities having a well regulated dog department, the reasonable expense of maintaining the same, shall be borne by said county, duly audited by the board of supervisors, and in any county having a board of county auditors, said board of county auditors shall audit said reasonable bills, to be paid out of the general fund of the county.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- CL 1929, 5269 ;-- CL 1948, 287.285

287.286 Penalties; disposition of fines.

Sec. 26.

Any person or police officer, violating or failing or refusing to comply with any of the provisions of this act shall be guilty of a misdemeanor and upon conviction shall pay a fine not less than $10.00 nor more than $100.00, or shall be imprisoned in the county jail for not exceeding 3 months, or both such fine and imprisonment. Any person presenting a false claim, knowing it to be false, or receiving any money on such false claim, shall be guilty of a misdemeanor and upon conviction, shall pay a fine of not less than $10.00 nor more than $100.00, or shall be imprisoned in the county jail for not exceeding 3 months, or both such fine and imprisonment. All fines collected under the provisions of this act shall be paid to the treasurer of the county to be credited to the library fund of the county.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- CL 1929, 5270 ;-- CL 1948, 287.286 ;-- Am. 1969, Act 195, Eff. Mar. 20, 1970

287.286a Sworn complaint; contents; issuance of summons; hearing; order; penalty for disobedience; costs; audit and payment of claims.

Sec. 26a.

(1) A district court magistrate or the district or common pleas court shall issue a summons similar to the summons provided for in section 20 to show cause why a dog should not be killed, upon a sworn complaint that any of the following exist:

(a) After January 10 and before June 15 in each year a dog over 6 months old is running at large unaccompanied by its owner or is engaged in lawful hunting and is not under the reasonable control of its owner without a license attached to the collar of the dog.

(b) A dog, licensed or unlicensed, has destroyed property or habitually causes damage by trespassing on the property of a person who is not the owner.

(d) A dog has shown vicious habits or has molested a person when lawfully on the public highway.

(e) A dog duly licensed and wearing a license tag has run at large contrary to this act.

(2) After a hearing the district court magistrate or the district or common pleas court may either order the dog killed, or confined to the premises of the owner. If the owner disobeys this order the owner may be punished under section 26. Costs as in a civil case shall be taxed against the owner of the dog, and collected by the county. The county board of commissioners shall audit and pay claims for services of officers rendered pursuant to this section, unless the claims are paid by the owner of the dog.

History: Add. 1927, Act 114, Eff. Sept. 5, 1927 ;-- CL 1929, 5271 ;-- CL 1948, 287.286a ;-- Am. 1977, Act 261, Imd. Eff. Dec. 8, 1977

287.286b Penalty for stealing or confining licensed dog.

Sec. 26b.

Any person who shall steal, or confine and secrete any dog licensed under this act or kept under a kennel license, unless legally authorized to do so, or unless such confining be justifiable in the protection of person, property or game, shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not less than $50.00 nor more than $100.00, or imprisonment in the county jail for not less than 60 nor more than 90 days, or both in the discretion of the court.

History: Add. 1939, Act 17, Eff. Sept. 29, 1939 ;-- CL 1948, 287.286b

287.287 Recovery of value of dog illegally killed.

Sec. 27.

Nothing in this act shall be construed to prevent the owner of a licensed dog from recovery, by action at law, from any police officer or other person, the value of any dog illegally killed by such police officer or other person.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- CL 1929, 5272 ;-- CL 1948, 287.287

287.288 Common law liability.

Sec. 28.

Nothing in this act contained shall be construed as limiting the common law liability of the owner of a dog for damages committed by it.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- CL 1929, 5273 ;-- CL 1948, 287.288

287.289 Dogs imported temporarily.

Sec. 29.

None of the provisions of this act shall be construed to require the licensing of any dog imported into this state, for a period not exceeding 30 days, for show, trial, breeding or hunting purposes.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- CL 1929, 5274 ;-- CL 1948, 287.289

287.289a Animal control agency; establishment; employees; jurisdiction; contents of animal control ordinance.

Sec. 29a.

The board of county commissioners by ordinance may establish an animal control agency which shall employ at least 1 animal control officer. The board of county commissioners may assign the animal control agency to any existing county department. The animal control agency shall have jurisdiction to enforce this act in any city, village or township which does not have an animal control ordinance. The county's animal control ordinance shall provide for animal control programs, facilities, personnel and necessary expenses incurred in animal control. The ordinance is subject to sections 6 and 30.

History: Add. 1972, Act 349, Imd. Eff. Jan. 9, 1973

287.289b County animal control officers; employment standards.

Sec. 29b.

(1) The board of county commissioners shall adopt minimum employment standards relative to the recruitment, selection and appointment of animal control officers. The minimum standards shall include:

(a) Requirements for physical, educational, mental and moral fitness.

(b) A minimum course of study of not less than 100 instructional hours as prescribed by the department of agriculture.

(2) Subdivision (b) shall not apply if the animal control officer is a police officer or has served at least 3 years as an animal control officer.

History: Add. 1972, Act 349, Imd. Eff. Jan. 9, 1973

287.289c Municipal animal control officers; employment standards.

Sec. 29c.

Any city, village or township adopting or having adopted an animal control ordinance shall provide in the ordinance that the minimum employment standards relative to the recruitment, selection and appointment of animal control officers shall at least equal the minimum standards set forth in section 29b.

History: Add. 1972, Act 349, Imd. Eff. Jan. 9, 1973

287.290 Municipal animal control ordinances; certificate of vaccination.

Sec. 30.

A city, village or township by action of its governing body may adopt an animal control ordinance to regulate the licensing, payment of claims and providing for the enforcement thereof. A city, village, county or township adopting a dog licensing ordinance or ordinances shall also require that such application for a license, except kennel licenses, shall be accompanied by proof of vaccination of the dog for rabies by a valid certificate of vaccination for rabies, with a vaccine licensed by the United States department of agriculture, signed by an accredited veterinarian.

History: 1919, Act 339, Eff. Aug. 14, 1919 ;-- Am. 1921, Act 310, Eff. Aug. 18, 1921 ;-- Am. 1929, Act 329, Eff. Aug. 28, 1929 ;-- CL 1929, 5275 ;-- Am. 1933, Act 189, Imd. Eff. June 28, 1933 ;-- Am. 1941, Act 288, Eff. Jan. 10, 1942 ;-- Am. 1943, Act 209, Imd. Eff. Apr. 17, 1943 ;-- CL 1948, 287.290 ;-- Am. 1949, Act 22, Eff. Sept. 23, 1949 ;-- Am. 1952, Act 125, Eff. Sept. 18, 1952 ;-- Am. 1953, Act 172, Imd. Eff. June 4, 1953 ;-- Am. 1959, Act 211, Eff. Mar. 19, 1960 ;-- Am. 1969, Act 195, Eff. Mar. 20, 1970 ;-- Am. 1971, Act 229, Eff. Mar. 30, 1972 ;-- Am. 1972, Act 349, Imd. Eff. Jan. 9, 1973

LEADER DOGS FOR BLIND PERSONS
Act 207 of 1970
AN ACT to exempt certain service animals from license fees.

History: 1970, Act 207, Imd. Eff. Aug. 25, 1970 ;-- Am. 1981, Act 74, Imd. Eff. June 30, 1981 ;-- Am. 2015, Act 145, Eff. Jan. 18, 2016

The People of the State of Michigan enact:

287.291 Service animal not subject to licensing fee; definitions.

Sec. 1.

(1) Notwithstanding any law or ordinance to the contrary, a service animal is not subject to any fee for licensing if either of the following applies:

(a) The service animal is used by a person with a disability.

(b) The service animal is owned by a partnership, corporation, or other legal entity that trains service animals for use by a person with a disability.

(2) As used in this section:

(a) "Person with a disability" means a person who has a disability as defined in section 12102 of the Americans with disabilities act of 1990, 42 USC 12102, and 28 CFR 36.104.

(b) As used in subdivision (a), "person with a disability" includes a veteran who has been diagnosed with 1 or more of the following:

(i) Post-traumatic stress disorder.

(ii) Traumatic brain injury.

(iii) Other service-related disabilities.

(i) That term as defined in 28 CFR 36.104.

(ii) A miniature horse that has been individually trained to do work or perform tasks as described in 28 CFR 36.104 for the benefit of a person with a disability.

(d) "Veteran" means any of the following:

(i) A person who performed military service in the armed forces for a period of more than 90 days and separated from the armed forces in a manner other than a dishonorable discharge.

(ii) A person discharged or released from military service because of a service-related disability.

(iii) A member of a reserve branch of the armed forces at the time he or she was ordered to military service during a period of war, or in a campaign or expedition for which a campaign badge is authorized, and was released from military service in a manner other than a dishonorable discharge.

History: 1970, Act 207, Imd. Eff. Aug. 25, 1970 ;-- Am. 1981, Act 74, Imd. Eff. June 30, 1981 ;-- Am. 1984, Act 112, Imd. Eff. May 24, 1984 ;-- Am. 2000, Act 4, Imd. Eff. Feb. 22, 2000 ;-- Am. 2015, Act 145, Eff. Jan. 18, 2016

REGISTRATION AND IDENTIFICATION OF DOGS
Act 309 of 1939
AN ACT to provide for the regulation, registration, identification and licensing of dogs; to prescribe the powers and duties of the commissioner of agriculture with respect thereto; to prescribe penalties for violation of the provisions of this act; and to declare the effect of this act.

History: 1939, Act 309, Eff. Sept. 29, 1939

The People of the State of Michigan enact:

287.301 Repealed. 2016, Act 253, Eff. Sept. 26, 2016.

Compiler's Notes: The repealed section pertained to registration and tattooing of dogs.

287.302 Repealed. 2016, Act 253, Eff. Sept. 26, 2016.

Compiler's Notes: The repealed section pertained to assignment of title upon purchase of dog.

287.303 Repealed. 2016, Act 253, Eff. Sept. 26, 2016.

Compiler's Notes: The repealed section pertained to issuance of identification certificate.

287.304 Repealed. 2016, Act 253, Eff. Sept. 26, 2016.

Compiler's Notes: The repealed section pertained to record of certain information concerning ownership of dog.

287.305 Repealed. 2016, Act 253, Eff. Sept. 26, 2016.

Compiler's Notes: The repealed section pertained to entitlement of finder of lost dog to boarding fees.

287.306 Repealed. 2016, Act 253, Eff. Sept. 26, 2016.

Compiler's Notes: The repealed section pertained to fees credited to general fund.

287.307 Repealed. 2016, Act 253, Eff. Sept. 26, 2016.

Compiler's Notes: The repealed section pertained to mutilation of tattooed serial number.

287.308 Stealing or holding dog in possession; penalty.

Sec. 8.

Any person who shall steal or take without the consent of the owner and without lawful authority, any dog registered under the provisions of this act, or any person excepting dog wardens who shall harbor or hold in his possession any stray dog of which he is not the owner and does not report such possession to the sheriff of the county or the police department of the city in which he is holding such dog within 48 hours after such person came in possession of said dog, where the value of such dog shall not be in excess of $100.00, shall be guilty of a misdemeanor, and where the value of such dog shall be in excess of $100.00, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $50.00 nor more than $500.00, or imprisoned in the county jail for not more than 1 year, or both such fine and imprisonment in the discretion of the court.

History: Add. 1943, Act 146, Eff. July 30, 1943 ;-- Am. 1945, Act 11, Eff. Sept. 6, 1945 ;-- CL 1948, 287.308

TURTLES
Act 424 of 1988
AN ACT to regulate the sale of turtles in this state; to provide for certain duties of the department of agriculture; and to provide for penalties.

History: 1988, Act 424, Eff. Mar. 30, 1989

The People of the State of Michigan enact:

287.311 “Turtle” defined.

Sec. 1.

As used in this act, "turtle" includes all animals commonly known as turtles, tortoises, terrapins, and all other animals of the order testudinata, class reptilia.

History: 1988, Act 424, Eff. Mar. 30, 1989

287.312 Sale or distribution of turtle eggs or live turtles; health advisory sheet required.

Sec. 2.

A person shall not sell or distribute in the state viable turtle eggs or live turtles with a carapace length of less than 4 inches unless he or she provides the purchaser with the health advisory sheet described in section 3.

History: 1988, Act 424, Eff. Mar. 30, 1989

287.313 Publication and availability of health advisory sheet.

Sec. 3.

The department of agriculture shall publish and make available a health advisory sheet describing the potential health risk to children and adults of contracting salmonellosis from turtles.

History: 1988, Act 424, Eff. Mar. 30, 1989

287.314 Violation as misdemeanor; penalty.

Sec. 4.

A person who violates this act is guilty of a misdemeanor punishable by a fine of $1,000.00, or imprisonment for not more than 90 days, or both, for each violation of this act.

History: 1988, Act 424, Eff. Mar. 30, 1989

DANGEROUS ANIMALS
Act 426 of 1988
AN ACT to regulate dangerous animals; to provide for the confinement, identification, or destruction of dangerous animals; and to provide penalties for the owners or keepers of dangerous animals that attack human beings.

History: 1988, Act 426, Eff. Mar. 30, 1989 ;-- Am. 2022, Act 121, Imd. Eff. June 29, 2022

The People of the State of Michigan enact:

287.321 Definitions.

Sec. 1.

As used in this act:

(a) "Dangerous animal" means a dog or other animal that bites or attacks a person, or a dog that bites or attacks and causes serious injury or death to another dog while the other dog is on the property or under the control of its owner. However, a dangerous animal does not include any of the following:

(i) An animal that bites or attacks a person who is knowingly trespassing on the property of the animal's owner.

(ii) An animal that bites or attacks a person who provokes or torments the animal.

(iii) An animal that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect a person if that person is engaged in a lawful activity or is the subject of an assault.

(iv) Livestock.

(b) "Livestock" means animals used for human food and fiber or animals used for service to human beings. Livestock includes, but is not limited to, cattle, swine, sheep, llamas, goats, bison, equine, poultry, and rabbits. Livestock does not include animals that are human companions, such as dogs and cats.

(d) "Provoke" means to perform a willful act or omission that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack by an ordinary dog or animal.

(e) "Serious injury" means permanent, serious disfigurement, serious impairment of health, or serious impairment of a bodily function of a person.

(f) "Torment" means an act or omission that causes unjustifiable pain, suffering, and distress to an animal, or causes mental and emotional anguish in the animal as evidenced by its altered behavior, for a purpose such as sadistic pleasure, coercion, or punishment that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack.

History: 1988, Act 426, Eff. Mar. 30, 1989

287.322 Sworn complaint; summons; surrender of animal; expense; rabies vaccination and license required; destruction of animal; notification of animal control authority; ordering owner of animals to take certain actions.

Sec. 2.

(1) Upon a sworn complaint that an animal is a dangerous animal and has caused serious injury or death to an individual or has caused serious injury or death to a dog, a district court magistrate, district court, or municipal court shall issue a summons to the owner ordering him or her to appear to show cause why the animal should not be destroyed.

(2) Upon the filing of a sworn complaint as provided in subsection (1), the district court magistrate, district court, or municipal court shall order the owner to immediately turn the animal over to an animal control authority, incorporated humane society, veterinarian, or boarding kennel, at the owner's option, to be retained until a hearing is held and a decision is made for the disposition of the animal. The owner shall notify the person that retains the animal under this subsection of the complaint and order. The owner is responsible for the expense of the boarding and retention of the animal. The animal must not be returned to the owner until the animal has a current rabies vaccination and license as required by law.

(3) After a hearing, if the animal is found to be a dangerous animal that caused serious injury or death to an individual or a dog, the district court magistrate, district court, or municipal court shall order the destruction of the animal, at the owner's expense. After a hearing, if the animal has been previously adjudicated a dangerous animal or is found to be a dangerous animal that did not cause serious injury or death to an individual but is likely to cause serious injury or death to an individual in the future, the district court magistrate, district court, or municipal court may order the destruction of the animal, at the owner's expense.

(4) If the district court magistrate, district court, or municipal court finds that an animal is a dangerous animal that has not caused serious injury or death to an individual, the district court magistrate, district court, or municipal court shall notify the animal control authority for the county in which the complaint was filed of all of the following:

(a) The finding of the court.

(b) The name of the owner of the dangerous animal.

(5) If the district court magistrate, district court, or municipal court finds that an animal is a dangerous animal that has not caused serious injury or death to an individual under subsection (4), the district court magistrate, district court, or municipal court shall order the owner of that animal to do 1 or more of the following:

(a) If the dangerous animal is a member of the Canis lupus familiaris species, have a permanent identification number assigned to the animal, at the owner's expense, by or under the supervision of a veterinarian.

(b) Take specific steps, such as escape proof fencing or an enclosure, that includes a top or roof, to ensure that the animal cannot escape or an unauthorized individual cannot enter the premises.

(d) Obtain and maintain liability insurance coverage sufficient to protect the public from any damage or harm caused by the animal.

(e) Take any other action appropriate to protect the public.

History: 1988, Act 426, Eff. Mar. 30, 1989 ;-- Am. 2022, Act 121, Imd. Eff. June 29, 2022

287.323 Owner guilty of involuntary manslaughter, felony, or misdemeanor; penalty; costs.

Sec. 3.

(1) The owner of an animal that meets the definition of a dangerous animal in section 1(a) that causes the death of a person is guilty of involuntary manslaughter, punishable under section 321 of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being section 750.321 of the Michigan Compiled Laws.

(2) If an animal that meets the definition of a dangerous animal in section 1(a) attacks a person and causes serious injury other than death, the owner of the animal is guilty of a felony, punishable by imprisonment for not more than 4 years, a fine of not less than $2,000.00, or community service work for not less than 500 hours, or any combination of these penalties.

(3) If an animal previously adjudicated to be a dangerous animal attacks or bites a person and causes an injury that is not a serious injury, the owner of the animal is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, a fine of not less than $250.00 nor more than $500.00, or community service work for not less than 240 hours, or any combination of these penalties.

(4) If the owner of an animal that is previously adjudicated to be a dangerous animal allows the animal to run at large, the owner is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, a fine of not less than $250.00 nor more than $500.00, or community service work for not less than 240 hours, or any combination of these penalties.

(5) The court may order a person convicted under this section to pay the costs of the prosecution.

History: 1988, Act 426, Eff. Mar. 30, 1989

PET SHOPS, DOG POUNDS, AND ANIMAL SHELTERS
Act 287 of 1969
AN ACT to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies.

History: 1969, Act 287, Eff. Mar. 20, 1970 ;-- Am. 1997, Act 7, Eff. Jan. 1, 1998

The People of the State of Michigan enact:

287.331 Definitions.

Sec. 1.

As used in this act:

(a) "Adoption" means a transfer of ownership, with or without remuneration, of an animal from an animal control shelter or animal protection shelter to an individual for the purpose of being a companion animal for that individual. As used in this subdivision, a companion animal includes, but is not limited to, a dog that is used for hunting or as a guard dog.

(b) "Alteration" means a professional sterilization procedure performed by a veterinarian that renders a dog, cat, or ferret incapable of reproducing.

(d) Except as provided in section 8b, "animal" means a mammal except livestock as defined in 1937 PA 284, MCL 287.121 to MCL 287.131, and rodents.

(e) "Animal abuse offense" means 1 or more of the following, but does not include the lawful use of an animal to hunt or to participate in field trials or the lawful killing or other use of an animal in farming or a generally accepted animal husbandry or farming practice involving livestock:

(i) A violation of section 49 of the Michigan penal code, 1931 PA 328, MCL 750.49.

(ii) A violation of section 50 of the Michigan penal code, 1931 PA 328, MCL 750.50.

(iii) A violation of section 50a of the Michigan penal code, 1931 PA 328, MCL 750.50a.

(iv) A violation of section 50b of the Michigan penal code, 1931 PA 328, MCL 750.50b.

(v) A violation of section 50c of the Michigan penal code, 1931 PA 328, MCL 750.50c.

(vi) A violation of section 158 of the Michigan penal code, 1931 PA 328, MCL 750.158, if the violation arose out of a crime against nature with an animal.

(vii) A violation of a local ordinance substantially corresponding to a violation described in subparagraphs (i) to (vi).

(viii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (vii).

(f) "Animal control shelter" means a facility operated by a municipality for the impoundment and care of animals that are found in the streets or at large, animals that are otherwise held due to the violation of a municipal ordinance or state law, or animals that are surrendered to the animal control shelter.

(g) "Animal protection shelter" means a facility operated by a person, humane society, society for the prevention of cruelty to animals, or any other nonprofit organization for the care of homeless animals.

(h) "Cat" means a domestic cat of any age of the species Felis catus.

(i) "Department" means the state department of agriculture and rural development.

(j) "Director" means the director of the department or his or her authorized representative.

(k) "Dog" means a domestic dog of any age of the species Canis familiaris.

(l) "Ferret" means an animal of any age of the species Mustela furo.

(m) "ICHAT" means the internet criminal history access tool maintained by the department of state police.

(n) "Intact dog" means a dog that has not been altered.

(o) "Large-scale dog breeding kennel" means a facility where more than 15 female intact dogs over the age of 4 months are housed or kept for the primary purpose of breeding. As used in this subdivision, "housed or kept for the primary purpose of breeding" means that the female dog has previously been bred and whelped. A female dog that has not previously produced offspring shall not be considered to have been housed or kept for the primary purpose of breeding.

(p) "Municipality" means a county, city, village, or township.

(q) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.

(r) "Pet health certificate" means a certificate in a form prescribed by the director in which a veterinarian attests to the species, age, sex, breed, and description of an animal; any medical conditions of the animal; any medical treatment and vaccinations that the animal received while under the control of a pet shop or large-scale dog breeding kennel; and to the fact that at the time of the preparation of the certificate the veterinarian examined the animal and found the animal free from visual evidence of communicable disease.

(s) "Pet shop" means a place where animals are sold or offered for sale, exchange, or transfer.

(t) "Veterinarian" means a person licensed to practice veterinary medicine under part 188 of the public health code, 1978 PA 368, MCL 333.18801 to 333.18838.

History: 1969, Act 287, Eff. Mar. 20, 1970 ;-- Am. 1980, Act 214, Imd. Eff. July 18, 1980 ;-- Am. 1997, Act 7, Eff. Jan. 1, 1998 ;-- Am. 2016, Act 392, Eff. Mar. 29, 2017 ;-- Am. 2017, Act 84, Imd. Eff. July 12, 2017

287.332 Rules; promulgation.

Sec. 2.

(1) The department may promulgate rules to accomplish the purposes of this act and to establish minimum standards for the housing, care, and handling of animals to insure the humane care and handling of animals. The department may also promulgate rules to establish minimum standards for large-scale dog breeding kennels. The rules shall be promulgated in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(2) Except as otherwise provided in this subsection, until the department promulgates rules under subsection (1), a large-scale dog breeding kennel is subject to R 285.151.1 to R 285.151.41 of the Michigan administrative code. Notwithstanding R 285.151.25 of the Michigan administrative code, in a large-scale dog breeding kennel, a female dog in estrus may be housed with intact male dogs for the purpose of breeding.

History: 1969, Act 287, Eff. Mar. 20, 1970 ;-- Am. 2016, Act 392, Eff. Mar. 29, 2017
Admin Rule: R 285.151.1 et seq. of the Michigan Administrative Code.

287.333 License required.

Sec. 3.

No person shall operate a pet shop unless he has first received a license from the department of agriculture under the provisions of this act.

History: 1969, Act 287, Eff. Mar. 20, 1970

287.334 Application for pet shop licenses; fee; deposit; filing of completed license application; "completed application" defined.

Sec. 4.

(1) Applications for pet shop licenses must be on a form as provided or made available by the director. Beginning October 1, 2003 through September 30, 2012, the director shall issue pet shop licenses for a term of 1 year beginning January 1 of each year. After September 30, 2012, the director shall issue a pet shop license upon application and payment of a license fee of $150.00.

(2) Subject to subsection (6) and until September 30, 2012, the department shall charge a fee of $200.00 for an initial application for a pet shop license and a fee of $100.00 for renewal of a pet shop license.

(3) Until September 30, 2012 and except as otherwise provided for in this section, a pet shop license is renewable by submission of a completed renewal application provided or made available by the department and payment of the renewal fee described in subsection (2).

(4) The department shall deposit all license fees, inspection fees, other noncriminal fines or fees, and administrative fines received pursuant to this act into the agriculture licensing and inspection fees fund created in section 9 of the insect pest and plant disease act, 1931 PA 189, MCL 286.209, to be used, pursuant to appropriation, by the director in administering and carrying out those duties required by law under this act.

(5) Beginning July 23, 2004, the department shall issue an initial or renewal pet shop license not later than 90 days after the applicant files a completed application. Receipt of the application is considered the date the application is received by any agency or department of this state. If the application is considered incomplete by the department, the department shall notify the applicant in writing, or make the information electronically available, within 30 days after receipt of the incomplete application, describing the deficiency and requesting the additional information. The 90-day period is tolled upon notification by the department of a deficiency until the date the requested information is received by the department. The determination of the completeness of an application is not an approval of the application for the license and does not confer eligibility of an applicant determined otherwise ineligible for issuance of a license.

(6) If the department fails to issue or deny a license within the time required by this section, the department shall return the license fee and shall reduce the license fee for the applicant's next renewal application, if any, by 15%. The failure to issue a license within the time required under this subsection does not allow the department to otherwise delay the processing of the application, and that application, upon completion, must be placed in sequence with other completed applications received at that same time. The department shall not discriminate against an applicant in the processing of the application based upon the fact that the license fee was refunded or discounted under this subsection.

(7) As used in this section, "completed application" means an application complete on its face and submitted with any applicable licensing fees as well as any other information, records, approval, security, or similar item required by law or rule from a local unit of government, a federal agency, or a private entity but not from another department or agency of this state. In the case of an initial application, completed application includes the completion of construction or renovation of any facility and the passing of a satisfactory inspection.

History: 1969, Act 287, Eff. Mar. 20, 1970 ;-- Am. 2003, Act 83, Imd. Eff. July 23, 2003 ;-- Am. 2004, Act 280, Imd. Eff. July 23, 2004 ;-- Am. 2007, Act 79, Imd. Eff. Sept. 30, 2007 ;-- Am. 2018, Act 291, Eff. Sept. 27, 2018

287.335 Inspection of pet shop premises.

Sec. 5.

The director of agriculture shall not issue a license to operate a pet shop until he has inspected the premises to assure that it complies with the provisions of this act and the rules of the department of agriculture.

History: 1969, Act 287, Eff. Mar. 20, 1970

287.335a Prohibited conduct.

Sec. 5a.

(1) A person who operates a pet shop shall not import or cause to be imported into this state a dog or cat that is less than 8 weeks old. A person who operates an animal control shelter or an animal protection shelter shall not import or cause to be imported into this state a dog or cat that is less than 8 weeks old unless the dog or cat is imported with its dam. A large-scale dog breeding kennel shall not import or cause to be imported into this state a dog that is less than 8 weeks old unless the dog is imported with its dam.

(2) A person who operates a pet shop shall not sell, exchange, transfer, or offer for sale, exchange, or transfer a dog or cat that is less than 8 weeks old. A large-scale dog breeding kennel shall not sell, exchange, or transfer a dog that is less than 8 weeks old.

(3) A person that operates a pet shop, an animal control shelter, an animal protection shelter, or a large-scale dog breeding kennel shall not import or cause to be imported into this state, or sell, adopt, exchange, or transfer, or offer for sale, adoption, exchange, or transfer a dog, unless all of the following are satisfied before the dog's entry into this state:

(a) The dog has been vaccinated against distemper, parvovirus, and canine adenovirus-2. The dog shall also be vaccinated against rabies and leptospirosis if the dog is 12 weeks of age or older. If a rabies vaccine is required under this subdivision, the vaccine shall be administered by an accredited veterinarian. A person operating a pet shop or a large-scale dog breeding kennel shall ensure that vaccinations other than the rabies vaccination are administered not less than 7 days before the dog's entry into this state. The director may require vaccinations against other diseases not specified in this subdivision.

(b) If indicated, the dog has been treated for external and internal parasites so that the dog is not capable of spreading external or internal parasites to another animal at the time it is imported into this state.

(c) The dog is accompanied by an interstate health certificate or certificate of veterinary inspection signed by an accredited veterinarian licensed to practice veterinary medicine in the dog's state of origin, including records of the dog's medication and immunization.

(4) A person who operates a pet shop, an animal control shelter, or an animal protection shelter shall not import or cause to be imported into this state, or sell, adopt, exchange, or transfer, or offer for sale, adoption, exchange, or transfer a cat, unless all of the following are satisfied before the cat's entry into this state:

(a) The cat has been vaccinated against feline panleukopenia, calici viruses, and feline herpes virus-1. The cat shall also be vaccinated against rabies if the cat is 12 weeks of age or older. If a rabies vaccine is required under this subdivision, the vaccine shall be administered by an accredited veterinarian. A person operating a pet shop shall ensure that vaccinations other than the rabies vaccination are administered to the cat as required by this subdivision not less than 7 days before the cat's entry into this state. The director may require vaccinations against other diseases not specified in this subdivision.

(b) If indicated, the cat has been treated for external and internal parasites so that the cat is not capable of spreading external or internal parasites to another animal at the time it is imported into this state.

(c) The cat is accompanied by an interstate health certificate or certificate of veterinary inspection filled out and signed by an accredited veterinarian licensed to practice veterinary medicine in the cat's state of origin, including records of the cat's medication and immunization.

(5) A person who operates a pet shop or a large-scale dog breeding kennel shall not sell, exchange, transfer, or deliver a dog, cat, or ferret without providing to the purchaser a valid pet health certificate. For purposes of this subsection, a pet health certificate is only valid for 30 days after the date the animal was examined by the veterinarian who signed the certificate.

History: Add. 1980, Act 214, Imd. Eff. July 18, 1980 ;-- Am. 2016, Act 392, Eff. Mar. 29, 2017

287.336 Animal control shelter, animal protection shelter, or large-scale dog breeding kennel; registration.

Sec. 6.

(1) A municipality shall not operate an animal control shelter unless the animal control shelter is registered with the department.

(2) A society for the prevention of cruelty to animals or any other person shall not operate an animal protection shelter unless the shelter is registered with the department.

(3) A person shall not operate a large-scale dog breeding kennel unless the large-scale dog breeding kennel is registered with the department. The department shall charge an annual fee of $500.00 per registration of a large-scale dog breeding kennel.

(4) This act is not intended to apply to a dog owner or breeder other than a person that operates a large-scale dog breeding kennel.

History: 1969, Act 287, Eff. Mar. 20, 1970 ;-- Am. 1997, Act 7, Eff. Jan. 1, 1998 ;-- Am. 2016, Act 392, Eff. Mar. 29, 2017

287.337 Animal control shelter, animal protection shelter, or large-scale dog breeding kennel; registration application; form.

Sec. 7.

Application for registration of an animal control shelter, an animal protection shelter, or a large-scale dog breeding kennel shall be on a form prescribed by the director.

History: 1969, Act 287, Eff. Mar. 20, 1970 ;-- Am. 1997, Act 7, Eff. Jan. 1, 1998 ;-- Am. 2016, Act 392, Eff. Mar. 29, 2017

287.338 Animal control shelter or animal protection shelter; inspection; compliance.

Sec. 8.

The department shall not register an animal control shelter or animal protection shelter unless the department first inspects it to ensure that it complies with this act and the rules promulgated under this act.

History: 1969, Act 287, Eff. Mar. 20, 1970 ;-- Am. 1997, Act 7, Eff. Jan. 1, 1998

287.338a Animal control shelter or animal protection shelter; alteration of dog, cat, or ferret.

Sec. 8a.

(1) Except as otherwise provided in this section, an animal control shelter or animal protection shelter shall not permit a person to adopt a dog, cat, or ferret that has not been altered, unless that person has entered into a contract for the alteration of the dog, cat, or ferret with the animal control shelter or animal protection shelter. The contract shall state that the adopting person agrees to have an alteration performed on the dog, cat, or ferret and shall otherwise comply with this section.

(2) A contract with an animal control shelter or animal protection shelter entered into pursuant to subsection (1) shall require the adopting person to have an alteration performed on the dog, cat, or ferret within 4 weeks after the adoption date if at the time of adoption the dog, cat, or ferret is 6 months of age or older. If the dog, cat, or ferret to be adopted is under 6 months of age at the time of adoption, the contract shall contain the date upon which the dog, cat, or ferret will be 6 months of age, and shall require the person adopting the dog, cat, or ferret to have an alteration performed on the dog, cat, or ferret within 4 weeks after that date. This section does not prevent a veterinarian from performing an alteration on a dog, cat, or ferret that is under 6 months of age.

(3) Upon certification by a veterinarian in writing that a dog, cat, or ferret has a serious, permanent medical or health problem that prevents an alteration, the dog, cat, or ferret adopted is not required to be altered. Upon certification by a veterinarian in writing that an alteration poses a serious, temporary medical or health problem, the alteration may be postponed. The person adopting the dog, cat, or ferret shall have it reevaluated by a veterinarian at intervals not to exceed 14 days and shall have the alteration performed no later than 7 days after a veterinarian determines that the temporary problem is resolved.

(4) Except as otherwise provided in subsection (7), a contract entered into pursuant to subsection (1) shall require the adopting person to leave with the animal control shelter or animal protection shelter, or a designee of the animal control shelter or animal protection shelter, a good faith deposit of at least $25.00 that indicates the person's intention to have the adopted dog, cat, or ferret altered within the time provided pursuant to subsection (2). If the person fails to comply with the terms of the contract, the deposit is forfeited. The good faith deposit shall be returned to the adopting person if the adopting person submits written certification from a veterinarian of either of the following:

(a) The dog, cat, or ferret died within the time period in which the alteration was required under subsection (2).

(b) The dog, cat, or ferret has a serious, permanent medical or health problem that prevents an alteration.

(5) Money forfeited under subsection (4) shall be used by the animal control shelter or animal protection shelter to finance alterations, for public education regarding the value of having dogs, cats, and ferrets altered, or to otherwise ensure compliance with this section.

(6) If the adopting person complies with the terms of a contract entered into under subsection (1), the good faith deposit of at least $25.00 shall be refunded by the animal control shelter, animal protection shelter, or a designee of the animal control shelter or animal protection shelter, upon submission by the adopting person of written certification by a veterinarian that the adopted dog, cat, or ferret was altered. The certificate shall include the date of alteration, the name of the owner of the dog, cat, or ferret, the description of the dog, cat, or ferret, and the signature of the veterinarian who performed the alteration.

(7) The good faith deposit under subsection (4) is not required if 1 or more of the following apply:

(a) A dog is transferred to a local, state, or federal law enforcement agency.

(b) A dog is transferred to an organization or trainer that trains guide or leader dogs for blind persons, hearing dogs for deaf or audibly impaired persons, or service dogs for physically limited persons.

(c) A dog, cat, or ferret is transferred to another animal control shelter or animal protection shelter or is transferred to a person who will transfer the animal to another animal control shelter or animal protection shelter. Before the first animal control shelter or animal protection shelter releases the animal, it shall obtain from the person to whom the animal is to be released a written statement by the second animal control shelter or animal protection shelter that it is willing to accept the animal for purposes of adoption or humane euthanasia. Promptly after receipt of the animal by the second animal control shelter or animal protection shelter, the person to whom the animal was released shall provide the first animal control shelter or animal protection shelter with a written statement by the second animal control shelter or animal protection shelter containing a description of the dog, cat, or ferret and acknowledging its receipt on a date specified in the statement.

(8) A contract entered into pursuant to subsection (1) shall include a statement that if the terms of the contract are breached because a person adopting a dog, cat, or ferret fails to have the animal altered as required in the contract, then the person agrees to pay liquidated damages of the greater of $100.00 or actual reasonable costs incurred by the animal control shelter or animal protection shelter to enforce the contract. Immediately before a person signs the contract, a representative of the animal control shelter or animal protection shelter shall verbally direct the person's attention to the liquidated damages agreement in the contract.

History: Add. 1997, Act 7, Eff. Jan. 1, 1998

287.338b Animal control shelter or animal protection shelter; use of ICHAT to determine prior criminal history for animal abuse offense; subsection (1) inapplicable to pet shop; section to be referred to as "Logan's law"; "animal" defined.

Sec. 8b.

(1) Before allowing an individual to adopt an animal, an animal control shelter or animal protection shelter may conduct a search using ICHAT to determine whether that individual has a prior criminal history for an animal abuse offense.

(2) An animal control shelter or animal protection shelter does not violate this act if the animal control shelter or animal protection shelter searches for an individual on ICHAT allowed under subsection (1) and the search fails to disclose that the individual has a prior criminal history for an animal abuse offense.

(3) Subsection (1) does not apply to a pet shop that allows an animal protection shelter to use pet shop resources, including, but not limited to, the pet shop's premises, facilities, employees, equipment, and advertising for pet adoptions, or to a pet shop that works with an animal protection shelter but does not perform adoptions except as an agent of the animal protection shelter. A pet shop described in this subsection is not an animal protection shelter and is not liable for any pet adoptions performed by an animal protection shelter.

(4) This section may be referred to as "Logan's law".

(5) For purposes of this section and section 8c only, "animal" means a vertebrate other than a human being.

History: Add. 2016, Act 393, Eff. Mar. 29, 2017 ;-- Am. 2017, Act 84, Imd. Eff. July 12, 2017

287.338c Consideration of individual's criminal history; decision to not allow individual to adopt animal; section to be referred to as "animal adoption protection act."

Sec. 8c.

(1) An animal control shelter or animal protection shelter may consider an individual's criminal history when deciding whether to allow that individual to adopt an animal. An animal control shelter or animal protection shelter may choose not to allow an individual who has been convicted of an animal abuse offense to adopt an animal unless a period of at least 5 years has elapsed since the date of his or her conviction. An animal control shelter or animal protection shelter may choose not to allow an individual who is charged with committing an animal abuse offense and enters a plea to any other crime in exchange for dismissal of that charge to adopt an animal.

(2) This section may be referred to as the "animal adoption protection act".

History: Add. 2016, Act 392, Eff. Mar. 29, 2017

287.339 Person breeding his or her own animals or person subject to MCL 287.381 to 287.395; applicability of act.

Sec. 9.

(1) Except as otherwise provided in this subsection, the licensing and registration requirements of this act do not apply to a person who breeds his or her own animals or to a person subject to 1969 PA 224, MCL 287.381 to 287.395. The licensing and registration requirements of this act apply to a large-scale dog breeding kennel.

(2) Subsection (1) does not create an exemption from vaccination and licensing requirements under the dog law of 1919, 1919 PA 339, MCL 287.261 to 287.290, or from vaccination and handling requirements under 1994 PA 358, MCL 287.891 to 287.901.

(3) This act does not require the alteration of a dog, cat, or ferret being reclaimed from an animal control shelter or animal protection shelter by its owner unless a local government ordinance requires the alteration.

History: 1969, Act 287, Eff. Mar. 20, 1970 ;-- Am. 1997, Act 7, Eff. Jan. 1, 1998 ;-- Am. 2016, Act 392, Eff. Mar. 29, 2017

287.339a Animal control shelter or animal protection shelter; maintenance of records.

Sec. 9a.

An animal control shelter or animal protection shelter shall maintain written records on the total number of dogs, cats, and ferrets under 6 months of age, the total number of dogs, cats, and ferrets 6 months of age and older, and all other animals received, returned to owners, adopted to new owners, sold, or transferred with or without remuneration to any person, the number of adopted dogs, cats, and ferrets that were altered, the number of adopted dogs, cats, and ferrets that were not altered, and the number of dogs, cats, and ferrets euthanized annually, and shall annually provide a copy of these statistics to the department, by March 31 of the year following the year for which the statistics were compiled.

History: Add. 1997, Act 7, Eff. Jan. 1, 1998

287.339b Violation of act or rule; sanctions; court action or order.

Sec. 9b.

(1) If a person violates this act or a rule promulgated under this act, the director, after notice and an opportunity for an evidentiary hearing under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, may do either or both of the following:

(a) Suspend or revoke a license or registration issued to the person under this act.

(b) Impose an administrative fine of not more than $1,000.00 for each violation. The director shall advise the attorney general of the failure of a person to pay an administrative fine under this section. The attorney general shall bring a civil action to recover the administrative fine and costs and fees. The administrative fine shall be deposited in the agriculture licensing and inspection fees fund created in section 9 of the insect pest and plant disease act, 1931 PA 189, MCL 286.209.

(2) In addition to any other action authorized by this act, the director may bring an action to do 1 or more of the following:

(a) Obtain a declaratory judgment that a method, act, or practice is in violation of this act.

(b) Obtain an injunction against a person who is engaging, or about to engage, in a method, act, or practice that violates this act.

(3) If a person fails to comply with a contract for the alteration of a dog, cat, or ferret as required under section 8a, a court with appropriate jurisdiction may order transfer of ownership of the adopted animal only to 1 of the following:

(a) The facility from which the animal was adopted.

(b) A veterinarian, animal control shelter, or animal protection shelter willing to accept the animal and either humanely euthanize the animal or adopt the animal to an owner who agrees to have the animal altered.

History: Add. 1997, Act 7, Eff. Jan. 1, 1998 ;-- Am. 2007, Act 79, Imd. Eff. Sept. 30, 2007

287.339c Large-scale dog breeding kennel; records.

Sec. 9c.

(1) A large-scale dog breeding kennel shall maintain current verifiable records for a period of at least 2 years. The records shall include all of the following information:

(a) The verified name and address of the person from whom the dog was acquired, where the dog was acquired, and the date that the dog was acquired.

(b) A description and identification of the dog, including the dog's identification information, color, breed, sex, alteration status, and approximate weight and age.

(c) The date and method of disposition of the dog. If the dog is adopted, transferred, or sold, the records shall also include the verified name and address of the person to whom the dog is adopted, transferred, or sold.

(d) The number of dogs on site daily at each physical location.

(e) The number of intact breeding adult female dogs on site daily at the physical location.

(f) Breeding records for each female intact dog that include the approximate date the dog was bred and the birth date and size of each litter during the time that the dog was at the physical location.

(2) A large-scale dog breeding kennel shall make the records required under subsection (1) available to the director or his or her representative on request.

History: Add. 2016, Act 392, Eff. Mar. 29, 2017

287.339d Report.

Sec. 9d.

No later than 18 months after the effective date of the amendatory act that added this section and annually thereafter until September 30, 2019, the department shall prepare and submit a report to the senate and house standing committees on appropriations. The report required under this section shall include, but is not limited to, all of the following information:

(a) The number of registrations issued to large-scale dog breeding kennels under section 6(3).

(b) The approximate number of breeding animals housed at each large-scale dog breeding kennel described in subdivision (a).

(c) The number of inspections of large-scale dog breeding kennels performed by the department or a partner of the department.

(d) The number of complaints received regarding large-scale dog breeding kennels.

(e) The number of pending or assessed penalties arising from the complaints described in subdivision (d).

(f) Recommendations regarding all of the following:

(i) Department staffing levels.

(ii) Annual registration fees for large-scale dog breeding kennels.

(iii) Best practices for working with partners to assist in identifying and resolving noncompliant large-scale dog breeding kennels.

History: Add. 2016, Act 392, Eff. Mar. 29, 2017

287.340 Violations; penalty.

Sec. 10.

Any person who violates the provisions of this act or any rule of the department of agriculture promulgated under the provisions of this act is guilty of a misdemeanor.

History: 1969, Act 287, Eff. Mar. 20, 1970

LIABILITY OF OWNER FOR DOG BITE
Act 73 of 1939
AN ACT providing for the recovery of damages by persons bitten by dogs; and creating a liability of the owners of such dogs.

History: 1939, Act 73, Imd. Eff. May 4, 1939

The People of the State of Michigan enact:

287.351 Person bitten by dog; liability of owner.

Sec. 1.

(1) If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.

(2) A person is lawfully on the private property of the owner of the dog within the meaning of this act if the person is on the owner's property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or if the person is on the owner's property as an invitee or licensee of the person lawfully in possession of the property unless said person has gained lawful entry upon the premises for the purpose of an unlawful or criminal act.

History: 1939, Act 73, Imd. Eff. May 4, 1939 ;-- CL 1948, 287.351 ;-- Am. 1988, Act 142, Eff. Mar. 30, 1989

USE OF DOGS AND CATS FOR RESEARCH
Act 282 of 1966
287.361-287.375 Repealed. 1969, Act 224, Eff. Mar. 20, 1970.

USE OF DOGS AND CATS FOR RESEARCH
Act 224 of 1969
AN ACT to license and regulate dealers that deliver, transport, board, buy, or sell dogs or cats for laboratory research purposes; to regulate research facilities that use dogs or cats for laboratory research; to require research facilities to offer laboratory animals no longer needed for laboratory research to certain animal protection shelters for adoption before euthanizing; to require research facilities to submit annual reports; to provide immunity from civil liability under certain conditions; to create certain funds; and to repeal acts and parts of acts.

History: 1969, Act 224, Eff. Mar. 20, 1970 ;-- Am. 2023, Act 315, Eff. Feb. 13, 2024

The People of the State of Michigan enact:

287.381 Definitions.

Sec. 1.

As used in this act:

(a) "Animal protection shelter" means a facility that is registered under section 6 of 1969 PA 287, MCL 287.336, and is operated by any of the following:

(i) A person.

(ii) A humane society.

(iii) A society for the prevention of cruelty to animals.

(iv) Any other nonprofit organization for the care of homeless animals.

(b) "Cat" means a domestic cat of any age of the species Felis catus.

(c) "Dealer" means a person that for compensation or profit delivers for transportation, transports, boards, buys, or sells dogs or cats for research purposes. Dealer does not include a person that breeds or raises dogs or cats for sale to a research facility.

(d) "Department" means the department of agriculture and rural development.

(e) "Director" means the director of the department.

(f) "Dog" means a domestic dog of any age of the species Canis lupus familiaris.

(g) "Laboratory animal" means a dog or cat that is used or intended to be used for laboratory research at a research facility.

(h) "Laboratory research" means research, tests, or experiments conducted for education, scientific, medical, or experimental purposes.

(i) "Municipality" means a county, city, village, or township.

(j) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(k) "Research facility" means a school, hospital, laboratory, institution, organization, or person that is licensed or otherwise registered with the United States Department of Agriculture, that uses or intends to use a laboratory animal in laboratory research, and that does 1 or both of the following:

(i) Purchases or transports laboratory animals.

(ii) Receives funds from this state, a local government, or an agency or instrumentality of this state or a local government to finance its operations through grants, loans, or other funds.

History: 1969, Act 224, Eff. Mar. 20, 1970 ;-- Am. 2023, Act 315, Eff. Feb. 13, 2024

287.382 License; application, fee.

Sec. 2.

An application for a license shall be accompanied by a $25.00 fee to be deposited by the director into the general fund.

History: 1969, Act 224, Eff. Mar. 20, 1970

287.383 License; issuance; qualifications; “good moral character” defined.

Sec. 3.

(1) The director shall issue a license to an applicant after determining:

(a) The applicant or the officers and directors thereof are of good moral character.

(b) The applicant or any officer or director thereof has never been convicted of cruelty to animals or a violation of this act.

(c) An inspection has been made of the premises and the premises conform to this act and the rules of the agriculture commission, and are a suitable place in which to conduct the business.

(d) The business is to be conducted in a permanent structure or building.

(2) As used in subsection (1), "good moral character" means good moral character as defined and determined under Act No. 381 of the Public Acts of 1974, as amended, being sections 338.41 to 338.47 of the Michigan Compiled Laws.

History: 1969, Act 224, Eff. Mar. 20, 1970 ;-- Am. 1978, Act 303, Imd. Eff. July 10, 1978

287.384 Unlawful sale or transportation of animals; dealers' licenses needed.

Sec. 4.

It shall be unlawful for any dealer to sell or offer to sell or to transport to any research facility any dog or cat, or to buy, sell, offer to buy or sell, transport or offer for transportation to another dealer under this act any such animal, unless and until such dealer shall have obtained a license from the director in accordance with this act and such rules as the director may prescribe pursuant to this act, and such license shall not have been suspended or revoked.

History: 1969, Act 224, Eff. Mar. 20, 1970

287.385 Rules; promulgation.

Sec. 5.

The director is authorized to promulgate rules in accordance with Act No. 88 of the Public Acts of 1943, as amended, being sections 24.71 to 24.80 of the Compiled Laws of 1948, and subject to Act No. 197 of the Public Acts of 1952, as amended, being sections 24.101 to 24.110 of the Compiled Laws of 1948, as are necessary to govern the handling of dogs and cats by dealers and research facilities, to promote their health, well-being and safety.

History: 1969, Act 224, Eff. Mar. 20, 1970
Admin Rule: R 285.150.1 et seq. of the Michigan Administrative Code.

287.386 Identification or marking of dogs and cats.

Sec. 6.

All dogs and cats delivered for transportation, transported, purchased or sold to research facilities shall be marked or identified in such manner as the director may prescribe.

History: 1969, Act 224, Eff. Mar. 20, 1970

287.387 Research facilities and dealers; records of purchases, sales, transportation, and handling of animals for research; maintenance of compliance report.

Sec. 7.

(1) Research facilities and dealers shall make and maintain any records regarding the purchase, sale, transportation, and handling of dogs and cats for laboratory research, and research facilities shall maintain any report submitted under section 11a. A research facility shall maintain a report submitted under section 11a for 5 years.

(2) The department shall maintain and make available on its website a list of all research facilities operating in this state.

History: 1969, Act 224, Eff. Mar. 20, 1970 ;-- Am. 2023, Act 315, Eff. Feb. 13, 2024

287.388 Disposition of dogs or cats; time; notice; record; exceptions.

Sec. 8.

A dealer, a county, city, village, or township operating a dog pound or animal shelter shall not sell or otherwise dispose of a dog or cat within 4 days after its acquisition. If the dog or cat has a collar, license, or other evidence of ownership, the operator of the pound or shelter shall notify the owner in writing and disposition of the animal shall not be made within 7 days from the date of mailing the notice. Each operator of a pound or shelter shall be required to maintain a record on each identifiable dog or cat acquired, indicating a basic description of the animal, the date it was acquired and under what circumstances. The record shall also indicate the date of notice sent to the owner of an animal and subsequent disposition.

This section does not apply to animals which are sick or injured to the extent that the holding period would cause undue suffering, or to animals whose owners request immediate disposal.

History: 1969, Act 224, Eff. Mar. 20, 1970 ;-- Am. 1973, Act 31, Imd. Eff. June 14, 1973 ;-- Am. 1974, Act 132, Imd. Eff. May 29, 1974

287.388a Offering of laboratory animal for adoption; requirement; exception; animal protection shelter; written agreement; "Teddy's law".

Sec. 8a.

(1) Before euthanizing a laboratory animal no longer needed for laboratory research that the attending veterinarian, as that term is defined in 9 CFR 1.1, determines is suitable for adoption, a research facility shall offer the laboratory animal directly to its employees or to an animal protection shelter located in this state for adoption.

(2) A research facility that provides a former laboratory animal to an animal protection shelter may enter into a written agreement to carry out the purpose of subsection (1). A written agreement under this subsection may include an acknowledgment that the animal protection shelter accepts and takes responsibility for any and all risks that may be associated with the former laboratory animal and an agreement to waive the right to hold the research facility liable for behavioral or health issues.

(3) An animal protection shelter that places a laboratory animal received from a research facility under subsection (1) for adoption shall enter into a written agreement with the individual that adopts the former laboratory animal. A written agreement under this subsection must include an acknowledgment that the adopting individual understands that the animal was a former laboratory animal. A written agreement under this subsection may also require that the adopting individual accepts any and all risks that may be associated with the former laboratory animal and an agreement to waive the right to hold the animal protection shelter liable for behavioral or health issues.

(4) This section may be known as "Teddy's law".

History: Add. 2023, Act 315, Eff. Feb. 13, 2024

287.389 Sales by public auction or by weight; disposal of unclaimed dogs and cats, maximum price.

Sec. 9.

Dogs and cats shall not be offered for sale or sold to a research facility at public auction or by weight; or purchased by a research facility at public auction or by weight. A research facility shall not purchase any dogs or cats except from a licensed dealer, public dog pound, humane society, or from a person who breeds or raises dogs or cats for sale. Any county, city, village or township operating a dog pound or animal shelter may sell for an amount not to exceed $10.00 per animal or otherwise dispose of unclaimed or unwanted dogs and cats to a Michigan research facility.

History: 1969, Act 224, Eff. Mar. 20, 1970

287.390 License; suspension or revocation; grounds, notice, reinstatement.

Sec. 10.

(1) The license may be suspended or revoked by the director of agriculture for any of the following reasons:

(a) The incompetence or untrustworthiness of the holder.

(b) Wilful falsification of any matter or statement contained in the application.

(c) The licensee or any director or officer thereof has been convicted of cruelty to animals or a violation of the provisions of this act.

(d) The licensee does not conform to the provisions of this act or the rules of the agriculture commission.

(2) Written notice of the suspension or revocation shall be given by the director of agriculture within 10 days to the licensee.

(3) A person whose license has been suspended may apply, after 90 days from the date of the suspension, for reinstatement of the license.

History: 1969, Act 224, Eff. Mar. 20, 1970

287.391 Bill of sale; form.

Sec. 11.

The purchase of any dog or cat by the licensee or research facility shall be evidenced by a bill of sale signed by the seller. The bill of sale shall be a form approved by the director of agriculture and shall certify that the seller is the lawful owner of the dog or cat and that ownership is transferred to the licensee or research facility.

History: 1969, Act 224, Eff. Mar. 20, 1970

287.391a Annual compliance report.

Sec. 11a.

(1) By March 31 each year, a research facility that uses laboratory animals shall submit a report to, and on a form provided by, the department that includes an attestation of compliance with the requirements of this act.

(2) The department shall use the information provided on a report submitted under subsection (1) for purposes of determining compliance under section 8a and shall not make any information provided on the report available on the department's website.

History: Add. 2023, Act 314, Eff. Feb. 13, 2024

287.392 Violations, administrative hearing; penalties.

Sec. 12.

(1) Except as provided in subsections (2) and (5), a person that violates this act is guilty of a misdemeanor.

(2) If a research facility violates section 8a, the department, after notice and opportunity for a hearing under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, may impose an administrative fine as follows:

(a) If the violation involved 1 laboratory animal, a fine of not more than $1,000.00.

(b) If the violation involved 2 or 3 laboratory animals, a fine of not more than $2,000.00.

(c) If the violation involved 4 or more laboratory animals, but fewer than 10 laboratory animals, or the research facility has 1 prior violation under section 8a, a fine of not more than $3,000.00.

(d) If the violation involved 10 or more laboratory animals, but fewer than 25 laboratory animals, or the research facility has 2 prior violations under section 8a, a fine of not more than $5,000.00.

(e) If the violation involved 25 or more laboratory animals, or the research facility has 3 or more prior violations under section 8a, a fine of not more than $10,000.00.

(3) The department shall advise the attorney general of the failure of a person to pay an administrative fine under subsection (2). The attorney general shall bring an action to enforce compliance with sections 8a and 11a and recover an administrative fine under subsection (2), civil fine under subsection (5), actual costs and fees, and attorney fees. The court shall triple the administrative fine under subsection (2) as part of any monetary judgment, as applicable.

(4) An administrative fine collected under subsection (2) must be deposited into the laboratory animal fund created under section 12a.

(5) A research facility that fails to submit a report under section 11a is subject to a civil fine of not more than $2,500.00.

(6) One year after the effective date of the amendatory act that amended this section, the department may issue a warning for a violation of section 8a instead of imposing an administrative fine under subsection (2).

History: 1969, Act 224, Eff. Mar. 20, 1970 ;-- Am. 2023, Act 314, Eff. Feb. 13, 2024

287.392a Laboratory animal fund.

Sec. 12a.

(1) The laboratory animal fund is created within the state treasury.

(2) The state treasurer may receive the administrative fines collected under section 12(2) for deposit into the laboratory animal fund. The state treasurer may also receive money or other assets from any other source for deposit into the laboratory animal fund. The state treasurer shall credit to the laboratory animal fund interest and earnings from fund investments.

(3) Money in the laboratory animal fund at the close of the fiscal year remains in the laboratory animal fund and does not lapse to the general fund.

(4) The department is the administrator of the laboratory animal fund for auditing purposes. The department shall expend money from the laboratory animal fund to administer sections 8a, 11a, and 12.

History: Add. 2023, Act 314, Eff. Feb. 13, 2024

287.393 Dealers or facilities; responsible for acts of agents or employees.

Sec. 13.

When construing or enforcing the provisions of this act, the act, omission or failure of any individual acting for or employed by a research facility or a dealer within the scope of his employment or office shall be deemed the act, omission or failure of such research facility or dealer as well as of such individual.

History: 1969, Act 224, Eff. Mar. 20, 1970

287.394 Effect on other acts.

Sec. 14.

The provisions of this act shall be in addition to and not in contravention of the provisions of Act No. 339 of the Public Acts of 1919, as amended, being sections 287.261 to 287.290 of the Compiled Laws of 1948.

History: 1969, Act 224, Eff. Mar. 20, 1970

287.395 Repeal.

Sec. 15.

Act No. 282 of the Public Acts of 1966, being sections 287.361 to 287.375 of the Compiled Laws of 1948, is repealed.

History: 1969, Act 224, Eff. Mar. 20, 1970

FEEDING OF GARBAGE TO SWINE
Act 173 of 1953
287.401-287.409 Repealed. 1998, Act 387, Imd. Eff. Nov. 24, 1998.

THE VETERINARY PRACTICE ACT
Act 152 of 1956
287.451-287.474 Repealed. 1978, Act 368, Eff. Sept. 30, 1978.

ANIMAL TECHNICIANS
Act 151 of 1975
287.481-287.488 Repealed. 1978, Act 368, Eff. Sept. 30, 1978.

COMMERCIAL FEED ACT
Act 242 of 1959
287.501-287.519 Repealed. 1975, Act 120, Imd. Eff. June 26, 1975.

FEED LAW
Act 120 of 1975
AN ACT to license and regulate the manufacture and distribution of commercial feeds; to require fees; to prescribe penalties; and to repeal certain acts and parts of acts.

History: 1975, Act 120, Imd. Eff. June 26, 1975
Compiler's Notes: Enacting section 1 of Act 83 of 2015 provides:"Enacting section 1. R 285.635.15, R 285.635.16, and R 285.635.17 of the Michigan administrative code are rescinded."

The People of the State of Michigan enact:

287.521 Short title.

Sec. 1.

This act shall be known and may be cited as the "feed law".

History: 1975, Act 120, Imd. Eff. June 26, 1975 ;-- Am. 2015, Act 83, Eff. Oct. 1, 2015

287.522 Administration of act.

Sec. 2.

This act shall be administered by the director of the department of agriculture and rural development.

History: 1975, Act 120, Imd. Eff. June 26, 1975 ;-- Am. 2015, Act 83, Eff. Oct. 1, 2015

287.523 Definitions.

Sec. 3.

As used in this act:

(a) "AAFCO official publication" means the document entitled "2015 Official Publication", as published by the Association of American Feed Control Officials.

(b) "Animal" means any vertebrate animal, other than human beings, including mammals, birds, fish, reptiles, and amphibians, and any domesticated insect.

(c) "Animal feed" means edible material that is consumed by an animal and contributes energy, nutrients, or both, to the animal's diet.

(d) "Brand" means a word, name, symbol, or device, or a combination of any of these that identifies the commercial feed of a manufacturer or distributor and distinguishes it from that of other manufacturers or distributors.

(e) "Bulk" or "in bulk" means feed that is not divided into parts or packaged in separate units or any lot that is not in a closed container at the time it passes to the possession of the purchaser and includes that feed at any stage of distribution.

(f) "Cease order" means a cease order issued by the director pursuant to section 15.

(g) "Commercial feed" means all materials or combination of materials, including feed ingredients, that are distributed or intended for distribution for use as animal feed or for mixing in animal feed. Commercial feed does not include any of the following:

(i) Unmixed whole seeds or physically altered entire unmixed seeds, if both of the following conditions are met:

(A) The seeds are not chemically changed.

(B) The seeds are not adulterated within the meaning of section 8.

(ii) Commodities, including, but not limited to, hay, straw, stover, silage, cobs, and husks, that have undergone normal harvesting practices, that are not intermixed with other materials or chemically changed, and that are not adulterated within the meaning of section 8.

(iii) Individual chemical compounds that are not intermixed with other materials and are not adulterated within the meaning of section 8.

(iv) Feed provided to contract feeders that is manufactured by integrated operators that is not adulterated within the meaning of section 8.

(v) Unmixed meat, poultry, fish, and other portions of animal carcasses to be commercially sold in their raw or natural state without further processing or packaging, except freezing or denaturing, if both of the following conditions are met:

(A) The products are not adulterated within the meaning of section 8.

(B) The products are not intended as commercial feed or for use as a feed ingredient.

(vi) Feeder mice, other live feeder animals, and crickets that are not adulterated within the meaning of section 8.

(h) "Commission" means the commission of agriculture and rural development.

(i) "Contract feeder" means a person that is an independent contractor that feeds animals pursuant to a contract if the feed is supplied, furnished, or otherwise provided to the person.

(j) "Customer-formula feed" means commercial feed that consists of a mixture of commercial feeds or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser or purchaser's agent.

(k) "Department" means the department of agriculture and rural development.

(l) "Director" means the director of the department or the director's authorized representative.

(m) "Distribute" means either of the following:

(i) To offer for sale, hold for sale, sell, exchange, or barter commercial feed.

(ii) To supply, furnish, or otherwise provide commercial feed to a contract feeder or integrated operator.

(n) "Distributor" means a person that distributes.

(o) "Drug" means either of the following:

(i) Any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals.

(ii) Any article other than feed intended to affect the structure or a function of the animal body.

(p) "Embargo order" means an embargo order issued by the director pursuant to section 15.

(q) "Feed ingredient" means each of the constituent materials making up a commercial feed.

(r) "Food additive" means that term as defined in 21 USC 321(s).

(s) "Fund" means the feed control fund created in section 17.

(t) "Guarantor" means a person that agrees to be responsible for labeling, information, guarantees, and claims.

(u) "Integrated operator" means a person located within this state that manufactures animal feed for other integrated operators if there is a minimum of 5% ownership by all persons involved in each aspect of the operation that supply or share feed and ingredients.

(v) "Label" means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed or on the invoice or delivery slip with which a commercial feed is distributed.

(w) "Labeling" means all labels and other written, printed, electronic, or graphic matter, and includes advertising.

(x) "License" means a commercial feed license issued under this act.

(y) "Licensee" means a person that has been issued a license.

(z) "Local unit of government" means a county, township, city, or village.

(aa) "Manufacture" means to prepare, grind, mix, package, repackage, or relabel commercial feed for distribution.

(bb) "Manufacturer" means a person that manufactures.

(cc) "Noncommercial feed" means all materials or combination of materials, not distributed or intended for distribution, that are for manufacturing and use as feed or for mixing in feed. A person manufacturing noncommercial feed is not subject to licensing or tonnage fees under this act.

(dd) "Official sample" means a sample of feed taken by the director in accordance with section 7.

(ee) "Percent" or "percentage" means the percentage by weight.

(ff) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.

(gg) "Pet food" means any commercial feed prepared and distributed for consumption by dogs or cats.

(hh) "Product name" means the name of the commercial feed that identifies it as to kind, class, or specific use and distinguishes it from all other products bearing the same brand name.

(ii) "Quantity statement" means a writing containing the net weight of a solid or net weight or net volume of a liquid.

(jj) "Rule" means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(kk) "Seizure order" means a seizure order issued by the director pursuant to section 15.

(ll) "Sell" or "sale" means the exchange of ownership.

(mm) "Specialty pet" means any noncanine or nonfeline domesticated animal kept as a pet and normally confined to and maintained in a cage or tank within the owner's domicile, including, but not limited to, gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes, and turtles.

(nn) "Ton" means a net weight of 2,000 pounds avoirdupois.

History: 1975, Act 120, Imd. Eff. June 26, 1975 ;-- Am. 1980, Act 338, Imd. Eff. Dec. 23, 1980 ;-- Am. 2015, Act 83, Eff. Oct. 1, 2015 ;-- Am. 2018, Act 93, Imd. Eff. Mar. 26, 2018

287.524 Persons required to be licensed; application; fee; late fee; issuance of initial or renewal license; notice of incomplete application; display and expiration of license; labels; powers of director; refusing, conditioning, revoking, or suspending license; hearing; revoking or refusing to issue or renew license after hearing; licensed distributor and guarantor operating from out-of-state location; effect of license issued before October 1, 2015.

Sec. 4.

(1) Except as provided in subsection (2), the following persons shall obtain a license under this act:

(a) A manufacturer of commercial feed for each facility in this state used to manufacture commercial feed.

(b) A person, other than a manufacturer, that distributes commercial feed within this state or that serves as guarantor of commercial feed distributed within this state.

(2) The following persons are not required to obtain a license:

(a) A person that makes only retail sales of commercial feed that contains labeling or another approved indication that the commercial feed is from a licensed manufacturer, distributor, or guarantor that has assumed full responsibility for the inspection fee due under section 6.

(b) An on-farm mixer-feeder, if the person is not distributing feed commercially.

(d) A person that manufactures or distributes food that was originally intended for human consumption or other processed by-product that is intended for use as animal feed, is not exempt under section 3(g), and is not adulterated as defined in section 8, and that person distributes the food or other processed by-product only to a person holding a commercial feed license. The person holding a commercial feed license is responsible for ensuring the animal feed complies with the requirements of this act, including labeling under section 5 and the inspection fee under section 6.

(3) A person that wishes to obtain a license shall submit an application to the department on a form provided by or approved by the director and accompanied by a license fee payable to this state in the following amount:

(a) For a manufacturer, $100.00 for each manufacturing facility, except that the fee for a manufacturer that manufactures commercial feed in containers of 5 pounds or less is $25.00 for each manufacturing facility.

(b) For a distributor or guarantor whose name appears on the label, $100.00, except that the fee for a distributor or guarantor of commercial feed that is distributed in containers of 5 pounds or less is $25.00.

(4) A new applicant that fails to obtain a license within 30 calendar days after notification of the requirement to obtain a license, or any licensee that fails to comply with license renewal requirements by June 30, shall pay a $50.00 late fee in addition to the license fee.

(5) License fees and late fees collected under this section must be forwarded to the state treasurer for deposit into the fund.

(6) The director shall issue an initial or renewal license not later than 90 days after the applicant submits a complete application accompanied by the appropriate license fee. If the application is incomplete, the department shall notify the applicant within 60 days after the department receives the application.

(7) After approval by the director, a license must be furnished to the applicant. The license must be displayed prominently at each manufacturing facility used to manufacture commercial feed and must be available at the principal business office or the registered office of each distributor or guarantor.

(8) A license expires on June 30. A license is not transferable from 1 person to another, from 1 owner to another, or from 1 location to another.

(9) To determine compliance with this act and rules promulgated under this act, the director may require a current licensee or an applicant for a new license to submit labels or labeling being used or intended for use with a commercial feed.

(10) The director may do 1 or more of the following:

(a) Place conditions that limit the manufacture or distribution of a particular commercial feed on the license of any person found not in compliance with this act or the rules promulgated under this act.

(b) Refuse to license an applicant, or revoke or suspend the license of any person not in compliance with this act or the rules promulgated under this act.

(11) A license must not be refused, conditioned, revoked, or suspended until the licensee or applicant for a license is given the opportunity for a hearing pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(12) After a hearing is conducted pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, under subsection (11), the department may revoke or refuse to issue or renew a license if any of the following occurred within the 3 years preceding the date of the license application:

(a) A previous license issued under this act to a person with an ownership or management interest in the new operation was revoked due to the adulteration of commercial feed under section 8 or a violation of section 9.

(b) The applicant, a manager employed by the applicant, or any other individual with management responsibilities for the feed manufacturing operation of the applicant was convicted of any felony involving fraud, conversion, or embezzlement.

(c) The applicant's license under the federal food, drug, and cosmetic act, 21 USC 301 to 399h, registration under 21 USC 350d, or commercial feed license in another state was revoked or canceled because of a violation of the respective act.

(13) Each distributor and guarantor holding a license that operates from a business location outside this state shall do either of the following:

(a) Continuously maintain in this state a registered office and a resident agent, which agent may be an individual resident in this state whose business office or residence is identical with the registered office, a domestic corporation or limited liability company, or a foreign corporation or limited liability company authorized to transact business in this state and having a business office identical with the registered office. The licensee shall file with the department the name, address, and telephone number of the resident agent and shall maintain and make available records required by this act.

(b) Maintain and make available to the department records required by this act and pay all costs incurred by the department in auditing the records if they are held at an out-of-state location.

(14) A license issued before October 1, 2015, remains in effect until July 1, 2016, subject to revocation or suspension as otherwise provided in this act. Beginning July 1, 2016, all persons required to obtain a license under this section shall obtain a license as provided in this section.

History: 1975, Act 120, Imd. Eff. June 26, 1975 ;-- Am. 2015, Act 83, Eff. Oct. 1, 2015 ;-- Am. 2018, Act 93, Imd. Eff. Mar. 26, 2018

287.525 Commercial feed; label; document for customer-formula feed; information.

Sec. 5.

(1) Commercial feed must be labeled as follows:

(a) Each container of commercial feed, except a customer-formula feed, must be accompanied by a label with the following information in legibly printed form:

(i) The quantity statement of the contents.

(ii) The product name and brand name, if any.

(iii) The guaranteed analysis stated in those terms as the director by rule determines is required to advise the user of the composition of the feed or to support claims made in the labeling. The substances or elements must be determinable by laboratory methods such as the methods published by AOAC International.

(iv) The common or usual name of each ingredient used in the manufacture of the commercial feed. However, the director may do either or both of the following:

(A) By rule, permit the use of a collective term for a group of ingredients that perform a similar function.

(B) Exempt commercial feeds, or any group of commercial feeds, from the requirement of this subparagraph if the director finds that the information required is not in the interest of purchasers.

(v) The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed.

(vi) Directions for use for all commercial feeds containing drugs and for other feeds the director by rule requires as necessary for their safe and effective use.

(vii) Precautionary statements that the director determines by rule are necessary for the safe and effective use of the commercial feed.

(viii) If a drug product is used, both of the following:

(A) The purpose of the medication.

(B) The established name of each active drug ingredient and the level of each drug used in the final mixture expressed in accordance with rules prescribed as necessary by the director.

(ix) The date of manufacture, processing, packing, or repacking, or a code that permits the determination of the date or enables the segregation of specific lots of feed if the director finds segregation is necessary for the enforcement of this act. Tag perforations, notches, and other similar markings are not suitable codes for the purpose of identifying specific lots of feed unless they can be translated into an alphanumeric code without the use of special tools.

(2) A commercial feed, except a customer-formula feed, distributed in bulk, must be accompanied by a label in accordance with subsection (1), and the label must be presented to the purchaser or the purchaser's agent or affixed to the purchaser's storage container at the time of delivery of the commercial feed.

(3) Bulk commercial feed held for further manufacturing or distribution must be labeled in such a manner that its identity and traceability are maintained at all times.

(4) A customer-formula feed must be accompanied by a label, invoice, delivery slip, or other shipping document that contains the following information:

(a) The name and address of the manufacturer.

(b) The name and address of the purchaser.

(d) The product name.

(e) A quantity statement of the lot or lots delivered.

(f) If a drug product is used, both of the following:

(i) The purpose of the medication.

(ii) The established name of each active ingredient and the level of each drug used in the final mixture expressed in accordance with rules promulgated, as necessary, by the director.

(5) The following information related to a customer-formula feed must be sent to the purchaser upon delivery, or within 1 business day, by electronic means, such as electronic mail or facsimile:

(a) The product name and quantity statement for each commercial feed and each other ingredient used in the mixture.

(b) Adequate directions for use for all commercial feeds containing drugs and for other feeds as necessary for their safe and effective use if required by rule.

History: 1975, Act 120, Imd. Eff June 26, 1975 ;-- Am. 2015, Act 83, Eff. Oct. 1, 2015 ;-- Am. 2018, Act 93, Imd. Eff. Mar. 26, 2018

287.526 Inspection fee per ton; payment; filing statement of tonnage and fees; failure to comply with section; disclosure of information.

Sec. 6.

(1) An inspection fee of $0.30 per ton must be paid on commercial feed distributed in this state by the person whose name appears on the label as the manufacturer, guarantor, or distributor, except that a person other than the manufacturer, guarantor, or distributor may assume responsibility for the inspection fee, subject to the following:

(a) If more than 1 person is involved in the distribution of commercial feed, the last person that is required to be licensed and that distributes to a nonlicensee is responsible for reporting the tonnage distributed and paying the inspection fee.

(b) A fee will not be paid on customer-formula feed if the inspection fee is paid on the commercial feeds that are used as ingredients within the customer-formula feed.

(d) The inspection fee is $0.15 per ton on feed ingredients that are by-products of manufacturing processes and have a moisture content equal to or greater than 60%.

(2) Each person liable for paying the inspection fee under subsection (1) shall do both of the following:

(a) File annually, by the last day of July, a statement, stating the number of tons of commercial feed distributed in this state during the preceding July 1 to June 30 period. The inspection fee and tonnage must be reported on forms furnished or approved by the director. Payments due of less than $5.00 are waived, and refunds of less than $5.00 will not be processed unless requested in writing. For any report not filed with the department by the due date, a penalty of $50.00 or 10% of the amount due, whichever is greater, will be assessed. The assessment of this penalty fee does not prevent the department from taking other actions as provided in this act.

(b) Maintain records for 2 years to accurately indicate the commercial feed tonnage distributed in this state. The director may examine the records to verify statements of tonnage.

(3) Failure to make an accurate statement of tonnage, pay the inspection fee, or comply with this section constitutes sufficient cause for suspending a distributor license.

(4) Unless disclosure is required for the enforcement of this act, the information furnished under this section is private or nonpublic, is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not be disclosed by an employee of the department in any manner that divulges the business operations of a licensee required by this section to make a report.

History: 1975, Act 120, Imd. Eff. June 26, 1975 ;-- Am. 1980, Act 338, Imd. Eff. Dec. 23, 1980 ;-- Am. 2015, Act 83, Eff. Oct. 1, 2015 ;-- Am. 2018, Act 93, Imd. Eff. Mar. 26, 2018

287.527 Entry and inspection of operations; powers of director; refusal to permit entry or inspection; warrant; maintenance of laboratory to analyze, test, and examine commercial feed; forwarding of results to licensee; official sample as guide in determination of deficient animal feed.

Sec. 7.

(1) For the purpose of enforcing and determining compliance with this act, including whether or not any operations are subject to this act, the director may do 1 or more of the following:

(a) Enter, during normal business hours, any factory, warehouse, or any other establishment within this state in which commercial feeds or noncommercial feeds are stored, manufactured, or held for distribution or enter any vehicle being used to transport or hold the commercial or noncommercial feeds.

(b) Inspect at reasonable times and within reasonable limits and in a reasonable manner any factory, warehouse, or any other establishment or vehicle and all pertinent equipment, finished and unfinished commercial or noncommercial feeds or feed ingredients, containers, and labeling therein. A noncommercial feed inspection shall be with permission and based on cause. The inspection may include sampling of feed and feed ingredients and the verification of only the records and production and control procedures as are necessary to determine compliance with this act.

(c) Enter any vehicle of transport during regular business hours to access and obtain samples, and examine records relating to distribution of feed for the enforcement of this act. Subject to subsection (2), entry upon farm premises shall not be made without permission of the landowner or the operator of the farm and based on cause.

(2) If the owner of any factory, warehouse, or establishment described in subsection (1), or the owner's agent, refuses permission to enter or inspect in accordance with subsection (1), the director may obtain from any state court a warrant directing the owner or owner's agent to submit the premises described in the warrant to inspection.

(3) The director may maintain a laboratory with equipment and personnel necessary to effectively analyze, test, and examine commercial feeds subject to this act and the rules promulgated under this act. Sampling and analysis shall be conducted in accordance with methods published by AOAC International or in accordance with other generally recognized methods.

(4) The results of official analyses of all samples of animal feed found to be in violation of this act or the rules promulgated under this act shall be forwarded to the licensee. The owner or agent from the place of sampling may request a copy of the official results. The licensee may request a portion of a sample if the request is made not more than 60 days after the date of receipt of the analysis report.

(5) The director, in determining for administrative purposes whether an animal feed is deficient in any component, shall be guided by the official sample.

History: 1975, Act 120, Imd. Eff. June 26, 1975 ;-- Am. 2015, Act 83, Eff. Oct. 1, 2015

287.528 Commercial feed or material considered to be adulterated.

Sec. 8.

A commercial feed or material described in section 3(g)(i) to (vi) shall be considered to be adulterated if any of the following conditions exist:

(a) It bears or contains any poisonous or deleterious substance that may render the feed injurious to health. However, if the substance is not an added substance, the commercial feed is not considered adulterated under this section if the quantity of the substance does not ordinarily render the commercial feed injurious to health.

(b) It bears or contains any added poisonous, added deleterious, or added nonnutritive substance that is unsafe under 21 USC 346a, except for the following:

(i) A pesticide chemical in or on a raw agricultural commodity.

(ii) A food additive.

(d) It is, or it bears or contains, any food additive that is unsafe under 21 USC 348.

(e) It is, or it bears or contains, a new animal drug, or conversion product thereof, that is unsafe under 21 USC 360b.

(f) It is, or it bears or contains, any color additive that is unsafe under 21 USC 379e.

(g) It consists in whole or in part of any filthy, putrid, or decomposed substance or it is otherwise unfit for feed.

(h) It has been prepared, packed, held, or transported under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health.

(i) It is, in whole or in part, the product of a diseased animal or of an animal that has died other than by slaughter, which is unsafe under 21 USC 342(a)(1) or (2).

(j) Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health.

(k) It has been intentionally subjected to radiation, unless the use of the radiation was in conformity with the regulation or exemption in effect pursuant to 21 USC 348.

(l) It is, or it bears or contains, any substance prohibited from use in animal food or feed as provided in 21 CFR 589.

(m) It contains viable prohibited or restricted noxious weed seeds in amounts exceeding the limits established by rule.

(n) It is inferior or is damaged, and the inferiority or damage has been concealed.

(o) Any substance has been added or mixed or packed with it so as to deceptively increase its bulk or weight, reduce its quality or strength, or make it appear better or of greater value than it is.

(p) Any valuable constituent has been in whole or in part omitted or abstracted from the feed or any less valuable substance is substituted within the feed.

(q) Its composition or quality falls below or differs from that purported or represented on its label.

(r) It contains a drug defined as a veterinary feed directive in 21 CFR 558.3 and does not conform to the requirements of 21 CFR 558.6.

(s) It contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, packing, or holding do not conform to rules promulgated by the director to assure that the drug meets the requirement of this act as to safety and has the purported or represented identity, strength, quality, and purity.

(t) It violates current good manufacturing practice regulations under 21 CFR 225.1 to 225.202 for medicated feeds and for medicated premixes, regulations under 21 CFR 226.1 to 226.115.

History: 1975, Act 120, Imd. Eff. June 26, 1975 ;-- Am. 1976, Act 236, Imd. Eff. Aug. 4, 1976 ;-- Am. 2015, Act 83, Eff. Oct. 1, 2015

287.529 Commercial feed considered to be misbranded.

Sec. 9.

A commercial feed is considered to be misbranded and in violation of this act if any of the following occur:

(a) Its labeling is false or misleading in any particular.

(b) It is distributed under the name of another commercial feed.

(d) It purports to be or is represented as a commercial feed, or it purports to contain or is represented as containing a commercial feed ingredient, unless the commercial feed or feed ingredient conforms to the definition prescribed by rule by the director.

(e) A word, statement, or other information required by or under authority of this act to appear on the label or labeling is not prominently placed on the commercial feed with the conspicuousness as compared with other words, statements, designs, or devices in the labeling and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

History: 1975, Act 120, Imd. Eff. June 26, 1975 ;-- Am. 2015, Act 83, Eff. Oct. 1, 2015

287.530 Recall of adulterated or misbranded commercial feed; notification.

Sec. 10.

A manufacturer that voluntarily recalls a commercial feed that has been introduced into channels of trade beyond its control, and that supports the conclusion that the feed processed by the manufacturer is adulterated or misbranded in a manner that creates an unreasonable risk to animals or to the public health, shall immediately notify the director of the recall and the reasons for the recall. The notification may be oral if it is followed by a written notice to the director. Information or a statement exclusively derived from notification required under this section, except for information contained in records required to be maintained under this act, shall not be used as evidence in a proceeding brought against the person pursuant to this act with respect to a violation of law occurring prior to or concurrently with the notification. The notification required by this section shall contain a clear description of the adulterated or misbranded feed, an evaluation of the risk related to the feed, and a statement of the measures to be taken to protect animals or the public from the risk.

History: 1975, Act 120, Imd. Eff. June 26, 1975 ;-- Am. 2015, Act 83, Eff. Oct. 1, 2015

287.531 Rules.

Sec. 11.

The director may promulgate rules necessary to implement this act.

History: 1975, Act 120, Imd. Eff. June 26, 1975 ;-- Am. 2015, Act 83, Eff. Oct. 1, 2015
Admin Rule: R 285.505.1 and R 285.635.1 et seq. of the Michigan Administrative Code.

287.532 Implementation of act; agreements; reports.

Sec. 12.

(1) The director may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations to implement this act.

(2) The director may publish a report of gross tonnage of feed sold or distributed in this state annually or more often as may be desirable.

(3) The director may annually publish a report of official sample analyses results of commercial feed sold within this state as compared with the analyses guaranteed on each respective product label.

History: 1975, Act 120, Imd. Eff. June 26, 1975 ;-- Am. 2015, Act 83, Eff. Oct. 1, 2015

287.533 Manufacture or distribution of commercial feed; requirements.

Sec. 13.

A person manufacturing or distributing commercial feed shall comply with all of the following:

(a) The requirements in 21 CFR 558.6 for a veterinary feed directive drug as defined in 21 CFR 558.3.

(b) The requirements in 21 CFR 589.1 to 589.2001 for prohibited mammalian protein.

(i) The regulation prescribing good manufacturing practices for type B and type C medicated feeds in 21 CFR 225.1 to 225.202.

(ii) The regulations prescribing good manufacturing practices for type A medicated articles in 21 CFR 226.1 to 226.115.

(d) The requirements in 21 CFR part 507 for good manufacturing practices and preventive controls for animal food.

History: 1975, Act 120, Imd. Eff. June 26, 1975 ;-- Am. 2015, Act 83, Eff. Oct. 1, 2015 ;-- Am. 2018, Act 93, Imd. Eff. Mar. 26, 2018

287.534 Prohibited acts.

Sec. 14.

A person shall not do or shall not cause any of the following:

(a) Manufacture or distribute any commercial feed that is adulterated or misbranded.

(b) Adulterate or misbrand any commercial feed.

(c) Distribute agricultural commodities such as whole grain, whole seed, hay, straw, stover, silage, cobs, and husks, that are adulterated within the meaning of section 8. Upon prior approval by the director, commodities described in this subdivision may be distributed if reworked to acceptable levels for safe use to be fed to animals.

(d) Remove or dispose of, without authorization from the director, commercial feed subject to a seizure order.

(e) Fail or refuse to obtain a license required under section 4.

(f) Fail to make records available, furnish reports, permit the examination of records, or pay an inspection fee as required under section 6.

(g) Refuse, or cause another person to refuse, to permit entry, inspection, sampling, or examination and copying of production and distribution records and production and control procedures authorized under section 7.

(h) Provide false information in a matter pertaining to this act or resist, impede, or hinder the director or authorized representatives in the discharge of their duties.

(i) Violate section 16(8).

(j) Violate a rule promulgated under section 11.

(k) Reuse bags, totes, or other containers for animal feed, including customer-formula feeds, unless the container has always been used and restricted to use within a commercial licensed facility, or is in, on, or upon a portable device and can be filled without entering the manufacturing facility. Containers that have been used to directly feed livestock, such as tubs, troughs, licks, or other containers, must not be refilled with feed.

History: 1975, Act 120, Imd. Eff. June 26, 1975 ;-- Am. 2015, Act 83, Eff. Oct. 1, 2015 ;-- Am. 2018, Act 93, Imd. Eff. Mar. 26, 2018

287.535 Administrative orders; correction of violation; costs; damages; finding of nuisance; storage of seized commercial feed as risk to animal or human health; "nuisance" defined.

Sec. 15.

(1) The following administrative orders may be issued by the director to enforce this act:

(a) A cease order in compliance with this subdivision. When the director has probable cause to believe that a commercial feed operation is manufacturing or distributing adulterated or misbranded feed or fails to comply with this act or any of the rules promulgated under this act, the director may at any time order the responsible party to cease manufacturing or distributing commercial feed entirely or with limitations. The cease order may be either oral or written and shall inform the manufacturer, distributor, or other seller of the reason for the order. An oral cease order shall be followed by a written cease order as follows:

(i) Upon receipt of the cease order, the responsible party shall immediately comply with the order. Failure to comply subjects the responsible party to the penalties imposed under section 16.

(ii) The director shall rescind the cease order immediately upon being satisfied by inspection that the order has been complied with. An inspection may be conducted as soon as possible at the oral or written request of the responsible party. The rescission may be oral, and the responsible party may rely on the oral rescission. However, an oral rescission shall be followed by a written rescission.

(b) A seizure order in compliance with this subdivision. When necessary for the enforcement of this act, the director may seize without formal warrant any commercial feed being distributed in violation of this act or rules promulgated under this act as follows:

(i) The director may issue and enforce a written seizure order when the director finds or has probable cause to believe that commercial feed is unlicensed, adulterated, or misbranded, fails to meet guarantees, or is being distributed in violation of this act or rules promulgated under this act. When the director issues a seizure order, the distributor must hold the lot of commercial feed at the location where the seizure order was issued and not dispose of the lot of commercial feed in any manner until permission is given by the director.

(ii) The director shall release the lot of seized commercial feed when this act and the rules promulgated under this act have been complied with. If compliance is not obtained within 30 days, the director may, or, upon request of the licensee, shall, begin administrative proceedings for disposal or other use of the commercial feed.

(c) An embargo order in compliance with this subdivision. If the director finds or has probable cause to believe that any commercial feed is adulterated or misbranded or poses a threat to animal or human health, the director may issue an embargo order on the commercial feed product. A person shall not remove or dispose of the commercial feed that is subject to an embargo order until permission for removal or disposal is given by the director or a court of competent jurisdiction.

(2) If proper processing or relabeling will correct a violation of this act, the commercial feed may be delivered to the licensee for processing or relabeling under the supervision of the director.

(3) A licensee that is not in compliance with this act is responsible for all costs incurred in reprocessing or relabeling the commercial feed intended to correct the violation and is responsible for all costs involved in the transportation and disposal of any commercial feed not in compliance with this act. Disposal shall be in a manner consistent with the quality of the commercial feed and the laws of this state.

(4) A court shall not allow the recovery of damages by a person against whom an administrative action was brought resulting in an order requiring seizure or embargo of commercial feed if the court finds that there was probable cause for the action or order.

(5) If the director finds any adulterated feed that the director declares to be a nuisance, the director shall immediately condemn, destroy, or in any other manner render the feed unsaleable as commercial feed. If adulterated or misbranded feed is a nuisance or is fraudulent and requires the director's supervision, or if the feed establishment requests the supervision of the director for sorting, destruction, reconditioning, or other disposition, the feed establishment that is in possession of the feed at the time of the seizure or embargo is liable for the costs of that supervision.

(6) If storage of seized commercial feed is not possible without risk to animal or human health, the director shall order immediate destruction of the feed to be accomplished without delay by the owner, operator, or person in charge of the feed establishment. The feed shall be destroyed as specified in the order for destruction.

(7) As used in this section, "nuisance" means animal feed that is adulterated to the extent that it constitutes an impending danger to the health, safety, or welfare of humans or animals.

History: 1975, Act 120, Imd. Eff. June 26, 1975 ;-- Am. 2015, Act 83, Eff. Oct. 1, 2015

287.536 Violation of act or rules; administrative fine; warning; penalty; injunction; protection of information as trade secret; civil action; affirmative defense; liability; restitution.

Sec. 16.

(1) A person that violates this act or rules promulgated under this act is subject to the penalties and remedies provided in this act regardless of whether the person acted alone or through an employee or agent.

(2) Upon a finding by the director, after notice and an opportunity for an administrative hearing, that a person has violated or attempted to violate this act or a rule promulgated under this act, the director may impose an administrative fine of not more than $1,000.00 for each violation or attempted violation.

(3) If the director finds that a violation or attempted violation has occurred despite the exercise of due care or did not result in significant harm to human or animal health or the environment, or if the director believes the public interest will best be served, the director may issue a warning instead of imposing an administrative fine.

(4) The director shall advise the attorney general of the failure of a person to pay an administrative fine imposed under this section. The attorney general shall bring an action in a court of competent jurisdiction to recover the administrative fine.

(5) A person that violates or attempts to violate this act or a rule promulgated under this act is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $5,000.00, or both, for each violation or attempted violation, in addition to any administrative fines imposed.

(6) A person that knowingly and with malicious intent violates or attempts to violate this act or a rule promulgated under this act is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $25,000.00, or both, for each offense.

(7) The director may bring an action to enjoin a violation or threatened violation of this act or a rule promulgated under this act in a court of competent jurisdiction in the county in which the violation occurs or is about to occur.

(8) A person that uses to his or her own advantage or reveals to a person, other than the director, officers of the department, the attorney general, or the department of treasury, or the courts when relevant in any judicial proceeding, any information acquired under this act concerning any method, record, formulation, or process that as a trade secret is entitled to protection, is guilty of a misdemeanor punishable by imprisonment for not more than 90 days and shall be fined not less than $500.00. This prohibition does not prohibit the director from exchanging information of a regulatory nature with appointed officials of the United States government, or of other states, who are similarly prohibited by law from revealing this information.

(9) The attorney general may file a civil action for a violation of this act. A person that violates this act or a rule promulgated under this act may be ordered to pay a civil fine of not more than $5,000.00 for each violation or attempted violation. In addition, the attorney general may bring an action in circuit court to recover the reasonable costs of the investigation from any person that violated this act or attempted to violate this act. Money recovered under this subsection shall be forwarded to the state treasurer for deposit into the fund.

(10) As an affirmative defense of an action filed under this section, in addition to any other lawful defense, a person may present evidence that, at the time of the alleged violation or attempted violation, the person was in compliance with this act and the rules promulgated under this act.

(11) A person that violates this act is liable for all damages sustained by a purchaser of a product sold in violation of this act. In an enforcement action, a court, in addition to other remedies or penalties provided by law, may order restitution to a person injured by the purchase of a product sold in violation of this act.

History: Add. 2015, Act 83, Eff. Oct. 1, 2015

287.537 Feed control fund.

Sec. 17.

(1) The feed control fund is created within the state treasury.

(2) The state treasurer shall receive for deposit in the fund all fees, administrative or civil fines, and payments for the costs of investigations incurred by the director collected under this act. In addition, the state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.

(3) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.

(4) The department shall be the administrator of the fund for auditing purposes.

(5) The director shall expend money from the fund, upon appropriation, only for 1 or more of the following purposes:

(a) The administration and enforcement of this act.

(b) Training programs and outreach and educational materials to ensure the proper use and handling of animal feed.

History: Add. 2015, Act 83, Eff. Oct. 1, 2015

287.538 Actions by local unit of government.

Sec. 18.

(1) Except as otherwise provided in this section, this act preempts any local ordinance, regulation, or resolution that would in any manner duplicate, extend, revise, contradict, or conflict with the provisions of this act. Except as otherwise provided in this section, a local unit of government shall not adopt, maintain, or enforce an ordinance, regulation, or resolution that in any manner duplicates, extends, revises, contradicts, or conflicts with this act.

(2) If a local unit of government is under contract with the department to act as its agent or the local unit of government has received prior written authorization from the department, that local unit of government may adopt an ordinance that is identical to this act and rules promulgated under this act, except as prohibited in subsection (6). The local unit of government's enforcement response for a violation of the ordinance that involves the manufacturing, storage, distribution, sale, or agricultural use of products regulated by this act is limited to issuing a cease order in the manner prescribed in section 15.

(3) A local unit of government may adopt an ordinance prescribing standards different from those contained in this act and rules promulgated under this act and that regulates the manufacturing, storage, distribution, sale, or agricultural use of a product regulated by this act only under either or both of the following circumstances:

(a) The local unit of government has determined that unreasonable adverse effects on the environment or public health will otherwise exist within the local unit of government, taking into consideration specific populations within that local unit of government whose health may be adversely affected.

(b) The local unit of government has determined that the manufacturing, storage, distribution, sale, or agricultural use of a product regulated by this act within that unit of government has resulted or will result in the violation of other existing state or federal laws.

(4) An ordinance adopted under subsection (2) or (3) shall not conflict with existing state laws or federal laws. An ordinance adopted under subsection (3) shall not be enforced by a local unit of government until approved by the commission. The commission shall provide a detailed explanation of the basis of a denial within 60 days.

(5) Within 60 days after the legislative body of a local unit of government submits to the department a resolution identifying unreasonable adverse effects on the environment or public health as provided for in subsection (3)(a), the director shall hold a local public meeting to determine the nature and extent of unreasonable adverse effects on the environment or public health due to the manufacturing, storage, distribution, sale, or agricultural use of a product regulated by this act. Within 30 days after the local public meeting, the director shall issue a detailed opinion regarding the existence of unreasonable adverse effects on the environment or public health as identified by the resolution of the local unit of government.

(6) The director may contract with a local unit of government to act as its agent for the purpose of enforcing this act and the rules promulgated under this section. The director has sole authority to assess fees and license feed manufacturers and distributors.

(7) A local unit of government that adopts an ordinance under subsection (2) or (3) shall require persons enforcing the ordinance to comply with training and enforcement requirements determined appropriate by the director.

History: Add. 2015, Act 83, Eff. Oct. 1, 2015

287.539 Access to markets for commercial feed and commercial feed ingredients; application; certificate of free sale; fees; "certificate of free sale" defined.

Sec. 19.

(1) To facilitate continued access to markets for commercial feed and commercial feed ingredients, the department may do 1 or more of the following:

(a) At the request of a manufacturer or based upon records voluntarily supplied by a manufacturer, inspect, audit, or certify locations where commercial feed or commercial feed ingredients are manufactured in this state.

(b) Issue certificates of free sale under subsection (3).

(2) A manufacturer shall submit an application for a certificate of free sale on a form and in a manner prescribed by the department.

(3) The department shall grant or deny an application for a certificate of free sale within 10 business days after the department receives a completed application under subsection (2) and the application fee under subsection (4). If the department determines that the application meets the requirements of this act and the rules promulgated under this act, the department shall issue a certificate of free sale. If the department determines that the application does not meet the requirements of this act or the rules promulgated under this act, the department shall deny the application and send a written notice to the manufacturer stating the reasons for the denial.

(4) A manufacturer shall pay the department the following fees, as applicable:

(a) An application fee, $60.00.

(b) A duplicate copy of a certificate of free sale, $10.00.

(5) A fee collected under subsection (4) must be deposited in the feed control fund created in section 17.

(6) A certificate of free sale issued under this section is valid for 1 year.

(7) As used in this section, "certificate of free sale" means a document that is issued by the department that verifies that the commercial feed or commercial feed ingredient listed is manufactured in this state and is legally sold or distributed in this state and on the open market with the approval of the department.

History: Add. 2015, Act 83, Eff. Oct. 1, 2015 ;-- Am. 2022, Act 127, Imd. Eff. June 29, 2022

HUMANE SLAUGHTER OF LIVESTOCK
Act 163 of 1962
AN ACT to require humane methods of slaughter of livestock; to prescribe the powers and duties of the director of agriculture; and to fix penalties for violations.

History: 1962, Act 163, Eff. Mar. 28, 1963

The People of the State of Michigan enact:

287.551 Humane slaughter of livestock; definitions.

Sec. 1.

As used in this act:

(a) "Director" means the director of agriculture.

(b) "Person" means any individual, partnership, corporation or association doing business in this state, in whole or in part.

(d) "Livestock" means cattle, calves, sheep, swine, horses, mules, goats and any other animal which can or may be used in and for the preparation of meat or meat products.

(e) "Packer" means any person engaged in the business of slaughtering, or of manufacturing or preparing meat or meat products for sale, either by such person or others; or of manufacturing or preparing livestock products for sale by such person or others.

(f) "Stockyard" means any place, establishment or facility commonly known as a stockyard, conducted or operated for compensation or profit as a public market, consisting of pens or other enclosures, and their appurtenances, for the handling, keeping and holding of livestock for the purpose of sale or shipment.

(g) "Humane method" means either: (1) A method whereby the animal is rendered insensible to pain by mechanical, electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast or cut; or (2) a method in accordance with ritual requirements of any religious faith whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.

History: 1962, Act 163, Eff. Mar. 28, 1963

287.552 Humane slaughter of livestock; methods prohibited.

Sec. 2.

No slaughterer, packer or stockyard operator shall shackle, hoist or otherwise bring livestock into position for slaughter by any method which shall cause injury or pain.

History: 1962, Act 163, Eff. Mar. 28, 1963

287.553 Humane slaughter of livestock; exemptions.

Sec. 3.

No slaughterer, packer or stockyard operator shall bleed or slaughter any livestock except by a humane method. The director, by administrative order, may exempt from compliance with this act, for a period not to exceed 1 year after the effective date of this act, any slaughterer, packer or stockyard operator if he finds that an earlier compliance would cause such person an undue hardship.

History: 1962, Act 163, Eff. Mar. 28, 1963

287.554 Ritual slaughter.

Sec. 4.

Nothing in this act shall be construed to prohibit, abridge or in any way hinder the religious freedom of any person or group. Notwithstanding any other provision of this act, ritual handling or other preparation of livestock for ritual slaughter are exempted from the terms of this act. For the purposes of this section, the term "ritual slaughter" means slaughter in accordance with subsection (g) of section 1. To conform with the provisions and intent of this act, animals not previously rendered insensible, and to be slaughtered in accordance with a humane method as defined in subsection (g) of section 1, shall be slaughtered immediately following total suspension from the floor.

History: 1962, Act 163, Eff. Mar. 28, 1963

287.555 Rules and regulations; inhumane methods.

Sec. 5.

The director shall administer the provisions of this act. He shall promulgate and may from time to time revise rules and regulations in accordance with the provisions of Act No. 88 of the Public Acts of 1943, as amended, being sections 24.71 to 24.82 of the Compiled Laws of 1948, and subject to Act No. 197 of the Public Acts of 1952, as amended, being sections 24.101 to 24.110 of the Compiled Laws of 1948, which shall conform substantially to the rules and regulations promulgated by the secretary of agriculture of the United States pursuant to the federal humane slaughter act of 1958, Public Law 85-765, 72 Stat. 862, and any amendments thereto. The use of a manually operated hammer, sledge or poleax is declared to be an inhumane method of slaughter within the meaning of this act.

History: 1962, Act 163, Eff. Mar. 28, 1963

287.556 Violation of act; penalty.

Sec. 6.

Any person who violates any provision of this act shall be guilty of a misdemeanor.

History: 1962, Act 163, Eff. Mar. 28, 1963

SLAUGHTERHOUSES; EDIBLE RENDERING, WHOLESALE FABRICATING, PROCESSING, OR STORAGE ESTABLISHMENTS
Act 280 of 1965
287.571-287.582 Repealed. 2015, Act 210, Eff. Mar. 14, 2016.

BEEF INDUSTRY COMMISSION ACT
Act 291 of 1972
AN ACT relating to bovine meat animals; to create a beef promotion, consumer marketing, industry information, research and education program; to prescribe the powers and duties of the governing commission; to prescribe the method of obtaining moneys to implement and administer the provisions of the act; to provide for penalties; and to provide for termination of the program.

History: 1972, Act 291, Imd. Eff. Oct. 30, 1972

The People of the State of Michigan enact:

287.601 Short title.

Sec. 1.

This act shall be known and may be cited as the "beef industry commission act".

History: 1972, Act 291, Imd. Eff. Oct. 30, 1972

287.602 Definitions.

Sec. 2.

As used in this act:

(a) "Cattle" means ruminating and nonruminating bovine animals sold for slaughter, ruminating and nonruminating bovine animals produced in this state to be fed for slaughter, and ruminating and nonruminating bovine animals to be fed for slaughter and sold in this state more than 30 days after arrival in this state.

(b) "Commission" means the state beef industry commission.

(d) "Person" means a natural person, partnership, corporation, company, association, society, or trust, or other business unit or organization.

(e) "Market agency" means a person, including a producer, who sells, offers for sale, markets, distributes, trades, or processes cattle which have been purchased or acquired from a producer or other, or which is marketed on behalf of a producer, and includes meat packing firms and their agents which purchase or consign to purchase cattle. The owner or operator of a livestock sales yard is the exclusive market agency for sales made at that yard.

(f) "Producer" means a person who raises or feeds cattle for market.

(g) "Director" means the director of the state department of agriculture.

History: 1972, Act 291, Imd. Eff. Oct. 30, 1972 ;-- Am. 1983, Act 154, Imd. Eff. July 18, 1983

287.603 Commission; creation; appointment, qualifications, and terms of members; lists.

Sec. 3.

(1) The state beef industry commission is created within the department. The commission shall be composed of 11 members, 2 of whom shall be ex officio and without vote. The following voting members shall be appointed by the governor with the consent of the senate for terms of 3 years:

(a) Two members engaged in the raising, breeding, or growing of cattle or calves for beef production.

(b) Three members engaged in the feeding of cattle for beef production.

(d) One member who is an executive of a meat packing company which purchases cattle and processes beef.

(e) One member engaged in the operation of a public livestock marketing firm.

(f) One member engaged in retail sales of beef.

(2) One ex officio member shall be selected by the director and 1 by the chairperson of the animal science department of Michigan state university.

(3) The governor shall select a minimum of 2 of the members engaged in the feeding of cattle for beef production from a list submitted by the Michigan cattlemen's association, inc. The list submitted shall contain twice the number of names required to fill the available positions. The governor shall solicit similar lists of qualified candidates for other commission vacancies from appropriate industry organizations.

History: 1972, Act 291, Imd. Eff. Oct. 30, 1972 ;-- Am. 1983, Act 154, Imd. Eff. July 18, 1983 ;-- Am. 1984, Act 143, Imd. Eff. June 21, 1984

287.604 Commission; duties; compensation; personnel; contracts; appropriations; rules.

Sec. 4.

(1) The commission shall:

(a) Annually elect a chairperson, secretary, and treasurer from the members of the commission.

(b) Meet not less often than once each calendar quarter and at any other time as set by the chairperson or requested by 4 or more members.

(c) Receive and distribute funds, and make arrangements for financial affairs for these purposes including banking, accounting, and other services as needed.

(d) Prepare an annual report that shall include a full description of all activities of the commission including a detailed financial statement certified by the auditor general or a certified public accountant appointed by the auditor general. The report shall be given to the governor and the director and made available to the affected producers.

(2) Voting members of the commission shall receive $50.00 per day for each day spent in actual attendance at meetings of the commission and on other official activities approved by the commission, together with travel expense in accordance with standard travel regulations of the department of management and budget.

(3) The commission may employ personnel and enter into other contracts as necessary to carry out the commission's duties.

(4) The commission may make annual appropriations to the national livestock and meat board of not more than 50% of the money collected under this act.

(5) The commission may adopt procedures and promulgate rules necessary for the exercise of powers and the performance of duties under this act. The rules shall be promulgated pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws.

History: 1972, Act 291, Imd. Eff. Oct. 30, 1972 ;-- Am. 1976, Act 238, Imd. Eff. Aug. 4, 1976 ;-- Am. 1983, Act 154, Imd. Eff. July 18, 1983

287.605 Purposes and objectives of commission's program.

Sec. 5.

The program created and organized by this act is the state beef industry commission. The purposes and objectives of the commission's program may include but shall not be limited to:

(a) The promotion of the sale, use of beef and beef products in this state.

(b) The support of the beef promotion, research, education, consumer marketing and other activities of the national livestock and meat board.

(c) Conducting or contracting with an accredited university, college or other institution for scientific research on any or all phases of beef production and marketing or promotion.

(d) Dissemination of reliable information benefiting the consumer and the beef industry on such subjects as purchase, pricing, identification, care, cookery, serving, nutritive and economic value of beef and beef products.

(e) Functioning in a liaison capacity between the beef industry and other food industry of the state in matters which ultimately benefit both consumers and industry.

(f) Aiding in the development of practices within the industry tending to improve the quality of the air and waters of the state.

History: 1972, Act 291, Imd. Eff. Oct. 30, 1972

287.606 Assessments; collection; records; report; duties of market agency; commission expenses.

Sec. 6.

(1) The commission may make an assessment of not more than 1/10 of 1% of gross receipts from sale of all cattle raised or fed in the state and shall impose the assessment upon all producers. The assessment collected from each producer shall be used to defray the commission's program and administrative costs.

(2) All market agencies shall keep as a part of the permanent records a record of all purchases and sales which records shall be open for inspection at all times.

(3) Market agencies shall collect the assessments from the producers at no cost to the commission. Assessments collected by a market agency from a producer shall be held in trust for the commission in a separate account until transferred to the commission. The market agency is the trustee of the assessments until the transfer.

(4) Each market agency shall file a report with the commission stating the quantity of cattle received, sold, or shipped by the market agency on forms approved by the director and provided by the commission. The report prepared by the market agency shall be due at least once a month. With the filing of the report, the market agency shall pay to the commission the assessment provided for in this act. A producer who functions as a market agency shall be responsible for remitting assessment payments on that producer's own production of cattle.

(5) Except as otherwise provided in this subsection, the operational and administrative expenses of the commission shall be paid entirely by assessments collected under this act. Other state funds may be appropriated for expenses of a program under section 5. The commission may accept and expend money from sources other than state appropriations for achieving the purposes of section 5.

History: 1972, Act 291, Imd. Eff. Oct. 30, 1972 ;-- Am. 1983, Act 154, Imd. Eff. July 18, 1983

287.607 Failure to file report or pay assessment or falsification of information as misdemeanor; penalty; order to pay assessment; interest on unpaid assessment.

Sec. 7.

(1) A market agency or a producer which fails to file a report or to pay an assessment or which falsifies an affidavit, record, receipt, voucher, or other information required to be maintained by this act is guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 or imprisonment for not more than 90 days, or both. However, an offending party shall be allowed 30 days after an order to pay an assessment within which to pay the assessment. A penalty for a violation of this act shall not be imposed before this 30-day period expires.

(2) If an assessment is not paid when due, the assessment shall be subject to an 18% annual interest charge.

History: 1972, Act 291, Imd. Eff. Oct. 30, 1972 ;-- Am. 1983, Act 154, Imd. Eff. July 18, 1983

287.608 Enforcement of act; reimbursement.

Sec. 8.

Employees and agents of the department shall enforce this act. The commission shall reimburse the department in the enforcement of the act. Such funds received by the department are appropriated for the department's use.

History: 1972, Act 291, Imd. Eff. Oct. 30, 1972

287.609 Exemption of assessments prohibited; referendum; petition; ballots; costs; termination of programs; payment of debts; disposition of unexpended or unencumbered funds.

Sec. 9.

(1) An exemption shall not be made of an assessment required to be imposed under this act.

(2) After the first 5 full calendar years of operation the commission shall conduct a referendum to determine if the program shall be continued. The program shall be terminated only if, in a referendum, more than 50% of the affected producers who pay more than 50% of the assessments vote in favor of the program's termination.

(3) Upon written petition signed by 500 of the producers affected by the program during the previous calendar year, the director, within 100 days, shall conduct a referendum to determine if the marketing program shall be terminated. A program shall be terminated only if more than 50% of the affected producers who pay more than 50% of the assessments vote in favor of its termination.

(4) In a referendum, the director shall mail a ballot to each affected producer of record. Ballots shall also be made available through livestock sales yards, extension offices, and the commission upon request.

(5) The commission shall pay the costs of conducting a referendum.

(6) Upon termination of the program, the commission shall assure payment of all debts incurred by the program. Unexpended or unencumbered funds remaining in the account of the commission at the time of termination shall be paid into the state general fund.

History: 1972, Act 291, Imd. Eff. Oct. 30, 1972 ;-- Am. 1976, Act 238, Imd. Eff. Aug. 4, 1976 ;-- Am. 1978, Act 284, Imd. Eff. July 6, 1978 ;-- Am. 1983, Act 154, Imd. Eff. July 18, 1983

287.609a Veal producers; assessment; “veal” defined.

Sec. 9a.

(1) Veal producers who pay an assessment of at least 1/10 of 1% of gross receipts under a veal marketing program pursuant to Act No. 232 of the Public Acts of 1965, being sections 290.651 to 290.674 of the Michigan Compiled Laws, are exempt from this act.

(2) For the purposes of this section, "veal" means nonruminating bovine animals raised entirely on a formulated milk-soymilk ration.

History: Add. 1983, Act 154, Imd. Eff. July 18, 1983

287.610 Falsification of affidavits, records, receipts, or information.

Sec. 10.

A person who falsifies any affidavit, record, receipt, voucher or any information required to be maintained by this act is guilty of a misdemeanor.

History: 1972, Act 291, Imd. Eff. Oct. 30, 1972

BODIES OF DEAD ANIMALS
Act 239 of 1982
AN ACT to license and regulate animal food manufacturing plants, transfer stations, dead animal dealers, rendering plants, and certain vehicles; to regulate the disposal of dead animals and to provide for poultry and livestock composting; to prescribe powers and duties of certain state departments; to impose fees; to provide for remedies and to prescribe penalties; and to repeal acts and parts of acts.

History: 1982, Act 239, Eff. Oct. 1, 1982 ;-- Am. 1993, Act 228, Eff. Feb. 4, 1994 ;-- Am. 1998, Act 299, Imd. Eff. July 28, 1998

The People of the State of Michigan enact:

287.651 Meanings of words and phrases.

Sec. 1.

For the purposes of this act, the words and phrases defined in sections 3 and 4 have the meanings ascribed to them in those sections.

History: 1982, Act 239, Eff. Oct. 1, 1982

287.653 Definitions; A to F.

Sec. 3.

(1) "Active composting" means the accelerated decomposition of organic materials leading primarily to the production of carbon dioxide, water, heat, and compost.

(2) "Aeration" or "aerate" means the introduction of air into compost by using porous bulking agents, agitating, turning, mixing, forcing air through open ended perforated pipes embedded in compost, or other method provided for by rule.

(3) "Anaerobic digester" means a system designed to facilitate the production of methane from anaerobic microbial digestion of animal or food waste, including dead animals.

(4) "Animal" means mollusks, crustaceans, and vertebrates other than human beings.

(5) "Animal food manufacturing plant" means an establishment at which animal or pet food is produced through the slaughtering, boning, grinding, cooking, canning, or freezing of dead animals.

(6) "Batch" means compost accumulated in a planned period of time.

(7) "Biofilter cap" means a layer of fresh bulking agent placed over a pile.

(8) "Bulking agent" means a material added to compost to provide nutrients, decrease bulk density, promote aeration, and remove heat.

(9) "Compost leachate" means any liquid leaving compost by running off of the surface of the pile or flowing downward through the pores of the pile.

(10) "Composting structure" means a structure designed and built for the sole purpose of composting organic material and dead animals.

(11) "Curing" means the period of time after active composting when further decomposition occurs at a slow rate.

(12) "Dead animals" means restaurant grease and the bodies, any part of the bodies, or any material produced from the bodies of animals that have been slaughtered or have died from any other cause and are not intended for human food. Dead animals do not include a finished product that has been processed by an approved method.

(13) "Dead animal dealer" means a person that procures and transports dead animals to or from a facility licensed under this act.

(14) "Decharacterize" means a procedure that renders dead animals unfit for human consumption.

(15) "Denature" means a procedure that imparts a distinctive color, odor, or taste to dead animals so that the bodies are unfit for human consumption or cannot be used for animal or pet food unless properly rendered.

(16) "Department" means the department of agriculture.

(17) "Director" means the director of the department of agriculture or his or her authorized representative.

(18) "Effluent" means any liquid leaving compost by running off the surface of the pile and flowing downward through the pores of the pile.

(19) "Facility" means any of the following:

(a) An animal food manufacturing plant.

(b) A rendering plant.

(20) "Fresh" means bulking agents of plant origin that have not been mixed with any animal tissue, product, or excrement and have limited odor-producing potential.

History: 1982, Act 239, Eff. Oct. 1, 1982 ;-- Am. 1993, Act 228, Eff. Feb. 4, 1994 ;-- Am. 1998, Act 299, Imd. Eff. July 28, 1998 ;-- Am. 2005, Act 66, Imd. Eff. July 7, 2005 ;-- Am. 2008, Act 311, Imd. Eff. Dec. 18, 2008

287.654 Definitions; G to T.

Sec. 4.

(1) "Grinding" means the mechanical reduction of intact or whole animal tissues into smaller pieces.

(2) "Groundwater" means that term as defined in section 8303 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8303.

(3) "Normal natural daily mortality" means dead animals generated as a result of the ordinary death loss or tissue by-product accumulations associated with or as a result of the day-to-day operations of raising, keeping, and harvesting animals.

(4) "Person" means an individual, partnership, corporation, limited liability company, cooperative, association, joint venture, or other legal entity or 2 or more entities in contractual relationships.

(5) "Pile" means the mass or mound of compost within the forms of an open-pile, contained-pile within bin, or open-windrow.

(6) "Rendering plant" means an establishment for the reduction by cooking or processing of dead animals to tallow and meat scrap, cracklings, or other items unfit for human consumption.

(7) "Restaurant grease dealer" means a person who procures and transports cooking grease wastes from a restaurant.

(8) "Static" means a compost pile that is left to stand motionless or idle and does not include a rotating drum in-vessel compost digester.

(9) "Transfer station" means an establishment for the collection of dead animals that are to be transported to a facility licensed either under this act or the Michigan commercial feed law, 1975 PA 120, MCL 287.521 to 287.535.

History: 1982, Act 239, Eff. Oct. 1, 1982 ;-- Am. 1993, Act 228, Eff. Feb. 4, 1994 ;-- Am. 2005, Act 66, Imd. Eff. July 7, 2005

287.657 Establishment of business without license prohibited; exemptions; transportation of officially quarantined dead animals on public highway; permit; rules.

Sec. 7.

(1) Except as provided in section 9, a person shall not establish any of the following as a business without obtaining a license under this act:

(a) An animal food manufacturing plant.

(b) A dead animal dealer.

(d) A rendering plant.

(2) Notwithstanding any other provision of this act, a person shall not transport a dead animal on a public highway if the animal has been officially quarantined by the director. The director may issue a permit for the transport of animals officially quarantined by the director under special security rules promulgated by the department.

History: 1982, Act 239, Eff. Oct. 1, 1982 ;-- Am. 1993, Act 228, Eff. Feb. 4, 1994

287.659 License; exemptions.

Sec. 9.

All of the following are exempt from obtaining a license under this act:

(a) A restaurant grease dealer who is licensed under part 121 (liquid industrial wastes) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being sections 324.12101 to 324.12118 of the Michigan Compiled Laws.

(b) A landfill that is licensed by the department of natural resources under part 115 (solid waste management) of Act No. 451 of the Public Acts of 1994, being sections 324.11501 to 324.11549 of the Michigan Compiled Laws.

(c) A person, and any vehicle used by a person, who is licensed under Act No. 173 of the Public Acts of 1953, being sections 287.401 to 287.409 of the Michigan Compiled Laws.

(d) A person who is licensed under the Michigan commercial feed law, Act No. 120 of the Public Acts of 1975, being sections 287.521 to 287.535 of the Michigan Compiled Laws, who manufactures or processes only decharacterized or denatured dead animals.

(e) A person and any vehicle that is used by a person to transport dead animals, as follows:

(i) To a laboratory for diagnosis.

(ii) To an incinerator approved by state and local authorities.

(iii) To a licensed facility, by the original owner of the animal at the time of the animal's death.

(iv) Dead animals that have been released by authorized meat inspection personnel for educational or research purposes.

(v) Dead animals that are naturally unfit for human consumption, including but not limited to, hoofs, horns, and hides in their natural state.

(vi) For use in preparing pharmaceutical, organotherapeutic, or technical products and not for use as human food.

History: 1982, Act 239, Eff. Oct. 1, 1982 ;-- Am. 1993, Act 228, Eff. Feb. 4, 1994 ;-- Am. 1996, Act 65, Imd. Eff. Feb. 26, 1996

287.661 Application for license; form; filing; fee; renewal; application of dead animal dealer license; specification of destination; annual license application fee; issuance or denial of license; inspection; standards; license fee not returnable.

Sec. 11.

(1) An application for a license, in a form prescribed by the department, shall be filed with the department and accompanied by the annual license application fee as provided in subsection (3).

(2) A person shall apply to renew a license to the department on or before September 30 for the next fiscal year. Applications for renewal of a license required by this act for a facility or vehicle are delinquent 31 days after the due date, and a delinquent fee of $25.00 shall be assessed in addition to the appropriate license application renewal fee. All money collected under this section shall be appropriated to the department and expended to administer this act.

(3) The application for a dead animal dealer license shall specify the destinations of the dead animals, which shall be a facility licensed in this or another state. If the destination is a facility licensed in another state, the applicant shall include a certified copy of the license for that facility with the application.

(4) The annual license application fee is as follows:
(a) For a rendering plant............................	$	375.00
(b) For an animal food manufacturing plant...........	$	200.00
(c) For a dead animal dealer.........................	$	100.00
(d) For a transfer station...........................	$	100.00
(e) For each vehicle used to transport dead animals..	$	25.00

(5) Within a reasonable period of time after receipt of a license application, the director shall inspect the facility or vehicle. If the director determines that the facility or vehicle that is to be utilized under a license conforms to standards prescribed by this act and rules promulgated under this act, the director may issue a license. The application for a license may be denied if standards established in this act or by rules promulgated under this act are not met.

(6) The department shall not return a license fee or portion of a license fee to an applicant regardless of whether a license is issued or denied.

History: 1982, Act 239, Eff. Oct. 1, 1982 ;-- Am. 1993, Act 228, Eff. Feb. 4, 1994

287.663 License denial; notice; hearing; request for second inspection.

Sec. 13.

(1) The department shall notify an applicant of the reasons for a license denial. The notice shall specify the deficiencies that must be corrected in order for a license to be issued. The applicant shall be afforded an opportunity for a hearing on the denial.

(2) Without filing a second application under this section, an applicant may request a second inspection after the specified deficiencies have been corrected. The department shall not make more than 2 inspections of the same facility or vehicle per application.

History: 1982, Act 239, Eff. Oct. 1, 1982 ;-- Am. 1993, Act 228, Eff. Feb. 4, 1994

287.665 Rules.

Sec. 15.

The department shall promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, regarding the following:

(a) The construction and operation of a facility licensed under this act.

(b) Vehicles used for the transportation of dead animals.

(c) Methodology for active composting to include, but not be limited to, methodology regarding passively aerated static piles, mechanically or forced aerated static piles, windrow piles, and contained or in-vessel systems.

(d) Conditions for active composting to include, but not be limited to, recommended conditions regarding moisture content, carbon-to-nitrogen ratio, bulking agent particle size, animal tissue density, composting density, temperature ranges, and pH ranges.

(e) Parameters regarding grinding, including, but not limited to, pile form and shape, pile slumping, and the presence of large intact bones after composting.

(f) Methods for effluent containment and prevention of its movement into groundwater and surface water.

(g) The accommodation of normal natural daily mortality and system capacity for accommodation of both active composting and curing.

(h) Control of odor and pest or vermin infestation of piles with biofilter caps or as otherwise provided by rule.

(i) The generation of adequate records involving composting.

(j) A system of annual nutrient-content analysis.

(k) The final disposition of finished compost.

(l) Methodology for the anaerobic digestion of organic materials.

287.667 Repealed. 1993, Act 228, Eff. Feb. 4, 1994.

Compiler's Notes: The repealed section pertained to vehicles used for transportation of dead animals.

287.669 Inspection of facility, vehicle, and composting; suspension or revocation of license; hearings; alternative methods authorized by director; operation under common ownership or management; report of increase in mortality.

Sec. 19.

(1) The director may inspect each facility and vehicle licensed under this act, and each location where composting of dead animals occurs as often as necessary to maintain the standards adopted in this act or in the rules promulgated under this act.

(2) The director may suspend or revoke a license issued under this act if a licensee violates this act or the rules promulgated under this act. The director shall conduct suspension or revocation administrative hearings pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(3) The director may authorize by rule alternative methods of composting of dead animals for emergency, commercial, research, or other applications.

(4) Dead animals resulting from normal natural daily mortality intrinsic to an animal operation under common ownership or management may be composted together if the methods comply with the requirements of this act and all rules applicable to those methods as promulgated under section 15.

(5) Composting methods shall be used to compost only the normal natural daily mortality associated with a animal production unit under common ownership or management. Any increase in normal natural daily mortality, due to any cause known or unknown, shall be reported to the director immediately, and any dead animals resulting from that increase in normal natural daily mortality shall not be composted without permission of the director.

History: 1982, Act 239, Eff. Oct. 1, 1982 ;-- Am. 1993, Act 228, Eff. Feb. 4, 1994 ;-- Am. 1998, Act 299, Imd. Eff. July 28, 1998 ;-- Am. 2005, Act 66, Imd. Eff. July 7, 2005

287.671 Dead animals; transfer from 1 vehicle to another; disposal; exceptions.

Sec. 21.

(1) Dead animals, except if contained in a drum, barrel, or similar container, shall be transferred from 1 vehicle to another only at a licensed facility.

(2) All dead animals, except as provided in subsection (3), shall be disposed of within 24 hours after death by any of the following:

(a) Burial not less than 2 feet below the natural surface of the ground according to rules promulgated under this act.

(b) Burning in an appropriate licensed or permitted incinerator in compliance with part 55 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.5501 to 324.5542. Residue from the burning process shall be disposed of by burial as provided in subdivision (a) or in a manner approved by the director.

(d) Procuring the services of a licensed dead animal dealer.

(e) Procuring the services of a licensed rendering plant.

(f) Procuring the services of a licensed animal food manufacturing plant.

(3) The following dead animals are not subject to the requirements of subsection (2):

(a) Small mammals, deer, and birds taken under the authority of a damage and nuisance animal control permit issued by the Michigan department of natural resources pursuant to part 401 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.40101 to 324.40119.

(b) Small mammals, cervidae, and birds, that are road kill.

(c) Dead animals kept in secured temporary cold storage of 4.5 degrees Celsius, 40 degrees Fahrenheit, or below for a maximum of 7 days or frozen and securely stored at minus 11 degrees Celsius, 0 degrees Fahrenheit, or below for a maximum of 30 days.

(d) Restaurant grease.

(e) Dead animals used as specimens at educational institutions.

History: 1982, Act 239, Eff. Oct. 1, 1982 ;-- Am. 1993, Act 228, Eff. Feb. 4, 1994 ;-- Am. 1996, Act 65, Imd. Eff. Feb. 26, 1996 ;-- Am. 1998, Act 299, Imd. Eff. July 28, 1998 ;-- Am. 2005, Act 66, Imd. Eff. July 7, 2005

287.673 Dead animals transported to licensed facility for production into animal or pet food; decharacterizing or denaturing; container label; preventing diversion of dead animals for use as human food; advertising.

Sec. 23.

(1) Except when transported in a vehicle meeting the requirements of rules promulgated under section 15, dead animals transported from a licensed facility to another licensed facility for production into animal or pet food shall be decharacterized or denatured and the facility shall label the container as inedible. The label also shall state both of the following:

(a) In letters not less than 3 inches high, that the material is not intended for human consumption.

(b) The name and address of the licensee.

(2) A license holder shall take all reasonable precautions to prevent the dead animals from being diverted for use as human food.

(3) Unless licensed under this act, a person shall not advertise involvement or participation in the business of transporting and disposing of dead animals.

History: 1982, Act 239, Eff. Oct. 1, 1982 ;-- Am. 1993, Act 228, Eff. Feb. 4, 1994 ;-- Am. 1998, Act 299, Imd. Eff. July 28, 1998

287.675 Repealed. 1993, Act 228, Eff. Feb. 4, 1994.

Compiler's Notes: The repealed section pertained to reports on abnormality or irregularity in animal health.

287.677 Rules.

Sec. 27.

The department shall promulgate rules to implement and enforce this act. The rules shall be promulgated in accordance with the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.328 of the Michigan Compiled Laws.

History: 1982, Act 239, Eff. Oct. 1, 1982 ;-- Am. 1993, Act 228, Eff. Feb. 4, 1994
Admin Rule: R 287.651 et seq. of the Michigan Administrative Code.

287.678 Request for administrative hearing by aggrieved person; administrative fine or warning.

Sec. 28.

(1) A person aggrieved by an order issued by the department under this act may request an administrative hearing pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(2) After notice and an opportunity for a hearing and upon a finding that a person has violated a provision of this act, the director may impose an administrative fine of not more than $1,000.00 for each violation. If the director finds that a violation occurred despite the exercise of due care or if the violation did not result in significant harm to human health or to the environment, the director may issue a warning rather than an administrative fine.

History: Add. 1998, Act 299, Imd. Eff. July 28, 1998

287.679 Violation of act as misdemeanor or felony; penalties; civil actions.

Sec. 29.

(1) A person who violates this act or a rule promulgated under this act is guilty of a misdemeanor punishable by a fine of not less than $300.00 or imprisonment of not less than 30 days, or both.

(2) A person who is convicted of violating this act or a rule promulgated under this act 3 or more times is guilty of a felony punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.

(3) Any person authorized by the director to enforce the animal health laws of the state may issue an appearance ticket, as described and authorized by sections 9a to 9g of chapter 4 of the code of criminal procedure, 1927 PA 175, MCL 764.9a to 764.9g, for any violation of this act.

(4) Notwithstanding the provisions of this act, the department may bring an action in a court of competent jurisdiction to do 1 or both of the following:

(a) Obtain a declaratory judgment that a method, act, or practice is a violation of this act or a rule promulgated under this act.

(b) Obtain an injunction against a person who is engaging in, or is about to engage in, a method, act, or practice that violates this act or a rule promulgated under this act. Venue in an action brought under this subdivision is the county in which the person is engaging in, or is about to engage in, the method, act, or practice.

(5) In addition to the other actions provided for in this act, the director may bring a civil action in a court of competent jurisdiction through the department of the attorney general for the violation of this act or a rule promulgated under this act. If the court determines that a violation has occurred, the court may impose a civil fine of not more than $5,000.00 for each violation.

(6) The director shall advise the department of the attorney general of the failure of a person to pay an administrative or civil fine imposed under this act. The department of the attorney general shall bring a civil action in a court of competent jurisdiction to recover this fine.

(7) In addition to any other defense available under law, a person may present as a defense to an administrative or civil action brought under this section and section 28 evidence that at the time of the alleged violation he or she was in compliance with this act and rules promulgated under this act.

(8) Applicable provisions of the revised judicature act of 1961, 1961 PA 236, MCL 600.101 to 600.9948, apply to civil actions brought under this act.

History: 1982, Act 239, Eff. Oct. 1, 1982 ;-- Am. 1993, Act 228, Eff. Feb. 4, 1994 ;-- Am. 1998, Act 299, Imd. Eff. July 28, 1998

287.681 Repeal of MCL 287.231 to 287.241.

Sec. 31.

Act No. 226 of the Public Acts of 1929, being sections 287.231 to 287.241 of the Compiled Laws of 1970, is repealed.

History: 1982, Act 239, Eff. Oct. 1, 1982

287.683 Effective date.

Sec. 33.

This act shall take effect October 1, 1982.

History: 1982, Act 239, Eff. Oct. 1, 1982

ANIMAL INDUSTRY ACT
Act 466 of 1988
AN ACT to authorize and require the appointment of a state veterinarian within the department of agriculture and rural development; to protect the human food chain and the livestock industry of this state through prevention, control, and eradication of infectious or toxicological diseases of livestock and other animals; to prevent the importation of certain nonindigenous animals under certain circumstances; to safeguard the human population from certain diseases that are communicable between animals and humans; to prevent or control the contamination of animals with certain toxic substances through certain animals or animal products; to provide for indemnification for livestock under certain circumstances; to provide for certain powers and duties for certain state agencies and departments; to provide for the promulgation of rules; to provide for certain hearings; to provide for remedies and penalties; and to repeal acts and parts of acts.

History: 1988, Act 466, Eff. Mar. 28, 1989 ;-- Am. 1994, Act 41, Imd. Eff. Mar. 14, 1994 ;-- Am. 1996, Act 369, Imd. Eff. July 3, 1996 ;-- Am. 2019, Act 132, Eff. Feb. 19, 2020

The People of the State of Michigan enact:

287.701 Short title; scope and construction of act.

Sec. 1.

(1) This act shall be known and may be cited as the "animal industry act".

(2) This act is intended to protect the health and safety of humans and the health, safety, and welfare of animals and to be consistent with applicable federal and state laws and shall be so construed.

History: 1988, Act 466, Eff. Mar. 28, 1989 ;-- Am. 2000, Act 323, Imd. Eff. Oct. 31, 2000 ;-- Am. 2019, Act 132, Eff. Feb. 19, 2020
Compiler's Notes: R 287.710 of the Michigan Administrative Code, which referred to equine infectious anemia, was rescinded by enacting section 2 of 2000 PA 323, Eff. Jan. 1, 2001.

287.702 Meanings of words and phrases.

Sec. 2.

For the purposes of this act, the words and phrases defined in sections 3 to 6 have the meanings ascribed to them in those sections.

History: 1988, Act 466, Eff. Mar. 28, 1989

287.703 Definitions; A to W.

Sec. 3.

As used in this act:

(a) "Accredited veterinarian" means a veterinarian approved by the administrator of the United States Department of Agriculture, Animal and Plant Health Inspection Service in accordance with 9 CFR part 161, and considered preapproved to perform certain functions of federal and cooperative state/federal programs.

(b) "Animal" means mollusks, crustaceans, and vertebrates other than human beings including, but not limited to, livestock, exotic animals, aquaculture species, and domestic animals.

(c) "Animal movement certificate" means animal movement authorization established in a manner approved and issued by the director that contains, at a minimum, the following information regarding animals or an animal:

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

(ii) Official identification.

(iii) Anticipated movement date.

(iv) Any required official test results.

(d) "Animal welfare" means the well-being of animals based upon animal husbandry, animal science, and veterinary science practices and standards.

(e) "Approved laboratory" means a state, federal, or private veterinary diagnostic laboratory approved by the United States Department of Agriculture, Animal and Plant Health Inspection Service, veterinary services, to conduct approved official laboratory tests for a specific reportable animal disease.

(f) "Approved vaccine" means a veterinary biological as described in 9 CFR subchapter E that is administered to livestock or other animals to induce immunity in the recipient and approved by the state veterinarian.

(g) "Aquaculture" means the propagation and rearing of aquaculture species on the approved list of aquaculture species under the Michigan aquaculture development act, 1996 PA 199, MCL 286.871 to 286.884, in controlled or selected environments. Aquaculture includes, but is not limited to, the culturing, producing, growing, using, propagating, harvesting, transporting, importing, exporting, or marketing of aquaculture products.

(h) "Aquaculture facility" means that term as defined in the Michigan aquaculture development act, 1996 PA 199, MCL 286.871 to 286.884.

(i) "Aquaculture lot" means a group of aquatic animals that share approximately the same risk of exposure to a pathogenic agent or toxin within a defined location due to common management or sharing a common aquatic environment.

(j) "Aquaculture species" means that term as defined in the Michigan aquaculture development act, 1996 PA 199, MCL 286.871 to 286.884.

(k) "Autogenous veterinary biological" means all bacteria, viruses, serums, toxins, or analogous products from a specific herd that are custom-made with herd-specific antigens.

(l) "Carcasses" means the dead bodies of domestic animals. Carcasses do not include rendered products.

(m) "Cattle" means all bovine (genus bos) animals, bovinelike animals (genus bison) also commonly referred to as American buffalo or bison, and any cross of these species unless otherwise specifically provided.

(n) "Commingling" means concurrently or subsequently sharing or subsequent use by livestock or other domestic animals of the same pen or same section in a facility or same section in a transportation unit where there is physical contact or contact with bodily excrements, aerosols, or fluids from other livestock or domestic animals.

(o) "Consignee" means a person receiving animals at the point of destination named on an official interstate or intrastate health certificate, official interstate certificate of veterinary inspection or animal movement certificate, entry authorization form, fish disease inspection report, owner-shipper statement, or sales invoice.

(p) "Consignor" means a person moving animals from a point of origin named on an official interstate or intrastate health certificate, official interstate certificate of veterinary inspection or animal movement certificate, entry authorization form, fish disease inspection report, owner-shipper statement, or sales invoice.

(q) "Dealer" means a person required to be licensed under 1937 PA 284, MCL 287.121 to 287.131, and engaged in the business of buying, receiving, selling, exchanging, transporting, negotiating, or soliciting the sale, resale, exchange, transportation, or transfer of livestock.

(r) "Department" means the department of agriculture and rural development.

(s) "Direct movement" means transfer of animals to a destination without unloading the animals en route.

(t) "Director" means the director of the department or his or her authorized representative.

(u) "Disease" means any animal health condition with potential for economic impact, public or animal health concerns, or food safety concerns.

(v) "Disease free zone" means an area in this state with a defined dimension determined by the director to be free of a specific reportable animal disease.

(w) "Distribute" means to deliver other than by administering or dispensing a veterinary biological.

(x) "Domestic animal" means a species of animal that lives under the husbandry of humans.

(y) "Equidae" means all animals of the equine family and includes horses, asses, jacks, jennies, hinnies, mules, donkeys, burros, ponies, and zebras.

(z) "Exhibition or exposition" means a congregation, gathering, or collection of animals that are presented or exposed to public view for show, display, swap, exchange, entertainment, educational event, instruction, advertising, or competition. Exhibition or exposition does not include livestock for sale at public stockyards, auctions, saleyards, or livestock yards licensed under 1937 PA 284, MCL 287.121 to 287.131.

(aa) "Exhibition facility" means a facility used or intended to be used for public view, show, display, swap, exchange, entertainment, advertisement, educational event, or competition involving animals. Exhibition facility does not include a public stockyard, an auction saleyard, or an animal yard where animals are accepted on consignment and the auction method is used in the marketing of the animals.

(bb) "Exhibitor" means a person that presents an animal for public display, exhibition, or competition or enters an animal in a fair, show, exhibition, or exposition.

(cc) "Exotic animal" means a species of animal that is not native to the United States.

(dd) "Fair" means a competition and educational exhibition of agricultural commodities and manufactured products for which premiums may be paid.

(ee) "Feral swine" means swine that have lived their life or any part of their life as free roaming.

(ff) "Fish disease inspection report" means a document prepared by a fish health laboratory approved by the director, a veterinarian, or a fish health official giving evidence of inspections and diagnostic work performed.

(gg) "Fish health official" means a veterinarian or a fish health specialist approved by the director who is responsible for conducting aquaculture facility inspections and issuing fish disease inspection reports.

(hh) "Flock" means all of the poultry on 1 premises or, in the discretion of the department, a group of poultry that is segregated from all other poultry on the same premises.

(ii) "Garbage" means any animal origin products, including those of poultry and fish origin, or other animal material resulting from the handling, processing, preparation, cooking, or consumption of foods. Garbage includes, but is not limited to, any refuse of any type that has been associated with any such material at any time during the handling, preparation, cooking, or consumption of food. Garbage does not include rendered products or manure.

(jj) "Genetically engineered" refers to an organism whose genome, chromosomal or extrachromosomal, is modified permanently and heritably using recombinant nucleic acid techniques, or the progeny thereof.

(kk) "Grade" means an animal for which no proof of registration with an appropriate breed registry is provided.

(ll) "Herd" means an isolated group of livestock maintained on common ground for any purpose, or 2 or more groups of livestock under common ownership or supervision that are geographically separated but that have an interchange or movement of livestock without regard to health status as determined by the director.

(mm) "Herd or flock of origin" means any herd or flock in which animals are born and remain until movement or any herd or flock in which animals remain for at least 30 days immediately following direct movement into the herd or flock from another herd or flock. Herd or flock of origin includes the place of origin, premises of origin, and farm of origin.

(nn) "High-risk area" means an area in this state that has a defined dimension determined by the director in which a specific reportable animal disease has been diagnosed in domesticated animals.

(oo) "Infectious disease" means a disorder caused by an organism, including, but not limited to, a bacteria, virus, fungus, parasite, prion, or analogous organism, and that can be directly or indirectly passed from animal to animal.

(pp) "Infected zone" means an area in this state that has a defined dimension determined by the director in which a specific reportable animal disease is present in animals and separated from a disease-free zone by a surveillance zone.

(qq) "Intrastate movement" means movement from 1 premises to another within this state.

(rr) "Isolated" means the physical separation of animals by a physical barrier or geographical distance in such a manner that other animals do not have access to the isolated animals' bodies, excrement, aerosols, or discharges, as approved by the director.

(ss) "Law enforcement agency" means the department of state police, the department of natural resources, a law enforcement agency of a county, township, city, or village, or a tribal law enforcement agency that is responsible for the prevention and detection of crime and enforcement of the criminal laws of this state.

(tt) "Livestock" means those species of animals used for human food or for fiber or those species of animals used for service to humans. Livestock includes, but is not limited to, cattle, sheep, new world camelids, old world camelids, goats, bison, privately owned cervids, ratites, swine, equids, poultry, aquaculture species, and rabbits. Livestock does not include dogs or cats.

(uu) "Livestock auction market" means a livestock market where livestock is accepted on consignment and the auction method is used in the marketing of consigned livestock as defined in 1937 PA 284, MCL 287.121 to 287.131.

(vv) "National Poultry Improvement Plan" means a plan for the control or eradication of certain poultry diseases that is published in 9 CFR parts 56, 145, 146, and 147.

(ww) "Native" means an animal born and raised in this state, or legally imported into this state and having complied with entry requirements prescribed by the director, and having been maintained in this state for at least 30 days.

(xx) "New world camelids" means animals belonging to the genus llama and vicuna of the family camelidae of the order artiodactyla including, but not limited to, the llama, alpaca, vicuna, and guanaco.

(yy) "Offal" means the waste parts resulting from the processing of animals, poultry, fish, and aquaculture species. Offal does not include rendered products.

(zz) "Official identification" means an identification ear tag, tattoo, electronic identification, or other identification approved by the United States Department of Agriculture or the department.

(aaa) "Official interstate health certificate" or "official interstate certificate of veterinary inspection" means a form in paper or electronic format approved by the director with a unique identifier that documents the information required under section 20 and that is issued for animals that are being imported to or exported from this state not more than 30 days prior to the importation or exportation of those animals. A photocopy of an official interstate health certificate or an official interstate certificate of veterinary inspection is considered an official copy if certified as a true copy by the issuing veterinarian or animal health official of the state of origin.

(bbb) "Official intrastate health certificate" or "official intrastate certificate of veterinary inspection" means a form in paper or electronic format approved by the director with a unique identifier that documents the information required under section 20 and that is issued for animals that are being moved within this state not more than 30 days prior to the movement of those animals. A photocopy of an official intrastate health certificate of veterinary inspection is considered an official copy if certified as a true copy by the issuing veterinarian or animal health official.

(ccc) "Official test" means a sample of specific material collected from an animal with official identification by an accredited veterinarian, state or federal veterinary medical officer, or other person authorized by the director and analyzed by a laboratory certified by the United States Department of Agriculture or the department to conduct the test, or a diagnostic injection administered and analyzed by an accredited veterinarian or a state or federal veterinary medical officer. An official test is conducted only by an accredited veterinarian or a state or federal veterinary medical officer except under special permission by the director.

(ddd) "Official vaccination" means a vaccination that the director has designated for a reportable animal disease, administered by an accredited veterinarian or a state or federal veterinary medical officer, and documented on a form supplied by the department.

(eee) "Old world camelid" means a Bactrian or an Arabian or dromedary camel.

(fff) "Originate" means the direct movement of animals from a herd or flock of origin.

(ggg) "Person" means an individual, partnership, corporation, cooperative, association, joint venture, or other legal entity including, but not limited to, contractual relationships.

(hhh) "Potential high-risk area" means an area in this state that has a defined dimension determined by the director in which a specific reportable animal disease has been diagnosed in wild animals.

(iii) "Poultry" means, but is not limited to, chickens, guinea fowl, turkeys, waterfowl, pigeons, doves, peafowl, and game birds that are propagated and maintained under the husbandry of humans.

(jjj) "Prior entry permit" means a code that is obtained from the department for specific species of animals imported into this state that is recorded on the official interstate health certificate, official interstate certificate of veterinary inspection, or fish disease inspection report before entry into this state.

(kkk) "Prior movement permit" means prior documented permission given by the director before intrastate movement of an animal.

(lll) "Privately owned cervid" means all species of the cervid family including, but not limited to, deer, elk, moose, and all other members of the family cervidae propagated and maintained under the husbandry of humans for the production of meat and other agricultural products, sport, exhibition, or any other purpose approved by the director. A privately owned cervid at large remains a privately owned cervid as long as it bears visible identification and is recovered by its owner within 48 hours after the time the cervid is discovered.

(mmm) "Pullorum-typhoid" means a disease of poultry caused by Salmonella pullorum or Salmonella gallinarum.

(nnn) "Pullorum-typhoid clean flock" means a flock that receives and maintains this status by fulfilling the requirements prescribed in the National Poultry Improvement Plan.

(ooo) "Quarantine" means enforced isolation of an animal or group of animals or restriction of movement of an animal or group of animals, equipment, feed and food products, or vehicles to or from any structure, premises, or area of this state, including the entirety of this state, determined by the director.

(ppp) "Ratite" means flightless birds having a flat breastbone without the keellike prominence characteristic of most flying birds. Ratites include, but are not limited to, cassowaries, kiwis, ostriches, emus, and rheas.

(qqq) "Reasonable assistance" means safely controlling an animal by corralling, stabling, kenneling, holding, tying, chemically restraining, or confining by halter or leash or crowding the animal in a safe and sensible manner so an examination or testing procedure considered necessary by the director can be performed.

(rrr) "Recombinant nucleic acid techniques" means laboratory techniques through which genetic material is isolated and manipulated in vitro and then inserted into an organism.

(sss) "Rendered products" means waste material derived in whole or in part from meat of an animal or other animal material and other refuse of any character that has been associated with any such material at any time during the handling, preparation, cooking, or consumption of food that has been ground and heat-treated to a minimum temperature of 170 degrees Fahrenheit for a minimum of 30 minutes to make products including, but not limited to, animal protein meal, poultry protein meal, fish protein meal, grease, or tallow. Rendered products also include bakery wastes, eggs, candy wastes, and domestic dairy products including, but not limited to, milk.

(ttt) "Reportable animal disease" means an animal disease on the current reportable animal disease list maintained by the state veterinarian that poses a serious threat to the animal industry, public health, or animal health.

(uuu) "Slaughter premises" means all facilities, buildings, structures, including all immediate grounds where slaughtering occurs under federal or state inspection, or otherwise authorized by the director.

(vvv) "Sow" means a female swine that has farrowed or given birth to or aborted 1 litter or more.

(www) "State veterinarian" means the chief animal health official of this state as appointed by the director under section 7, or his or her authorized representative.

(xxx) "Surveillance zone" means an area in this state that has a defined dimension determined by the director to be at risk for a specific reportable animal disease and is located adjacent and contiguous to an infected zone.

(yyy) "Swine" means any of the ungulate mammals of the family suidae.

(zzz) "Toxic substance" means a natural or synthetic chemical or radiologic material in concentrations that alone or in combination with other natural or synthetic chemicals presents a threat to the health, safety, or welfare of human or animal life or that has the capacity to produce injury or illness through ingestion, inhalation, or absorption through the body surface.

(aaaa) "Toxicological disease" means any condition caused by or related to a toxic substance.

(bbbb) "Veterinarian" means a person licensed to practice veterinary medicine under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, or under a state or federal law applicable to that person.

(cccc) "Veterinary biological" means all bacteria, viruses, serums, toxins, and analogous products of natural or synthetic origin, or products prepared from any type of genetic engineering, such as diagnostics, antitoxins, vaccines, live microorganisms, killed microorganisms, or the antigenic or immunizing components of microorganisms intended for use in the diagnosis, treatment, or prevention of diseases in animals.

(dddd) "Wild animal" means that term as defined in section 43508 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.43508.

History: 1988, Act 466, Eff. Mar. 28, 1989 ;-- Am. 1994, Act 41, Imd. Eff. Mar. 14, 1994 ;-- Am. 1996, Act 369, Imd. Eff. July 3, 1996 ;-- Am. 1998, Act 552, Imd. Eff. Jan. 27, 1999 ;-- Am. 2000, Act 323, Imd. Eff. Oct. 31, 2000 ;-- Am. 2002, Act 458, Imd. Eff. June 21, 2002 ;-- Am. 2019, Act 132, Eff. Feb. 19, 2020

287.703a Determination of extraordinary emergency; notice to governor; recommendations; proclamation of state emergency; emergency order.

Sec. 3a.

(1) If the director determines that a disease or condition in animals in this state poses an extraordinary emergency to the animal industry, public health, or human food chain of this state, the director shall notify the governor of the determination and the reasons for this determination. The director shall recommend to the governor the procedures the director considers necessary to eliminate the threat.

(2) Upon being notified, the governor may issue a proclamation declaring a state of emergency. After proclamation of a state of emergency by the governor, the governor may expedite necessary procedures to control the spread of, or to eradicate, the disease or condition.

(3) The director may develop, implement, and enforce a scientifically based extraordinary emergency order if the director determines that a delayed response to a specific reportable animal disease or condition in animals will cause a significant impact on animals, an animal industry, or public health. The extraordinary emergency order shall be specific and shall consider the impact on animals and product movement. An extraordinary emergency order shall not be in effect for more than 72 hours without notification to and advice from the impacted animal industry and in no case shall remain effective for longer than 6 months. The director shall act in consultation with the director of the department of health and human services if there is an extraordinary emergency causing a significant impact on public health.

History: Add. 2019, Act 132, Eff. Feb. 19, 2020

287.703b Scientifically based orders; requirements; revision or rescission of orders; enforcement; authority to enter into agreements.

Sec. 3b.

(1) The director may develop, implement, and enforce scientifically based orders. These orders may include requirements for testing, animal or premises identification, record keeping, premovement documentation, or on-farm management practices that must be completed before the movement of animals from any premises within this state, or between premises within this state.

(2) Before issuing an order described in subsection (1), the department shall comply with all of the following to ensure public notice and opportunity for public comment:

(a) The department shall develop scientifically based requirements with advice and consultation from the impacted animal industry and veterinary professionals.

(b) The department shall place the proposed requirements on the commission of agriculture and rural development agenda at least 1 month before final review and issuance of the order by the director. During the 1-month period described in this subdivision, written comments may be submitted to the director and the director shall hold at least 1 public hearing on the order within the affected areas.

(c) The department shall, at least 1 month before implementation of the order, place the proposed requirements in a media channel in each county within the area subject to the proposed requirements and at least 1 media channel having circulation outside of the area.

(3) The director may revise or rescind an order described in subsection (1). A revision or rescission described in this subsection shall comply with the requirements of subsection (2), unless the revision or rescission does not alter the boundary of a previously established zone.

(4) The director may create an order to establish high-risk areas, potential high-risk areas, a disease-free zone, an infected zone, or a surveillance zone based upon the finding of a reportable animal disease or scientifically based epidemiology and may consult with the appropriate state or federal department or agency in creating that order. The director shall notify the commission of agriculture and rural development and the impacted animal industry.

(5) The director may call upon a law enforcement agency to assist in enforcing the director's quarantines, orders, or any other provision of this act.

(6) If the director considers it a benefit to the health or condition of the animal industry in this state, the director may enter into agreements with the federal government, other state governments, tribal governments, or any other person to protect or enhance the growth of this state's animal industry or the human food chain.

History: Add. 2019, Act 132, Eff. Feb. 19, 2020

287.704-287.706 Repealed. 2019, Act 132, Eff. Feb. 19, 2020.

Compiler's Notes: The repealed sections pertained to definitions F to W.

287.707 State veterinarian as chief animal health official; appointment; qualifications; office facilities and laboratory services; powers and duties.

Sec. 7.

(1) The director must appoint an individual as state veterinarian who will be the chief animal health official of this state. The appointment shall be made in accordance with the rules of the state civil service commission. The individual appointed as state veterinarian must maintain a current license to practice veterinary medicine in this state and be federally accredited in this state by the United States Department of Agriculture. The state veterinarian must be skilled in the diagnosis, treatment, and control of infectious and toxicological diseases of animals. The state veterinarian must also be knowledgeable of state and federal laws as they relate to the intrastate, interstate, and international movement of animals.

(2) Office facilities and laboratory services for the investigation of infectious or toxicological diseases of animals shall be made available for the state veterinarian's use.

(3) Under the direction of the director, the state veterinarian shall do all of the following:

(a) Develop and enforce policy and supervise activities to carry out this act and other state and federal laws, rules, and regulations that pertain to the health and welfare of animals in this state on public or private premises.

(b) Serve as the authority for animal welfare oversight on livestock-related issues.

(c) Maintain a list of reportable animal diseases. The state veterinarian shall review and update the list annually and more often if necessary. When feasible and practical, the state veterinarian shall seek input from stakeholders for any changes in the list of reportable animal diseases.

(d) Develop and implement scientifically based surveillance and monitoring programs for reportable animal diseases when the director determines, with advice and consultation from the impacted animal industry and veterinary profession, that these programs would aid in the control or eradication of a specific reportable animal disease or strengthen the economic viability of the industry.

(e) Maintain a list of veterinary biologicals whose sale, distribution, use, or administration by any person is reported to the director when requested by the director within 10 working days after the sale, distribution, use, or administration. The state veterinarian shall review and update the list annually and more often if necessary.

(f) Promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, for the use of veterinary biologicals, including diagnostic biological agents.

(4) Unless otherwise prohibited by law, the state veterinarian may enter upon any public or private premises to enforce this act.

(5) The state veterinarian shall maintain requirements for the importation of animals into this state. When feasible and practical, the state veterinarian shall seek input from stakeholders for any changes in importation requirements.

(6) The director may waive any testing requirements after epidemiologic review.

History: 1988, Act 466, Eff. Mar. 28, 1989 ;-- Am. 1994, Act 41, Imd. Eff. Mar. 14, 1994 ;-- Am. 2019, Act 132, Eff. Feb. 19, 2020

287.708 Repealed. 2019, Act 132, Eff. Feb. 19, 2020.

Compiler's Notes: The repealed section pertained to state veterinarian powers and duties.

287.709 Animal affected with reportable disease or contaminated with toxic substance; restrictions on information that identifies owner of an affected animal; notification of certain disease found in certain wild birds, animals, or game.

Sec. 9.

(1) A person that discovers, suspects, or has reason to believe that an animal is either affected by a reportable animal disease or contaminated with a toxic substance shall immediately report that fact, suspicion, or belief to the director. The director shall take appropriate action to investigate the report. A person possessing an animal affected by, or suspected of being affected by, a reportable animal disease or contaminated with a toxic substance shall allow the director to examine the animal or collect diagnostic specimens. The director may enter premises where animals, animal products, or animal feeds are suspected of being contaminated with an infectious disease or a disease caused by a toxic substance and seize or impound the animal products or feed located on the premises. The director may withhold a certain amount of animal products or feed for the purpose of controlled research and testing. A person that knowingly possesses or harbors affected or suspected animals shall not expose other animals to the affected or suspected animals or otherwise move the affected or suspected animals or animals under quarantine except with permission from the director.

(2) A person owning animals shall provide reasonable assistance to the director during the examination and necessary testing procedures.

(3) All of the following apply to any medical or epidemiological information that identifies the owner of an animal and is gathered by the department in connection with the reporting of a discovery, suspicion, or reason to believe that an animal is either affected by a reportable animal disease or contaminated with a toxic substance, or information gathered in connection with an investigation of the reporting of a discovery, suspicion, or reason to believe that an animal is affected by a reportable animal disease or contaminated with a toxic substance:

(a) The information is confidential.

(b) The information is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(d) The information is not open to public inspection without the owner's consent unless 1 of the following applies:

(i) Public inspection is necessary to protect the public health or animal health as determined by the director.

(ii) Public inspection is necessary to protect the public health, as determined by the director of the department of health and human services.

(e) If the information is released to a legislative body, the information shall not contain any information that identifies a specific owner or location.

(4) Notwithstanding any other provision of this act, the state veterinarian shall be notified of a reportable animal disease found in a wild bird, wild animal, game, or protected animal under the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106, or a state or federal fish hatchery. The appropriate resource agency, including, but not limited to, the department of natural resources and the United States Fish and Wildlife Service, shall retain authority over the wild bird, wild animal, game, protected animal, or state or federal fish hatchery.

287.710 Repealed. 2019, Act 132, Eff. Feb. 19, 2020.

Compiler's Notes: The repealed section pertained to the determination and proclamation of a state of emergency.

287.711 Agreements to protect or enhance growth of livestock industry or human food chain.

Sec. 11.

If the director considers it a benefit to the health or condition of the livestock industry of this state, the director may enter into agreements with the secretary of agriculture of the United States department of agriculture, the secretary's authorized representative, or any other person to protect or enhance the growth of the livestock industry or the human food chain of this state.

History: 1988, Act 466, Eff. Mar. 28, 1989 ;-- Am. 1994, Act 41, Imd. Eff. Mar. 14, 1994

287.711b Official identification.

Sec. 11b.

(1) All cattle must bear official identification before they leave a premises, unless the first point of destination is a tagging agreement site approved by the director. As used in this subsection, "official identification" means an electronic radio frequency identification or other forms of official identification for cattle as approved by the director.

(2) Subject to subsection (3), all goats, sheep, and privately owned cervids shall bear official identification before they leave a premises.

(3) Sheep and swine presented for exhibition or exposition or at fairs within this state shall be individually identified with an official identification tag. For purposes of this subsection, a tattoo is not an official identification tag.

(4) Compliance with this section regarding official identification is the responsibility of the animal owner.

(5) A person shall not do either of the following:

(a) Remove or alter the official identification of an animal.

(b) Misrepresent an animal's identity or the ownership of an animal.

(6) Official identification may be supplied by the department.

History: Add. 2000, Act 323, Imd. Eff. Oct. 31, 2000 ;-- Am. 2002, Act 458, Imd. Eff. June 21, 2002 ;-- Am. 2019, Act 132, Eff. Feb. 19, 2020

287.712 Quarantine.

Sec. 12.

(1) The director may issue a quarantine on animals, equipment, vehicles, structures, premises, or any area in this state, including the entire state if necessary, for the purpose of controlling or preventing the spread of a known or suspected infectious or toxicological disease.

(2) A person shall not move animals or any other items that are included in the quarantine without permission from the director.

(3) A person shall not allow animals under quarantine to mingle with or have contact with other animals not under quarantine without permission by the director.

(4) A person shall not import into this state an animal from another state or jurisdiction if that animal is under quarantine by the other state or jurisdiction unless that person obtains prior permission from the director.

(5) A person shall not import into this state an animal species, including a genetically engineered organism that is a variant of that species, from an area under quarantine for that species for any infectious or toxicological disease unless permission is granted from the director.

(6) The director may prescribe procedures for the identification, inventory, separation, mode of handling, testing, treatment, feeding, and caring for both quarantined animals and animals within a quarantined area to prevent the exposure of nonquarantined or quarantined animals to infectious or toxicological diseases.

(7) The director may prescribe procedures required before any animal, structure, premises, or area or zone in this state, including the entirety of this state if necessary, are released from quarantine.

(8) An animal found running at large in violation of a quarantine may be killed by a law enforcement agency. The director may enlist the cooperation of a law enforcement agency to enforce the provisions of this quarantine. A law enforcement agency killing an animal due to a quarantine under this section is not subject to liability for the animal.

287.712a Movement controls; official certificate required.

Sec. 12a.

(1) The director may require movement controls for the movement of animals within this state to prevent or control a specific reportable animal disease, as provided in section 3b.

(2) The director may require an official intrastate health certificate or official intrastate certificate of veterinary inspection or another form approved by the director to be prepared and signed by an accredited veterinarian. The forms described in this subsection shall include the information required in section 20(1)(a) to (e).

(3) Animals subject to movement controls required by the director under subsection (1) shall be accompanied with a copy of an official intrastate health certificate, official intrastate certificate of veterinary inspection, or other form approved by the director.

(4) When the intrastate movement of livestock causes livestock to cross from 1 zone into another zone, the livestock shall meet the testing requirements for their zone of origin or destination.

(5) If livestock enter a slaughter facility premises, the livestock and offspring born on the premises shall not leave the slaughter facility premises unless prior permission is granted by the director to move the livestock to an alternate premises.

History: Add. 2019, Act 132, Eff. Feb. 19, 2020

287.712b Movement of privately owned cervids; requirements; database.

Sec. 12b.

(1) Notwithstanding any other provision of this act to the contrary, all live privately owned cervids moving from 1 premises to another premises within this state are subject to all of the following requirements:

(a) Within 5 business days of the movement of the privately owned cervids, the owner shall notify the department of the information described in section 20(1)(a) and (b).

(b) The cervids shall be in compliance with section 11b and bear official identification.

(2) All live privately owned cervids 6 months of age or older moving from 1 premises to another premises within this state, except those consigned directly to a state or federally inspected slaughter facility premises, shall comply with 1 of the following:

(a) Originate directly from an official tuberculosis accredited, qualified, or monitored herd as defined by the United States Department of Agriculture, and be accompanied by a copy of the current official letter from the department verifying herd status.

(b) Originate directly from a herd that has received an official negative tuberculosis test of all privately owned cervids 12 months of age or older and all cattle and goats 6 months of age or older in contact with the herd within 24 months before movement.

(c) Receive an individual negative official test for tuberculosis within 90 days before movement and a negative official whole herd test within the 120 months before movement, and be accompanied by a copy of the official tests for tuberculosis verifying that testing.

(d) Be isolated from all other animals until it receives 2 official negative tuberculosis tests conducted not less than 90 days apart, with the first test conducted not more than 120 days before movement.

(3) All live privately owned cervids less than 6 months of age moving from 1 premises to another premises within this state, except those consigned directly to a state or federally inspected slaughter facility premises, must comply with 1 of the following:

(c) Originate directly from a herd that has received an official negative tuberculosis test of all privately owned cervids 12 months of age or older and all cattle and goats 6 months of age or older in contact with the herd within the 120 months before movement and be accompanied by an official permit for movement of privately owned cervids less than 6 months of age within this state and remain at the destination stated on the permit until it receives an official negative tuberculosis test when it reaches 6 months of age, but not more than 8 months of age. For purposes of this section, the age of the privately owned cervids shall be determined by the age placed on the official permit for movement of privately owned cervids less than 6 months of age within this state. A copy of the official test for tuberculosis and a copy of the official permit for movement of privately owned cervids less than 6 months of age within this state shall be forwarded to the department within 10 days following completion of the testing.

(4) Privately owned cervids with a response other than negative to any tuberculosis test are not eligible for intrastate movement without permission from the director.

(5) Privately owned cervids known to be affected with or exposed to tuberculosis shall not be moved intrastate without permission from the director.

(6) The department shall keep a current database of premises where privately owned cervids are kept in this state. The database shall include the owner's name, the owner's current address, the location of the privately owned cervids, the species of the privately owned cervids at the premises, identification of individual animals, and the approximate number of privately owned cervids at the premises.

History: Add. 2019, Act 132, Eff. Feb. 19, 2020

287.713, 287.713a Repealed. 2019, Act 132, Eff. Feb. 19, 2020.

Compiler's Notes: The repealed sections pertained to the designation of certain herds, flocks, or stocks and terminal operations.

287.714 Seizure, slaughter, destruction, or other disposition of livestock or domestic animals; notice; disposal of animals, animal products, and animal feeds; cleaning and disinfecting premises; repopulation of premises; biosecurity and wildlife risk mitigation measures.

Sec. 14.

(1) If the director determines that the control or eradication of a disease or condition of livestock warrants entry onto property where livestock or domestic animals are located, the director shall order the entry onto property where livestock or domestic animals are located and authorize seizure, slaughter, destruction, or other disposition of individual livestock or domestic animals or the entire herd, flock, or aquaculture lot.

(2) Animals ordered to be slaughtered, destroyed, or otherwise disposed of for infectious or toxicological disease shall be identified and slaughtered, destroyed, or otherwise disposed of in a manner approved by the director.

(3) The director may approve facilities and procedures for the orderly disposal of animals, animal products, animal feeds, and contaminated materials that cannot be appropriately disinfected to control or prevent the spread of an infectious or toxicological disease.

(4) The director may select a site or method for the disposal described in subsection (3) with the advice of the director of the department of environment, Great Lakes, and energy in compliance with 1982 PA 239, MCL 287.651 to 287.683.

(5) A premises that has been depopulated shall be cleaned and disinfected as prescribed by the director.

(6) Repopulation of a premises, except as approved by the director, does not confer eligibility for future indemnity under section 14a.

(7) The director may require additional biosecurity and wildlife risk mitigation measures, as determined by the director in an order under this act, before allowing repopulation of a premises.

History: 1988, Act 466, Eff. Mar. 28, 1989 ;-- Am. 1990, Act 40, Imd. Eff. Mar. 29, 1990 ;-- Am. 1994, Act 41, Imd. Eff. Mar. 14, 1994 ;-- Am. 1996, Act 369, Imd. Eff. July 3, 1996 ;-- Am. 1998, Act 552, Imd. Eff. Jan. 27, 1999 ;-- Am. 2000, Act 323, Imd. Eff. Oct. 31, 2000 ;-- Am. 2002, Act 458, Imd. Eff. June 21, 2002 ;-- Am. 2019, Act 132, Eff. Feb. 19, 2020
Compiler's Notes: For transfer of powers and duties of department of natural resources and environment to department of natural resources, see E.R.O. No. 2011-1, compiled at MCL 324.99921.

287.714a Indemnification; application; eligibility; acceptance of compensation; applicability of right to indemnity.

Sec. 14a.

(1) The director may allow indemnification for the slaughter or destruction of livestock due to a reportable animal disease or toxicological contamination. If the director has signed an order for the slaughter or destruction of livestock, the owner may apply for indemnification. To be eligible for indemnification in an area of this state where a reportable animal disease is prevalent and an order of the director is in place, a defined management plan for the area shall be in place. The director shall appraise and inventory the condemned livestock. The appraisals and inventories shall be on forms approved by the director. The director shall use agricultural pricing information from commercial livestock auction markets and other livestock market information as determined by the director to determine the value of condemned livestock.

(2) The director may allow indemnification for the slaughter or destruction of domestic animals due to reportable animal diseases or toxicological contamination. The director shall appraise and inventory the condemned domestic animals. The appraisals and inventories shall be on forms approved by the director. The director shall use pricing information from domestic animal auctions and other domestic animal market information as determined by the director to determine the value of condemned domestic animals.

(3) Indemnification for individual or entire herd, flock, or aquaculture lot depopulations of livestock shall be based upon 100% of the fair market value of that type of animal on the date of the appraisal and marketable for the purpose for which the livestock was intended, not to exceed $10,000.00 for each livestock or an average of $5,000.00 per animal in the flock, herd, or aquaculture lot. The appraisal determination shall not delay depopulation. The indemnification amount under this section shall include a deduction for any compensation received, or to be received, from any other source, including, but not limited to, indemnification by the United States Department of Agriculture, insurance, salvage value, or any monetary value obtained to encourage disposal of infected or exposed livestock in accordance with a disease control or eradication program. The owner shall furnish to the department all records indicating other sources of indemnity. An affidavit signed by the owner attesting to the amount of compensation for the livestock received, or to be received, from any other source shall accompany the appraisal certificate before indemnification under this section.

(4) Indemnification for individual or entire group depopulations of domestic animals shall be based upon 100% of the fair market value of that type of animal on the date of the appraisal and marketable for the purpose for which the domestic animal was intended, not to exceed $4,000.00 for each domestic animal or an average of $500.00 per animal in the group. The appraisal determination shall not delay depopulation. The indemnification amount under this section shall include a deduction for any compensation received, or to be received, from any other source, including, but not limited to, indemnification by the United States Department of Agriculture, insurance, salvage value, or any monetary value obtained to encourage disposal of infected or exposed domestic animals in accordance with a disease control or eradication program. The owner shall furnish to the department all records indicating other sources of indemnity. An affidavit signed by the owner attesting to the amount of compensation for the domestic animals received, or to be received, from any other source shall accompany the appraisal certificate before indemnification under this section.

(5) Acceptance of compensation under this act constitutes a full and complete release of any claim the owner has against this state and its departments, agencies, officers, employees, agents, and contractors to the extent these persons were acting on behalf of this state, within the scope of their employment with this state or under the direction of this state, its departments, agencies, officers, or employees, arising out of testing, purchase, removal, slaughter, destruction, and other disposition of the owner's livestock or domestic animals.

(6) The right to indemnity from this state for livestock or domestic animals condemned and ordered slaughtered, destroyed, or otherwise disposed of by the director applies only to native livestock and native domestic animals or as directed by the director. Indemnification is not available for livestock or domestic animals determined by the department to be imported or to be moved within this state without meeting import or movement requirements, including, but not limited to, an official interstate health certificate or official interstate certificate of veterinary inspection, required testing, required vaccination, or for livestock or domestic animals determined by the department to have been illegally moved into or within this state. An owner is not entitled to indemnity from this state for livestock or a domestic animal that comes into the possession of the owner with the owner's knowledge that the livestock or domestic animal is diseased or is suspected of having been exposed to an infectious or toxicological disease. The director shall not indemnify an owner for livestock or domestic animals that have been exposed to livestock or a domestic animal that comes into the possession of the owner with the owner's knowledge that the livestock or domestic animal is diseased or is suspected of having been exposed to an infectious, contagious, or toxicological disease, or that are in violation of an order of the director.

(7) This state shall not indemnify an owner of livestock or domestic animals for the loss of the livestock or domestic animals due to an infectious, contagious, or toxicological disease until the owner executes and signs a subrogation agreement assigning to this state the rights of the owner to a cause of action to recover damages for the loss up to the amount of indemnification paid to the owner under this act, and presents all necessary documents, including registration papers, a statement of names and addresses of all persons to whom or from whom the owner has transferred livestock or domestic animals within a time period determined by the director, and signed permission allowing the breed association to disclose information requested by the director.

(8) The director may require additional biosecurity and wildlife risk mitigation measures, as determined by the director in an order under this act, for future indemnification eligibility under this act.

(9) The department may cooperate and coordinate with the United States Secretary of Agriculture or the secretary's authorized representative or other governmental departments or agencies regarding indemnification under this section.

(10) A livestock owner shall be compensated for livestock that dies or needs to be destroyed for humane reasons due to an injury occurring while the livestock is undergoing mandatory testing for a reportable animal disease.

(11) As used in this section, "domestic animal" does not include livestock.

History: Add. 2019, Act 132, Eff. Feb. 19, 2020

287.715, 287.716 Repealed. 2019, Act 132, Eff. Feb. 19, 2020.

Compiler's Notes: The repealed sections pertained to indemnification and the slaughter, destruction, or other disposition of livestock due to diseases.

287.717 Repealed. 1992, Act 239, Eff. Mar. 31, 1993.

Compiler's Notes: The repealed section pertained to brucellosis and pseudorabies in porcine species.

287.717a Repealed. 2019, Act 132, Eff. Feb. 19, 2020.

Compiler's Notes: The repealed section pertained to swine, feed, and quarantine.

287.717b Surveillance testing program; status designation; movement restriction.

Sec. 17b.

(1) The director may order surveillance testing of animals for a specific reportable animal disease in this state with a defined dimension as determined by the director. The director may also order surveillance testing of animals for either of the following purposes:

(a) To accomplish surveillance necessary for this state to be in compliance with rules and regulations adopted by the United States Secretary of Agriculture under any act of Congress providing for the prevention, control, or eradication of a reportable animal disease.

(b) To complete epidemiologic investigations for a specific reportable animal disease, or in any instance where a reportable animal disease is suspected.

(2) The director may establish a surveillance testing program for the intrastate movement of animals.

(3) The director may designate the status of certain herds, flocks, or aquaculture lots as certified, accredited, validated, qualified, monitored, clean, or free of a specific disease when the herd, flock, or aquaculture lot has met the director's requirements for that status.

(4) Livestock in a herd, flock, or aquaculture lot that is undergoing an official test shall not be removed from the premises until the test results from the herd, flock, or aquaculture lot are available, except as permitted by the director.

History: Add. 2019, Act 132, Eff. Feb. 19, 2020

287.717c Equid herd; change of ownership and location; equine infectious anemia test; requirements; quarantine and testing; records; destruction or removal prohibited; interstate movement permit.

Sec. 17c.

(1) As used in this section:

(a) "Change of ownership and location" means a transfer of ownership of an equid from 1 person to another person through selling, bartering, trading, leasing, adopting, or donating the equid along with a change of location of the equid.

(b) "Equid herd" means any of the following:

(i) All animals of the family equidae under common ownership or supervision that are grouped on 1 or more parts of any single premises, lot, farm, or ranch.

(ii) All animals of the family equidae under common ownership or supervision on 2 or more premises that are geographically separated but in which either or both of the following have occurred:

(A) The equids have been interchanged.

(B) Equids from 1 of the premises have had contact with equids from a different premises.

(iii) All animals of the family equidae on common premises, such as community pastures or grazing association units, but owned by different persons.

(c) "Equine infectious anemia" means an infectious disease of an equid caused by a lentivirus, equine infectious anemia virus.

(d) "Equine infectious anemia laboratory test form" means the official federal government form required to submit blood samples to an approved laboratory for equine infectious anemia testing or other form approved by the director.

(e) "Equine infectious anemia test-positive equid" means any animal of the family equidae that has been subjected to an official equine infectious anemia test whose result is positive for equine infectious anemia.

(f) "Exposed equid" means an animal in the family equidae that has been exposed to equine infectious anemia by associating with an equid known or later found to be affected with equine infectious anemia.

(g) "Official equine infectious anemia test" means any test for the laboratory diagnosis of equine infectious anemia that utilizes a diagnostic product that is both of the following:

(i) Produced under license from the secretary of agriculture of the United States Department of Agriculture, or the secretary's authorized representative, under the virus-serum-toxin act, 21 USC 151 to 159.

(ii) Conducted in an approved laboratory.

(h) "Permit" means an official document or a United States Department of Agriculture Veterinary Services form 1-27, commonly known as vs form 1-27, or comparable state form, issued by a state or federal representative or by an accredited veterinarian, that is required to accompany an equine infectious anemia test-positive equid or an exposed equid that is being moved under official seal during its movement to a specified destination.

(i) "Restricted equid" means an equine infectious anemia test-positive equid or exposed equid.

(2) Subject to subsection (3), before an equid may participate in any of the following activities, it shall have an official equine infectious anemia test with a negative result within the previous 12 months of entry documented on an equine infectious anemia laboratory test form:

(a) Exhibitions, expositions, or fairs.

(b) Change of ownership and location within this state.

(c) Entering, remaining at, or being present on the premises of horse auctions or sales markets whether or not licensed under 1974 PA 93, MCL 287.111 to 287.119, and 1937 PA 284, MCL 287.121 to 287.131. If an equine infectious anemia test is not possible before sale, then the equid must be held on the sale premises until the test results are known.

(3) Subsection (2) does not apply to an equid that is both 6 months or younger and nursing.

(4) An equid that changes ownership and location in this state or that is moved into this state from another state must have an official equine infectious anemia test with a negative result within the previous 12 months. An equid moved into this state from another state must meet the requirements of section 19.

(5) An equine infectious anemia laboratory test form shall contain, at a minimum, the color, breed, sex, age, markings, name of owner, and location or address of the equid to which it applies. A photographic or graphic likeness may also be used to demonstrate the color and markings of the equid.

(6) An owner of an equid or an organization sponsoring an event involving equids may require an official equine infectious anemia test for the equids involved in an equid group activity or that are commingling with or in proximity to other equids.

(7) The department shall test all equids located within a 1/4-mile radius of the perimeter of the area in which an equine infectious anemia test-positive equid is or has been contained at the expense of the department. If the director determines that a large number of equids are equine infectious anemia test-positive, the director may require testing of all equids within an area larger than the 1/4-mile radius described in this subsection at the expense of the department.

(8) The director shall quarantine an equid that tests positive to an official equine infectious anemia test and its herd of origin. Equids that test positive to an official equine infectious anemia test may, with approval from the director, be moved or quarantined to a premises that confines them to an area that is a minimum of 1/4 mile away from any other equid. Equids that test positive to an official equine infectious anemia test may, with approval from the director, be segregated and quarantined in an insect-free enclosure as determined by the director.

(9) The owner or agent of an equid herd that is the source of an equine infectious anemia test-positive equid shall allow the director to test, in accordance with the following schedule, the complete source herd with an official equine infectious anemia test after the official equine infectious anemia test-positive equid has been removed or segregated from the herd in a manner approved by the director:

(a) Between November 1 and April 30, a source herd may be tested at any time and qualify for quarantine release if all tested equids are negative to an official equine infectious anemia test.

(b) Between May 1 and October 31, a source herd may be tested after waiting a minimum of 45 days after the official equine infectious anemia test-positive equid has been removed or segregated from the herd. If all equids tested are negative to the official equine infectious anemia test, the quarantine may be released.

(10) To the best of his or her knowledge, the owner of an equine infectious anemia test-positive equid shall provide to the department records reflecting the time period during which the equine infectious anemia test-positive equid both had been on the premises and had been a member of the equid herd that include at least the following information:

(a) The name and address of the previous owner.

(b) The location of other equids that were potentially exposed to the equine infectious anemia test-positive equid.

(11) Within 30 days after positive test results are reported to an owner of an equine infectious anemia test-positive equid or at a different time period agreed to by the director, the owner of an equine infectious anemia test-positive equid shall provide to the department the records described in subsection (10).

(12) The director may conduct epidemiological investigations on all equids that have possible exposure to official equine infectious anemia test-positive equids to determine the need for additional quarantining and official equine infectious anemia testing.

(13) A person shall not destroy or remove an official equine infectious anemia test-positive equid from the original test location or premises without prior permission from the director.

(14) The owner shall not destroy an official equine infectious anemia test-positive equid without permission from the director. The director shall be present when the equid is destroyed or shall allow an accredited veterinarian to document and certify that the official equine infectious anemia test-positive equid has been destroyed. The director shall not issue a quarantine release until the official equine infectious anemia test-positive equid has been destroyed.

(15) Unless immediately destroyed, an official equine infectious anemia test-positive equid shall be identified by the director with the freeze brand 34A, which shall be in characters not less than 2 inches in height and placed on the left cervical area of the neck or shall be identified in another manner approved by the director.

(16) Restricted equids may move interstate only if accompanied by a permit listing the owner's name and address, points of origin and destination, number of equids included, purpose of the movement, and at least either the individual equid registered breed association registration tattoo or the individual equid registered breed association registration number, or other unique official identification. The permit shall also list the name, age, sex, breed, color, and markings of the equids.

(17) An equine infectious anemia test-positive equid may only move interstate under permit to the following locations, or as determined by the director:

(a) A federally inspected slaughter facility.

(b) A federally approved diagnostic or research facility.

(18) The individual issuing the permit described in subsection (16) shall consult with the state animal health official in the state of destination for approval and shall determine that the equine infectious anemia test-positive equid to be moved interstate will be maintained in isolation sufficient to prevent the transmission of equine infectious anemia to other equids. An equine infectious anemia test-positive equid that is moved to a location described in subsection (17) shall remain quarantined under state authority at that location until natural death, slaughter, or euthanasia. The carcass shall be disposed of as provided in 1982 PA 239, MCL 287.651 to 287.683.

(19) An individual exposed equid may be allowed to move from a quarantined area for specific purposes if it has a negative test at the time of movement. The equid shall be moved under quarantine and maintained under quarantine at the new premises until tested negative to an official equine infectious anemia test at least 60 days after the last known exposure to an equine infectious anemia test-positive equid.

History: Add. 2019, Act 132, Eff. Feb. 19, 2020

287.717d Tuberculosis testing of cervid operation; exception; chronic wasting disease herd certification program.

Sec. 17d.

(1) The owner of a newly established privately owned cervid operation shall initiate testing for tuberculosis within 18 months following assembly of the herd. The testing required by this subsection must be conducted by an accredited veterinarian. This subsection does not apply to an owner that follows a bovine tuberculosis accreditation program or an owner that acquired the cervids from a herd that was subject to bovine tuberculosis accreditation program requirements.

(2) A privately owned cervid premises shall meet minimum requirements for chronic wasting disease testing as required by the director. The owner of a privately owned cervid operation shall submit samples to an approved laboratory.

(3) A privately owned cervid premises that is licensed as a full facility under the privately owned cervidae producers marketing act, 2000 PA 190, MCL 287.951 to 287.969, shall participate in the chronic wasting disease herd certification program.

History: Add. 2019, Act 132, Eff. Feb. 19, 2020

287.718 Repealed. 1996, Act 369, Imd. Eff. July 3, 1996.

Compiler's Notes: The repealed section pertained to poultry diseases.

287.719 Imported animals; requirements.

Sec. 19.

(1) An animal imported into this state shall meet any and all requirements under the applicable provisions of this act and, notwithstanding the provisions of any other act, shall be accompanied by 1 of the following:

(a) An official interstate health certificate or an official interstate certificate of veterinary inspection.

(b) An owner-shipper statement or sales invoice if imported and consigned directly to slaughter or through a livestock auction market and then directly to slaughter.

(c) A "report of sales of hatching eggs, chicks, and poults", United States Department of Agriculture Veterinary Services form 9-3, commonly known as vs form 9-3, for participants in the National Poultry Improvement Plan.

(d) A "permit for movement of restricted animals", United States Department of Agriculture Veterinary Services form 1-27, commonly known as vs form 1-27, if prior approval is granted by the director.

(e) A fish disease inspection report for aquaculture only.

(f) Permission from the director.

(2) All livestock imported into this state shall meet federal regulations for official identification under 9 CFR part 86, unless otherwise approved by the director.

(3) Brucellosis or tuberculosis officially classified suspect or reactor cattle shall not be imported into this state.

(4) A person shall not import or move intrastate livestock known to be affected with or exposed to chronic wasting disease, tuberculosis, brucellosis, or any other disease identified by the director, as determined by an official test, without permission of the director.

(5) The director may require that a prior entry permit be obtained for certain classifications of livestock.

(6) A person, consignee, dealer, or livestock market operator must ensure that any testing of an animal required under this act, any official identification of an animal required under this act, and the appropriate documentation for an animal, accompanies the animal as provided in subsection (1).

(7) An animal shall not be diverted to premises other than the destination site named on the documentation described in subsection (1) that accompanies the animal.

(8) An animal imported for exhibition shall meet the requirements of this act for importation of the applicable species and shall be accompanied by a copy of an official interstate health certificate or an official interstate certificate of veterinary inspection issued by an accredited veterinarian from the state of origin.

(9) The director may refuse entry into this state of an animal that the director has reason to believe may pose a threat to the public health or the health of animals. An animal imported into this state shall not originate from a herd under quarantine unless accompanied by permission issued by the director. The director may waive specific requirements if he or she determines that an animal imported from a certain area or state is not a threat to the public health or the health of animals.

(10) If the director determines that there is a threat to public health or a threat to the health of animals in this state, he or she may require additional testing, vaccination, or biosecurity measures for animals imported or to be imported into this state.

(11) Upon request of the director, a person transporting an animal shall produce the documentation required in subsection (1).

(12) The director may waive any testing requirements for importation of animals into this state based upon epidemiologic review and may consult with the appropriate state or federal department or agency to make that determination.

History: 1988, Act 466, Eff. Mar. 28, 1989 ;-- Am. 1994, Act 41, Imd. Eff. Mar. 14, 1994 ;-- Am. 1996, Act 369, Imd. Eff. July 3, 1996 ;-- Am. 2000, Act 323, Imd. Eff. Oct. 31, 2000 ;-- Am. 2002, Act 458, Imd. Eff. June 21, 2002 ;-- Am. 2019, Act 132, Eff. Feb. 19, 2020

287.720 Official interstate or intrastate health certificate or official certificate of veterinary inspection; forwarding of certificate to state veterinarian; slaughter of imported livestock.

Sec. 20.

(1) An official interstate or intrastate health certificate or official interstate or intrastate certificate of veterinary inspection shall be prepared and signed by an accredited veterinarian for animals requiring such a certificate and being imported into this state, or being moved from 1 premises to another premises within this state. An official interstate or intrastate health certificate or official interstate or intrastate certificate of veterinary inspection for animals being imported to or exported from this state or being moved from 1 premises to another premises within this state when required shall include all of the following:

(a) The complete names, telephone numbers, and physical addresses of the consignor and consignee, the address of the premises of the animals to be moved, and the physical destination address if different from the consignee address.

(b) A description of the animals by breed, sex, age, and individual official identification number, as determined by the director.

(c) The date of examination of the animals by the accredited veterinarian preparing the certificate, and the date the certificate was issued.

(d) The intended use of the animals, including, but not limited to, use for sale, dairy, breeding, feeding or grazing, exhibition, immediate slaughter, or other.

(e) The health status of the animals by recording the results of the required tests, required vaccinations, and any other data concerning the health of the animals including herd or state disease-free status. The accredited veterinarian preparing the certificate shall certify that the animals are free from clinical signs of infectious or toxicological diseases.

(f) The prior entry permit number issued by the director, if a prior entry permit is required.

(2) A copy of the official interstate or intrastate health certificate or official interstate or intrastate certificate of veterinary inspection for animals being exported from this state or for animals being moved from 1 premises to another premises within this state shall be forwarded by the issuing accredited veterinarian to the state veterinarian within 7 working days after the date of issuance.

(3) Livestock delivered directly to a slaughter plant shall be slaughtered within 5 days except for swine, which shall be slaughtered within 48 hours. Livestock for slaughter delivered to a market for livestock auction as that term is defined in 1937 PA 284, MCL 287.121 to 287.131, shall be slaughtered within 5 days.

287.721 Repealed. 1994, Act 41, Imd. Eff. Mar. 14, 1994.

Compiler's Notes: The repealed section pertained to out-of-state livestock for exhibition.

287.722 Animal imported without required official tests, vaccination, official identification, or documents.

Sec. 22.

(1) If an animal is imported into this state without the required official tests, vaccination, official identification, or documents, the director may do 1 or more of the following:

(a) Quarantine the animal or the premises, or both.

(b) Require that the required tests, vaccination, official identification, or documents be performed or obtained at the owner's expense.

(c) Require the animal be returned to the state of origin after notification that the animal was imported into this state without the required tests, vaccination, official identification, or documents.

(d) Order the slaughter, destruction, or other disposition of the animal, if the director determines that the control or eradication of a disease or condition of the animal is warranted.

(e) Allow a direct movement of the animal, if applicable, to slaughter by permit.

(f) Allow legal importation into another state.

(2) If the official test result, proof of vaccination, proof of identification, or proof of shipment of the animal back to the state of origin has not been received within 15 days after notification, the director may order that any required tests, vaccinations, or identification be performed by a department or accredited veterinarian, at the owner's or importer's expense.

History: 1988, Act 466, Eff. Mar. 28, 1989 ;-- Am. 1994, Act 41, Imd. Eff. Mar. 14, 1994 ;-- Am. 1996, Act 369, Imd. Eff. July 3, 1996 ;-- Am. 2002, Act 458, Imd. Eff. June 21, 2002 ;-- Am. 2019, Act 132, Eff. Feb. 19, 2020

287.723-287.724a Repealed. 2019, Act 132, Eff. Feb. 19, 2020.

Compiler's Notes: The repealed sections pertained to cattle requirements, reproduction of nonnative cattle, and importation of certain nonnative cattle.

287.725 Repealed. 1992, Act 239, Eff. Mar. 31, 1993.

Compiler's Notes: The repealed section pertained to requirements for importing swine.

287.726 Repealed. 2000, Act 323, Eff. Jan. 1, 2001.

Compiler's Notes: The repealed section pertained to equine infectious anemia test.

287.726a-287.730d Repealed. 2019, Act 132, Eff. Feb. 19, 2020.

Compiler's Notes: The repealed sections pertained to equine herd, equine infectious anemia, sheep, goats, new world camelids, aquaculture, poultry, hatching poultry eggs, privately owned cervidae, privately owned white-tailed deer or elk, and privately owned cervid farm, and tuberculosis.

287.731 Species not to be imported; wild or exotic animals; feral swine; large carnivores; wolf-dog cross.

Sec. 31.

(1) The director may create an order as provided in this section.

(2) Any species having the potential to spread serious diseases or parasites, to cause serious physical harm, or to otherwise endanger wild animals, wild animal and domesticated animal crosses, human life, livestock, domestic animals, or property, as determined by the director, shall not be imported into this state, except as determined by the director of the department of natural resources under section 40107 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.40107. An order of the director under this subsection applies to the species identified in the order, unless the order expressly provides otherwise.

(3) The director may require compliance with any or all of the following before the importation of a wild animal or an exotic animal species not regulated by the Fish and Wildlife Service of the United States Department of Interior or the department of natural resources of this state:

(a) Physical examination by an accredited veterinarian be conducted after importation to determine the health status, proper housing, husbandry, and confinement of any animal permitted to enter this state.

(b) Negative test results to specific official tests required by the director within a time frame before importation into this state as determined by the director.

(d) A prior entry permit.

(4) A person shall not import or release live feral swine or any crosses of feral swine in this state for any purpose without permission from the director.

(5) Notwithstanding any other provision of this act, and unless otherwise allowed under section 22 of the large carnivore act, 2000 PA 274, MCL 287.1122, a person shall not import a large carnivore, as that term is defined in section 2 of the large carnivore act, 2000 PA 274, MCL 287.1102, into this state.

(6) Notwithstanding any other provision of this act, and unless otherwise allowed under section 22 of the wolf-dog cross act, 2000 PA 246, MCL 287.1022, a person shall not import a wolf-dog cross, as that term is defined in section 2 of the wolf-dog cross act, 2000 PA 246, MCL 287.1002, into this state.

History: 1988, Act 466, Eff. Mar. 28, 1989 ;-- Am. 1990, Act 40, Imd. Eff. Mar. 29, 1990 ;-- Am. 1994, Act 41, Imd. Eff. Mar. 14, 1994 ;-- Am. 2000, Act 323, Imd. Eff. Oct. 31, 2000 ;-- Am. 2003, Act 271, Eff. Mar. 30, 2004 ;-- Am. 2019, Act 132, Eff. Feb. 19, 2020

287.732, 287.733 Repealed. 2019, Act 132, Eff. Feb. 19, 2020.

Compiler's Notes: The repealed sections pertained to San Juan rabbits and livestock sold at auction market.

287.734 Repealed. 1994, Act 41, Imd. Eff. Mar. 14, 1994.

Compiler's Notes: The repealed section pertained to feeder cattle.

287.735 Repealed. 2019, Act 132, Eff. Feb. 19, 2020.

Compiler's Notes: The repealed section pertained to the movement of livestock and newborn from slaughter facility.

287.736-287.738 Repealed. 1992, Act 239, Eff. Mar. 31, 1993.

Compiler's Notes: The repealed sections pertained to cattle or swine finishing facilities, yards and premises considered infected with organisms of infectious diseases of swine, movement and sale, and swine for sale or breeding purposes.

287.739 Exhibition facilities; requirements.

Sec. 39.

(1) Unless otherwise approved or waived by the director, all of the following apply to exhibition facilities:

(a) A facility for exhibition of animals shall be constructed in a manner to allow sufficient separation of each exhibitor's animals and to allow for sufficient separation of species. The facility shall be constructed of a material that can be adequately cleaned and disinfected.

(b) Animal housing shall be constructed and placed to provide adequate light and ventilation appropriate for the animals being housed.

(c) An exhibition facility and associated buildings shall be cleaned and disinfected with a state veterinarian-approved disinfectant used in accordance with label instructions before animals are admitted.

(d) Access to hand-cleansing facilities or hand-sanitizing methods shall be available in close proximity to each building that houses animals.

(e) Bedding used by livestock, feed waste, shipping containers, and other animal-associated waste shall be removed from the animal area and disposed of in a timely and responsible manner.

(f) An animal shall not be used as a prize at a carnival or a midway activity unless approved by the director.

(2) As used in this section:

(a) "Carnival" means a traveling carnival, charity fund-raiser, amusement arcade, amusement park, or a state or county fair or similar event.

(b) "Midway activity" means a game of chance, game of skill, or any other game for amusement or entertainment at a carnival.

287.740 Fair, exhibition, exposition, or show; veterinarian; duties of fair, exhibition, exposition, or show authority; removal of diseased animals; responsibility of exhibitor; exhibition or exposition of poultry requirements.

Sec. 40.

(1) A fair, exhibition, exposition, or show shall have an accredited veterinarian on call whenever there are animals on the premises during the event.

(2) A fair, exhibition, exposition, or show authority shall do all of the following:

(a) Notify exhibitors of the official identification, health tests, and certificates required for importation into and exhibition in this state.

(b) Examine and approve required official certificates of veterinarian inspection, reports, test charts, or other required documentation before displaying, exhibiting, or stabling the animals in the exhibition area or before commingling with other animals.

(c) Provide shipping arrangements for all livestock exhibited that are to be removed from the fair, exhibition, exposition, or show facility for direct movement to slaughter or a market for livestock auction as that term is defined in 1937 PA 284, MCL 287.121 to 287.131.

(d) Notify exhibitors whether or not poultry vaccinated against infectious laryngotracheitis are allowed in the fair, exhibition, or exposition.

(3) A fair, exhibition, exposition, or show authority may require additional testing or vaccination of animals before entry and during the fair, exhibition, exposition, or show.

(4) An animal with clinical signs of infectious or toxicological disease observed at check-in or during the event shall be removed from the fair, exhibition, or exposition or, by permission of the director, shall be isolated on the premises. An accredited veterinarian's knowledge and advice may be sought by an exhibitor or exhibition staff to assess for clinical signs of an infectious, contagious, or toxicological disease.

(5) It is the responsibility of the exhibitor to ensure that all reports, test charts, official identification, and official interstate health certificates or official interstate certificates of veterinary inspection required by this act accompany the animals of the exhibitor and that proof of fulfilling these requirements is provided to the director, fair, exhibition, exposition, or show authority upon request.

(6) Swine shall not enter any fair, exhibition, exposition, or show facility unless it can be demonstrated that the swine presented for exhibition or exposition meet 1 or more of the following conditions:

(a) Originate as a direct movement from a swine premises located in a pseudorabies stage III area or region or other equivalent low prevalence area as recognized by the director.

(b) Originate directly from a pseudorabies qualified-negative herd as defined in title 9 CFR part 85, which may consist of a copy of a valid certificate issued by the department stating that the herd meets the requirements for a pseudorabies qualified-negative herd.

(c) Unless the swine are piglets nursing a pseudorabies-negative sow, present an official swine test report that indicates the swine have been tested for pseudorabies within 45 days before exhibition and have tested negative.

(7) The exhibition or exposition of poultry is subject to all of the following requirements:

(a) All poultry, except for waterfowl, pigeons, and doves, shown at a public exhibition or exposition in this state shall meet 1 or more of the following requirements:

(i) Originate directly from a U.S. pullorum-typhoid clean flock as defined in 9 CFR part 145 and all amendments to that publication adopted in rules promulgated by the director.

(ii) Have a negative official test for salmonella pullorum-typhoid within the 90 days before the exhibition or exposition and remain segregated from all poultry of unknown or positive salmonella pullorum-typhoid test status.

(b) A shipping crate used in the shipment of birds by common carrier shall not be used as an exhibition coop. A shipping crate shall be cleaned and disinfected on the day of arrival after the birds have been removed for exhibition or exposition and before being used again. Unless otherwise necessary, a shipping crate shall not be stored in the exhibition or exposition area.

(8) Exhibitors shall provide adequate feed and water to animals being exhibited.

(9) Exhibitors shall clean and replace bedding material as often as necessary to maintain health.

287.740a Imported poultry; operation of live bird market; requirements.

Sec. 40a.

(1) This section applies to poultry imported to and housed at a live bird market.

(2) A transporter bringing poultry to a live bird market shall comply with this act and 1937 PA 284, MCL 287.121 to 287.131.

(3) A person operating a live bird market shall do all of the following:

(a) House live poultry in rooms that can be cleaned and disinfected.

(b) House waterfowl and game birds separately from chickens.

(d) Store transport crates in a separate area, and clean and disinfect transport crates before reuse.

(e) When poultry are housed in cages, do all of the following:

(i) Use cages constructed of a material that can be cleaned and disinfected.

(ii) Provide birds with room to stand up, lie down, turn around, and groom without touching other birds or a surface of the cage.

(iii) Refrain from stacking cages, unless there are provisions to allow manure to be removed and to prevent manure, feed, and water from soiling other cages or birds in other cages.

(f) Provide water to birds up to the time of slaughter.

(g) Provide nutritionally adequate food to birds up to at least 12 hours before slaughter.

(h) Ensure that there is at least one 24-hour period each week during which there are no birds in the facility and areas where birds as housed and any cages or pens holding birds are cleaned and disinfected.

(i) Ensure that slaughter is performed using 1 of the following methods:

(i) A method in which the bird is rendered insensible to pain by mechanical, electrical, chemical, or other means that is rapid and effective before the bird is shackled, hoisted, thrown, cast, or cut.

(ii) A method in accordance with the ritual requirements of a religious faith in which the bird suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.

(4) As used in this section, "live bird market" means a facility that sells live poultry for slaughter and is licensed by the department under the food law, 2000 PA 92, MCL 289.1101 to 289.8111.

History: Add. 2019, Act 132, Eff. Feb. 19, 2020

287.740b Housing baby poultry for sale; requirements.

Sec. 40b.

(1) A person housing baby poultry for sale to individuals for the primary purpose of maintaining, for personal use, an individual bird or a flock and is not part of the National Poultry Improvement Program shall do all of the following:

(a) Keep hand-cleansing stations or facilities available in close proximity to the area where baby poultry are housed.

(b) Construct a baby poultry housing area and enclosures containing baby poultry with a material that can be adequately cleaned and disinfected.

(d) Clean and disinfect the baby poultry area and enclosures at least once daily with United States Department of Agriculture-approved disinfectant used in accordance with label instructions.

(e) Remove bedding used by baby poultry, feed waste, shipping containers, and other animal-associated waste from the baby poultry area and dispose of it in an area not accessible to the public.

(f) Provide water to baby poultry up to the time of sale.

(g) Provide nutritionally adequate food to baby poultry up to the time of sale.

(h) Maintain and keep records of purchase and sale of baby poultry for a period of 2 years after the date of purchase or sale. The records required by this subdivision shall include the name and address of the person purchasing or selling the baby poultry and the date of each purchase or sale.

(2) As used in this section, "baby poultry" means poultry under the age of 3 weeks.

History: Add. 2019, Act 132, Eff. Feb. 19, 2020

287.741 Repealed. 2019, Act 132, Eff. Feb. 19, 2020.

Compiler's Notes: The repealed section pertained to exhibition of poultry.

287.742 Official test, vaccination, or diagnosis; identification of livestock; reporting results of official test, sample submission, or official vaccination; form; official brucellosis calfhood vaccination; tattoo; testing and surveillance for brucellosis and tuberculosis; participation in programs; collection of blood or tissue samples.

Sec. 42.

(1) Whenever an official test is conducted, an official vaccination is administered, or a United States department of agriculture accredited laboratory has diagnosed a reportable disease, the animals shall, unless exempted by the director, be identified by an official identification.

(2) The result of an official test shall be reported on a form supplied by the department. If a tissue sample is submitted for analysis, a properly completed sample submission form supplied by the department shall accompany the sample. The official test tissue sample shall be obtained and submitted only by an accredited veterinarian except under special permission of the director. The form used to document the results of an official test, sample submission, or official vaccination shall be properly prepared and completed.

(3) An official brucellosis calfhood vaccination shall be performed by an accredited veterinarian in compliance with the method outlined in title 9 C.F.R. part 78 and the brucellosis eradication: uniform methods and rules, effective February 1, 1998, approved by veterinary services of the animal and plant health inspection service of the United States department of agriculture, and all amendments to those publications thereafter adopted pursuant to rules that the director may promulgate.

(4) Except upon special permission from the director, official brucellosis calfhood vaccination shall be performed only on female cattle between the ages of 4 and 8 months.

(5) A person shall not tattoo any animal with the official brucellosis vaccination tattoo unless the animal is an official brucellosis calfhood vaccinate.

(6) Testing and surveillance for brucellosis and tuberculosis shall be as follows:

(a) A brucellosis ring test shall be conducted on each herd shipping milk to a dairy plant in this state. The test shall be conducted as outlined in title 9 C.F.R. part 78 and the brucellosis eradication: uniform methods and rules, effective February 1, 1998, approved by veterinary services of the animal and plant health inspection service of the United States department of agriculture, and all amendments to those publications thereafter adopted pursuant to rules that the director may promulgate.

(b) Disease surveillance for tuberculosis and brucellosis shall be conducted through the market cattle identification program as set forth in title 9 C.F.R. part 78 and the brucellosis eradication: uniform methods and rules, effective February 1, 1998, approved by veterinary services of the animal and plant health inspection service of the United States department of agriculture, and all amendments to those publications thereafter adopted pursuant to rules that the director may promulgate and the bovine tuberculosis eradication: uniform methods and rules, effective January 22, 1999, approved by veterinary services of the animal and plant health inspection service of the United States department of agriculture, and all amendments to those publications thereafter adopted pursuant to rules that the director may promulgate.

(7) The department may participate in the programs described in subsection (6) and programs for other reportable diseases and may test for reportable diseases in any sample of livestock blood or tissue collected at a United States department or department-approved slaughter facility, any livestock collection or market facility, or any sample of livestock blood or tissue submitted for diagnostic purposes to a United States department of agriculture officially approved laboratory. The slaughter facility, livestock collection or market facility, or laboratory shall provide adequate room, time, and safe conditions for the collection of blood or tissue samples.

287.743 Autogenous veterinary biologicals; requirements for revocation and permission to distribute veterinary biologicals; experiments and field trial requirements; liability; reporting of adverse reaction.

Sec. 43.

(1) A person in another state shall not export any autogenous veterinary biologicals into this state unless notification prior to import is given to the director and any stipulations set forth in or under 9 CFR part 102 and all amendments to that publication adopted in rules promulgated by the director are met.

(2) A person manufacturing an autogenous veterinary biological within this state shall not distribute or sell any veterinary biological within this state unless notification before distribution or sale is given to the director and any stipulations under 9 CFR part 102 and all amendments to that publication adopted in rules promulgated by the director are met.

(3) The director shall pursue restrictions on the distribution and use of autogenous veterinary biologicals when the director determines that those restrictions are necessary for the protection of the public health, animal health, or the animal industry as set forth in 9 CFR part 102 and all amendments to that publication as adopted in rules promulgated by the director.

(4) Veterinary biologicals shall be administered only by a licensed veterinarian or under the supervision of a licensed veterinarian unless used in compliance with section 18814 of the public health code, 1978 PA 368, MCL 333.18814.

(5) A veterinary biological required in 9 CFR part 102 and all amendments to that publication adopted in rules promulgated by the director to be administered by, on the order of, or under the supervision of a veterinarian shall be distributed only to veterinarians, distributors who distribute the veterinary biological only to veterinarians, or pharmacies and other appropriate retail outlets to be sold only on the prescription or order of a veterinarian.

(6) When the director determines with advice and consultation from the animal industry involved and the veterinary profession that the protection of the public health, animal health, or the animal industry or that a control or eradication program for a disease or condition necessitates the report of the sale, use, distribution, or administration of a veterinary biological, an autogenous veterinary biological, or a diagnostic test, the director may require that a person that sells, uses, distributes, or administers a veterinary biological or diagnostic test report that information to the department within 10 working days in a manner prescribed by the director.

(7) Notwithstanding any other provision of this act, the director may at any time revoke the distribution of a veterinary biological or an autogenous veterinary biological if the veterinary biological or autogenous veterinary biological has a substantial impact on public health, animal health, or the animal industry.

(8) A person that requests permission to distribute in this state veterinary biologicals that are conditionally licensed by the United States Department of Agriculture or that are subject to import permits for distribution and sale issued by the United States Department of Agriculture shall submit all of the following information to the department:

(a) A copy of the current United States Department of Agriculture license.

(b) Any restrictions set forth by the United States Department of Agriculture.

(d) Product information, including directions for use.

(e) Slaughter withdrawal times, if applicable.

(9) A person that desires to import into this state or to distribute intrastate, for experimental or field trial use, a veterinary biological that is not conditionally licensed by the United States Department of Agriculture shall request and obtain permission from the director before importing that veterinary biological into this state on a form approved by the director.

(10) A person that requests permission to import or distribute intrastate a veterinary biological to be administered to animals owned by the public for experimental or field trial purposes shall submit a written statement to the department, which shall be given to the owner of the animals before the administration, prescription, or distribution of the veterinary biological. The written statement required by this subsection shall state all of the following:

(a) That the veterinary biological to be administered, prescribed, or dispensed to an animal is an experimental or field trial veterinary biological.

(b) That the veterinary biological has not been approved by the United States Department of Agriculture or the department for unconditional use.

(11) A determination of whether to allow the import or intrastate distribution of a veterinary biological for experimental or field trial purposes shall be based upon, but not limited to, all of the following:

(a) Need for the product by the animal industry.

(b) Safety of the product for the target animal species.

(d) Safety of the human food chain, if the veterinary biological is used in food-producing animals.

(12) A veterinary biological for experimental or field trial purposes shall be shipped only to a veterinarian and shall only be used by the veterinarian to whom the product is shipped or by an individual who is under the direct supervision of the veterinarian to whom the product is shipped.

(13) A person that consigns, ships, or transports a veterinary biological for experimental or field trial purposes into or within this state shall file a report of each requested shipment with the department within 5 business days of the shipment. The report required by this subsection shall contain all of the following information:

(a) The quantity consigned, shipped, or transported.

(b) The expiration date of the product.

(d) The name and address of the veterinarian receiving the veterinary biological.

(14) The department is not liable to a person that has received permission to import or distribute intrastate a veterinary biological for experimental or field trial purposes for any injury due to the use of that veterinary biological to humans or animals or for the loss of any animals.

(15) A person that receives permission to import or distribute intrastate a veterinary biological for experimental or field trial purposes shall report an adverse reaction to the department within 5 business days after the reaction.

(16) The director may limit the distribution of a veterinary biological for experimental or field trial purposes to certain geographical areas within this state and for specific time periods.

(17) The director may at any time revoke permission to distribute a veterinary biological for experimental or field trial purposes.

History: 1988, Act 466, Eff. Mar. 28, 1989 ;-- Am. 1994, Act 41, Imd. Eff. Mar. 14, 1994 ;-- Am. 1996, Act 369, Imd. Eff. July 3, 1996 ;-- Am. 2019, Act 132, Eff. Feb. 19, 2020

287.743a Euthanization of animals; requirements; exception.

Sec. 43a.

(1) Except as provided in subsection (2), an animal being euthanized in this state shall be humanely euthanized in a manner outlined as acceptable or acceptable with conditions under the American Veterinary Medical Association's Guidelines on Euthanasia and all subsequent amendments to that publication, or as approved by the director.

(2) Subsection (1) does not apply to an animal that is being slaughtered for human consumption or pet food.

(3) The director may designate an appropriate euthanasia or depopulation procedure in an extraordinary emergency.

History: Add. 2019, Act 132, Eff. Feb. 19, 2020
Compiler's Notes: Former MCL 287.743a, which pertained to giving false information prohibited, was repealed by Act 458 of 2002, Imd. Eff. June 21, 2002.

287.744 Enforcement of act; criminal and civil actions; felonies; penalty; violation of act or rule as misdemeanor; costs and attorney fees; powers of director; failure to pay fine; civil action and penalties; remedies and sanctions as independent and cumulative powers of department.

Sec. 44.

(1) The director may call upon a law enforcement agency to assist in enforcing this act.

(2) The attorney general may bring a criminal or civil action against a person responsible for unlawfully introducing an infectious or toxicological disease into animals, animal products, or animal feeds in this state.

(3) A person shall not knowingly give false information in a matter pertaining to this act and shall not impede or hinder the director in the discharge of his or her duties under this act.

(4) If a person does not cause an animal or a herd, flock, or aquaculture lot to be tested in compliance with this act, the director shall notify the person responsible for management of the animal or herd of the necessity for testing to occur and the deadline for testing to occur and shall quarantine any animal or herd that has not been tested until the testing can be completed by state or federal regulatory veterinarians or accredited veterinarians, at the owner's expense.

(5) An animal purchased at a licensed livestock market, collection point, or buying station or by a dealer licensed under 1937 PA 284, MCL 287.121 to 287.131, for the purpose of slaughter must be slaughtered within 5 days after movement of the purchased animal. The buyer of livestock sold for slaughter shall provide upon request of the director verification that the slaughter occurred within 5 days after movement of the purchased animal. Failure of a buyer of livestock sold for slaughter to comply with this subsection subjects that buyer to the penalties and sanctions of this act.

(6) A person shall not expose swine to garbage.

(7) A person shall not use garbage, offal, or carcasses, except in a disease outbreak and with the approval of the director, as feed for swine.

(8) The director has full access to inspect any premises or conveyance upon reasonable grounds to believe or suspect that garbage, offal, or carcasses are being used as feed for swine or that garbage, offal, or carcasses may expose swine to a communicable disease.

(9) The director shall quarantine swine determined to have been exposed to, in contact with, or fed garbage, offal, or carcasses. The quarantine shall continue until such time as the director determines that the swine are not a threat to animal or public health.

(10) A person that commits 1 or more of the following is guilty of a felony punishable by a fine of not less than $1,000.00 and not more than $50,000.00, or imprisonment of not more than 5 years, or both, and shall not receive any indemnification payments at the discretion of the director:

(a) Intentionally contaminating or exposing an animal to an infectious or toxicological disease for the purpose of receiving indemnification from this state or causing this state to destroy affected livestock.

(b) Intentionally making a false statement on an application for indemnification or reimbursement from this state.

(c) Intentionally violating a condition of quarantine, movement restrictions or other requirements authorized under this act.

(d) Intentionally importing into this state, without permission from the director, diseased animals or animals exposed to an infectious or toxicological disease.

(e) Intentionally misrepresenting the health, medical status, or prior treatment for an infectious or toxicological animal disease to facilitate movement or transfer of ownership to another person.

(f) Intentionally infecting or contaminating an animal with, or intentionally exposing an animal to, a reportable animal disease other than for bona fide research as approved by a research institution regulated by a federal agency.

(11) Except as otherwise provided under subsection (10), a person that violates this act, or a rule promulgated under this act, is guilty of a misdemeanor punishable by a fine of not less than $300.00 or imprisonment of not less than 30 days, or both.

(12) The court may allow the department to recover reasonable costs and attorney fees incurred in a prosecution resulting in a conviction for a violation of subsection (10). Costs assessed and recovered under this subsection shall be paid to the state treasury and credited to the department for the enforcement of this act.

(13) Except as otherwise provided in subsection (10), the director, upon finding that a person has violated this act, a rule promulgated under this act, a quarantine authorized under section 12, or movement restrictions and other requirements authorized under section 3b, may do the following:

(a) Issue a warning.

(b) Impose an administrative fine of not more than $1,000.00 for each violation. Upon the request of a person to whom an administrative fine is issued under this subsection, the director shall conduct a hearing under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(c) Issue an appearance ticket as described and authorized by sections 9a to 9g of chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.9a to 764.9g, with a fine of not less than $300.00 or imprisonment of not less than 30 days, or both.

(14) The director shall advise the attorney general of the failure of any person to pay an administrative or civil fine imposed under this section. The attorney general shall bring a civil action in a court of competent jurisdiction to recover the fine and costs and fees including attorney fees. Civil penalties and administrative fines collected shall be paid to the state treasury.

(15) The remedies and sanctions under this act are independent and cumulative. The use of a remedy or sanction under this act does not bar other lawful remedies and sanctions and does not limit criminal or civil liability. Notwithstanding the provisions of this act, the department may bring an action to do 1 or more of the following:

(a) Obtain a declaratory judgment that a method, act, or practice is a violation of this act.

(b) Obtain an injunction against a person that is engaging, or about to engage, in a method, act, or practice that violates this act.

History: 1988, Act 466, Eff. Mar. 28, 1989 ;-- Am. 1996, Act 369, Imd. Eff. July 3, 1996 ;-- Am. 2000, Act 323, Imd. Eff. Oct. 31, 2000 ;-- Am. 2002, Act 458, Imd. Eff. June 21, 2002 ;-- Am. 2019, Act 132, Eff. Feb. 19, 2020

287.745 Rules.

Sec. 45.

The department may promulgate rules for the implementation and enforcement of this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

History: 1988, Act 466, Eff. Mar. 28, 1989 ;-- Am. 2000, Act 323, Imd. Eff. Oct. 31, 2000

287.746 Definitions; tether or confinement of farm animal or egg-laying hen; exceptions; violation of section; injunction; construction of section; good faith defense; effective date.

Sec. 46.

(1) As used in this section:

(a) "Business owner" means a person that owns or controls the operations of a business.

(b) "Cage-free housing system" means an indoor or outdoor controlled environment for egg-laying hens to which all of the following apply:

(i) For an indoor environment, the hens are free to roam unrestricted except by any of the following:

(A) Exterior walls.

(B) In multitiered aviaries, partially slatted systems, single-level all-litter floor systems, or any other housing system that complies with the requirements of this section, interior fencing used to contain the entire flock within the building or subdivide flocks into smaller groups, if farm employees can walk through each contained or subdivided area to provide care to hens and if each hen has the minimum amount of usable floor space described in subsection (2)(b)(ii).

(ii) The hens are provided enrichments that allow the hens to exhibit natural behaviors. To qualify as a cage-free housing system under this definition, the enrichments used in the housing system must include, but are not limited to, scratch areas, perches, nest boxes, and dust bathing areas.

(iii) For an indoor environment, a farm employee is able to provide care to the hens while standing within the hens' usable floor space.

(iv) The environment does not include any cage systems commonly described as battery cages, colony cages, enriched cages, or enriched colony cages, or any cage system similar to those systems.

(c) "Calf raised for veal" means a calf of the bovine species kept for the purpose of producing the food product described as veal.

(d) "Covered animal" means a gestating sow, calf raised for veal, or egg-laying hen that is kept on a farm.

(e) "Egg-laying hen" means a female domesticated chicken, turkey, duck, goose, or guinea fowl kept for the purpose of egg production.

(f) "Enclosure" means a cage, crate, or other structure used to confine a covered animal.

(g) "Farm" means the land, building, support facilities, and other equipment that are wholly or partially used for the commercial production of animals or animal products used for food or fiber. Farm does not include a live animal market.

(h) "Farm owner or operator" means a person that owns or controls the operation of a farm.

(i) "Fully extending its limbs" means fully extending all limbs without touching the side of an enclosure.

(j) "Gestating sow" means a sow of the porcine species kept for the primary purpose of breeding and confirmed to be pregnant.

(k) "Multitiered aviary" means a housing system in which hens have unfettered access to multiple elevated platforms that provide the hens with usable floor space both on top of and underneath the platforms.

(l) "Partially slatted system" means a housing system in which hens have unfettered access to elevated flat platforms under which manure drops through the flooring to a pit or litter removal belt.

(m) "Person" means an individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, or syndicate.

(n) "Shell egg" means a whole egg of an egg-laying hen in its shell form that is intended for use as human food.

(o) "Single-level all-litter floor system" means a housing system bedded with litter in which hens have limited or no access to elevated flat platforms.

(p) "Turning around freely" means turning in a complete circle without any impediment, including a tether, and without touching the side of an enclosure or another animal.

(q) "Usable floor space" means the total square footage of floor space provided to each egg-laying hen, as calculated by dividing the total square footage of floor space provided to hens in an enclosure by the number of hens in that enclosure. Usable floor space includes ground space or elevated level flat platforms upon which hens are able to roost, but does not include perches or ramps.

(2) Subject to subsections (3) and (9), notwithstanding any other provision of law, a farm owner or operator shall not do either of the following:

(a) Tether or confine a covered animal on a farm for all or the majority of any day, in a manner that prevents the covered animal from doing either of the following:

(i) Lying down, standing up, or fully extending its limbs.

(ii) Turning around freely.

(b) Tether or confine an egg-laying hen on a farm in either of the following manners:

(i) In an enclosure other than a cage-free housing system.

(ii) With less than the amount of usable floor space per hen as provided in the housing guidelines for cage-free production contained in "Animal Husbandry Guidelines for U.S. Egg-Laying Flocks", 2017 edition, published by United Egg Producers.

(3) Subsection (2) does not apply to a covered animal during any of the following:

(a) Scientific or agricultural research.

(b) Examination, testing, individual treatment, or operation for veterinary purposes, by an individual licensed to practice veterinary medicine under part 188 of the public health code, 1978 PA 368, MCL 333.18801 to 333.18838.

(c) Transportation, unless otherwise in violation of section 51 of the Michigan penal code, 1931 PA 328, MCL 750.51, relating to confining animals on railroad cars.

(d) Rodeo exhibitions, state or county fair exhibitions, 4-H programs, and similar exhibitions.

(e) The slaughter of a covered animal as provided by 1962 PA 163, MCL 287.551 to 287.556, and other applicable law and rules.

(f) In the case of a gestating sow, the period beginning 7 days before the gestating sow's expected date of giving birth.

(4) Notwithstanding any other provision of law and subject to subsections (5) and (9), for the purposes described in section 1, a business owner shall not knowingly engage in the sale of any shell egg in this state that the business owner knows or should know is the product of an egg-laying hen that was confined in a manner that is inconsistent with the requirements of this section.

(5) Subsection (4) does not apply to the sale of shell eggs that are the product of a farm with less than 3,000 egg-laying hens.

(6) The department or the attorney general may bring a civil action to restrain, by temporary or permanent injunction, any act or practice in violation of this section. The action may be brought in the circuit court for the county where the defendant resides or conducts business. The court may issue a temporary or permanent injunction and issue other equitable orders or judgments. A defense described and made available relating to customary animal husbandry or farming practices involving livestock, under sections 50(12)(f) and 50b(14) of the Michigan penal code, 1931 PA 328, MCL 750.50 and 750.50b, or similar provisions, is not a defense to an action brought for the violation of this section involving a covered animal. In addition, the criminal penalties provided in section 44 are not applicable to a violation of this section.

(7) It is a defense to an action to enforce subsection (4) that a business owner relied in good faith upon a written certification or guarantee by the supplier of a shell egg that the shell egg is not the product of an egg-laying hen that was confined in a manner that is inconsistent with the requirements of this section.

(8) This section is in addition to, and not in lieu of, any other laws protecting animal welfare. This section does not limit any other state law protecting the welfare of animals.

(9) This section does not apply to egg-laying hens or shell eggs until December 31, 2024 and does not apply to gestating sows until April 1, 2020.

History: Add. 2009, Act 117, Eff. Mar. 31, 2010 ;-- Am. 2019, Act 132, Eff. Feb. 19, 2020
Compiler's Notes: Former MCL 287.746, which pertained to repeal of Act 181 of 1919, MCL 287.1 to 287.26a, was repealed by Act 323 of 2000, Imd. Eff. Oct. 31, 2000.

287.747 Repealed. 2000, Act 323, Imd. Eff. Oct. 31, 2000.

Compiler's Notes: The repealed section pertained to effective date of act.

PSEUDORABIES AND SWINE BRUCELLOSIS CONTROL AND ERADICATION ACT
Act 239 of 1992
AN ACT to establish a control and eradication program for pseudorabies and swine brucellosis; to provide certain powers and duties for certain state agencies and officers; to provide for funding of certain programs; to create certain committees for certain purposes; to provide for the promulgation of rules; to provide for certain remedies and penalties; and to repeal certain acts and parts of acts.

History: 1992, Act 239, Eff. Mar. 31, 1993

The People of the State of Michigan enact:

287.801 Short title.

Sec. 1.

This act shall be known and may be cited as the "pseudorabies and swine brucellosis control and eradication act".

History: 1992, Act 239, Eff. Mar. 31, 1993

287.803 Meanings of words and phrases.

Sec. 3.

For the purpose of this act, the words and phrases defined in sections 5 through 15 shall have the meanings ascribed to them in those sections.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.805 Definitions; A, B.

Sec. 5.

(1) "Accredited veterinarian" means a veterinarian approved by the United States department of agriculture to perform specific functions required by cooperative state-federal disease control and eradication programs.

(2) "Animal" means any vertebrate member of the animal kingdom other than a human being.

(3) "Approved pseudorabies quarantined feedlot" means a swine feedlot premises inspected and approved by the director and whose owner has entered into an agreement with the director to comply with this act and rules or regulations promulgated pursuant to this act.

(4) "Approved swine assembly point" means a premises where swine are gathered which is inspected and approved by the director whose owner has entered into an agreement with the director to comply with this act and rules or regulations promulgated pursuant to this act.

(5) "Approved vaccine" means a preparation administered to livestock or other animals to induce a specific immunological response in the recipient, the use of which in this state shall be approved by the state veterinarian.

(6) "Boar" means any sexually intact male swine.

(7) "Breeding herd" means all swine on 1 swine premises that are maintained for breeding purposes or reproduction.

(8) "Breeding swine" means swine intended for use as breeding stock and all swine not intended for slaughter or feeding to market age and weight for slaughter including companion animals and research animals regardless of reproductive capacity. Breeding swine includes all boars and sows.

(9) "Broker" means any person, copartnership, association, or corporation engaged in the business of buying, receiving, selling, exchanging, transporting, negotiating, or soliciting sale, resale, exchange, transportation, or transfer of livestock and that is licensed as a livestock dealer in accordance with Act No. 284 of the Public Acts of 1937, being sections 287.121 to 287.131 of the Michigan Compiled Laws.

(10) "Brucellosis" means the contagious, infectious, and communicable disease caused by bacteria of the genus brucellae also known as bangs disease, undulant fever, and contagious abortion.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.807 Definitions; D to F.

Sec. 7.

(1) "Department" means the Michigan department of agriculture.

(2) "Differential test" means an official test approved by the director designed to distinguish swine which are positive for pseudorabies field strain virus associated antibodies from swine that have antibodies due to vaccination with a differential vaccine.

(3) "Differential vaccine" is a veterinary biological approved by the director which produces a pseudorabies antibody response that can be differentiated from the field strain virus antibody response by a differential test.

(4) "Direct movement" means transfer of swine to a destination without unloading the swine en route and without exposure to any other livestock.

(5) "Director" means the director of the Michigan department of agriculture or his or her authorized representative.

(6) "Domestic animal" means any species of animal living under the husbandry of man.

(7) "Exposed swine" means any swine that has been in contact with an animal infected with pseudorabies or brucellosis, including all swine from a known infected herd or any swine moved into a livestock auction market.

(8) "Feeder pig" means immature swine weighing less than 120 pounds intended for feeding to market age and weight for slaughter. Feeder pig does not include intact boars, post-parturient females, animals kept, sold, or offered for sale, for breeding, as companion animals, or for research.

(9) "Feeder pig monitored herd" means a swine breeding herd that has been sampled and tested negative by an official pseudorabies serologic test on the following schedule: 10 head—test all, 11 - 35 head—test 10, 36 or more—test 30% or 30, whichever is less or according to a schedule as prescribed by the director. Breeding herds in regions recognized as stage III of the pseudorabies eradication program by the United States department of agriculture, animal and plant health inspection service, veterinary services, or in an equivalent low prevalence area as determined by the director are considered feeder pig monitored herds.

(10) "Feedlot" means a premises used only to feed livestock in preparation for slaughter.

(11) "Feral swine" means swine which have lived any part of their life as free-roaming and not under the husbandry of man.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.809 Definitions; G to L.

Sec. 9.

(1) "Gilt" means any female breeding swine until her first litter is farrowed, born, or aborted.

(2) "Herd" means any individual swine or group of swine under common ownership or management maintained on a swine premises for more than 24 hours for any purpose, or 2 or more individual swine or groups of swine that have been intermingled or in physical contact without regard to pseudorabies status or that are under common ownership or management and that have been geographically separated. Two or more swine or such groups of swine are 1 herd unless, through investigation, the director has determined that intermingling and contact between groups has not occurred and is not likely to occur.

(3) "Herd cleanup plan" means a written plan developed jointly by the director and the quarantined herd's owner for the elimination of pseudorabies virus from the swine herd. Such plan may include provisions for the movement of feeder pigs from the quarantined premises to an approved pseudorabies quarantined feedlot and shall include, but not be limited to, provisions for testing, segregation, cleaning, and disinfection, disease management, vaccine use, control of exposure and virus spread to other herds, and a timetable for implementing such plan as can be outlined. The herd cleanup plan shall be approved by the official pseudorabies epidemiologist for the state of Michigan.

(4) "Herd of origin" means any herd in which swine are born and remain until movement or any herd in which swine remain for at least 30 days immediately following direct movement into the herd from another herd.

(5) "Infected herd" means any herd in which pseudorabies or brucellosis has been diagnosed in 1 or more animals by an official test, clinical diagnosis, or laboratory procedure. The final determination of infected herd status shall be made by the director.

(6) "Livestock" means animals used for human food and fiber or animals used for service to mankind. Livestock includes, but is not limited to, cattle, swine, sheep, llamas, goats, bison, equine, poultry, and rabbits.

(7) "Livestock auction market" means a public stockyard, auction sale yard, livestock yard, or concentration yard or any livestock market where livestock are accepted on consignment and the auction method is used in the marketing of consigned livestock or as described in Act No. 284 of the Public Acts of 1937, being sections 287.121 to 287.131 of the Michigan Compiled Laws.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.811 Definitions; M to P.

Sec. 11.

(1) "Monitored feedlot" means a herd of swine being fed for slaughter whose pseudorabies negative status is demonstrated by an annual official test, on a schedule prescribed by the director of representative groups of swine that have been on the premises at least 30 days.

(2) "Movement permit" means a statement on a form approved by the director and signed by the owner of the swine herd of origin which states all of the following:

(a) The number of swine moved.

(b) The complete address for points of origin and destination.

(d) Any additional information required by the department.

(3) "Official ear tag" means an identification tag approved by the United States department of agriculture or the department.

(4) "Official identification" means an identification ear tag or ear tattoo or other identification approved by the United States department of agriculture or the department.

(5) "Official interstate health certificate" or "official interstate certificate of veterinary inspection" means a printed form adopted by any state that records the information required in section 20 of the animal industry act of 1987, Act No. 466 of the Public Acts of 1988, being section 287.720 of the Michigan Compiled Laws, and that is issued within 30 days before importation of the livestock it describes. A photocopy of an official interstate health certificate or an official interstate certificate of veterinary inspection is an official copy if certified as a true copy by the issuing veterinarian or a livestock health official of the state of origin.

(6) "Official pseudorabies epidemiologist" means a state or federally employed veterinarian designated by the director and the area veterinarian in charge, United States department of agriculture, animal and plant health inspection services, veterinary services, to investigate and diagnose suspected pseudorabies in animals.

(7) "Official test" means a sample of specific material collected from an animal by a veterinarian and analyzed by a laboratory certified by the United States department of agriculture or the department to conduct the test, or a diagnostic injection administered and analyzed by a veterinarian. An official test shall be conducted only by an accredited veterinarian except with permission by the director.

(8) "Originate" refers to direct movement of swine from a herd of origin.

(9) "Owner" means the person or the person's representative, manager, or operator, that is the person responsible for day-to-day operation of the swine farm.

(10) "Person" means an individual, partnership, corporation, cooperative, association, joint venture, or other legal entity, including, but not limited to, entities established by contractual relationships.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.813 Definitions; P to R.

Sec. 13.

(1) "Pseudorabies" means the contagious, infectious, and communicable disease of livestock and other animals known also as Aujeszky's disease, mad itch, or infectious bulbar paralysis caused by the pseudorabies virus.

(2) "Pseudorabies herd agreement" means a written agreement signed by the owner or owner's representative of the pseudorabies infected quarantined herd and the director. The pseudorabies herd agreement shall contain a herd cleanup plan designed to eradicate pseudorabies.

(3) "Pseudorabies veterinary biological" means any veterinary biological product used to stimulate an immune response to pseudorabies virus or any portion of the pseudorabies virus.

(4) "Qualified pseudorabies negative gene-altered vaccinated herd" means a herd as defined in title 9 of the code of federal regulations or as approved by the director.

(5) "Qualified pseudorabies negative herd" means a herd as defined in title 9 of the code of federal regulations or as approved by the director.

(6) "Quarantined herd" means any herd declared under quarantine and confined to a swine premises according to provisions in section 12 of the animal industry act of 1987, Act No. 466 of the Public Acts of 1988, being section 287.712 of the Michigan Compiled Laws, or other authority as defined by law.

(7) "Reasonable assistance" means safely and comfortably controlling an animal by corralling, stabling, kenneling, holding, tying, or confining by halter or leash or crowding the animal in a safe and sensible manner so an examination or testing procedure considered necessary by the director can be performed.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.815 Definitions; S to V.

Sec. 15.

(1) "Sow" means any female swine that has farrowed or given birth to or aborted 1 litter or more.

(2) "State veterinarian" means the chief animal health official of the state as appointed by the director in accordance with section 7 of the animal industry act of 1987, Act No. 466 of the Public Acts of 1988, being section 287.707 of the Michigan Compiled Laws.

(3) "Swine premises" means any land together with buildings, enclosures, and facilities that may be used for swine housing and production.

(4) "Vaccinated feeder pig monitored herd" means a swine breeding herd meeting the requirements of a feeder pig monitored herd in which all breeding swine are vaccinated with a single manufacturer's approved differential vaccine and that has been tested negative using an approved differential test or official test.

(5) "Veterinarian" means a person licensed to practice veterinary medicine under article 15 of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.16101 to 333.18838 of the Michigan Compiled Laws, or under a state or federal law applicable to that person.

(6) "Veterinary biological" means a product of biological origin used in the diagnosis, prevention, or treatment of animal disease, including, but not limited to, serums, vaccines, antitoxins, bacterins, and antigens.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.817 Pseudorabies and brucellosis in porcine species; disease control and eradication; agreements with secretary of agriculture; market swine identification program.

Sec. 17.

(1) The director may enter into agreements with the secretary of agriculture, United States department of agriculture, the secretary's authorized representative, or any other person to further pseudorabies and brucellosis disease control and eradication.

(2) The department shall cooperate with the United States department of agriculture in the control and eradication of brucellosis and pseudorabies in all porcine species in this state and shall provide assistance to pseudorabies and brucellosis quarantined herds for the purposes of elimination of pseudorabies and brucellosis and the removal of quarantines.

(3) The department may participate in the market swine identification program as set forth in title 9 of the code of federal regulations and the uniform methods and rules for brucellosis eradication approved by veterinary services of the animal and plant health inspection service of the United States department of agriculture and all amendments thereafter adopted pursuant to rules promulgated by the director, or may test for pseudorabies or brucellosis in any samples of porcine blood or tissue collected at a United States department of agriculture or department approved slaughter facility, any livestock collection or market facility, or any sample of porcine blood or tissue submitted for diagnostic purposes to a United States department of agriculture officially approved laboratory. The slaughter facility, livestock collection or market facility, or laboratory shall provide adequate room, time, and safe conditions for the collection of blood or tissue samples.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.819 Feeder pigs; origination and movement requirements.

Sec. 19.

(1) Feeder pigs shall originate from a breeding herd whose status has been established as any of the following:

(a) Feeder pig monitored herd.

(b) Qualified pseudorabies negative herd.

(d) Qualified pseudorabies negative gene-altered vaccinated herd.

(e) A herd located in an area recognized as a stage III or equivalent low prevalence area or region as designated by the director.

(f) A herd with any other status classification that is determined by the director to provide reasonable assurance that the pigs are not infected with pseudorabies.

(2) Feeder pigs that do not originate from a herd of origin with a status described in subsection (1) shall be individually tested negative within 30 days prior to movement.

(3) All feeder pigs sold, loaned, leased, or moved within this state, except those exempted by the state veterinarian, shall be by a direct movement unless the movement is through a swine market where they are held for less than 24 hours.

(4) Swine that are additions to a herd from any other source herd shall not be moved from that herd based on herd status until they have been a part of that herd for at least 120 days prior to movement unless either of the following occurs:

(a) They are individually tested negative to an official test for pseudorabies which shall be performed no sooner than 30 days after the date of direct movement into the herd.

(b) They are sold or moved directly to slaughter or through slaughter marketing channels.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.821 Transferring swine infected with or exposed to pseudorabies; transferring feeder pigs to approved pseudorabies quarantined feedlot; movement permit; requirements.

Sec. 21.

(1) A person shall not sell, loan, lease, move, or otherwise transfer swine known to be infected with, or known to have been exposed to, pseudorabies except directly to slaughter or through slaughter swine market channels unless permission of the director is obtained. Feeder pigs may be transferred to an approved pseudorabies quarantined feedlot as part of a pseudorabies herd agreement and herd cleanup plan. The pseudorabies herd agreement shall operate as the written permission of the director for movement from the quarantined premises.

(2) Feeder pigs may be sold, loaned, leased, or moved from a quarantined premises to an approved pseudorabies quarantined feedlot only when accompanied by a movement permit, a copy of which shall be forwarded to the director within 5 days of movement.

(3) Feeder pigs to be transferred shall be in compliance with all of the following:

(a) Bear official identification which contains the herd number assigned to the herd of origin by the director.

(b) Have been vaccinated for pseudorabies prior to movement using a differential vaccine specified and approved by the director.

(d) Not move through a swine market or other facility or premises prior to arrival at the approved pseudorabies quarantined feedlot.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.823 Identification of feeder pigs.

Sec. 23.

(1) Feeder pigs shall be identified in a manner as described in subsection (2) in a manner that allows tracing to the herd of origin for the purpose of epidemiology and investigations to determine the spread of disease.

(2) Feeder pigs shall be identified before leaving the herd of origin with official identification that contains the herd number assigned to that herd by the director unless any of the following occur:

(a) They are consigned to a swine market or assembly point where they are identified by official ear tags which identify the market with a United States department of agriculture, animal and plant health inspection service, veterinary services prefix and a 4-digit number that allows tracing to the herd of origin by records maintained at the swine market or assembly point.

(b) They are sold to an approved pseudorabies quarantined feedlot where they are identified on entry in accordance with this act and rules promulgated pursuant to this act, and records are maintained that allow tracing to the herd of origin.

(c) They are sold to a broker who identifies the pigs by official ear tags which identify the broker with a United States department of agriculture, animal and plant health inspection service, veterinary services prefix and 4-digit number that allows tracing to the herd of origin by records maintained by the broker.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.825 Establishment of herd status; conducting official pseudorabies test; transfer of status; schedule; test requirements; herd number or designations; retesting.

Sec. 25.

(1) Beginning 90 days after the effective date of this act, each owner of any swine herd of unknown status shall cause an official test for pseudorabies to be conducted on such herd at the owner's expense for establishment of at least 1 of the following herd statuses:

(a) A qualified pseudorabies negative herd.

(b) A qualified pseudorabies negative gene-altered vaccinated herd.

(d) A vaccinated feeder pig monitored herd.

(e) An approved pseudorabies quarantined feedlot herd.

(f) An infected herd.

(g) A monitored feedlot.

(2) Herd status is not transferable to a herd moved to another swine premises without prior approval of the director.

(3) Approved pseudorabies quarantined feedlots shall establish pseudorabies status on a schedule prescribed by the director at the director's request and at the owner's expense.

(4) Except as otherwise provided in this subsection, an owner of a swine herd shall be responsible for all costs of tests required under this section. An owner in compliance with the test requirements of this section may receive a certificate of compliance on a form prescribed by the director. Testing of herds shall continue at the owner's expense until this state or the region of the state in which the herd is located is recognized by the United States department of agriculture as a state or region in stage III of the pseudorabies eradication state-federal-industry program standards or an equivalent low prevalence status by the director. A herd shall be quarantined if the owner does not cause a herd test to be performed within 60 days after notification from the director that a herd test is necessary. If the required testing is not performed within 30 days after issuance of quarantine, the director may order that the herd be tested by a department veterinarian or an accredited veterinarian at the herd owner's expense.

(5) A person shall not sell, loan, lease, move, or otherwise transfer any swine unless it can be demonstrated that such person is a herd owner whose herd has been issued a herd number by the department or is a licensed broker.

(6) The director may adopt other acceptable herd designations for pseudorabies status as technology and program advances make them available.

(7) Vaccinated herds shall be retested annually. Vaccinated herds that are not retested on an annual basis within 60 days after the anniversary test date shall be quarantined. The director shall then notify the owner of the herd of the issuance of the quarantine and advise the owner that testing is due. Such herds shall be tested at the owner's expense within 30 days after notification by the director that testing is due and that the quarantine has been issued. If the required testing is not performed within 60 days after the date of quarantine, the director may order that the herd be tested by a department veterinarian or an accredited veterinarian at the herd owner's expense. Herds that test negative to pseudorabies by an official test and that have discontinued vaccinating may be reclassified as feeder pig monitored herds.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.827 Pseudorabies and swine brucellosis control and eradication fund.

Sec. 27.

There is created within the department of treasury a pseudorabies and swine brucellosis control and eradication fund which shall be administered by the director. Fees assessed and collected pursuant to this act shall be remitted to the state treasury for credit to the pseudorabies and swine brucellosis control and eradication fund. Money in the pseudorabies and swine brucellosis control and eradication fund shall be used for the control, eradication, and surveillance of pseudorabies and swine brucellosis as determined by the director, with advice from the pseudorabies advisory committee. The pseudorabies and swine brucellosis control and eradication fund shall consist of money appropriated by the legislature and gifts, grants, fees, and charges from any source. A fee for the testing of swine for pseudorabies and brucellosis shall be determined by the commission of agriculture. Money placed into this fund shall not revert to the general fund and shall be carried forward in the fund from year to year.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.829 Pseudorabies; diagnosis; availability of herd for testing.

Sec. 29.

(1) When pseudorabies is diagnosed in swine purchased from or sold to another producer in the preceding 12 months, the owners of both the herd of origin and the herd of destination shall make available their herds for testing on a schedule prescribed by the director at the director's request.

(2) When pseudorabies infection is diagnosed, any herd having contact with the infected herd, as determined by epidemiological evidence, or located in the surrounding area within 1-1/2 miles of the infected herd shall be tested for the presence of pseudorabies at the request of the director.

(3) Upon request of the director, owners of swine within the state of Michigan shall make available their swine for testing for pseudorabies or brucellosis. The owner shall provide necessary facilities for handling, restraint, and testing, and shall render reasonable assistance as may be required by the director. The department shall be responsible for all costs and personnel for the collection and analysis of test samples under this subsection.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.831 Status as pseudorabies quarantined infected herd; agreements; herd cleanup plan; slaughter or other disposition; introduction of animals into infected herd; compliance; movement of vaccinated breeding swine; information furnished to department.

Sec. 31.

(1) Not later than 180 days after the effective date of this act, owners of all herds with the status as a pseudorabies quarantined infected herd shall enter into a pseudorabies herd agreement or an approved pseudorabies quarantined feedlot agreement with the director. When pseudorabies is diagnosed in a swine herd, the herd owner shall enter into a pseudorabies herd agreement and a herd cleanup plan within 90 days after the issuance of the quarantine. All herd cleanup plans shall be formulated with the goal of eradication of the pseudorabies virus from the herd within a maximum of 36 months from the date of the approval of the pseudorabies herd agreement by the official pseudorabies epidemiologist for this state. The herd cleanup plan shall be part of an approved pseudorabies herd agreement.

(2) If it is determined by the director that the control or eradication of swine brucellosis or pseudorabies warrants the slaughter or other disposition of infected or exposed swine, the director may order the slaughter or other disposition of the swine.

(3) The director may order slaughter or other disposition of herds whose owners do not enter into a pseudorabies herd agreement or an approved pseudorabies quarantined feedlot agreement.

(4) The director may prohibit the introduction of animals into an infected herd.

(5) A person shall not knowingly purchase, move, or import feeder swine or breeding swine from a seller who has not complied with the provisions of this act or rules promulgated pursuant to this act.

(6) Vaccinated breeding swine shall move only directly to slaughter or through slaughter market channels and shall not be sold, loaned, leased, or moved to another swine premises without the permission of the director.

(7) The owner of a herd in which pseudorabies infection has been diagnosed shall furnish the following information to the department:

(a) A list of all swine that are additions to the herd from another herd during the preceding 12 months including the number of animals added and the address of origin.

(b) A list of sales and movement of all swine from the herd within the preceding 12 months including number sold and the address of their destination.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.833 Identification of herd of origin; notification; availability of herd for official test.

Sec. 33.

(1) Brucellosis or pseudorabies positive swine shall be traced to the herd of origin. The director shall notify the owner of the herd of origin within 60 days after the date the department is notified of positive swine.

(2) When the herd of origin has been identified, the owner of the swine herd in this state shall, upon request by the director, make available his or her swine for an official test for the detection of brucellosis or pseudorabies and shall provide the necessary facilities for handling and restraining the swine, and shall render any reasonable assistance required by the director. The department shall provide personnel and assume expense for the collection and analysis of samples.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.835 Approved pseudorabies quarantined feedlot.

Sec. 35.

(1) The director shall issue a certificate to the owner of an approved pseudorabies quarantined feedlot for the acceptance of feeder pigs from a pseudorabies quarantined premises and for the purpose of feeding such pigs in isolation from other animals and for sale and direct movement to slaughter or another approved quarantined feedlot only.

(2) A person shall not accept swine from pseudorabies quarantined herds for any purpose other than slaughter unless prior permission is obtained from the director. The approved quarantined feedlot certificate may be issued by the director following inspection of the swine premises and receipt of a signed agreement between the feedlot owner and the director containing the following conditions:

(a) That swine on the premises are kept in isolation from other domestic livestock.

(b) That an approved pseudorabies quarantined feedlot be constructed and operated in order to prohibit swine in the feedlot from coming in contact with, or exposing other livestock to, a contagious infectious disease.

(3) An approved pseudorabies quarantined feedlot shall be maintained in a condition free from accumulation of manure or waste material. Other livestock shall not have access to manure or other waste material removed from the approved pseudorabies quarantined feedlot in accordance with the Michigan right to farm act, Act No. 93 of the Public Acts of 1981, being sections 286.471 to 286.474 of the Michigan Compiled Laws.

(4) Drainage from an approved pseudorabies quarantined feedlot shall not be permitted to flow into areas of access to other livestock.

(5) The facility must be constructed and maintained in such a manner that it can be cleaned and disinfected.

(6) Breeding swine shall not be allowed to enter into an approved pseudorabies quarantined feedlot. Breeding swine shall not be maintained on the premises of the approved pseudorabies quarantined feedlot at any time.

(7) Feeder pigs shall not be moved onto an approved pseudorabies quarantined feedlot from a quarantined herd unless the feeder pigs are accompanied by a movement permit, a copy of which shall remain at the premises as part of the permanent record of the feedlot.

(8) Swine that do not originate from a quarantined pseudorabies infected herd shall not be moved onto an approved pseudorabies quarantined feedlot unless such swine bear official identification and are vaccinated for pseudorabies with a pseudorabies veterinary biological approved by the director on or prior to entry into the approved pseudorabies quarantined feedlot. Vaccination shall be performed at the approved pseudorabies quarantined feedlot at the owner's expense.

(9) Dead swine shall be kept in an area where domestic animals and wildlife cannot have contact with or have access to them and shall be disposed of in accordance with section 57 of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being section 750.57 of the Michigan Compiled Laws.

(10) Individual swine shall only be kept in an approved pseudorabies quarantined feedlot for a maximum of 5 months and then shall be transferred as a direct movement to slaughter or through slaughter market channels to slaughter.

(11) Records of swine purchases and sales, including names of sellers and buyers, dates of purchase and sale, movement permits, proof of vaccination, numbers of head, and individual animal identification shall be kept for not less than 1 year by the approved quarantined feedlot owner. The director may inspect and make copies of the records of any approved pseudorabies quarantined feedlot at any time to determine the origin and disposition of any animals handled by the feedlot and to determine if provisions of the act or rules have been violated.

(12) A certificate issued to the owner of an approved pseudorabies quarantined feedlot shall expire 12 months after an agreement described in subsection (2) is entered into. The director shall issue a certificate for another 12-month period upon compliance of the feedlot owner with subsection (2).

(13) The director may revoke the certificate and prohibit entry of any swine to the approved pseudorabies quarantined feedlot premises at any time it is determined that the provisions of this act or rules promulgated pursuant to this act have been violated or it is determined by the director there has been failure to maintain compliance with this act or the rules promulgated pursuant to this act.

(14) The certificate shall expire not later than 90 days after the date on which notice is received from the director that the county where the approved pseudorabies quarantined feedlot is located has less than 10 quarantined infected herds. Swine shall not be added to an approved quarantined feedlot after expiration or revocation of the certificate until all swine have been removed and the premises cleaned by the operator then disinfected under the supervision of the director.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.837 Importing swine into state with prior entry permit; delivery to slaughterhouse or collection facility; compliance; requirements for breeding swine imported into state.

Sec. 37.

(1) A person shall not import into this state swine, other than swine consigned directly to a slaughterhouse or to an approved livestock auction market for sale as slaughter swine, without a prior entry permit obtained from the director.

(2) Swine brought into this state for slaughter shall be delivered only to a slaughterhouse approved by the director to receive livestock for slaughter, or to a collection facility approved by the director to receive swine for slaughter. The swine shall be killed within 48 hours after arrival at the slaughterhouse.

(3) Breeding swine brought into this state shall comply with 1 or more of the following:

(a) Be accompanied by proof that the swine have tested negative to an official test for brucellosis in the 1:25 dilution, conducted in a laboratory approved by the United States department of agriculture within 30 days before importation.

(b) Originate directly from a validated brucellosis-free herd of swine as set forth in title 9 of the code of federal regulations and the uniform methods and rules for brucellosis eradication approved by veterinary services of the animal and plant health inspection service of the United States department of agriculture which became effective on July 1, 1986, and all amendments thereafter adopted pursuant to rules promulgated by the director.

(4) Breeding swine imported into this state shall test negative to an official pseudorabies test conducted within 30 days before importation, shall originate directly from a pseudorabies qualified negative herd as defined in title 9 of the code of federal regulations, or shall originate from a pseudorabies free state or region as determined by the director.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.839 Importation of swine; requirements; waiver.

Sec. 39.

(1) Breeding swine brought into this state shall remain at the destination stated on the official interstate health certificate or official interstate certificate of veterinary inspection until the herd owner obtains a negative official test for pseudorabies conducted not less than 30, or more than 60, days following the date of importation. The director may grant an exemption for infected herds under quarantine.

(2) Swine imported into this state shall bear official identification.

(3) The importation of swine vaccinated for pseudorabies is prohibited.

(4) A person shall not bring swine into this state from a livestock auction market or other collection facility where slaughter swine are handled except when importing swine for slaughter purposes only.

(5) The director may waive specific requirements if it is determined that livestock imported from a certain area or state are not a threat to the health of native livestock.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.841 Importation of feeder pigs; requirements; entry of feral swine.

Sec. 41.

(1) Feeder pigs imported into this state shall meet 1 of the following requirements:

(a) Originate directly from a feeder pig monitored herd or qualified negative pseudorabies free herd.

(b) Originate directly from a herd in a state which participates in a pseudorabies testing program that is approved by the director.

(c) Originate directly from a pseudorabies free state or region as designated by the United States department of agriculture or as determined by the director.

(2) Feral swine shall not be allowed to enter the state of Michigan for any purpose without specific permission of the director.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.843 Pseudorabies veterinary biological; use; conditions; distribution.

Sec. 43.

(1) The use of a pseudorabies veterinary biological is prohibited except when used or prescribed for use by an accredited veterinarian. A person shall not use or prescribe for use any pseudorabies veterinary biological for swine unless 1 of the following conditions is met:

(a) The herd in which the vaccine is used is a pseudorabies vaccinated feeder pig monitored herd whose owner has been issued a certificate by the director which lists the type of vaccine used.

(b) The herd in which the vaccine is used is a qualified pseudorabies negative gene-altered vaccinated herd as defined in title 9 of the code of federal regulation and whose owner has been issued a certificate by the director which lists the type of vaccine used.

(c) The herd in which the vaccine is used is a pseudorabies quarantined herd and the vaccine is used as part of the pseudorabies herd agreement approved by the director and the herd owner is issued a certificate by the director which lists the type of vaccine used.

(d) The herd in which the vaccine is used is an approved pseudorabies quarantined feedlot herd and the owner is issued a certificate by the director which lists the type of vaccine to be used.

(e) Prior permission of the director is obtained.

(2) A vaccine for pseudorabies that is not a differential vaccine shall not be used or dispensed for use in this state.

(3) Distribution of a pseudorabies veterinary biological must be reported to the director by the accredited veterinarian within 30 days of administration, dispensing, sale, or prescribing for use any pseudorabies veterinary biological.

History: 1992, Act 239, Eff. Mar. 31, 1993
Compiler's Notes: In subsection (1)(b), “code of federal regulation” evidently should read “code of federal regulations.”

287.845 Swine presented to livestock auction or collection point as entering interstate commerce.

Sec. 45.

All swine presented to a livestock auction or collection point licensed under Act No. 284 of the Public Acts of 1937, being sections 287.121 to 287.131 of the Michigan Compiled Laws, shall be considered to have entered interstate commerce and shall be identified prior to sorting and grouping in accordance with title 9 of the code of federal regulations, and all amendments thereafter adopted pursuant to rules promulgated by the director.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.847 Livestock auction market, yards, and premises considered infected with organisms of infectious diseases of swine; moving or selling swine; identification; proof, test report, or permission required; copy of documents; feral swine entering facility for other than immediate slaughter.

Sec. 47.

(1) For the purpose of this act, a livestock auction market, public stockyard, auction sale yard, livestock yard, garbage feeding premises, and slaughterhouse premises shall be considered as infected with the organisms of infectious diseases of swine.

(2) Swine shall not be moved or sold from a livestock auction market, public stockyard, auction sale yard, livestock yard, garbage feeding lot or premises, or slaughterhouse premises except for immediate slaughter.

(3) Swine, including feeder pigs, that are sold, loaned, leased, or otherwise transferred or moved within this state shall bear individual official identification.

(4) Breeding swine which are sold, loaned, leased, or otherwise transferred or moved within this state shall be accompanied by 1 of the following:

(a) Proof that the swine originate directly from a qualified pseudorabies negative herd or qualified pseudorabies negative gene-altered vaccinated herd as defined in title 9 of the code of federal regulations or other acceptable herd status as determined by the director. Proof may consist of a copy of a valid certificate issued by the department stating that the herd meets the requirements for such herd status as is acceptable to the department.

(b) An official test report that indicates that the swine have been tested for pseudorabies within 30 days before sale or movement and have received negative results.

(c) Proof that the breeding swine originate from an area or region recognized as a stage IV or equivalent low prevalence area as approved by the director.

(d) Prior permission of the director.

(5) A person who moves or sells swine shall, upon request, present for inspection the documents required by subsection (4), and a person who sells breeding swine shall provide to the purchaser a copy of the documents.

(6) Feral swine shall not be allowed to enter any facility for any purpose other than for immediate slaughter without the permission of the director.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.849 Sale as feeding and breeding swine; requirements; conveyance; facilities approved as swine assembly point; pseudorabies test requirements; identification of swine consignment; removal of swine from premises.

Sec. 49.

(1) The director may approve the designation of a swine assembly point for swine to be assembled and grouped for sale as feeding and breeding swine when facilities are provided separate and apart from any slaughter hogs if these facilities, methods of operations, and management practices have been inspected and approved by the director. Swine within this state which are not subject to quarantine and which are handled in compliance with this act and all rules pursuant to this act may be sold from other than a swine assembly point for purposes other than immediate slaughter only when the swine are moved from the vehicles in which they were delivered and loaded directly onto vehicles in which the swine are removed from the sales premises.

(2) Swine offered for sale shall be clinically free of infectious, contagious, or toxicological diseases and shall not originate from a quarantined premises.

(3) A conveyance bringing swine to or removing swine from a swine assembly point or market shall be free of accumulated litter or manure.

(4) An approved swine assembly point for the sale of swine shall meet all of the following requirements:

(a) Be constructed in a manner to provide protection of the swine from inclement weather.

(b) Have floors constructed of an impervious material that can be easily cleaned.

(d) Have an adequate supply of potable water.

(e) Be constructed in a manner to provide ample penning facilities with adequate room in the pens.

(f) Be constructed to properly contain the animals.

(5) An approved swine assembly point shall be thoroughly cleaned and disinfected 48 hours before each sale day using a procedure approved by the director.

(6) Breeding swine shall meet the pseudorabies test requirements specified in this act.

(7) Feeder swine may be assembled, graded, and grouped for sale provided that each consignment of swine shall be individually identified to the consignor by official identification.

(8) Swine sold at an approved swine assembly point shall be removed from the premises within 24 hours after the sale. The director shall not approve a swine assembly point to handle both feeder pigs and breeding swine.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.851 Pseudorabies advisory committee.

Sec. 51.

(1) The director may establish a pseudorabies advisory committee. The committee shall be composed of, but not limited to, swine producers, animal scientists, state and federal regulatory officials, veterinarians, representatives of organizations and cooperatives in the swine industry, auction markets, the packing industry, and extension specialists.

(2) The director may consult with the committee on issues which include, but are not limited to, intrastate regulations, interstate regulations, and progress of the state on pseudorabies and brucellosis control and eradication programs.

(3) The committee shall maintain liaison with other states and the federal government and with the national pseudorabies eradication program standards committee through state and national producer and livestock associations, organizations, and agencies.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.853 Pseudorabies herd cleanup technical advisory committee.

Sec. 53.

(1) The director may establish and consult with a pseudorabies herd cleanup technical advisory committee.

(2) The pseudorabies herd cleanup technical advisory committee shall serve as a resource and, at the request of the director, shall do the following:

(a) Evaluate progress made in accomplishing elimination of pseudorabies virus from an infected herd.

(b) Assist in obtaining cooperation from herd owners.

(d) Make recommendations for depopulation of infected herds.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.855 Violations; penalties; enforcement.

Sec. 55.

(1) A person who commits 1 or more of the following is guilty of a felony punishable by a fine of not less than $1,000.00 or more than $50,000.00, imprisonment of not more than 5 years, or both, and shall not be eligible to receive any indemnification payments, at the discretion of the director:

(a) Intentionally contaminating or exposing livestock to an infectious, contagious, or toxicological disease for the purpose of receiving indemnification from the state or causing the state to destroy affected livestock.

(b) Intentionally making a false statement on an application for indemnification or reimbursement from the state.

(d) Intentionally importing into this state, without permission from the director, diseased livestock or livestock exposed to an infectious, contagious, or toxicological disease.

(e) Intentionally misrepresenting the health, medical status, or prior treatment for an infectious, contagious, or toxicological disease of livestock to facilitate movement or transfer of ownership to another person.

(2) A person who violates this act or a rule promulgated under this act other than subsection (1) is guilty of a misdemeanor, punishable by a fine of not less than $300.00 or imprisonment of not less than 30 days, or both.

(3) A person authorized by the director to enforce this act may issue an appearance ticket, as described and authorized by sections 9a to 9g of chapter 4 of the code of criminal procedure, Act No. 175 of the Public Acts of 1927, being sections 764.9a to 764.9g of the Michigan Compiled Laws, for any violation of this act classified as a misdemeanor.

(4) Notwithstanding the provisions of this act, the department may bring an action to do either of the following:

(a) Obtain a declaratory judgment that a method, act, or practice is a violation of this act.

(b) Obtain an injunction against a person who is engaging, or about to engage, in a method, act, or practice that violates this act.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.857 Rules.

Sec. 57.

The department of agriculture may promulgate rules for the implementation and enforcement of this act pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.

History: 1992, Act 239, Eff. Mar. 31, 1993

287.859 Repeal of MCL 287.717, 287.725, 287.736, 287.737, and 287.738.

Sec. 59.

Sections 17, 25, 36, 37, and 38 of Act No. 466 of the Public Acts of 1988, being sections 287.717, 287.725, 287.736, 287.737, and 287.738 of the Michigan Compiled Laws, are repealed.

History: 1992, Act 239, Eff. Mar. 31, 1993

FERRETS
Act 358 of 1994
AN ACT to regulate the possession of ferrets; to provide for the licensing of ferrets; to provide for requirements for importation and rabies control procedures for ferrets; to provide for the powers and duties of certain governmental entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts.

History: 1994, Act 358, Imd. Eff. Dec. 22, 1994

The People of the State of Michigan enact:

287.891 Definitions.

Sec. 1.

(1) "Accredited veterinarian" means a veterinarian approved by the United States department of agriculture to perform specific functions required by cooperative state and federal disease control and eradication programs.

(2) "Animal" means an animal other than a human being.

(3) "Animal control officer" means an individual employed as an animal control officer pursuant to sections 29a, 29b, and 29c of the dog law of 1919, Act No. 339 of the Public Acts of 1919, being sections 287.289a, 287.289b, and 287.289c of the Michigan Compiled Laws.

(4) "Approved vaccine" means a vaccine authorized by the state veterinarian pursuant to the animal industry act of 1987, Act No. 466 of the Public Acts of 1988, being sections 287.701 to 287.747 of the Michigan Compiled Laws.

(5) "Breeder" means a person who is a dealer as defined in the animal welfare act, Public Law 89-544, 7 U.S.C. 2131 to 2147, 2149, and 2151 to 2159, and who is regulated by the United States department of agriculture as a class A licensee, breeder, or a class B licensee, meeting the definition of dealer in §1.1, pursuant to title 9, C.F.R., subchapter A, part 1, section 1.1 and subpart F, sections 3.125 through 3.142.

(6) "Department" means the department of agriculture.

(7) "Director" means the director of the department of agriculture or his or her authorized representative.

(8) "Ferret" means an animal of any age of the species Mustela furo.

(9) "Hobby breeder" means a person who owns 4 or fewer ferrets that are at least 6 months of age or a litter of ferrets that is less than 5 months of age on a temporary basis for personal recreational purposes such as competitions in shows or improving the breed, and who registers his or her ferrets with a national ferret registry organization.

(10) "Law enforcement agent" means an officer of the department of state police, a law enforcement agency of a county, township, city, or village who is responsible for the prevention and detection of crime and enforcement of the criminal laws of this state, or a conservation officer.

(11) "Local unit of government" means a county, city, village, or township.

(12) "Official interstate health certificate" or "official certificate of veterinary inspection" means a printed form that is adopted by any state that documents the information described in this subsection and that is issued by an accredited veterinarian for animals being imported or exported from this state within 30 days before the importation or exportation of the animals it describes. A photocopy of an official interstate health certificate or official certificate of veterinary inspection is not valid. An official interstate health certificate or official certificate of veterinary inspection shall include all of the following:

(a) The complete names and addresses of the consignor and consignee and the destination address if different from the consignee address.

(b) A description of the ferret by breed, sex, age, color, markings, and other identification.

(d) The health status of the ferret by recording the results of any required tests and required vaccinations. The accredited veterinarian preparing the certificate shall certify that the ferret is free from clinical signs of infectious, contagious, or toxicological diseases.

(13) "Owner" means a person having a right of property ownership in a ferret, who keeps or harbors the ferret or has the ferret in his or her care or custody, or who permits the ferret to remain on or about premises occupied by the person. An owner does not include a veterinarian who keeps a ferret on a temporary basis for medical care or treatment.

(14) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.

(15) "State veterinarian" means the chief animal health official of the state as appointed by the director under section 7 of the animal industry act of 1987, Act No. 466 of the Public Acts of 1988, being section 287.707 of the Michigan Compiled Laws.

(16) "Veterinarian" means a person licensed to practice veterinary medicine under article 15 of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.16101 to 333.18838 of the Michigan Compiled Laws, or under the law of another state or federal authority that is applicable to that person.

History: 1994, Act 358, Imd. Eff. Dec. 22, 1994

287.892 Ferrets; vaccinations required; exception; bite, scratch, abrasions, or contamination; report to county health department; handling; production of rabies certificate upon request.

Sec. 2.

(1) A person shall not own or harbor a ferret over 12 weeks of age unless the ferret has a current vaccination against rabies with an approved rabies vaccine administered by a veterinarian, except that rabies vaccinations are not required for research ferrets kept at research facilities registered pursuant to the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.1101 to 333.25211 of the Michigan Compiled Laws.

(2) A person who owns or harbors a ferret that has bitten, scratched, caused abrasions or contaminated with saliva or other infectious material an open wound or mucous membrane of a human being shall report the incident within 48 hours to the county public health department.

(3) A person who owns or harbors a ferret that has potentially exposed a person or other animal to rabies by biting, scratching, causing abrasions, or contaminating open wounds or mucous membranes with saliva or other infectious material shall handle the ferret in accordance with current published guidelines of the centers of disease control and prevention.

(4) A person who owns or harbors a ferret shall produce proof of a valid rabies certificate signed by a veterinarian for the ferret upon request of a law enforcement agent or animal control officer or the director.

History: 1994, Act 358, Imd. Eff. Dec. 22, 1994

287.893 Ferrets; breeding without license; criteria; review of veterinary care; compliance; violation as misdemeanor.

Sec. 3.

(1) A hobby breeder may engage in the breeding of ferrets without a license or permit if all of the following criteria are met:

(a) Ferrets are housed indoors, and the temperature is sufficiently regulated by heating or cooling to protect the ferrets from extremes of temperature, to provide for their health, and to prevent their discomfort. Fresh air is provided by means of windows, doors, vents, fans, or air conditioning and shall be ventilated so as to minimize drafts, odors, and moisture condensation. Lighting by natural or artificial means is ample and of sufficient intensity to permit routine inspection and cleaning.

(b) Each ferret has a minimum of 2 square feet of floor space in a well-ventilated cage. Each cage is equipped with, at a minimum, a food hopper or bowl, a water bottle, a litter box, and bedding appropriate for the season. Breeding females are provided with a draft-proof nest box of not less than 1 cubic foot of space.

(c) The food is wholesome and of sufficient quantity and nutritive value to maintain all ferrets in good health. Ferrets are fed at least once a day except as dictated by veterinary treatment. Food receptacles are located so as to be accessible and placed so as to minimize contamination. Food receptacles are kept clean and sanitary at all times.

(d) Water is accessible at all times, except as dictated by veterinary treatment, for the health and comfort of the ferret. All water receptacles are kept clean and sanitary at all times.

(e) Excretia is removed from a cage and a litter box is disinfected as often as necessary to maintain ferrets in a state of good health and minimize odors.

(f) A ferret with any congenital or developmental defect is not used in a breeding program or offered for stud or hire.

(g) Beginning on the effective date of this act, a ferret is not sold by a hobby breeder without a contract of sale that provides that if for any reason the buyer of the breeder's ferret or ferrets finds that the buyer can no longer keep the ferret or ferrets, the breeder will take the ferret or ferrets back without question or conditions placed on the return of the animal. The contract shall make it clear that the buyer shall not sell, surrender, give, or otherwise transfer the ferret or ferrets to anyone except the original breeder.

(h) A ferret is not sold or offered for sale before the ferret is at least 10 weeks old.

(i) The hobby breeder establishes a program of veterinary care with a veterinarian that includes regularly scheduled visits to monitor ferret health and husbandry.

(2) The hobby breeder's veterinarian shall annually review the program of veterinary care required under subsection (1)(i).

(3) A breeder may engage in the breeding of ferrets pursuant to title 9, C.F.R., subchapter A, part 1, section 1.1 and subpart F, sections 3.125 through 3.142.

(4) A person who violates this section is guilty of a misdemeanor.

History: 1994, Act 358, Imd. Eff. Dec. 22, 1994

287.894 Ferrets; identification; confinement; release or abandonment.

Sec. 4.

(1) The director may require that a ferret be identified pursuant to Act No. 309 of the Public Acts of 1939, being sections 287.301 to 287.308 of the Michigan Compiled Laws, at the expense of the owner.

(2) An owner shall prevent a ferret from leaving the owner's property unless the ferret is confined or leashed and under the direct control of the owner or a responsible person designated by the owner.

(3) A person shall not release a ferret into the wild or abandon a ferret.

History: 1994, Act 358, Imd. Eff. Dec. 22, 1994

287.895 Importation.

Sec. 5.

(1) A person shall not import a ferret into this state unless the person has an official interstate health certificate or official certificate of veterinary inspection signed by an accredited veterinarian and a current rabies vaccination if the ferret is over 12 weeks of age, and a current distemper vaccination if the ferret is over 6 weeks of age. A record of the vaccinations including date and type administered shall be on the official interstate health certificate or official certificate of veterinary inspection. A copy of the official interstate health certificate or official certificate of veterinary inspection approved by the state veterinarian in the state of origin shall be forwarded to the state veterinarian within 10 days after the date of issuance. An official interstate health certificate may be obtained from a veterinarian or the department.

(2) A ferret under 6 weeks of age shall not be imported into this state unless it is accompanied by its natural mother.

History: 1994, Act 358, Imd. Eff. Dec. 22, 1994

287.896 Sale or transfer.

Sec. 6.

A person who sells or transfers a ferret shall furnish a ferret health information sheet provided by the director to the person to whom a ferret is sold or transferred.

History: 1994, Act 358, Imd. Eff. Dec. 22, 1994

287.897 Quarantine.

Sec. 7.

(1) The director may declare a quarantine on ferrets in any district or region of this state to control or prevent the spread of an infectious, contagious, or toxicological disease. A person shall not move a ferret that is under quarantine to other premises without permission from the director. A person shall not allow a ferret under quarantine to mingle or have contact with animals that the director has not placed under quarantine without the permission of the director. The director may prescribe procedures for the identification, inventory, separation, mode of handling, treatment, feeding, and caring for the quarantined ferrets to prevent the quarantined ferrets from infecting nonquarantined animals. A person shall not import into this state a ferret from another state or jurisdiction if that ferret is under quarantine in the other state or jurisdiction unless that person obtains prior permission from the director.

(2) A ferret found running at large in violation of a quarantine declaration may be killed by a law enforcement agent or animal control officer. The director may ask for the cooperation of a law enforcement agency or animal control agency to enforce the quarantine.

(3) A law enforcement agent or animal control officer who kills a ferret due to a quarantine under this section is not subject to liability as a result of the killing of the ferret.

History: 1994, Act 358, Imd. Eff. Dec. 22, 1994

287.898 Licensing requirements; ordinances established by local units of government.

Sec. 8.

A local unit of government by ordinance may establish licensing requirements for ferrets. The ordinance shall provide for proof of rabies vaccination, license tags, forms, and procedures as described for dogs pursuant to the dog law of 1919, Act No. 339 of the Public Acts of 1919, being sections 287.261 to 287.290 of the Michigan Compiled Laws.

History: 1994, Act 358, Imd. Eff. Dec. 22, 1994

287.899 Violation as misdemeanor; penalty; actions by law enforcement agent, animal control officer, or director.

Sec. 9.

(1) A person who intentionally violates a condition of a quarantine is guilty of a misdemeanor, and shall pay the costs of the quarantine and prosecution. In addition, the misdemeanor is punishable by 1 or more of the following:

(a) Imprisonment for not more than 1 year.

(b) A fine of not more than $5,000.00.

(d) Permanent relinquishment of the privilege of animal ownership.

(2) A person who violates this act or a rule promulgated under this act other than as provided under subsection (1) or (3) is guilty of a misdemeanor, and shall pay the costs of the prosecution. In addition, the misdemeanor is punishable by 1 or more of the following:

(a) Imprisonment for not more than 90 days.

(b) A fine of not less than $500.00 or more than $1,000.00.

(d) Permanent relinquishment of the privilege of animal ownership.

(3) A person who violates section 4(2) is guilty of a misdemeanor punishable by a fine of not more than $100.00, and shall pay the costs of the prosecution.

(4) A law enforcement agent, an animal control officer, or the director may issue an appearance ticket, as described and authorized by sections 9a to 9g of chapter IV of the code of criminal procedure, Act No. 175 of the Public Acts of 1927, being sections 764.9a to 764.9g of the Michigan Compiled Laws, for any misdemeanor violation of this act as described in subsection (2).

(5) In addition to any other action authorized by this act, a law enforcement agent, an animal control officer, or the director may bring an action to do 1 or more of the following:

(a) Obtain a declaratory judgment that a method, act, or practice is a violation of this act.

(b) Obtain an injunction against a person who is engaging, or about to engage, in a method, act, or practice that violates this act.

History: 1994, Act 358, Imd. Eff. Dec. 22, 1994

287.900 Rules.

Sec. 10.

The director may promulgate rules for the implementation and enforcement of this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

History: 1994, Act 358, Imd. Eff. Dec. 22, 1994 ;-- Am. 2006, Act 220, Imd. Eff. June 26, 2006

287.901 Repeal of MCL 317.151 to 317.152.

Sec. 11.

Act No. 277 of the Public Acts of 1927, being sections 317.151 to 317.152 of the Michigan Compiled Laws, is repealed.

History: 1994, Act 358, Imd. Eff. Dec. 22, 1994

PRIVATELY OWNED CERVIDAE PRODUCERS MARKETING ACT
Act 190 of 2000
AN ACT to define, develop, and regulate privately owned cervidae as an agricultural enterprise in this state; to provide power and duties of certain state agencies and departments; and to provide for certain penalties and remedies.

History: 2000, Act 190, Eff. June 1, 2001

The People of the State of Michigan enact:

287.951 Short title.

Sec. 1.

This act shall be known and may be cited as the "privately owned cervidae producers marketing act".

History: 2000, Act 190, Eff. June 1, 2001
Compiler's Notes: For transfer of certain powers and duties under the cervidae act from the department of agriculture, or its director, to the department of natural resources by type II transfer, see E.R.O. No. 2004-2, compiled at MCL 287.981.For transfer of powers and duties of department of natural resources to department of natural resources and environment, and abolishment of department of natural resources, see E.R.O. No. 2009-31, compiled at MCL 324.99919.For transfer of powers and duties of department of natural resources and environment to department of natural resources, see E.R.O. No. 2011-1, compiled at MCL 324.99921.

287.952 Definitions.

Sec. 2.

As used in this act:

(a) "Business plan" means a written document of intent that a person submits to the department that defines the methods, protocols, or procedures that the person intends on implementing to be in compliance with this act.

(b) "Biosecurity" means measures, actions, or precautions taken to prevent the transmission of disease in, among, or between free-ranging and privately owned cervidae species.

(c) "Cervidae livestock facility" means a privately owned cervidae livestock operation on privately controlled lands capable of holding cervidae species.

(d) "Cervidae livestock operation" means an operation that contains 1 or more privately owned cervidae species involving the producing, growing, propagating, using, harvesting, transporting, exporting, importing, or marketing of cervidae species or cervidae products under an appropriate registration.

(e) "Cervidae products" means any products, co-products, or by-products of cervidae, including antler, antler velvet, meat, or any part of the animal.

(f) "Cervidae species" means members of the cervidae family including, but not limited to, deer, elk, moose, reindeer, and caribou.

(g) "Department" means the Michigan department of natural resources.

(h) "Director" means the director of the Michigan department of natural resources or his or her designee.

(i) "Farm" or "farm operation" means those terms as defined in the Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474.

(j) "Flush" or "flushed" means to move or chase from a cervidae livestock facility.

(k) "Identify" means any documentable system or process that allows a person to recognize as separate or different an individual animal.

(l) "Law enforcement officer" means a person appointed by the state or a local governmental unit who is responsible for the enforcement of the criminal laws of this state.

(m) "Owner" means the person who owns or is responsible for a cervidae livestock operation.

(n) "Person" means an individual, corporation, limited liability corporation, partnership, association, joint venture, or other legal entity.

(o) "Release" means to cause or allow an animal to become located outside the perimeter fence of a cervidae livestock facility not under the direct control of the owner.

History: 2000, Act 190, Eff. June 1, 2001 ;-- Am. 2006, Act 561, Imd. Eff. Dec. 29, 2006
Compiler's Notes: For transfer of certain powers and duties under the cervidae act from the department of agriculture, or its director, to the department of natural resources by type II transfer, see E.R.O. No. 2004-2, compiled at MCL 287.981.

287.953 Administration of act; conduct of activities.

Sec. 3.

(1) The department shall administer this act. The departments of agriculture and environmental quality shall provide consultation.

(2) The department of agriculture may conduct activities designed to develop and assist the cervidae industry in the manner provided for by law.

287.954 Cervidae livestock operation as agricultural enterprise.

Sec. 4.

(1) A cervidae livestock operation is an agricultural enterprise and is considered to be part of the farming and agricultural industry of this state. The director of the department of agriculture shall assure that cervidae livestock operations are afforded all rights, privileges, opportunities, and responsibilities of other agricultural enterprises.

(2) Cervidae livestock operations are a form of agriculture. Cervidae livestock facilities and their equipment are considered to be agricultural facilities and equipment. Uses related to the farming of cervidae are considered agricultural uses.

(3) Cervidae products and cervidae species lawfully produced, purchased, possessed, or acquired from within this state or imported into this state are the exclusive and private property of the owner.

(4) An owner harvesting privately owned cervidae species from a registered cervidae livestock facility is exempt from possession limits and closed seasons involving cervidae imposed in parts 401, 411, and 427 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.40101 to 324.40120, 324.41101 to 324.41105, and 324.42701 to 324.42714. This act does not give a cervidae livestock operation authority to take free-ranging animals in violation of the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106, unless under a permit issued by the department.

(5) Any movement, importing, or exporting of cervidae species or cervidae products shall be in compliance with the animal industry act, 1988 PA 466, MCL 287.701 to 287.745.

287.955 Cervidae livestock operation; registration; records; compliance with facility standards.

Sec. 5.

(1) A person shall not possess cervidae or engage in a cervidae livestock operation unless he or she obtains from the department a cervidae livestock facility registration or unless otherwise exempt by rule or law. If the activity in which the cervidae livestock facility is engaged is required to be regulated under any other act, registration under this act does not exempt the person or cervidae livestock facility from requirements imposed under any local, state, or federal regulation. Zoos accredited under the American zoological association or other accreditations or standards determined appropriate by and acceptable to the department are exempt from this act.

(2) A person registered under this act shall keep and maintain records of production, purchases, or imports in order to establish proof of ownership and shall keep any other records required under standards incorporated by reference under section 6. A person transporting cervidae species shall produce documentation that contains the origin of shipment, registration or permit copies or documentation, documentation demonstrating shipping destination, and any other proof that may be required under the animal industry act, 1988 PA 466, MCL 287.701 to 287.745, upon demand of the director or a law enforcement officer.

(3) Until July 1, 2008, a cervidae livestock facility registered prior to the effective date of the amendatory act that added this subsection must comply with the facility standards contained in "Operational Standards for Registered Privately Owned Cervid Facilities", published by the Michigan department of agriculture, (May 2000). A cervidae livestock facility in existence on or before the effective date of the amendatory act that added this subsection shall be in compliance with the facility standards by July 1, 2008, which are contained in "Operational Standards for Registered Privately Owned Cervidae Facilities" published by the Michigan department of natural resources, (revised December 2005), adopted by the Michigan commission of agriculture on January 9, 2006, and adopted by the natural resources commission on January 12, 2006, and are incorporated by reference.

287.956 Application; fee; standards; business plan; forwarding copies of application; notice to local governmental units; issuance; renewal; determination of completed application; denial; review; "completed application" defined.

Sec. 6.

(1) The initial application to construct a cervidae livestock facility shall be accompanied by the application fee described in section 8. The department shall approve, deny, or propose a modification to the completed application within 60 days. The department shall utilize the standards contained in "Operational Standards for Registered Privately Owned Cervidae Facilities", published by the Michigan department of natural resources, (revised December 2005), adopted by the Michigan commission of agriculture on January 9, 2006, and adopted by the natural resources commission on January 12, 2006, and incorporated by reference, to evaluate the issuance, construction, maintenance, administration, and renewal of a registration issued under this act. The department after consultation with the department of agriculture and with concurrence of the commissions of natural resources and agriculture may, by amendment of this act, amend or update the standards adopted in this subsection. Before issuing any registration under this act, the director shall verify, through written confirmation, both of the following:

(a) The department has approved the method used to flush any free-ranging cervidae species from the facility, if applicable, and all free-ranging cervidae species have actually been flushed.

(b) The department has determined that the size and location of the facility will not place unreasonable stress on wildlife habitat or migration corridors.

(2) As part of the initial application or the application to modify a cervidae livestock facility, the applicant for registration shall submit a business plan complying with the standards established under this section that includes all of the following:

(a) The complete address of the proposed cervidae livestock facility and the size of, the location of, and a legal description of the lands on which the cervidae livestock operation will be conducted.

(b) The number of each cervidae species included in the proposed facility.

(c) Biosecurity measures to be utilized, including, but not limited to, methods of fencing and appropriate animal identification.

(d) The proposed method of flushing wild cervidae species from the enclosure, if applicable.

(e) A record-keeping system in compliance with this act and the operational standards incorporated by reference in subsection (1).

(f) The method of verification that all free-ranging cervidae species have been removed.

(g) The current zoning of the property proposed as a cervidae livestock facility and whether the local unit or units of government within which the cervidae livestock facility will be located has an ordinance regarding fences.

(h) A disease herd plan in compliance with the operational standards incorporated by reference in subsection (1) to be approved by the state veterinarian under the animal industry act, 1988 PA 466, MCL 287.701 to 287.745.

(i) Any other information considered necessary by the department.

(3) Upon receipt of an application, the director shall forward 1 copy each to the departments of agriculture and environmental quality. Upon receipt of an application, the department shall send a written notice to the local unit or units of government within which the proposed cervidae livestock facility will be located unless the department determines, from information provided in the application, that the local unit of government has a zoning ordinance under which the land is zoned agricultural. The local unit or units of government may respond, within 30 days of receipt of the written notice, indicating whether the applicant's cervidae livestock facility would be in violation of any ordinance.

(4) The department shall not issue an initial cervidae livestock facility registration or modification unless the application demonstrates all of the following:

(a) The cervidae livestock facility has been inspected by the director and he or she has determined that the cervidae livestock facility meets the standards and requirements prescribed by and adopted under this act, complies with the business plan submitted to the department, and determines that there are barriers in place to prevent the escape of cervidae species and prevent the entry of wild cervidae species. A renewal or initial applicant must provide a perimeter fence in compliance with the operational standards incorporated by reference under subsection (1).

(b) The method for individual animal identification complies with the standards incorporated by reference under this section.

(c) The applicant has all necessary permits that are required under part 31 regarding water resources protection, part 301 regarding inland lakes and streams, and part 303 regarding wetland protection of the natural resources and environmental protection act, 1994 PA 451, MCL 324.3101 to 324.3133, 324.30101 to 324.30113, and 324.30301 to 324.30323, and any other permits or authorizations that may be required by law.

(5) Beginning the effective date of the amendatory act that added this subsection, the department shall issue an initial registration or modification registration allowing an expansion of an existing facility not later than 120 days after the applicant files a completed application. Renewal applications shall be issued not later than 60 days after the applicant files a completed application. Receipt of the application is considered the date the application is received by the department. If the application is considered incomplete by the department, the department shall notify the applicant in writing, or make the information electronically available, within 30 days after receipt of the incomplete application, describing the deficiency and requesting the additional information. The determination of the completeness of an application does not operate as an approval of the application for the registration and does not confer eligibility upon an applicant determined otherwise ineligible for issuance of a registration. The 120-day period is tolled under any of the following circumstances:

(a) Notice sent by the department of a deficiency in the application until the date all of the requested information is received by the department.

(b) The time period during which required actions are completed that include, but are not limited to, completion of construction or renovation of the facility; mandated reinspections if by the department; other inspections if required by any state, local, or federal agency; approval by the legislative body of a local unit of government; or other actions mandated by this act or as otherwise mandated by law or local ordinance.

(6) If the department fails to issue or deny a registration within the time required by this subsection, the department shall return the registration fee and shall reduce the registration fee for the applicant's next renewal application, if any, by 15%. The failure to issue a registration within the time required under this section does not allow the department to otherwise delay the processing of the application, and that application, upon completion, shall be placed in sequence with other completed applications received at that same time. The department shall not discriminate against an applicant in the processing of the application based upon the fact that the registration fee was refunded or discounted under this subsection.

(7) Upon receipt of a denial under this section and without filing a second application, the applicant may request in writing and, if requested, the department shall provide an informal review of the application. The review shall include the applicant, the department, and the departments of agriculture and environmental quality, if applicable. After the informal review, if the director determines that the proposed cervidae livestock facility or cervidae livestock operation complies with the requirements of this act, the director shall issue a registration within 30 days after the applicant notifies the department of completion of the facility. After the informal review, if the director determines that the proposed cervidae livestock facility or cervidae livestock operation does not comply with the requirements of this act, the director shall affirm the denial of the application in writing and specify the deficiencies needed to be addressed or corrected in order for a registration to be issued. The applicant may waive the informal review of the application.

(8) As used in this subsection, "completed application" means an application complete on its face and submitted with any applicable registration fees as well as any other information, records, approval, security, or similar item required by law or rule from a local unit of government, a federal agency, or a private entity but not from another department or agency of the state of Michigan.

287.957 Completion of facility construction; notice; inspection; issuance of registration; determination of noncompliance; notice of registration denial; request for second inspection; review upon second denial; hearing; return of registration fee.

Sec. 7.

(1) At the time the construction of the cervidae livestock facility is completed, the applicant shall notify the department in writing. That written notice shall certify that, to the best of the applicant's knowledge, the cervidae livestock facility has been constructed in compliance with the requirements of this act and in compliance with the standards for cervidae livestock facilities. Within 30 days after notification of the completion of the cervidae livestock facility, the director shall inspect the cervidae livestock facility. If the director determines that the proposed cervidae livestock facility conforms to standards prescribed by and adopted under this act, the director shall issue a registration within 30 days after completion of an inspection finding that the cervidae livestock facility conforms to this act. The time periods described in this subsection may be extended by the department only if the department is unable to verify the removal of wild cervidae species, for an act of God, or in accordance with section 6(5)(a) or (b).

(2) If the director determines that a proposed cervidae livestock facility does not comply with the requirements of this act, the director shall deny the application for registration. The department shall notify in writing an applicant of the reasons for a registration denial within 60 days after receipt of the completed application. The notice shall specify in writing the deficiencies to be corrected in order for a registration to be issued.

(3) Without filing a second application under this section, an applicant may request a second inspection after the specified deficiencies have been corrected. The department is not required to make more than 2 preregistration inspections of the same proposed cervidae livestock facility per application.

(4) Upon receipt of a second denial under this section and without filing a second application, the applicant may request in writing and, if requested, the department shall provide an informal review of the application. The review shall include the applicant, the department, and the departments of agriculture and environmental quality, if applicable. After the informal review, if the director determines that the proposed cervidae livestock facility complies with the requirements of this act, the director shall issue a registration within 30 days after the informal review. After the informal review, if the director determines that the proposed facility does not comply with the requirements of this act, the director shall affirm the denial of the application in writing and specify the deficiencies needed to be addressed or corrected in order for a registration to be issued. The applicant may waive the informal review of the application.

(5) The applicant may request a hearing pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, on a denial of a registration or upon any limitations placed upon the issuance of a registration.

(6) The department shall not return a registration fee or a portion of a registration fee to an applicant if a registration is denied.

287.958 Registration; duration; information; fees; renewal.

Sec. 8.

(1) A registration issued by the department is issued for 3 years and shall contain the following information:

(a) The registration number, class, date of issuance, and expiration date.

(b) The cervidae species involved in the cervidae livestock facility.

(c) The complete name, business name, business address, and telephone number of the cervidae livestock facility registration holder.

(d) The complete address of the cervidae livestock facility location, including the county, township, and section, and shall also include the size of the facility.

(e) The complete name, address, and telephone number of the department of natural resources contact person regarding cervidae livestock operations.

(f) Any other information provided in the application.

(2) The department shall issue to a person meeting the requirements of this act a registration to operate a cervidae livestock facility. The department may provide limited registration classes. Beginning the effective date of the amendatory act that added this sentence, the department shall not issue an initial registration for a class I (hobby) but may renew the registration of any class I (hobby) that is in existence on the effective date of that amendatory act.

(3) The department shall charge a nonrefundable application fee of $250.00 for an initial application and the following initial inspection fees:

(a) For facilities containing 40 acres or less....	$	250.00.
(b) For facilities greater than 40 acres..........	$	500.00.

(4) The fee for a second inspection of a cervidae livestock facility conducted under section 7(3) is $100.00.

(5) The department shall charge the following fees for initial and renewal applications for cervidae facilities:

(a) Class I (hobby) renewal.......................	$	450.00.
(b) Class II (exhibition).........................	$	450.00.
(c) Class III (ranch).............................	$	750.00.
(d) Full registration.............................	$	750.00.

(6) Application for renewal of a registration shall be submitted not later than 60 days before expiration of the current registration. Each renewal registration shall be issued for a period of 3 years from the expiration date of the previous registration.

(7) Failure of the department to process a renewal application that was submitted in a timely and complete manner operates to extend the current registration until such time as the department completes the processing.

(8) Unless otherwise indicated in writing by the department at the time the department sends a registered facility its renewal application, there is a presumption that the department shall renew the registration upon timely submission of the completed renewal application and registration fee.

287.959 Registration; modification; application; decommission.

Sec. 9.

(1) A registered cervidae livestock facility shall apply for a modification of the cervidae livestock facility registration if any changes to the information on the registration have occurred or will occur. Except for registrations approved under subsection (2)(a), expiration dates shall not change for approved modifications.

(2) A completed modification application shall be submitted and approved by the department before any of the following changes occur:

(a) A change in registration class.

(b) A modification to the size of a cervidae livestock facility.

(3) A modification application submitted under subsection (2)(a) shall include the appropriate fee for the new class. If approved by the department, the registration expires 3 years from the new date of issuance.

(4) A modification application submitted under subsection (2)(b) shall include the submission of a modification application fee of $100.00.

(5) A modification application shall be submitted within 30 days after any of the following changes have occurred:

(a) A change to the complete name, business name, business address, or telephone number of the current cervidae livestock facility registration holder.

(b) A change to the complete address of the cervidae livestock facility location.

(c) A sale or transfer of ownership of a cervidae livestock facility. The modification application shall include a written statement signed by the new and previous owner verifying the sale or transfer of ownership.

(d) The introduction of new species into a cervidae livestock facility.

(6) A registrant may request decommissioning of a cervidae livestock facility. The decommissioning of a cervidae livestock facility shall be in compliance with the operational standards incorporated by reference under section 6(1) and upon approval by the department, unless there is a risk to the environment and to the health of other free-ranging animals in the area in the removal of fencing and other barriers.

287.960 Memorandum of understanding with department of agriculture.

Sec. 10.

The director shall enter into a memorandum of understanding with the department of agriculture for approving disease herd plans and determining compliance by persons engaged in cervidae livestock operations, applicants, and registered cervidae livestock facilities with this act and investigation of violations of this act.

287.961 Killing cervidae species; permit; reimbursement.

Sec. 11.

After flushing cervidae species in an approved manner, any cervidae species remaining in the cervidae livestock facility must be killed by or under the authority of the registrant pursuant to an appropriate permit issued by the department. A person shall reimburse the state of Michigan $250.00 per individual cervid that must be killed under the appropriately issued permit to meet the requirements of this section.

287.962 Inspection of facility by department.

Sec. 12.

(1) The department or its duly authorized agent shall have access at all reasonable hours to any cervidae livestock facility to inspect and to determine if this act is being violated and to secure samples or specimens of any cervidae species. An inspection shall be conducted under practices designed not to jeopardize the health of the cervidae species.

(2) The director may periodically inspect a registered cervidae livestock facility for confirmation that there are in place procedures or barriers designed to prevent the escape of cervidae species, for confirmation that all specimens are accounted for, and for confirmation of compliance with other requirements as set forth in this act or as required by law.

287.963 Prohibited conduct.

Sec. 13.

A person shall not knowingly provide false information in a matter pertaining to this act and shall not resist, impede, or hinder the director in the discharge of his or her duties under this act.

287.964 Noncompliance with act, standards, or orders; denial, suspension, or revocation of registration; determination of unreasonable or adverse effect; hearing.

Sec. 14.

(1) After an opportunity for an administrative hearing, the department may deny, suspend, revoke, or limit a registration if the applicant or registrant fails to comply with this act, standards adopted or established under this act, or orders issued by the director as a result of an administrative action or informal departmental review conducted under this act.

(2) In addition to the provisions contained in subsection (1), the department may deny the issuance of a registration, modification, or an application for decommission or may suspend or revoke a registration if the department, in consultation with the department of agriculture or the department of environmental quality, or both, determines that based upon substantial scientific evidence, the issuance of a registration or approval of decommission will cause, or is likely to cause, an unreasonable or adverse effect upon the environment or upon wildlife which cannot be remedied by, or is not addressed by, the existing standards under this act.

(3) Except in the case of an informal departmental review, the department shall conduct an administrative proceeding under this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

287.965 Repealed. 2006, Act 561, Imd. Eff. Dec. 29, 2006.

Compiler's Notes: The repealed section pertained to rules.

287.966 Violation as misdemeanor; penalty.

Sec. 16.

Except as otherwise provided in section 17, a person who violates this act or the operational standards incorporated by reference under this act is guilty of a misdemeanor punishable by a fine of not less than $300.00 or more than $1,000.00 or imprisonment for not less than 30 days or more than 90 days, or both.

287.967 Prohibited conduct; violation; penalty.

Sec. 17.

(1) A person shall not release or allow the release of any cervidae species from a cervidae livestock facility. This section does not prohibit the sale, breeding, marketing, exhibition, or other approved uses of cervidae species in the manner provided for by law. An animal that escapes from a facility is considered to be public property if the operator of a cervidae livestock facility does not notify the department in compliance with the standards established under this act.

(2) An owner shall not abandon a registered cervidae livestock facility without first notifying the department and the Michigan department of agriculture in compliance with the standards established under this act.

(3) A person shall not intentionally or knowingly do either or both of the following:

(a) Cause the ingress of free-ranging cervidae species into a registered cervidae livestock facility.

(b) Release or allow the release of any cervidae species from a cervidae livestock facility.

(4) A person violating subsection (1) is guilty of a misdemeanor punishable by a fine of not more than $300.00 or imprisonment of not more than 90 days, or both, for a first offense and is guilty of a misdemeanor punishable by a fine of not more than $1,000.00, or imprisonment for not more than 1 year, or both, for a second or subsequent offense.

(5) A person intentionally or knowingly violating subsection (3) or violating subsection (2) is guilty of a felony.

287.968 Conviction; costs and attorney fees; findings of violations; remedies.

Sec. 18.

(1) A court may allow the department to recover reasonable costs and attorney fees incurred in a prosecution resulting in a conviction for a violation of section 16 or 17.

(2) The director, upon finding that a person has violated any provisions of this act or an order issued by the director as a result of an informal or administrative hearing may do any of the following:

(a) Issue a warning.

(b) Impose an administrative fine of not more than $1,000.00, plus the costs of investigation, for each violation after notice and an opportunity for a hearing. A person aggrieved by an administrative fine issued under this section may request a hearing pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(c) Issue an appearance ticket as described and authorized by sections 9a to 9g of chapter 4 of the code of criminal procedure, 1927 PA 175, MCL 764.9a to 764.9g.

(3) The director shall advise the attorney general of the failure of any person to pay an administrative fine imposed under this section. The attorney general shall bring a civil action in a court of competent jurisdiction to recover the fine. Civil penalties collected shall be paid to the general fund.

(4) Notwithstanding any other provisions of this act, the director may bring an action to do either or both of the following:

(a) Obtain a declaratory judgment that a method, activity, or practice is a violation of this act.

(b) Obtain an injunction against a person who is engaging in a method, activity, or practice that violates this act.

(5) The remedies under this act are cumulative and use of 1 remedy does not bar the use of another unless otherwise prohibited by law.

287.969 Effective date.

Sec. 19.

This act takes effect June 1, 2001.

EXECUTIVE REORGANIZATION ORDER
E.R.O. No. 2004-2

287.981 Transfer of powers and duties of the department of agriculture under the Cervidae act to the department of natural resources by type II transfer.

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration;

WHEREAS, facilities and operations for captive cervidae including deer, elk, moose, and reindeer, can have serious impacts on the state's wildlife population and the agricultural industry;

WHEREAS, unlike domestic livestock species, when deer and elk escape from privately-owned cervidae livestock facilities and operations, they are indistinguishable from free-ranging deer and elk, and also pose a potential risk to native animals, such as the transmission of parasites and disease;

WHEREAS, deer and other cervidae are migratory animals often moving substantial distances seasonally, magnifying potential impacts on Michigan's wildlife population;

WHEREAS, Chronic Wasting Disease is an incurable neurological disease of deer and elk that can be spread directly from animal to animal, or indirectly from soil or surface to animal;

WHEREAS, Chronic Wasting Disease was once considered to be a disease limited to small endemic areas of Western United States, but has recently been discovered in more than 15 states and in Canada.

WHEREAS, while the disease has the potential to devastate Michigan's deer and elk population, with state action, and the cooperation of private industry, Michigan can work to prevent Chronic Wasting Disease and other potential problems to maintain a healthy and safe future for Michigan wildlife;

WHEREAS, it is imperative that Michigan remain vigilant and act decisively in adopting measures to protect native deer and elk from Chronic Wasting Disease and reduce vulnerabilities to the spread of the disease;

WHEREAS, in light of the potential impact on Michigan's wildlife population, the Governor's Chronic Wasting Disease Task Force, chaired by Dr. Howard Tanner, has recommended that the licensing, application, registration, and inspection functions for privately-owned cervidae livestock facilities and operations be transferred to the Department of Natural Resources;

WHEREAS, the Governor's Chronic Wasting Disease Task Force has also recommended a complete audit of Michigan's privately-owned cervidae livestock facilities and operations, which under current budgetary conditions can most effectively be performed by the Department of Natural Resources;

WHEREAS, it is necessary in the interests of efficient administration and effectiveness of government to effect changes in the organization of the executive branch of state government;

NOW THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in me by the Michigan Constitution of 1963 and Michigan law, order the following:

I. DEFINITIONS

A. As used in this Order:

1. "Biosecurity" means measures, actions, or precautions taken to prevent the transmission of disease in, among, or between free-ranging and privately-owned cervidae species.

2. "Cervidae" means members of the cervidae family, including, but not limited to, deer, elk, moose, reindeer, and caribou.

3. "Cervidae Act" means the Privately Owned Cervidae Producers Marketing Act, 2000 PA 190, MCL 287.951 to 287.969.

4. "Cervidae livestock facility" means a privately-owned cervidae livestock operation on privately-controlled lands capable of holding cervidae.

5. "Cervidae livestock operation" means an operation that contains 1 or more privately-owned cervidae involving the producing, growing, propagation, using, harvesting, transporting, exporting, importing, or marketing of cervidae or cervidae products.

6. "Cervidae products" means any products, co-products, or by-products of cervidae, including antler, antler velvet, meat, or any part of the animal.

7. "Commission on Agriculture" means the commission created under Section 1 of 1921 PA 13, MCL 285.1 and designated as the head of the Department of Agriculture under Section 176 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.276.

8. "Department of Agriculture" means the principal department of state government created under Section 1 of 1921 PA 13, MCL 285.1, and Section 175 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.275.

9. "Department of Natural Resources" means the principal department of state government created under Section 250 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.350, and Section 501 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.501, as modified by Executive Order 1995-18, MCL 324.99903.

10. "Type II Transfer" means that type of transfer as defined in Section 3(b) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103(b).

II. TRANSFER OF RESPONSIBILITIES FOR REGULATUION AND BIOSECURITY OF CERVIDAE LIVESTOCK FACILITIES AND OPERATIONS

A. All of the following authority, powers, duties, functions, responsibilities, and rule-making authority of the Department of Agriculture under the Cervidae Act are transferred by Type II Transfer to the Department of Natural Resources:

1. The administration of the Cervidae Act as authorized under Subsection (1) of Section 3 of the Cervidae Act, MCL 287.953, consistent with the provisions of this Order.

2. Enforcement of Subsection (5) of Section 4 of the Cervidae Act, MCL 287.954, regarding the movement, importing, or exporting of cervidae or cervidae products.

3. Processing of applications for registration, issuance of registrations, provision for registration classes, determination of standards, and charging fees for initial and renewal applications under the Cervidae Act.

4. Receipt of applications for registration and adoption of standards under Subsection (1) of Section 6 of the Cervidae Act, MCL 287.956.

5. Receipt of business plans and requests for additional information considered necessary by the department under Subsection (2) of Section 6 of the Cervidae Act, MCL 287.956.

6. Transmission of notices to local units of government, receipt of responses, and determinations related to notices under Subsection (3) of Section 6 of the Cervidae Act, MCL 287.956.

7. Provision of informal departmental reviews of applications under Subsection (5) of Section 6 of the Cervidae Act, MCL 287.956.

8. Receipt of notices, extension of time periods, and verification of removals of wild cervidae under Subsection (1) of Section 7 of the Cervidae Act, MCL 287.957.

9. Transmission of notices under Subsection (2) of Section 7 of the Cervidae Act, MCL 287.957.

10. Provision of informal departmental reviews of applications under Subsection (4) of Section 7 of the Cervidae Act, MCL 287.957.

11. Conduct of any hearings or administrative proceedings under the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328, authorized by the Cervidae Act.

12. Return of any registration fees under the Cervidae Act.

13. Receipt of notices under Subsection (7) of Section 8 of the Cervidae Act, MCL 287.958.

14. Inspections and determinations under Section 12 of the Cervidae Act, MCL 287.962.

15. Denials, suspensions, revocations or limitations of or on registrations under Section 14 of the Cervidae Act, MCL 287.964.

16. Receipt of notices under Subsection (2) of Section 17 of the Cervidae Act, MCL 287.967.

17. Recovery of reasonable costs and attorney fees under Section 18 of the Cervidae Act, MCL 287.968.

B. All of the authority, powers, duties, functions, responsibilities, and rule-making authority of the Commission of Agriculture under Section 6 of the Cervidae Act, MCL 287.956 are transferred by Type II Transfer to the Department of Natural Resources.

C. All of the following authority, powers, duties, functions, responsibilities, and rule-making authority of the Director of the Department of Agriculture, or his or her designee, under the Cervidae Act are transferred by Type II Transfer to the Department of Natural Resources:

1. Demands for documentation under Subsection (2) of Section 5 of the Cervidae Act, MCL 287.955.

2. Forwarding copies of applications to state departments under Subsection (3) of Section 6 of the Cervidae Act, MCL 287.956.

3. Inspections, determinations regarding standards and requirements, issuance of registrations, and affirmation of denials under Subsections (4) and (5) of Section 6 of the Cervidae Act, MCL 287.956.

4. Inspections, determinations regarding standards and requirements, issuance of registrations, and affirmation of denials under Subsection (1) of Section 7 of the Cervidae Act, MCL 287.957.

5. Determinations and denials under Subsection (2) of Section 7 the Cervidae Act, MCL 287.957.

6. Determinations regarding standards and requirements, issuance of registrations, and affirmation of denials under Subsection (4) of Section 7 of the Cervidae Act, MCL 287.957.

7. Activities related to the memorandum of understanding under Section 10 of the Cervidae Act, MCL 287.960.

8. Inspections under Section 12 of the Cervidae Act, MCL 287.962.

9. Activities described under Section 13 of the Cervidae Act, MCL 287.963.

10. Issuance of orders as authorized under Cervidae Act.

11. Promulgation of rules necessary to implement and enforce the Cervidae Act.

12. Actions relating to enforcement authorized under Section 18 of the Cervidae Act, MCL 287.968.

D. All of the following authority, powers, duties, functions, responsibilities, and rule-making authority of the Department of Natural Resources under the Cervidae Act are transferred by Type II Transfer to the Department of Agriculture:

1. Consultation regarding the administration of the Cervidae Act as authorized under Subsection (1) of Section 3 of the Cervidae Act, MCL 287.953.

2. Consultation regarding the amendment updating or supplementing of standards under Subsection (1) of Section 6 of the Cervidae Act, MCL 287.956.

3. Receipt of copies of applications under Subsection (3) of Section 6 of the Cervidae Act, MCL 287.956.

4. Participation in informal departmental reviews under Subsection (5) of Section 6 of the Cervidae Act, MCL 287.956, as applicable.

5. Participation in informal departmental reviews under Subsection (4) of Section 7 of the Cervidae Act, MCL 287.957, as applicable.

6. Consultation with other state departments under Subsection (2) of Section 14 of the Cervidae Act, MCL 287.964.

III. IMPLEMENTATION

A. The Department of Agriculture shall assist the Department of Natural Resources in the exercise of authority, powers, duties, functions, and responsibilities transferred to the Department of Natural Resources under this Order. The Department of Agriculture shall share with the Department of Natural Resources information in the possession of the Department of Agriculture regarding privately-owned cervidae livestock facilities and operations, including information obtained under the Animal Industry Act, 1988 PA 466, MCL 287.701 to 287.745, and information necessary for the Department of Natural Resources to conduct an audit of the privately-owned cervidae livestock facilities and operations.

B. The Director of the Department of Agriculture and the Director of the Department of Natural Resources shall immediately initiate coordination to facilitate the implementation of the transfers under this Order.

C. The Director of the Department of Natural Resources shall provide executive direction and supervision for the implementation of all transfers to the Department of Natural Resources under this Order. The functions transferred to the Department of Natural Resources under this Order shall be administered under the direction and supervision of the Director of the Department of Natural Resources, including but not limited to, any prescribed functions of rule-making, licensing, registration, and the prescription of rules, regulations, standards, and adjudications.

D. The Director of the Department of Agriculture shall provide executive direction and supervision for the implementation of all transfers to the Department of Agriculture under this Order. The functions transferred to the Department of Agriculture under this Order shall be administered under the direction and supervision of the Director of the Department of Agriculture, including but not limited to, any prescribed functions of rule-making, licensing, registration, and the prescription of rules, regulations, standards, and adjudications.

E. All records, personnel, property, and funds used, held, employed, or to be made available to the Department of Agriculture for the activities transferred to the Department of Natural Resources under this Order are transferred to the Department of Natural Resources.

F. All records, personnel, property, and funds used, held, employed, or to be made available to the Department of Natural Resources for the activities transferred to the Department of Agriculture under this Order are transferred to the Department of Agriculture.

G. The Director of the Department of Agriculture and the Director of the Department of Natural Resources shall develop memoranda of record identifying any pending settlements, issues of compliance with any applicable state or federal laws or regulations, or other obligations to be resolved by the Department of Agriculture.

H. The Director of the Department of Natural Resources and the Director of the Department of Agriculture shall develop memoranda of record identifying any pending settlements, issues of compliance with any applicable state or federal laws or regulations, or other obligations to be resolved by the Department of Natural Resources.

I. Any authority, duties, powers, functions, and responsibilities transferred to the Department of Natural Resources in this Order and not mandated otherwise statutorily may in the future be reorganized to promote efficient administration by the Director of the Department of Natural Resources.

J. Any authority, duties, powers, functions, and responsibilities transferred to the Department of Agriculture in this Order and not mandated otherwise statutorily may in the future be reorganized to promote efficient administration by the Director of the Department of Agriculture.

K. The Director of the Department of Natural Resources may perform a duty or exercise a power conferred by law or executive order upon the Director of the Department of Natural Resources at the time and to the extent the duty or power is delegated to the Director of the Department of Natural Resources by law or order.

L. The Director of the Department of Agriculture may perform a duty or exercise a power conferred by law or executive order upon the Director of the Department of Agriculture at the time and to the extent the duty or power is delegated to the Director of the Department of Agriculture by law or order.

M. The Director of the Department of Natural Resources may by written instrument delegate a duty or power conferred by law or this Order and the person to whom the duty or power is delegated may perform the duty or exercise the power at the time and to the extent the duty or power is delegated by the Director of the Department of Natural Resources.

N. The Director of the Department of Agriculture may by written instrument delegate a duty or power conferred by law or this Order and the person to whom the duty or power is delegated may perform the duty or exercise the power at the time and to the extent the duty or power is delegated by the Director of the Department of Agriculture.

O. The Director of the Department of Natural Resources shall administer the assigned functions transferred under this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

P. The Director of the Department of Agriculture shall administer the assigned functions transferred under this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

IV. MISCELLANEOUS

A. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system necessary to implement this Order.

B. All rules, orders, contracts, and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, or repealed.

C. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order, shall not abate by reason of the taking effect of this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order.

D. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.

History: 2004, E.R.O. No. 2004-2, Eff. June 14, 2004
Compiler's Notes: For transfer of powers and duties of department of natural resources and environment to department of natural resources, see E.R.O. No. 2011-1, compiled at MCL 324.99921.

ANIMAL WELFARE FUND ACT
Act 132 of 2007
AN ACT to establish the animal welfare fund in the department of agriculture; to provide for the distribution of money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

History: 2007, Act 132, Imd. Eff. Nov. 1, 2007

The People of the State of Michigan enact:

287.991 Short title.

Sec. 1.

This act shall be known and may be cited as the "animal welfare fund act".

History: 2007, Act 132, Imd. Eff. Nov. 1, 2007

287.992 Definitions.

Sec. 2.

As used in this act:

(a) "Animal control shelter" and "animal protection shelter" mean those terms as defined in section 1 of 1969 PA 287, MCL 287.331.

(b) "Department" means the department of agriculture.

(d) "Qualified veterinarian" means a person licensed or otherwise authorized to engage in the practice of veterinary medicine under part 188 of article 15 of the public health code, 1978 PA 368, MCL 333.18801 to 333.18838, and who practices veterinary medicine in this state.

(e) "State animal anticruelty laws" means the laws and standards provided for the adequate care of animals in chapter IX of the Michigan penal code, 1931 PA 328, MCL 750.49 to 750.70, including the provisions of section 50(8) of the Michigan penal code, 1931 PA 328, MCL 750.50.

History: 2007, Act 132, Imd. Eff. Nov. 1, 2007
Compiler's Notes: In subdivision (e), the citation to "50(8)" evidently should read "50(12)."

287.993 Animal welfare fund; creation; purpose; credit; fund consisting of money, interest and earnings, and other value; investment; money remaining in fund.

Sec. 3.

(1) The animal welfare fund is created in the department to provide funds to promote sterilization and adoption of dogs and cats, to improve knowledge of the proper care of animals pursuant to state animal anticruelty laws by educating the public and training personnel authorized by law to enforce state animal anticruelty laws, to support and enhance programs that provide for the care and protection of animals pursuant to state anticruelty laws, and to allow the purchase of equipment and supplies for programs that receive grants under this act.

(2) The state treasurer shall credit to the fund all amounts appropriated for this purpose under section 435 of the income tax act of 1967, 1967 PA 281, MCL 206.435.

(3) The fund shall consist of the money credited to the fund pursuant to section 435 of the income tax act of 1967, 1967 PA 281, MCL 206.435, any interest and earnings accruing from the saving and investment of that money, and other appropriations, money, or other things of value received by the fund.

(4) The state treasurer shall direct the investment of the fund.

(5) Money in the fund at the close of the year shall remain in the fund and shall not lapse to the general fund.

History: 2007, Act 132, Imd. Eff. Nov. 1, 2007

287.994 Expenditures; money received as gift or donation; administrative costs.

Sec. 4.

(1) The money, interest, and earnings of the fund shall be expended solely for the purposes described in this act.

(2) Money granted or received as a gift or donation to the fund is available for distribution upon appropriation.

(3) Money in the fund may be expended by the department for actual administrative costs related to the administration of programs or activities authorized under this act.

History: 2007, Act 132, Imd. Eff. Nov. 1, 2007

287.995 Grants proposals; solicitation; entities receiving grants; purposes; limitations.

Sec. 5.

(1) The department shall solicit proposals for grants under this act.

(2) The department shall approve proposals for funding under this act. Only the following entities shall receive grants from the fund:

(a) An animal control shelter or animal protection shelter.

(b) An organization exempt from taxation under section 501(c)(3) of the internal revenue code that is based in this state and whose primary purpose is to increase the number of dogs and cats that are sterilized and adopted.

(3) The department shall make grants to animal control shelters or animal protection shelters for only 1 or more of the following purposes:

(a) Increase the number of dogs and cats that are sterilized and adopted.

(b) Provide information to the public about the value of sterilization and adoption of dogs and cats.

(c) Improve knowledge of the proper care of animals pursuant to state animal anticruelty laws by educating the public and training personnel authorized by law to enforce state animal anticruelty laws.

(d) Support and enhance programs that provide for the care and protection of animals pursuant to state anticruelty laws.

(e) Purchase equipment and supplies for programs that receive grants under this act.

(4) The department shall make grants to organizations described in subsection (2)(b) only for 1 or both of the following purposes:

(a) To increase the number of dogs and cats that are sterilized and adopted.

(b) To provide information to the public about the value of sterilization and adoption of dogs and cats.

(5) The department shall not approve a grant under this act to an organization described in subsection (2)(b) unless the organization has complied with section 9a of 1969 PA 287, MCL 287.339a.

(6) A grant received under this act shall not be used to replace funds otherwise designated by a grantee to support similar programs or projects if existing funds for those programs or projects are included in the grantee's budget before receiving a grant under this act.

History: 2007, Act 132, Imd. Eff. Nov. 1, 2007

287.996 Annual report; form.

Sec. 6.

An organization that receives a grant under this act shall provide a written report of activities funded by the grant to the department annually on a form prescribed by the department.

History: 2007, Act 132, Imd. Eff. Nov. 1, 2007

287.997 Noncompliance with act or grant provisions; ineligibility for future grants; repayment.

Sec. 7.

(1) An organization that receives a grant under this act that does not comply with the provisions of this act or the terms of the grant as determined by the department is not eligible for any future grant under this act.

(2) An organization that receives a grant under this act that does not comply with the provisions of this act or the terms of the grant shall be required to repay to the department the amount of the grant, or a portion of the grant, as determined by the department.

History: 2007, Act 132, Imd. Eff. Nov. 1, 2007

WOLF-DOG CROSS ACT
Act 246 of 2000
AN ACT to regulate the ownership, possession, and care of certain wolf-dog crosses; to prohibit the ownership and possession of certain wolf-dog crosses; to prohibit the false advertising of certain canids as wolf-dog crosses; to impose fees; to prescribe the powers and duties of certain governmental entities and officials and of certain veterinarians; and to prescribe penalties and provide remedies.

History: 2000, Act 246, Imd. Eff. June 29, 2000

The People of the State of Michigan enact:

287.1001 Short title.

Sec. 1.

This act shall be known and may be cited as the "wolf-dog cross act" and is enacted in memory of Angie Nickerson.

History: 2000, Act 246, Imd. Eff. June 29, 2000

287.1002 Definitions.

Sec. 2.

As used in this act:

(a) "Animal control officer" means a county animal control officer as described in sections 29a and 29b of the dog law of 1919, 1919 PA 339, MCL 287.289a and 287.289b, or a city, village, or township animal control officer as described in section 29c of the dog law of 1919, 1919 PA 339, MCL 287.289c.

(b) "Animal control shelter" or "animal protection shelter" means an animal control shelter or animal protection shelter, respectively, registered with the department under section 6 of 1969 PA 287, MCL 287.336.

(d) "Dog" means an animal of the species Canisfamiliaris or Canislupusfamiliaris.

(e) "Expert on wolf-dog cross identification" means an individual who has, cumulatively, no fewer than 10 years of training and field experience in wolf and wolf-dog cross behavioral and morphological characteristics and who is recognized as an expert at the state and national levels by others in the same field.

(f) "Facility" means an indoor or outdoor cage, pen, or similar enclosure where a wolf-dog cross is kept.

(g) "Law enforcement officer" means:

(i) A sheriff or sheriff's deputy.

(ii) A village or township marshal.

(iii) An officer of the police department of a city, village, or township.

(iv) An officer of the Michigan state police.

(v) A peace officer who is trained and licensed or certified under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.

(vi) A conservation officer appointed by the department of natural resources.

(vii) An animal control officer.

(viii) A law enforcement officer of the federal government authorized to enforce any federal law regulating animals.

(h) "Livestock" means that term as defined in section 3 of the animal industry act, 1988 PA 466, MCL 287.703.

(i) "Local unit" means a city, village, township, or county.

(j) "Permit" means a permit issued under section 4.

(k) "Permitting agency" means the agency of a local unit that issues permits under section 4.

(l) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.

(m) "Pet shop" means a pet shop licensed by the department under section 3 of 1969 PA 287, MCL 287.333.

(n) "Veterinarian" means a person licensed to practice veterinary medicine under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

(o) "Wolf" means an animal of the species Canisrufus or Canislupus, but does not include an animal of the species Canislupusfamiliaris.

(p) "Wolf-dog cross" means a canid resulting from the breeding of any of the following:

(i) A wolf with a dog.

(ii) A wolf-dog cross with a wolf.

(iii) A wolf-dog cross with a dog.

(iv) A wolf-dog cross with a wolf-dog cross.

History: 2000, Act 246, Imd. Eff. June 29, 2000 ;-- Am. 2016, Act 299, Eff. Jan. 2, 2017 ;-- Am. 2019, Act 137, Eff. Feb. 19, 2020

287.1003 Prohibited conduct; exception; rebuttable presumption in civil forfeiture proceeding; method of representation.

Sec. 3.

(1) A person shall not do any of the following:

(a) Possess a wolf-dog cross except in compliance with this act.

(b) Breed a wolf-dog cross.

(c) Subject to subsection (2), transfer ownership or possession of or receive a transfer of ownership or possession of a wolf-dog cross, with or without remuneration.

(d) Subject to subsection (2), transfer ownership or possession of a canid, with or without remuneration, if the person has represented to the transferee that the canid is a wolf-dog cross or offer or advertise to transfer ownership or possession of a canid, with or without remuneration, representing the canid to be a wolf-dog cross.

(e) Subject to subsection (2), receive a transfer or offer to receive a transfer of ownership or possession of a canid, with or without remuneration, if the owner of the canid has represented to the person that the canid is a wolf-dog cross.

(2) Subsection (1)(c), (d), and (e) do not apply to the temporary transfer of possession of a wolf-dog cross under section 4(1)(a) or any other transfer of possession or ownership of a wolf-dog cross expressly authorized or required by this act.

(3) In a civil forfeiture proceeding under this act, there is a rebuttable presumption that a canid is a wolf-dog cross if the current owner represents or has represented that the canid is a wolf-dog cross or if a previous owner transferred ownership or possession of the canid to the current owner, with or without remuneration, representing it to be a wolf-dog cross.

(4) For the purposes of this section, a representation may be by advertisement, registration paper, or any other method.

History: 2000, Act 246, Imd. Eff. June 29, 2000

287.1004 Possession of wolf-dog crosses; conditions; permit requirements.

Sec. 4.

(1) A person shall not possess 1 or more wolf-dog crosses unless all of the following apply:

(a) The person owns the wolf-dog crosses or has temporarily been given possession of the wolf-dog crosses by the owner.

(b) The owner was in possession of those individual wolf-dog crosses on the effective date of this act.

(c) The owner applies for a permit for those wolf-dog crosses within 4 months after the effective date of this act, and obtains a permit for those wolf-dog crosses. The permit applies only to those individual wolf-dog crosses. The permit is not transferable to another person except through testate or intestate succession. The permit is valid in any local unit in which the possession of the wolf-dog cross is not prohibited by ordinance.

(2) A person shall file an application for a permit with the person specified by the first of the following subdivisions that applies:

(a) If the wolf-dog crosses are kept in a city or village and the city or village employs an animal control officer, with the city or village agency to which the animal control officer is assigned.

(b) If the wolf-dog crosses are kept in a township and the township employs an animal control officer, with the township agency to which the animal control officer is assigned.

(c) If the county in which the wolf-dog crosses are kept employs an animal control officer, with the county agency to which the animal control officer is assigned.

(d) If subdivisions (a), (b), and (c) do not apply, with the county sheriff of the county where the wolf-dog crosses are kept.

(3) An applicant for a permit shall include with the application all of the following:

(a) An annual permit fee. The annual permit fee shall be established by the governing body of the local unit whose agency issues the permit under subsection (2) and shall be not less than the greater of the following 2 amounts:

(i) Twenty-five dollars, or at the option of the local unit if the applicant keeps more than 1 wolf-dog cross in that local unit, $25.00 for each wolf-dog cross.

(ii) An amount necessary to cover the local unit's actual, reasonable costs of enforcing this act.

(b) A written statement that does all of the following:

(i) Specifies the number of wolf-dog crosses owned by the applicant.

(ii) Describes in detail each wolf-dog cross owned by the applicant, including, but not limited to, its identification number required under section 5.

(iii) Specifies the name, address, and telephone number of the person from whom the owner obtained the wolf-dog cross, if known.

(4) A local unit shall not issue a permit unless it finds that all of the following apply:

(a) The requirements of subsections (1), (2), and (3) are met.

(b) The applicant is 21 years of age or older.

(c) The applicant has not been convicted of or found responsible for violating a local ordinance or state law prohibiting neglect or mistreatment of an animal and has not within the past 10 years been convicted of a felony.

(d) The applicant is not subject to a court order requiring the forfeiture of a wolf-dog cross or prohibiting the ownership or possession of a wolf-dog cross.

(e) The facility and the conditions in which each wolf-dog cross will be kept comply with this act.

(f) The applicant is knowledgeable about the wolf-dog cross's disposition and care requirements.

(5) A permit shall set forth all of the following:

(a) The name and address of the permit holder and the address where each wolf-dog cross will be kept, if different from that of the permit holder.

(b) The number of wolf-dog crosses owned by the permit holder.

(d) The name, address, and signature of the veterinarian who is expected to provide veterinary care to the wolf-dog cross.

(e) Any other reasonable information as determined by the local unit, which may include, but need not be limited to, a designation of permits required by a local unit, the department, the department of community health, the department of natural resources, the United States department of agriculture, or the fish and wildlife service of the United States department of the interior.

(6) A local unit that issues a permit shall notify the department of the name and address of the permit holder and the number of wolf-dog crosses owned by the permit holder.

(7) The owner of a wolf-dog cross shall annually pay the local unit the annual permit fee established under subsection (3)(a).

History: 2000, Act 246, Imd. Eff. June 29, 2000

287.1005 Placement of identification number via subcutaneous microchip.

Sec. 5.

The owner of a wolf-dog cross shall have an identification number placed in the wolf-dog cross via subcutaneous microchip, at the expense of the owner, by or under the supervision of a veterinarian.

History: 2000, Act 246, Imd. Eff. June 29, 2000

287.1006 Keeping wolf-dog cross in facility; requirements; exceptions.

Sec. 6.

(1) A wolf-dog cross shall not be tethered outdoors, such as on a leash or chain, or allowed to run at-large. Except as otherwise provided in this section or section 7, a wolf-dog cross shall be constantly kept in a facility that meets all of the following requirements:

(a) Is sufficiently secure to prevent the wolf-dog cross's escape and protect the wolf-dog cross from injury.

(b) Is constructed of cement blocks, bricks, concrete, chain link fence, wires, or bars of a suitable thickness, gauge, or diameter to prevent the wolf-dog cross's escape and to protect the wolf-dog cross from injury.

(d) Is well-braced and securely anchored at ground level or, if the facility is located in a residence or other building, at floor level and utilizes metal clamps, ties, or braces of a strength sufficient for cage construction for the wolf-dog cross.

(e) Is enclosed within a secondary fence that is located at least 3 feet outside of the walls of the facility and is adequate to prevent a human from coming into contact with the wolf-dog cross.

(f) Has a floor area of at least 900 square feet, plus an additional 450 square feet for each wolf-dog cross in excess of 1 kept in the facility. A permitting agency may grant a variance allowing a reduced floor area upon a showing that the requirements of this subdivision impose a practical difficulty on the owner and that the reduced floor area is sufficient to maintain the wolf-dog cross in a good state of health.

(2) The owner or person temporarily in possession of a wolf-dog cross may keep the wolf-dog cross in the person's dwelling and not in a facility if the wolf-dog cross is under the supervision of a person 21 years of age or older.

(3) The owner or person temporarily in possession of a wolf-dog cross may take the wolf-dog cross outdoors if 1 of the following applies:

(a) The wolf-dog cross is being used to pull a sled and the person has the wolf-dog cross under control on a secure harness.

(b) The wolf-dog cross is being exercised by the person, and the person holds the wolf-dog cross under control on a secure leash that is not more than 6 feet long.

(c) The wolf-dog cross is being allowed to exercise in a fenced area on private property with the permission of the property owner and the owner of the wolf-dog cross or the person temporarily in possession of the wolf-dog cross is present.

(d) The person holds the wolf-dog cross under control on a secure leash that is not more than 6 feet long and the wolf-dog cross is being moved between any 2 of the following:

(i) A facility.

(ii) The dwelling of the person, pursuant to subsection (2).

(iii) A shift cage, pursuant to subsection (4).

(iv) A vehicle, pursuant to section 7.

(v) A veterinarian's office or veterinary hospital.

(4) A wolf-dog cross may be kept in a shift cage while the wolf-dog cross's facility is being cleaned. The shift cage shall be of a size appropriate for the wolf-dog cross and of a construction adequate to safely contain the wolf-dog cross.

(5) The owner or, except with respect to subdivisions (a) and (b), the person temporarily in possession of a wolf-dog cross shall do all of the following:

(a) Present a permit for the wolf-dog cross upon the request of a law enforcement officer.

(b) Post and maintain signs on property on which the wolf-dog cross is kept stating "A potentially dangerous wolf-dog cross is kept on this property.". Each sign shall utilize block letters at least 1/2 inch high. A sign shall be posted as follows:

(i) At each fence gate providing access to a residence on the property, providing access to a building in which the wolf-dog cross's facility is located, or providing access to the facility.

(ii) On the outside of each door providing access to a residence on the property or providing access to any building in which the wolf-dog cross's facility is located.

(iii) On each side of the wolf-dog cross's facility, unless the facility is located in a residence or other building.

(d) Not mistreat or neglect the wolf-dog cross or permit it to be mistreated or neglected.

(e) Ensure that the conditions in which the wolf-dog cross is kept, including, but not limited to, the following, are safe and conducive to the wolf-dog cross's physical health and comfort and promote normal behavior:

(i) Temperature.

(ii) Ventilation.

(iii) Humidity.

(f) Provide the wolf-dog cross with sufficient food, water, shelter, sanitary conditions, and exercise to maintain the wolf-dog cross in a state of good health.

(g) Ensure that the wolf-dog cross receives from a veterinarian, at the owner's expense, an annual checkup, including vaccinations, and other necessary medical care. The owner of a wolf-dog cross shall maintain copies of the wolf-dog cross's veterinary records and present the records upon request of a law enforcement officer.

(h) When the wolf-dog cross dies, arrange to have the death certified in writing by a veterinarian, law enforcement officer, or the permitting agency. The veterinarian, law enforcement officer, or permitting agency shall submit the certification to the department within 20 business days after the death.

History: 2000, Act 246, Imd. Eff. June 29, 2000

287.1007 Transportation.

Sec. 7.

A person transporting a wolf-dog cross in a vehicle shall comply with the standards in International Air Transport Ass 'n., Live Animal Regulations (26th ed., 1999) applicable to a dog. In addition, a person transporting a wolf-dog cross in a vehicle shall comply with all of the following requirements:

(a) The wolf-dog cross shall be individually and securely caged, even while inside a passenger vehicle or in the bed of a truck. However, a female wolf-dog cross and each of her unweaned pups, if any, shall be transported in the same cage.

(b) The vehicle shall provide fresh air without injurious drafts and provide adequate protection from the elements to the wolf-dog cross.

(d) Fecal and food wastes shall be removed from the wolf-dog cross's transport cage on at least a daily basis.

(e) The temperature within the wolf-dog cross's cage shall not be harmful to the wolf-dog cross's health.

(f) The wolf-dog cross's cage shall be large enough to ensure that the wolf-dog cross has sufficient space to stand erect, turn around, and lie naturally.

(g) The wolf-dog cross shall not be placed in an enclosure over or next to another animal unless each enclosure has a fitted floor or lateral partition that prevents excreta from entering lower or adjacent enclosures.

(h) The wolf-dog cross shall be given potable water at least twice daily and fed at least once daily, unless otherwise directed by a veterinarian.

History: 2000, Act 246, Imd. Eff. June 29, 2000

287.1008 Exportation.

Sec. 8.

A person shall not export or attempt to export a wolf-dog cross to another state or country unless all of the following requirements are met:

(a) The import and possession of the wolf-dog cross are lawful in the other state or country.

(b) The destination and proposed new owner of the wolf-dog cross have been approved by the regulatory agency in the other state or country having authority to do so, if any.

History: 2000, Act 246, Imd. Eff. June 29, 2000

287.1009 Rabies vaccinaton.

Sec. 9.

If a rabies vaccination becomes approved by the federal government for use on a wolf-dog cross, the owner of a wolf-dog cross shall have the wolf-dog cross vaccinated for rabies by a veterinarian and shall keep the vaccination current.

History: 2000, Act 246, Imd. Eff. June 29, 2000

287.1010 Exposure to rabies.

Sec. 10.

(1) If a wolf-dog cross potentially exposes a human to rabies by any penetration of the skin by teeth, any scratch that causes penetration of the skin, any abrasion that causes penetration of the skin, or contamination of open wounds or mucous membranes with saliva or other infectious material, the owner or person temporarily in possession of the wolf-dog cross shall report the potential exposure to the local health department within 24 hours.

(2) If a wolf-dog cross potentially exposes livestock or a mammalian pet to rabies by any penetration of the skin by teeth, any scratch that causes penetration of the skin, any abrasion that causes penetration of the skin, or contamination of open wounds or mucous membranes with saliva or other infectious material, the owner or person temporarily in possession of the wolf-dog cross shall report the potential exposure to the permitting agency within 24 hours.

(3) Except as provided in subsection (4), if a wolf-dog cross potentially exposes a human, livestock, or mammalian pet to rabies by any means identified in this section, the wolf-dog cross shall be humanely euthanized by a veterinarian. The wolf-dog cross shall be immediately examined for rabies in the manner provided by rules promulgated under section 5111 of the public health code, 1978 PA 368, MCL 333.5111.

(4) If a wolf-dog cross potentially exposes a human, livestock, or a mammalian pet to rabies by any means identified in this section and, at the time of exposure, the owner or person temporarily in possession of the wolf-dog cross provides a valid certificate from a veterinarian indicating that the wolf-dog cross, at least 30 days before the exposure, was vaccinated with a rabies vaccine approved by the United States department of agriculture, the owner or person temporarily in possession of the wolf-dog cross may elect to have the wolf-dog cross quarantined for a period of 10 days from the date of exposure. If the wolf-dog cross dies, or develops any symptoms of rabies during the quarantine period, as determined by a veterinarian, the wolf-dog cross shall be humanely euthanized and examined for rabies in the manner provided by rules promulgated under section 5111 of the public health code, 1978 PA 368, MCL 333.5111.

History: 2000, Act 246, Imd. Eff. June 29, 2000

287.1011 Killing of wolf-dog cross by law enforcement officer or other person; conditions; liability.

Sec. 11.

(1) A law enforcement officer or other person may kill a wolf-dog cross if the person sees the wolf-dog cross attacking, injuring, or killing either of the following:

(a) A human.

(b) Livestock or poultry.

(2) A law enforcement officer may kill a wolf-dog cross if the law enforcement officer sees the wolf-dog cross attacking, injuring, or killing wildlife.

(3) A person is not liable in damages or otherwise for killing or attempting to kill a wolf-dog cross under subsection (1) or (2).

(4) This act does not prohibit the owner of a wolf-dog cross, for which a permit has been issued if required under this act, from recovering by legal action against a law enforcement officer or other person the value of a wolf-dog cross illegally killed by that law enforcement officer or other person.

(5) A wolf-dog cross's entry onto a field or enclosure that is owned by or leased by a person producing livestock or poultry constitutes a trespass, and the owner or person temporarily in possession of the wolf-dog cross is liable in damages.

History: 2000, Act 246, Imd. Eff. June 29, 2000

287.1012 Liability of owner or possessor of wolf-dog cross.

Sec. 12.

(1) The owner or person temporarily in possession of a wolf-dog cross is liable in a civil action for the death or injury of a human and for property damage, including, but not limited to, the death or injury of another animal, caused by the wolf-dog cross. This act does not limit the common law liability of the owner or person temporarily in possession of a wolf-dog cross for the death or injury of a human or for property damage caused by the wolf-dog cross.

(2) If a wolf-dog cross bites an individual without provocation while the individual is on public property or lawfully on private property, including the property of the owner or person temporarily in possession of the wolf-dog cross, the owner or person temporarily in possession of the wolf-dog cross is liable for any damages suffered by the individual bitten, regardless of the former viciousness of the wolf-dog cross or the owner's or person temporarily in possession's knowledge of such viciousness. For the purposes of this subsection, an individual is lawfully on the private property of the owner or person temporarily in possession of the wolf-dog cross if the individual is on that property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or if the individual is on that property as an invitee or licensee of the person lawfully in possession of the property, unless the individual has gained lawful entry upon the property for the purpose of an unlawful or criminal act.

(3) If a wolf-dog cross escapes or is released, intentionally or unintentionally, the owner or person temporarily in possession of the wolf-dog cross shall immediately contact a law enforcement officer of the local unit where the escape or release occurred to report the loss, escape, or release. The owner or person temporarily in possession of the wolf-dog cross is liable for all expenses associated with efforts to recapture the wolf-dog cross that is released or escapes.

(4) The owner or person temporarily in possession of the wolf-dog cross may bring against a person who is responsible in whole or part for the escape or release of the wolf-dog cross a civil action for damages, including, but not limited to, damages and expenses under subsection (1), (2), or (3).

History: 2000, Act 246, Imd. Eff. June 29, 2000

287.1013 Inspection of facility; violation; consultation with expert on wolf-dog cross identification.

Sec. 13.

(1) A facility is subject to inspection at reasonable hours by a law enforcement officer to ensure compliance with this act.

(2) Subject to subsection (3), if there is probable cause to believe that this act is being violated, a law enforcement officer shall do 1 of the following:

(a) Issue to the violator a notice of the violation under section 14.

(b) Arrest the violator or seek a warrant for his or her arrest, as appropriate under chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.1 to 764.29, for a misdemeanor under section 15.

(3) If a law enforcement officer believes that a canid is a wolf-dog cross but the owner of the canid is unable or unwilling to verify that the canid is a wolf-dog cross, the law enforcement officer, before enforcing this act, shall consult with an expert on wolf-dog cross identification. The expert on wolf-dog cross identification shall consider all relevant aspects of identification, such as behavioral characteristics, and morphological traits, including gait, and any necropsy results. Consultation with an expert on wolf-dog cross identification is not a prerequisite to enforcing this act for a violation of section 3(1)(d) or (e).

History: 2000, Act 246, Imd. Eff. June 29, 2000

287.1014 Notice of violation; correction; transfer of ownership and possession; inspection; noncompliance; forfeiture.

Sec. 14.

(1) If there is probable cause to believe this act is being violated, a law enforcement officer may give notice of the violation in writing to the owner of the wolf-dog cross. The notice shall identify the violation and include a copy of this act.

(2) Not more than 30 days after the notice is delivered, the owner of the wolf-dog cross shall transfer ownership and possession of the wolf-dog cross or, subject to subsection (3), correct the violation and shall notify the law enforcement officer of the action taken.

(3) If the violation was failure to obtain a permit and the violation was committed knowingly, not more than 14 days after the notice is delivered, the owner of the wolf-dog cross shall transfer ownership and possession of the wolf-dog cross and notify the law enforcement officer of the action taken.

(4) A wolf-dog cross transferred under subsection (2) or (3) shall be transferred to a person described in section 22(1)(a), (b), (c), or (d). Notice that the wolf-dog cross was transferred under this subsection shall include evidence of the transfer satisfactory to the law enforcement officer.

(5) Unless the owner of the wolf-dog cross notifies the law enforcement officer that the wolf-dog cross was transferred under subsection (2) or (3), the law enforcement officer shall conduct an inspection at a reasonable time not less than 30 days after notice of the violation was delivered. When the second inspection is conducted, the owner of the wolf-dog cross shall pay an inspection fee of $25.00 or actual, reasonable costs of the inspection, whichever is greater, to the law enforcement officer.

(6) If the law enforcement officer finds that the owner of the wolf-dog cross has not complied with subsection (2) or (3), the law enforcement officer shall seek forfeiture of the wolf-dog cross under section 16.

History: 2000, Act 246, Imd. Eff. June 29, 2000

287.1015 Violation as misdemeanor; penalty; additional punishment; exception.

Sec. 15.

(1) Subject to subsection (2), a person who violates this act is guilty of a misdemeanor. The person shall be punished by a fine of not less than $250.00 or more than $1,000.00, plus costs of prosecution. However, a person who fails to obtain a permit as required by this act shall be punished by a fine, for each wolf-dog cross for which the permit was required, of not less than $500.00 or more than $2,000.00, plus costs of prosecution. In addition, a person who violates this act may be punished by 1 or more of the following:

(a) Imprisonment for not more than 93 days.

(b) Community service work for not more than 500 hours.

(2) Subsection (1) does not apply to a law enforcement officer, veterinarian, or permitting agency with respect to the performance of the duties of a law enforcement officer, veterinarian, or permitting agency under this act.

History: 2000, Act 246, Imd. Eff. June 29, 2000

287.1016 Violation; civil forfeiture.

Sec. 16.

(1) If a person who owns or possesses a wolf-dog cross violates this act, that wolf-dog cross and any other wolf-dog crosses owned by that person are subject to civil forfeiture.

(2) The prosecuting attorney in an action under section 15 may file a petition requesting that the court issue an order for civil forfeiture of all of the wolf-dog crosses owned by the person violating this act.

(3) Any person may file with a court having jurisdiction a complaint alleging that a person is violating this act and requesting the court to order the civil forfeiture of all of the wolf-dog crosses owned by that person.

History: 2000, Act 246, Imd. Eff. June 29, 2000

287.1017 Seizure order; circumstances; methods; return of wolf-dog cross to victim.

Sec. 17.

(1) A law enforcement officer shall seize a wolf-dog cross pursuant to an order of seizure issued by the court having jurisdiction over the wolf-dog cross upon a showing of probable cause that the wolf-dog cross is subject to forfeiture under section 16(1).

(2) A wolf-dog cross subject to forfeiture under section 16(1) may be seized under any of the following circumstances:

(a) The seizure is incident to a lawful arrest for a violation of this act.

(b) The seizure is pursuant to a valid search warrant.

(d) There is probable cause to believe that the conditions under which the wolf-dog cross or any other wolf-dog cross owned by the same person is kept are directly or indirectly dangerous to human or animal health or safety.

(e) Exigent circumstances exist that preclude obtaining a court order, and there is probable cause to believe that this act has been violated.

(f) The wolf-dog cross or any other wolf-dog cross owned by the same person is the subject of a prior judgment in favor of this state in a forfeiture proceeding.

(3) If a seizure is to be accomplished by capture, tranquilization or other humane methods shall be used for the capture.

(4) A wolf-dog cross seized under this act is not subject to any other action to recover personal property, but is considered to be in the custody of the seizing agency subject only to subsection (5) and sections 18 and 19, or to an order and judgment of the court having jurisdiction over the forfeiture proceedings. When a wolf-dog cross is seized under this act, the law enforcement officer may remove the wolf-dog cross to a place designated by the court.

(5) A wolf-dog cross that belongs to the victim of a crime shall promptly be returned to the victim, except in the following circumstances:

(a) When the crime victim last possessed the wolf-dog cross, he or she was in violation of section 4.

(b) If the ownership of the wolf-dog cross is disputed, until the dispute is resolved.

(c) If the property is required to be retained as evidence pursuant to section 4(4) of the crime victim's rights act, 1985 PA 87, MCL 780.754.

History: 2000, Act 246, Imd. Eff. June 29, 2000

287.1018 Seizure of wolf-dog cross; return to owner; notice of seizure.

Sec. 18.

(1) A law enforcement officer may return a seized wolf-dog cross to the owner of the wolf-dog cross if the law enforcement officer is satisfied that the conditions resulting in the seizure have been corrected. If the wolf-dog cross was seized pursuant to process issued by a court, the law enforcement officer shall obtain approval of the court before returning the wolf-dog cross.

(2) Unless the wolf-dog cross has been returned, the law enforcement officer shall, within 10 days after the wolf-dog cross is seized, give written notice of the seizure and intent to forfeit the wolf-dog cross to each of the following persons:

(a) The owner of the wolf-dog cross.

(b) Each person with a known ownership interest in the wolf-dog cross.

(3) The notice required under subsection (2) shall be delivered in person or sent by certified mail. If the name and address of the person are not reasonably ascertainable or personal delivery of the notice cannot reasonably be accomplished, the notice shall be published in a newspaper of general circulation in the county in which the wolf-dog cross was seized for 10 successive publishing days. Proof of written notice or publication shall be filed with the court having jurisdiction over the seizure or forfeiture.

(4) The law enforcement officer shall immediately after seizure of the wolf-dog cross notify the prosecuting attorney for the county in which the wolf-dog cross was seized or, if the attorney general is actively handling a case involving or relating to the wolf-dog cross, the attorney general of the seizure of the wolf-dog cross and any intent to forfeit the wolf-dog cross under this act.

History: 2000, Act 246, Imd. Eff. June 29, 2000

287.1019 Motion to return wolf-dog cross; filing; grounds; hearing; failure to sustain burden of proof; order; admissibility of testimony in criminal prosecution.

Sec. 19.

(1) The owner of a wolf-dog cross may file a motion with the court having jurisdiction to return the wolf-dog cross on the grounds that the wolf-dog cross was illegally seized or that the wolf-dog cross is not subject to forfeiture under this act. The court shall hear the motion within 30 days after the motion is filed.

(2) At the hearing on the motion filed under subsection (1), the attorney general, or the attorney for the local unit in which the wolf-dog cross was seized, shall establish probable cause to believe that the wolf-dog cross is subject to forfeiture under this act and, if the owner claims the wolf-dog cross was illegally seized, that the wolf-dog cross was properly seized.

(3) If the attorney general or the attorney for the local unit in which the wolf-dog cross was seized fails to sustain his or her burden of proof under subsection (2), the court shall order the return of the wolf-dog cross.

(4) The testimony of a person at a hearing held under this section is not admissible against him or her in any criminal proceeding except in a criminal prosecution for perjury. The testimony of a person at a hearing held under this section does not waive the person's constitutional right against self-incrimination.

History: 2000, Act 246, Imd. Eff. June 29, 2000

287.1020 Return of seized wolf-dog cross; conditions; notice; order of forfeiture; liability for costs.

Sec. 20.

(1) A law enforcement officer shall return a seized wolf-dog cross to the owner of the wolf-dog cross within 7 days after the occurrence of any of the following:

(a) The failure to issue a warrant against the owner or person temporarily in possession of the wolf-dog cross for committing a misdemeanor under section 15 or to file a complaint under section 16(3) within 10 days after the wolf-dog cross is seized.

(b) The dismissal of charges against the owner or person temporarily in possession of the wolf-dog cross under section 15 or of a complaint under section 16(3), as applicable.

(d) The acquittal of the owner or person temporarily in possession of the wolf-dog cross of any charges under section 15.

(e) Entry of a court order under this act for the return of the wolf-dog cross.

(2) If a wolf-dog cross is returned under subsection (1), the law enforcement officer shall give written notice to the persons who received notice under section 18 that the wolf-dog cross has been returned. The notice under this subsection shall be delivered in person or sent by certified mail. If the name and address of the person are not reasonably ascertainable or personal delivery of the notice cannot reasonably be accomplished, the notice shall be published in a newspaper of general circulation in the county in which the wolf-dog cross was seized for 10 successive publishing days.

(3) If the court orders a wolf-dog cross to be forfeited, the order of forfeiture shall direct that each wolf-dog cross be transferred to a wildlife sanctuary approved by the association of sanctuaries, an animal protection shelter, or a zoo accredited by the American zoo and aquarium association, where the wolf-dog cross will be safely and humanely cared for as provided by this act. However, subject to section 10, if the wolf-dog cross killed or injured a human or an animal, the order of forfeiture may direct that the wolf-dog cross be humanely euthanized by a veterinarian. An order of forfeiture shall also revoke any permit that may have been issued for the wolf-dog cross under section 4 and order payment of costs under subsection (4). The forfeiture is a civil forfeiture.

(4) If a wolf-dog cross is seized, the owner of the wolf-dog cross is liable for the costs of placement and care for the wolf-dog cross from the time of seizure until the time of return or forfeiture and, if a wolf-dog cross is ordered to be forfeited and euthanized, for the costs of humanely euthanizing and disposing of the wolf-dog cross. This subsection does not apply if the wolf-dog cross is returned under subsection (1) or section 19.

History: 2000, Act 246, Imd. Eff. June 29, 2000

287.1021 Local ordinances; effect; additional requirements.

Sec. 21.

(1) A local unit may adopt an ordinance governing wolf-dog crosses that is more restrictive than this act.

(2) The requirements of this act are in addition to any other requirements governing a wolf-dog cross under state and federal law.

History: 2000, Act 246, Imd. Eff. June 29, 2000

287.1022 Applicability of MCL 287.1004, 287.1005, 287.1006, 287.1008, and 287.1014.

Sec. 22.

(1) Sections 4, 5, and 6 do not apply to any of the following:

(a) An animal control shelter or animal protection shelter.

(b) A person licensed or approved by the department of natural resources of this state or by the United States fish and wildlife service of the United States department of the interior.

(d) A person approved by the association of sanctuaries.

(e) A law enforcement officer acting under the authority of this act.

(f) A veterinarian temporarily in possession of a wolf-dog cross to provide veterinary care for or humanely euthanize the wolf-dog cross.

(2) Sections 4, 5, 6(1)(d) to (5)(b), 8, and 14(3) do not apply to a person who is not a resident of this state and who is in this state only for the purpose of travel between locations outside of this state.

History: 2000, Act 246, Imd. Eff. June 29, 2000

287.1023 Providing information to pet shops and animal shelters.

Sec. 23.

The department shall provide each pet shop, animal control shelter, and animal protection shelter with information on the requirements of this act.

History: 2000, Act 246, Imd. Eff. June 29, 2000

LARGE CARNIVORE ACT
Act 274 of 2000
AN ACT to regulate the ownership, possession, and care of certain large carnivores; to prohibit the ownership and possession of certain large carnivores; to impose fees; to prescribe the powers and duties of certain governmental entities and officials and of certain veterinarians; and to prescribe penalties and provide remedies.

History: 2000, Act 274, Imd. Eff. July 7, 2000

The People of the State of Michigan enact:

287.1101 Short title.

Sec. 1.

This act shall be known and may be cited as the "large carnivore act".

History: 2000, Act 274, Imd. Eff. July 7, 2000

287.1102 Definitions.

Sec. 2.

As used in this act:

(d) "Department" means the department of agriculture and rural development.

(e) "Facility" means an indoor or outdoor cage, pen, or similar enclosure where a large carnivore is kept.

(f) "Large carnivore" means either of the following:

(i) Any of the following cats of the Felidae family, whether wild or captive bred, including a hybrid cross with such a cat:

(A) A lion.

(B) A leopard, including, but not limited to, a snow leopard or clouded leopard.

(D) A tiger.

(E) A cougar.

(F) A panther.

(G) A cheetah.

(ii) A bear of a species that is native or nonnative to this state, whether wild or captive bred.

(g) "Law enforcement officer" means:

(i) A sheriff or sheriff's deputy.

(ii) A village or township marshal.

(iii) An officer of the police department of a city, village, or township.

(iv) An officer of the Michigan state police.

(v) A peace officer who is trained and licensed or certified under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615.

(vi) A conservation officer appointed by the department of natural resources.

(vii) An animal control officer.

(viii) A law enforcement officer of the federal government authorized to enforce any federal law regulating animals.

(h) "Livestock" means those species of animals used for human food and for fiber or those species of animals used for service to humans. Livestock includes, but is not limited to, cattle, sheep, new world camelids, old world camelids, goats, bison, privately owned cervids, ratites, swine, equine, poultry, aquaculture species, and rabbits. Livestock does not include dogs or cats.

(i) "Local unit" means a city, village, township, or county.

(j) "Permit" means a permit issued under section 4.

(k) "Permitting agency" means the agency of a local unit that issues permits under section 4.

(l) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.

(m) "Pet shop" means a pet shop licensed by the department under section 3 of 1969 PA 287, MCL 287.333.

(n) "State veterinarian" means the chief animal health official of this state as appointed by the director of the department under section 7 of the animal industry act, 1988 PA 466, 287.707, or his or her authorized representative.

(o) "Veterinarian" means a person licensed to practice veterinary medicine under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

History: 2000, Act 274, Imd. Eff. July 7, 2000 ;-- Am. 2013, Act 8, Imd. Eff. Mar. 26, 2013 ;-- Am. 2016, Act 305, Eff. Jan. 2, 2017 ;-- Am. 2018, Act 610, Eff. Mar. 28, 2019

287.1103 Prohibited conduct.

Sec. 3.

A person shall not do any of the following:

(a) Own or possess a large carnivore except in compliance with this act.

(b) Except as provided in section 22, breed a large carnivore.

(c) Transfer ownership or possession of or receive a transfer of ownership or possession of a large carnivore, with or without remuneration. This subdivision does not apply to a transfer of ownership or possession of a large carnivore expressly authorized or required by this act.

History: 2000, Act 274, Imd. Eff. July 7, 2000 ;-- Am. 2018, Act 610, Eff. Mar. 28, 2019

287.1104 Possession of large carnivores; conditions; permit application; conditions for issuance; permit contents; notification to department by local unit of government; permit fee.

Sec. 4.

(1) A person shall not possess 1 or more large carnivores unless all of the following apply:

(a) The person owns the large carnivores.

(b) The person was in possession of those individual large carnivores on the effective date of this act.

(c) The person applies for a permit for those large carnivores within 90 days after the effective date of this act and obtains a permit for those large carnivores. The permit applies only to those individual large carnivores. The permit is not transferable to another person except through testate or intestate succession. The permit is valid in any local unit in which the possession of the large carnivores is not prohibited by ordinance.

(2) A person shall file an application for a permit with the person specified by the first of the following subdivisions that applies:

(a) If the large carnivores are kept in a city or village and the city or village employs an animal control officer, with the city or village agency to which the animal control officer is assigned.

(b) If the large carnivores are kept in a township and the township employs an animal control officer, with the township agency to which the animal control officer is assigned.

(c) If the county in which the large carnivores are kept employs an animal control officer, with the county agency to which the animal control officer is assigned.

(d) If subdivisions (a), (b), and (c) do not apply, with the county sheriff of the county where the large carnivores are kept.

(3) An applicant for a permit shall include with the application both of the following:

(i) Twenty-five dollars, or at the option of the local unit if the applicant keeps more than 1 large carnivore in that local unit, $25.00 for each large carnivore.

(ii) An amount necessary to cover the local unit's actual, reasonable costs of enforcing this act.

(b) A written statement that does all of the following:

(i) Specifies the number of large carnivores owned by the applicant.

(ii) Describes in detail each large carnivore owned by the applicant, including, but not limited to, its identification number required under section 5.

(iii) Specifies the name, address, and telephone number of the person from whom the owner obtained the large carnivore, if known.

(c) A written statement giving the name and address of the veterinarian who is expected to provide veterinary care to the large carnivore, signed by the veterinarian.

(4) A local unit shall not issue a permit unless it finds that all of the following apply:

(a) The requirements of subsections (1), (2), and (3) are met.

(b) The applicant is 21 years of age or older.

(d) The applicant is not subject to a court order requiring the forfeiture of a large carnivore or prohibiting the ownership or possession of a large carnivore.

(e) The facility and the conditions in which each large carnivore will be kept comply with this act.

(f) The applicant is knowledgeable about the large carnivore's disposition and care requirements.

(5) A permit shall set forth all of the following:

(a) The name and address of the permit holder and the address where each large carnivore will be kept, if different from that of the permit holder.

(b) The number of large carnivores owned by the permit holder.

(d) The name and address of the veterinarian who is expected to provide veterinary care to the large carnivore.

(6) A local unit that issues a permit shall notify the department of the name and address of the permit holder and the number of large carnivores owned by the permit holder.

(7) The owner of a large carnivore shall annually pay the local unit the annual permit fee established under subsection (3)(a).

History: 2000, Act 274, Imd. Eff. July 7, 2000

287.1105 Placement of identification number via subcutaneous microchip.

Sec. 5.

The owner of a large carnivore shall have an identification number placed in the large carnivore via subcutaneous microchip, at the expense of the owner, by or under the supervision of a veterinarian.

History: 2000, Act 274, Imd. Eff. July 7, 2000

287.1106 Confinement and control of large carnivore; requirements; duties of owner.

Sec. 6.

(1) A large carnivore shall not be tethered outdoors, such as on a leash or chain, or allowed to run at-large. Except as provided in this section or section 7, a large carnivore shall be constantly kept in a facility that meets all of the following requirements:

(a) Is sufficiently secure to prevent the large carnivore's escape and protect the large carnivore from injury.

(b) Is constructed of cement blocks, bricks, concrete, chain link fence, wires, or bars of a suitable thickness, gauge, or diameter to prevent the large carnivore's escape and to protect the large carnivore from injury.

(e) Is enclosed within a secondary fence that is located at least 3 feet outside of the walls of the facility and is adequate to prevent a human from coming into contact with the large carnivore.

(f) Has a floor area that meets or exceeds the minimum standards for housing as prescribed under the animal welfare act, Public Law 89-544, 7 U.S.C. 2131 to 2147, 2149 and 2151 to 2159, and regulations promulgated under that act.

(2) The owner of a large carnivore may, on a permanent or temporary basis, keep the large carnivore in the person's dwelling and not in a facility if the large carnivore is under the supervision of a person 21 years of age or older.

(3) The owner of a large carnivore may take the large carnivore outdoors if the owner of the large carnivore holds the large carnivore under control on a secure leash that is not more than 6 feet long and either or both of the following apply:

(a) The large carnivore is within a securely fenced area.

(b) The large carnivore is being moved between any 2 of the following:

(i) The large carnivore's facility.

(ii) The dwelling of the owner of the large carnivore, pursuant to subsection (2).

(iii) A shift cage, pursuant to subsection (4).

(iv) A vehicle, pursuant to section 7.

(v) A veterinarian's office or veterinary hospital.

(4) A large carnivore may be kept in a shift cage while the large carnivore's facility is being cleaned. The shift cage shall be of a size appropriate for the large carnivore and of a construction adequate to safely contain the large carnivore.

(5) The owner of a large carnivore shall do all of the following:

(a) Present a permit for the large carnivore upon the request of a law enforcement officer.

(b) Post and maintain signs on property on which a large carnivore is kept stating "A potentially dangerous large carnivore is kept on this property.". Each sign shall utilize block letters at least 1/2 inch high. A sign shall be posted as follows:

(i) At each fence gate providing access to a residence on the property, providing access to a building in which the large carnivore's facility is located, or providing access to the facility.

(ii) On the outside of each door providing access to a residence on the property or providing access to any building in which the large carnivore's facility is located.

(iii) On each side of the large carnivore's facility, unless the facility is located in a residence or other building.

(d) Provide adequate drainage of surface water from the facility.

(e) Not place the large carnivore under the supervision of a person less than 21 years of age.

(f) Not mistreat or neglect the large carnivore or permit it to be mistreated or neglected.

(g) Ensure that the conditions in which the large carnivore is kept, including, but not limited to, the following, are safe and conducive to the large carnivore's physical health and comfort and promote normal behavior:

(i) Temperature.

(ii) Ventilation.

(iii) Humidity.

(iv) Drainage.

(v) Sanitation.

(vi) Diet.

(vii) Exercise.

(h) Provide the large carnivore with potable drinking water at least twice daily in a clean, accessible container, unless otherwise directed by a veterinarian.

(i) Provide the large carnivore with food that meets all of the following requirements:

(i) Is nutritious.

(ii) Is of sufficient quantity to maintain or restore health and normal body weight.

(iii) Is not spoiled or contaminated with insects, fecal material, or any other substance that may cause the food to be unpalatable, that may decrease the nutritiousness of the food, or that may pose a health risk to the large carnivore.

(j) Remove fecal and food wastes from the facility daily and store or dispose of the wastes in a manner that prevents noxious odors, insect pests, or risks to human or animal health or the environment. Hard floors shall be scrubbed and disinfected weekly. Large facilities with dirt floors shall be raked every day and the raked waste removed every day.

(k) Ensure that the large carnivore receives from a veterinarian, at the owner's expense, an annual checkup, including scheduled vaccinations, and other necessary medical care. The owner of a large carnivore shall maintain copies of the large carnivore's veterinary records and present the records upon request of a law enforcement officer.

(l) When the large carnivore dies, arrange to have the death certified in writing by a veterinarian, law enforcement officer, or the permitting agency. The veterinarian, law enforcement officer, or permitting agency shall submit the certification to the department within 20 business days after the death.

History: 2000, Act 274, Imd. Eff. July 7, 2000

287.1107 Transportation requirements.

Sec. 7.

A person lawfully in possession of a large carnivore under this act may transport the large carnivore in a vehicle. A person transporting a large carnivore in a vehicle shall comply with the standards in International Air Transport Ass'n., Live Animal Regulations (26th ed., 1999) applicable to the large carnivore species. In addition, a person transporting a large carnivore in a vehicle shall comply with all of the following requirements:

(a) The large carnivore shall be individually and securely caged, even while inside a passenger vehicle or in the bed of a truck. However, a female large carnivore and each of her unweaned offspring, if any, shall be transported in the same cage.

(b) The vehicle shall provide fresh air without injurious drafts and provide adequate protection from the elements to the large carnivore.

(d) Fecal and food wastes shall be removed from the large carnivore's transport cage on at least a daily basis.

(e) The temperature within the large carnivore's cage shall not be harmful to the large carnivore's health.

(f) The large carnivore's cage shall be large enough to ensure that the large carnivore has sufficient space to stand erect, turn around, and lie naturally.

(g) The large carnivore shall not be placed in a cage over or next to another animal unless each enclosure has a fitted floor or lateral partition that prevents excreta from entering lower or adjacent enclosures.

(h) The large carnivore shall be given potable water at least twice daily and fed at least once daily, unless otherwise directed by a veterinarian.

History: 2000, Act 274, Imd. Eff. July 7, 2000

287.1108 Exportation requirements.

Sec. 8.

A person shall not export or attempt to export a large carnivore to another state or country unless all of the following requirements are met:

(a) The import and possession of the large carnivore are lawful in the other state or country.

(b) The destination and proposed new owner of the large carnivore have been approved by the regulatory agency in the other state or country having authority to do so, if any.

History: 2000, Act 274, Imd. Eff. July 7, 2000

287.1109 Exposure of human, livestock, or mammalian pet to rabies.

Sec. 9.

(1) If a large carnivore potentially exposes a human to rabies by any penetration of the skin by teeth, any scratch that causes penetration of the skin, any abrasion that causes penetration of the skin, or contamination of open wounds or mucous membranes with saliva or other infectious material, the owner of the large carnivore shall report the potential exposure to the local health department within 24 hours.

(2) If a large carnivore potentially exposes livestock or a mammalian pet to rabies by any penetration of the skin by teeth, any scratch that causes penetration of the skin, any abrasion that causes penetration of the skin, or contamination of open wounds or mucous membranes with saliva or other infectious material, the owner of the large carnivore shall report the potential exposure to the permitting agency within 24 hours.

History: 2000, Act 274, Imd. Eff. July 7, 2000

287.1110 Euthanasia of large carnivore exposing human, livestock, or mammalian pet to rabies; examination.

Sec. 10.

If a large carnivore potentially exposes a human, livestock, or a mammalian pet to rabies by any means identified in this section, the large carnivore shall be humanely euthanized by a veterinarian. The large carnivore shall be immediately examined for rabies in the manner provided by rules promulgated under section 5111 of the public health code, 1978 PA 368, MCL 333.5111.

History: 2000, Act 274, Imd. Eff. July 7, 2000

287.1111 Conditions permitting law enforcement officer or other person to kill large carnivore; liability; actions constituting trespass.

Sec. 11.

(1) A law enforcement officer or other person may kill a large carnivore if the person sees the large carnivore chasing, attacking, injuring, or killing either of the following:

(a) A human.

(b) Livestock, poultry, or a mammalian pet.

(2) A law enforcement officer may kill a large carnivore if the law enforcement officer sees the large carnivore chasing, attacking, injuring, or killing wildlife.

(3) A person is not liable in damages or otherwise for killing or attempting to kill a large carnivore under subsection (1) or (2).

(4) This act does not prohibit the owner of a large carnivore, for which a permit has been issued if required under this act, from recovering by legal action against a law enforcement officer or other person the value of a large carnivore illegally killed by that law enforcement officer or other person.

(5) A large carnivore's entry onto a field or enclosure that is owned by or leased by a person producing livestock or poultry constitutes a trespass, and the owner of the large carnivore is liable in damages.

History: 2000, Act 274, Imd. Eff. July 7, 2000

287.1112 Liability of owner for death or injury of human or for property damage; escape or release of large carnivore.

Sec. 12.

(1) The owner of a large carnivore is liable in a civil action for the death or injury of a human and for property damage, including, but not limited to, the death or injury of another animal, caused by the large carnivore. This act does not limit the common law liability of the owner of a large carnivore for the death or injury of a human or for property damage caused by the large carnivore.

(2) If a large carnivore escapes or is released, intentionally or unintentionally, the owner of the large carnivore shall immediately contact a law enforcement officer of the local unit where the escape or release occurred to report the loss, escape, or release. The owner of the large carnivore is liable for all expenses associated with efforts to recapture the large carnivore that is released or escapes.

(3) The owner of the large carnivore may bring against a person who is responsible in whole or part for the escape or release of the large carnivore a civil action for damages, including, but not limited to, damages and expenses under subsections (1) and (2).

History: 2000, Act 274, Imd. Eff. July 7, 2000

287.1113 Inspection of facility by law enforcement officer.

Sec. 13.

(1) A facility is subject to inspection at reasonable hours by a law enforcement officer to ensure compliance with this act.

(2) If there is probable cause to believe that this act is being violated, a law enforcement officer shall do 1 of the following:

(a) Issue to the owner of the large carnivore a notice of the violation under section 14.

(b) Arrest the owner of the large carnivore or seek a warrant for his or her arrest, as appropriate under chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.1 to 764.29, for a misdemeanor under section 15.

History: 2000, Act 274, Imd. Eff. July 7, 2000

287.1114 Notice of violation; transfer of ownership and possession; second inspection; fee; finding of noncompliance; forfeiture.

Sec. 14.

(1) If there is probable cause to believe this act is being violated, a law enforcement officer may give notice of the violation in writing to the owner of the large carnivore. The notice shall identify the violation and include a copy of this act.

(2) Not more than 30 days after the notice is delivered, the owner of the large carnivore shall transfer ownership and possession of the large carnivore or, subject to subsection (3), correct the violation and shall notify the law enforcement officer of the action taken.

(3) If the violation was failure to obtain a permit and the violation was committed knowingly, not more than 14 days after the notice is delivered, the owner of the large carnivore shall transfer ownership and possession of the large carnivore and notify the law enforcement officer of the action taken.

(4) A large carnivore transferred under subsection (2) or (3) must be transferred to a person described in section 22(1)(a) or (3). Notice that the large carnivore was transferred under this subsection must include evidence of the transfer satisfactory to the law enforcement officer.

(5) Unless the owner of the large carnivore notifies the law enforcement officer that the large carnivore was transferred under subsection (2) or (3), the law enforcement officer shall conduct an inspection at a reasonable time not less than 30 days after notice of the violation was delivered. When the second inspection is conducted, the owner of the large carnivore shall pay an inspection fee of $25.00 or actual, reasonable costs of the inspection, whichever is greater, to the law enforcement officer.

(6) If the law enforcement officer finds that the owner of the large carnivore has not complied with subsection (2) or (3), the law enforcement officer shall seek forfeiture of the large carnivore under section 16.

History: 2000, Act 274, Imd. Eff. July 7, 2000 ;-- Am. 2018, Act 610, Eff. Mar. 28, 2019

287.1115 Violation as misdemeanor; fine; exception.

Sec. 15.

(1) Subject to subsection (2), a person who violates this act is guilty of a misdemeanor. The person shall be punished by a fine of not less than $250.00 or more than $1,000.00, plus costs of prosecution. However, a person who fails to obtain a permit as required by this act shall be punished by a fine, for each large carnivore for which the permit was required, of not less than $500.00 or more than $2,000.00, plus costs of prosecution. In addition, a person who violates this act may be punished by 1 or more of the following:

(a) Imprisonment for not more than 93 days.

(b) Community service work for not more than 500 hours.

History: 2000, Act 274, Imd. Eff. July 7, 2000

287.1116 Violation; request for civil forfeiture; filing.

Sec. 16.

(1) If a person who owns or possesses a large carnivore violates this act, that large carnivore and any other large carnivore owned by that person are subject to civil forfeiture.

(2) The prosecuting attorney in an action under section 15 may file a petition requesting that the court issue an order for civil forfeiture of all of the large carnivores owned by the person violating this act.

History: 2000, Act 274, Imd. Eff. July 7, 2000

287.1117 Seizure order; circumstances; method; placement; return to crime victim.

Sec. 17.

(1) A law enforcement officer shall seize a large carnivore pursuant to an order of seizure issued by the court having jurisdiction over the large carnivore upon a showing of probable cause that the large carnivore is subject to forfeiture under section 16(1).

(2) A large carnivore subject to forfeiture under section 16(1) may be seized under any of the following circumstances:

(a) The seizure is incident to a lawful arrest for a violation of this act.

(b) The seizure is pursuant to a valid search warrant.

(d) There is probable cause to believe that the conditions under which the large carnivore or any other large carnivore owned by the same person is kept are directly or indirectly dangerous to human or animal health or safety.

(e) Exigent circumstances exist that preclude obtaining a court order, and there is probable cause to believe that this act has been violated.

(f) The large carnivore or any other large carnivore owned by the same person is the subject of a prior judgment in favor of this state in a forfeiture proceeding.

(3) If a seizure is to be accomplished by capture, tranquilization or other humane methods shall be used for the capture.

(4) A large carnivore seized under this act is not subject to any other action to recover personal property, but is considered to be in the custody of the seizing agency subject only to subsection (5) and sections 18 and 19, or to an order and judgment of the court having jurisdiction over the forfeiture proceedings. When a large carnivore is seized under this act, the law enforcement officer may remove the large carnivore to a place designated by the court.

(5) A large carnivore that belongs to the victim of a crime shall promptly be returned to the victim, except in the following circumstances:

(a) When the crime victim last possessed the large carnivore, he or she was in violation of section 4.

(b) If the ownership of the large carnivore is disputed, until the dispute is resolved.

(c) If the property is required to be retained as evidence pursuant to section 4(4) of the crime victim's rights act, 1985 PA 87, MCL 780.754.

History: 2000, Act 274, Imd. Eff. July 7, 2000

287.1118 Correction of conditions leading to seizure; return to owner; court approval; notice of seizure and intent to forfeit; delivery of notice; notice to prosecuting attorney or attorney general.

Sec. 18.

(1) A law enforcement officer may return a seized large carnivore to the owner of the large carnivore if the law enforcement officer is satisfied that the conditions resulting in the seizure have been corrected. If the large carnivore was seized pursuant to process issued by a court, the law enforcement officer shall obtain approval of the court before returning the large carnivore.

(2) Unless the large carnivore has been returned, the law enforcement officer shall, within 10 days after the large carnivore is seized, give written notice of the seizure and intent to forfeit the large carnivore to each of the following persons:

(a) The owner of the large carnivore.

(b) Any person who was injured or whose property was damaged by the large carnivore.

(3) The notice required under subsection (2) shall be delivered in person or sent by certified mail. If the name and address of the person are not reasonably ascertainable or personal delivery of the notice cannot reasonably be accomplished, the notice shall be published in a newspaper of general circulation in the county in which the large carnivore was seized for 10 successive publishing days. Proof of written notice or publication shall be filed with the court having jurisdiction over the seizure or forfeiture.

(4) The law enforcement officer shall immediately after seizure of the large carnivore notify the prosecuting attorney for the county in which the large carnivore was seized or, if the attorney general is actively handling a case involving or relating to the large carnivore, the attorney general of the seizure of the large carnivore and any intent to forfeit the large carnivore under this act.

History: 2000, Act 274, Imd. Eff. July 7, 2000

287.1119 Motion by owner for return of large carnivore; hearing; establishment of probable cause; burden of proof; admissibility of testimony in criminal prosecution.

Sec. 19.

(1) The owner of a large carnivore may file a motion with the court having jurisdiction to return the large carnivore on the grounds that the large carnivore was illegally seized or that the large carnivore is not subject to forfeiture under this act. The court shall hear the motion within 30 days after the motion is filed.

(2) At the hearing on the motion filed under subsection (1), the attorney general, or the attorney for the local unit in which the large carnivore was seized, shall establish probable cause to believe that the large carnivore is subject to forfeiture under this act and, if the owner claims the large carnivore was illegally seized, that the large carnivore was properly seized.

(3) If the attorney general or the attorney for the local unit in which the large carnivore was seized fails to sustain his or her burden of proof under subsection (2), the court shall order the return of the large carnivore.

History: 2000, Act 274, Imd. Eff. July 7, 2000

287.1120 Return of seized large carnivore to owner; conditions; notice; order of forfeiture; liability for care and placement costs.

Sec. 20.

(1) A law enforcement officer shall return a seized large carnivore to the owner of the large carnivore within 7 days after the occurrence of any of the following:

(a) The failure to issue a warrant against the owner of the large carnivore for committing a misdemeanor under section 15 or to file a complaint under section 16(3) within 10 days after the large carnivore is seized.

(b) The dismissal of charges against the owner of the large carnivore under section 15 or of a complaint under section 16(3), as applicable.

(d) The acquittal of the owner of the large carnivore of any charges under section 15.

(e) Entry of a court order under this act for the return of the large carnivore.

(2) If a large carnivore is returned under subsection (1), the law enforcement officer shall give written notice to the persons who received notice under section 18 that the large carnivore has been returned. The notice under this subsection shall be delivered in person or sent by certified mail. If the name and address of the person are not reasonably ascertainable or personal delivery of the notice cannot reasonably be accomplished, the notice shall be published in a newspaper of general circulation in the county in which the large carnivore was seized for 10 successive publishing days.

(3) If the court orders a large carnivore to be forfeited, the order of forfeiture shall direct that each large carnivore be transferred to a wildlife sanctuary approved by the association of sanctuaries, an animal protection shelter, or a zoo accredited by the American zoo and aquarium association, where the large carnivore will be safely and humanely cared for. However, subject to section 10, if the large carnivore killed or injured a human or an animal, the order of forfeiture may direct that the large carnivore be humanely euthanized by a veterinarian. An order of forfeiture shall also revoke any permit that may have been issued for the large carnivore under section 4 and order payment of costs under subsection (4). The forfeiture is a civil forfeiture.

(4) If a large carnivore is seized, the owner of the large carnivore is liable for the costs of placement and care for the large carnivore from the time of seizure until the time of return or forfeiture and, if a large carnivore is ordered to be forfeited and euthanized, for the costs of humanely euthanizing and disposing of the large carnivore. This subsection does not apply if the large carnivore is returned under subsection (1) or section 19.

History: 2000, Act 274, Imd. Eff. July 7, 2000

287.1121 Local ordinance more restrictive than act; requirements as additional to other state and federal law.

Sec. 21.

(1) A local unit may adopt an ordinance governing large carnivores that is more restrictive than this act.

(2) The requirements of this act are in addition to any other requirements governing a large carnivore under state and federal law.

History: 2000, Act 274, Imd. Eff. July 7, 2000

287.1122 Exceptions; breeding black bear sows.

Sec. 22.

(1) Sections 4, 5, and 6 do not apply to any of the following:

(a) A person who is licensed or approved by the department of natural resources of this state or by the United States Fish and Wildlife Service of the United States Department of the Interior. This subdivision does not apply to a person in possession of 1 or more black bears under the authority of a permit to hold wildlife in captivity issued by the department of natural resources.

(b) A law enforcement officer acting under the authority of this act.

(c) A veterinarian temporarily in possession of a large carnivore to provide veterinary care for or humanely euthanize the large carnivore.

(2) Sections 4, 5, 6(1)(d) to (5)(d), 8, and 14(3) do not apply to a person who is not a resident of this state and who is in this state only for the purpose of travel between locations outside of this state.

(3) Sections 4, 5, 6(1)(d) to (5)(d), and 14(3) do not apply to an animal control shelter or animal protection shelter in possession of a large carnivore to provide humane euthanasia or export the large carnivore to another state under section 8.

(4) Sections 4, 6(1)(d) to (5)(d), 8, and 14(3) do not apply to a person who resides in this state and meets all of the following requirements:

(a) Is conducting a for-profit or nonprofit business, if the primary purpose of that business is the presentation of animals including large carnivores to the public for education or exhibition purposes.

(b) Is a class C licensee that possesses and maintains a class C license under 9 CFR parts 1 and 2.

(c) Meets or exceeds all standards required of a class C licensee under 9 CFR parts 1 and 2, including, but not limited to, standards for training, housing, care, and transport of large carnivores. If the United States Department of Agriculture has, within the last 5 years, confiscated an animal of, or issued a finally determined direct or critical noncompliance to or a civil penalty, including a cease and desist order, a monetary penalty, or a license suspension or revocation against, a class C licensee, that class C licensee does not meet the requirement under this subdivision.

(d) Except as provided in subsection (5), does not allow a patron to do either of the following:

(i) Come into direct contact with a large carnivore.

(ii) Come into close enough contact with a large carnivore over 20 weeks of age so as to place the patron in jeopardy of being harmed by the large carnivore.

(e) Does not sell large carnivores, except to another person that meets the requirements of this subsection.

(f) Does not breed large carnivores.

(5) A person who otherwise meets the requirements under subsection (4) may allow a patron to come into contact with a large carnivore if the large carnivore is a bear less than 36 weeks of age or a bear weighing 90 pounds or less if the person satisfies 1 of the following:

(a) The person was in possession of a bear on March 26, 2013.

(b) The person acquired a business described in subsection (4) from a person who was in possession of a bear on March 26, 2013.

(6) Notwithstanding any law to the contrary, a person who meets the requirements of subsection (5) may breed not more than 4 black bear sows per year if the person satisfies all of the following conditions:

(a) The person does not transfer a large carnivore to any of the following:

(i) A person that is not qualified or capable, as determined by the department, of safely maintaining the large carnivore or ensuring its well-being.

(ii) An animal auction or a person that may display or sell the large carnivore at an animal auction.

(iii) A person that allows the hunting of large carnivores.

(b) The person does not raise a large carnivore for the purpose of providing food, fur, pelts, body parts, organs, or bodily fluids, or transfer a large carnivore to a person that will use the large carnivore for any of those purposes.

(c) The person does not perform disfiguring procedures, including, but not limited to, declawing or canine tooth removal, unless considered medically necessary by a licensed veterinarian.

(7) Sections 3(b), 4, 5, 6(1)(d) to (5)(d), and 14(3) do not apply to a person who holds a valid breeding license under section 22b.

History: 2000, Act 274, Imd. Eff. July 7, 2000 ;-- Am. 2013, Act 8, Imd. Eff. Mar. 26, 2013 ;-- Am. 2018, Act 609, Eff. Mar. 28, 2019 ;-- Am. 2018, Act 610, Eff. Mar. 28, 2019

287.1122a Breeding license; requirements.

Sec. 22a.

Subject to section 22b, a person who meets all of the following requirements may apply to the department for a breeding license to breed large carnivores:

(b) Is a class C licensee that possesses and maintains a class C license under 9 CFR parts 1 and 2.

(d) Does not allow a patron to come into direct contact with a large carnivore.

(e) Does not sell large carnivores, except to another person that meets the requirements of this section.

History: Add. 2018, Act 610, Eff. Mar. 28, 2019

287.1122b Breeding license application; form; contents; documentation required; fee; large carnivore breeding advisory committee; disposition of application fees; amended license.

Sec. 22b.

(1) The application for a license to breed large carnivores must be on a form prescribed by the department and must contain both of the following:

(a) The name, address, telephone number, and electronic mail address of the person applying and, if the person applying is a corporation, partnership, association, governmental entity, or other legal entity, list any partners, officers, or agent for service of process.

(b) A description of the 2 large carnivores the person intends to breed and the purpose for the breeding that demonstrates compliance with section 22c(1)(l).

(2) The application described under subsection (1) must be accompanied by the following:

(a) Documentation from the United States Department of Agriculture that the person has not had an animal confiscated or been issued a finally determined direct or critical noncompliance or civil penalty as described in section 22a(c).

(b) Documentation that the person complies with section 22a.

(c) Documentation that the person complies with section 22c. Documentation that the person complies with section 22c(1)(c) and (d) must be from a local law enforcement agency.

(d) An application fee of $2,500.00.

(3) Except as provided in subsections (6) and (8), a breeding license to breed the 2 large carnivores identified under subsection (1)(b) that is granted under this section is valid for 3 years from the date the breeding license is granted.

(4) Upon receipt of an application described under subsection (1), the department shall forward the application to the large carnivore breeding advisory committee created in subsection (5). Not later than 90 days after receiving an application under subsection (1), the department shall deny, grant, or grant with conditions the application for a breeding license after considering the recommendation of the state veterinarian. The department shall not grant more than 10 new breeding licenses in a calendar year. Receipt of the application is considered the date the application is received by any agency or department of this state. If the application is considered incomplete by the department, the department shall notify the applicant in writing or make notice electronically available within 14 days after receipt of the incomplete application, describing the deficiency and requesting additional information. If the department identifies a deficiency, the 90-day period is tolled upon notification by the department of a deficiency and until the date the requested information is received by the department.

(5) The large carnivore breeding advisory committee is created in the department to advise the department on applications for a breeding license. The committee shall consist of the state veterinarian, who shall serve as chairperson, and the following 2 members appointed by the governor:

(a) One individual who is a member of a public zoo.

(b) One individual who is a member of a private zoo.

(6) The department may revoke a breeding license granted under this section upon the advice from the state veterinarian and after notice and a hearing as provided under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(7) The revenue received for application fees under this section shall be deposited in the agriculture licensing and inspection fees fund created in section 9 of the insect pest and plant disease act, 1931 PA 189, MCL 286.209. The application fees collected under this section and placed in the agriculture licensing and inspection fees fund shall be used only by the department to implement this section.

(8) The department may allow a person to amend a breeding license to breed a large carnivore that was not identified on the application under subsection (1)(b) if the person provides all of the following information to the department on forms prescribed by the department:

(a) Verification the person holds a valid breeding license.

(b) A description of the large carnivore that was not identified on the application under subsection (1)(b).

(d) The reasons the large carnivore identified under subdivision (c) was unable to breed.

History: Add. 2018, Act 610, Eff. Mar. 28, 2019

287.1122c Duties of person holding a breeding license; prohibited acts.

Sec. 22c.

(1) A person who holds a breeding license granted under section 22b shall do all of the following:

(a) Ensure that a facility in which a large carnivore is housed is adequately lit and free of clutter. Service doors must be clearly marked and in good working condition, and sufficient barriers must be in place to prevent unauthorized access to areas not intended for public access.

(b) Provide immediate access to staff working with or around large carnivores to designated emergency response personnel through a walkie-talkie, cellular telephone, alarm, or other electronic device.

(c) Create written emergency protocols for large carnivore escapes and injuries to humans by large carnivores and conduct annual emergency drills to practice responses for large carnivore escapes and injuries to humans by large carnivores. The emergency protocols must include communication systems to notify local law enforcement and emergency services.

(d) If law enforcement is not within a reasonable distance from the facility, create a trained firearms team. A trained firearms team shall have professional training and practice emergency responses at least 2 times each year.

(e) Provide and ensure the functionality of security and fire protection systems and methods that provide a reasonable level of safety for the collection of animals on a 24-hour basis, including, but not limited to, compliance with local building codes and an appropriate combination of night security, patrols, fire and smoke detection systems and alarms, monitors, and building design features.

(f) House a large carnivore that is not native to a temperate environment in an environment that has climate control and is comfortable for that species of large carnivore. An environment that relies on climate control must have an emergency backup system available, and all mechanical equipment must be included in a documented preventative maintenance program.

(g) Ensure that the conditions in which the large carnivore is kept take into account all of the following:

(i) Need for space.

(ii) Need for complexity in the large carnivore's environment in order to provide for the large carnivore's physical, social, and psychological well-being. The space in which the large carnivore is kept must include provisions for the behavioral enrichment of the large carnivore.

(iii) Choice and control over the use of space and social interactions with other large carnivores in the same space. The person must be capable of separating a large carnivore from other animals if the large carnivore exhibits a desire for separation.

(iv) Protection from injury and disease.

(h) Train staff to recognize abnormal behavior and clinical signs of illness and have knowledge regarding the diets, husbandry, natural history, and care required for large carnivores under their care to ensure the well-being of the large carnivores.

(i) Maintain a written policy for the acquisition, transfer, and disposition of large carnivores. The written policy described in this subdivision must satisfy all of the following:

(i) The policy must comply with all applicable local, state, federal, and international laws and regulations.

(ii) The policy must require documentation of ownership of large carnivores and any applicable chain of custody.

(iii) The policy must establish a system for the documentation of acquisition, transfer, and disposition of large carnivores using a comprehensive institutional record-keeping system. Individual large carnivores must be permanently identified as provided in section 5.

(iv) The policy must require the acquisition of a free-ranging animal to be done in accordance with applicable local, state, federal, and international laws and regulations and prohibit the acquisition if it is detrimental to the long-term viability of the large carnivore species in the wild.

(j) Meet all applicable local, state, federal, and international laws and regulations when designating a large carnivore for reintroduction and release into the wild.

(k) Satisfy all of the following requirements:

(i) Sign and provide to the department a succession plan for the large carnivores held by the person. The person shall also sign and provide to the department an affidavit stating that the person has the financial ability to care for the collection of large carnivores.

(ii) Has a written contingency plan in place in the event that a significant decrease in operating income occurs.

(iii) Provide insurance coverage for staff, volunteers, visitors, and physical facilities.

(l) Participate in scientific, sustainable, and cooperatively managed breeding programs that identify specific and typically threatened or endangered large carnivore species that are composed of large carnivores of known provenance and pedigree. A breeding program described in this subdivision must be based on comprehensive pedigree and demographic databases and analyses and must have long-range population management goals and recommendations to ensure sustainability of the population. A breeding program described in this subdivision must not allow the breeding of species hybrids or the breeding of a large carnivore for the purpose of selling, bartering, or trading the large carnivore's parts, and must ensure that adequate space to house offspring of a large carnivore is in place.

(m) Satisfy all of the following with respect to veterinary care of a large carnivore:

(i) Has a staff or attending veterinarian with knowledge of the species of large carnivore held by the person available 24 hours per day.

(ii) Has a veterinary care program that emphasizes disease prevention.

(iii) Perform routine health evaluations to evaluate for infectious and noninfectious diseases common to large carnivores. The health evaluations described in this subparagraph must include, but are not limited to, all of the following:

(A) Fecal parasite screening.

(B) Complete blood count and serum chemistry.

(D) Health examinations described in section 6(5)(k).

(iv) Regularly vaccinate large carnivores for infectious diseases, as considered necessary by the attending veterinarian, and excludes from enclosures wildlife or feral animals that could transmit an infectious disease to a captive large carnivore.

(v) Consider procedures including, but not limited to, castration and ovariohysterectomy, that would benefit the long-term health and welfare of an individual large carnivore.

(vi) Adopt humane euthanasia practices as set forth in the "American Veterinary Medical Association Euthanasia Guidelines", performs necropsies on the deceased large carnivores to determine the cause of death, and disposes of a large carnivore after a necropsy in accordance with local, state, and federal law.

(vii) Meet all applicable laws or regulations regarding food preparation and storage.

(viii) Provide a nutritious diet and, to the best of the person's ability, minimizes disease, nutritional deficiencies, infections, parasite infestations, and obesity.

(ix) Make written procedures available to staff for the use of drugs for veterinary purposes, and maintains appropriate security over veterinary drugs.

(n) Maintain a written conservation action plan and strategy that is part of a collaborative, scientifically managed species conservation program for each species of large carnivore held that includes, but is not limited to, all of the following:

(i) Participation in local, regional, national, or international conservation programs, including, but not limited to, staff support or participation in field conservation activities and financial support.

(ii) Education awareness programs for guests, staff, volunteers, supporters, members, vendors, and contractors.

(iii) Evaluation and measurement of the impact of conservation programs and activities.

(2) A person who holds a breeding license granted under section 22b shall not do any of the following:

(a) Transfer a large carnivore to a person that is not qualified or capable of safely maintaining the large carnivore or ensuring its well-being.

(b) Transfer a large carnivore to an animal auction or to a person that may display or sell the large carnivore at an animal auction.

(d) Raise a large carnivore for the purpose of providing food, fur, pelts, body parts, organs, or bodily fluids, or transfer a large carnivore to a person that will use the large carnivore for any of these purposes.

(e) Perform disfiguring procedures, including, but not limited to, declawing and canine tooth removal, unless considered medically necessary by the attending veterinarian.

(f) Remove socially or nutritionally dependent young large carnivores from their mothers for hand-rearing unless deemed medically necessary by the attending veterinarian.

History: Add. 2018, Act 610, Eff. Mar. 28, 2019

287.1123 Information provided to pet shop, animal control shelter, and animal protection shelter.

Sec. 23.

The department shall provide each pet shop, animal control shelter, and animal protection shelter with information on the requirements of this act.

History: 2000, Act 274, Imd. Eff. July 7, 2000

Rendered 4/19/2024 10:34 PM
Michigan Compiled Laws Complete Through PA 35 of 2024
Courtesy of legislature.mi.gov