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.