HOUSE BILL No. 4567

 

April 21, 2011, Introduced by Reps. Somerville, Denby, Muxlow and Daley and referred to the Committee on Agriculture.

 

     A bill to amend 1988 PA 466, entitled

 

"Animal industry act,"

 

(MCL 287.701 to 287.746) by adding section 26a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 26a. (1) As used in this section:

 

     (a) "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 equine infectious anemia.

 

     (b) "Change of ownership and location" means a transfer of

 

ownership of equidae from 1 person to another person through

 

selling, bartering, trading, leasing, or donating the equine along

 

with a change of location of the equidae.


 

     (c) "Equine 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 equidae have been interchanged.

 

     (B) Equidae from 1 of the premises have had contact with

 

equidae 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.

 

     (d) "Equine infectious anemia" means an infectious disease of

 

equidae caused by a lentivirus, equine infectious anemia virus.

 

     (e) "Equine infectious anemia laboratory test form" means the

 

official federal government form, veterinary services form 10-11,

 

required to submit blood samples to an approved laboratory for

 

equine infectious anemia testing or other form approved by the

 

director.

 

     (f) "Equine infectious anemia test-positive equine" 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.

 

     (g) "Exposed equine" or "exposed equidae" means animals in the

 

family equidae that have been exposed to equine infectious anemia


 

by associating with equidae known or later found to be affected

 

with equine infectious anemia.

 

     (h) "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.

 

     (i) "Permit" means an official document, vs form 1-27 or

 

comparable state form, that is issued by a state or federal

 

representative or by an accredited veterinarian, required to

 

accompany all equine infectious anemia test-positive equidae and

 

those exposed equidae that are being moved under official seal

 

during their movement to the specified destination.

 

     (j) "Restricted equidae" means equine infectious anemia test-

 

positive equidae or exposed equidae.

 

     (2) A person shall not move equidae into this state from

 

another state unless the equidae have had an official equine

 

infectious anemia test with a negative result within the previous

 

12 months of entry. In addition, the person in control of the

 

equidae shall be in possession of an official interstate health

 

certificate or interstate certificate of veterinary inspection

 

documenting the date, laboratory, accession number, and results of

 

the latest equine infectious anemia test, signed by an accredited

 

veterinarian. The testing requirement of this subsection does not


 

apply to equidae that are both 6 months or younger and nursing.

 

     (3) A person shall not enter equidae in exhibitions,

 

expositions, or fairs unless the equidae have had an official

 

equine infectious anemia test with a negative result within the

 

previous 12 months that is documented on the equine infectious

 

anemia laboratory test form. A fair, exhibition, exposition, or

 

show authority is responsible for assuring that all participating

 

equidae are test-negative for equine infectious anemia. The testing

 

requirement of this subsection does not apply to equidae that are

 

both 6 months or younger and nursing.

 

     (4) A person shall not change the ownership and location of

 

equidae within the state, unless the equidae have had an official

 

equine infectious anemia test with a negative result within the

 

previous 12 months. All change of ownership and location

 

transactions shall be accompanied by a certificate signed by an

 

accredited veterinarian documenting the date, laboratory, accession

 

number, and results of the latest equine infectious anemia test or

 

by an equine infectious anemia laboratory test form. The testing

 

requirement of this subsection does not apply to equidae that are

 

both 6 months or younger and nursing.

 

     (5) All equidae entering, remaining at, or 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, must have an official equine infectious anemia test with a

 

negative result within the previous 12 months of sale. If an equine

 

infectious anemia test is not possible before each sale, then the

 

equidae must be held on the sale premises until the test results


 

are known. The testing requirement of this subsection does not

 

apply to equidae that are both 6 months or younger and nursing.

 

     (6) The owner or operator of an approved laboratory shall

 

report all positive results of equine infectious anemia to the

 

department. A positive equine infectious anemia test result shall

 

be reported as soon as practicable and a negative test shall be

 

reported within 10 business days after the test results are

 

completed. This section does not prohibit an owner of equidae or

 

organization sponsoring an event involving equidae from requiring

 

an official equine infectious anemia test for equidae involved in

 

any equidae group activity or that are commingling with or in

 

proximity to other equidae. Notwithstanding section 44(1) and (2),

 

a person who violates this subsection is responsible for a civil

 

violation and may be fined not more than $100.00.

 

     (7) The department shall test all equidae located within a

 

1/4-mile radius of the perimeter of the area in which the equine

 

infectious anemia test-positive equine is or has been contained at

 

the expense of the department. If the director determines that a

 

large number of equidae are equine infectious anemia test-positive,

 

the director may require testing of all equidae within an area

 

larger than the 1/4-mile radius described in this subsection.

 

     (8) The director shall quarantine equidae that test positive

 

to an official equine infectious anemia test and their herd of

 

origin. Equidae 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 a minimum of 1 quarter

 

mile away from any other equine. Equidae 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 equine herd that is the source of

 

an equine infectious anemia test-positive equine 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 equidae

 

have 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

 

equidae 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 equidae have been removed or

 

segregated from the herd. If all equidae tested are negative to the

 

official equine infectious anemia test, the quarantine may be

 

released.

 

     (10) The owner of an equine infectious anemia test-positive

 

equine shall provide to the department records, reflecting the time

 

period during which the equine infectious anemia test-positive

 

equine both had been on the premises and had been a member of the

 

equine herd, that include at least the following information:

 

     (a) The name and address of the previous owner.

 

     (b) To the best of the owner's knowledge, the location of

 

other equidae that were potentially exposed to the equine


 

infectious anemia test-positive equine.

 

     (11) Within 30 days after positive test results are reported

 

to an owner of an equine infectious anemia test-positive equine or

 

at a different time period agreed to by the director, the owner of

 

an equine infectious anemia test-positive equine shall provide to

 

the department the records described in subsection (10).

 

     (12) The director may conduct epidemiological investigations

 

on all equidae that have possible exposure to official equine

 

infectious anemia test-positive equidae to determine the need for

 

additional quarantining and official equine infectious anemia

 

testing.

 

     (13) A person shall not destroy or remove official equine

 

infectious anemia test-positive equidae from the original test

 

location or premises without prior permission from the director.

 

     (14) The owner shall not destroy the official equine

 

infectious anemia test-positive equine without permission from the

 

director. The director shall issue a quarantine release and be

 

present when the equine is destroyed or an accredited veterinarian

 

may document and certify that the official equine infectious anemia

 

test-positive equine has been destroyed.

 

     (15) Unless immediately destroyed, official equine infectious

 

anemia test-positive equidae 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 equidae may move interstate only if


 

accompanied by a permit listing the owner's name and address,

 

points of origin and destination, number of equidae included,

 

purpose of the movement, and at least either the individual equine

 

registered breed association registration tattoo or the individual

 

equine registered breed association registration number, or other

 

unique official identification. The permit shall also list the

 

equine's name, age, sex, breed, color, and markings.

 

     (17) Equine infectious anemia test-positive equidae may only

 

move interstate under permit to the following locations:

 

     (a) A federally inspected slaughter facility.

 

     (b) A federally approved diagnostic or research facility.

 

     (c) A herd or farm of origin.

 

     (18) The individual issuing the permit 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 equine to be moved interstate will be maintained in

 

isolation sufficient to prevent the transmission of equine

 

infectious anemia to other equidae. The equine infectious anemia

 

test-positive equine shall remain quarantined under state authority

 

at the locations described in subsection (17) 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) Individual exposed equidae may be allowed to move from a

 

quarantined area for specific purposes if they have a negative test

 

at the time of movement. The equidae 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 45 days after the last known exposure to an equine

 

infectious anemia test-positive equine.

 

     (20) The department may establish a voluntary program

 

regarding an equidae identification card system, funded by a

 

reasonable fee charged to the participants, that includes at least

 

the following:

 

     (a) A pocket-size card made of durable material.

 

     (b) A photographic or graphic likeness of the equine and a

 

description of at least the color, breed, sex, age, markings, name

 

of owner, and location or address of the equine.

 

     (c) An indication of a negative result for an official equine

 

infectious anemia test, along with the date of the test.

 

     (21) Any information that identifies the owner of an equine

 

that is gathered by the department under this section is exempt

 

from disclosure under the freedom of information act, 1976 PA 442,

 

MCL 15.231 to 15.246.