Bill Text: MI HB5127 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Agriculture; animals; establishment of care standards; provide for certain animals and create remedies. Amends 1988 PA 466 (MCL 287.701 - 287.745) by adding sec. 46.
Spectrum: Moderate Partisan Bill (Democrat 20-4)
Status: (Passed) 2009-10-15 - Assigned Pa 117'09 [HB5127 Detail]
Download: Michigan-2009-HB5127-Introduced.html
HOUSE BILL No. 5127
June 23, 2009, Introduced by Reps. Simpson, Huckleberry, Mayes, Espinoza, Terry Brown, Daley, Kurtz, Tyler, Hansen, Cushingberry, Valentine, Segal, Barnett, Haase, Byrum, Nerat, Schuitmaker, Melton, Gonzales, Spade, Sheltrown, Byrnes, Angerer, Kandrevas, Ball, Neumann and Haveman and referred to the Committee on Agriculture.
A bill to amend 1988 PA 466, entitled
"Animal industry act,"
(MCL 287.701 to 287.745) by adding section 8a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8a. (1) The department and the commission of agriculture
have the sole authority to regulate livestock health and welfare.
The department shall enforce the standards adopted under subsection
(2), any other standards developed and adopted under subsection
(8), and rules promulgated under subsection (11).
(2) The following standards, in the form as they exist on the
effective date of the amendatory act that added this section, are
adopted and incorporated by reference as the animal care standards
to be recognized and utilized by the department:
(a) Pork quality assurance plus, published by the national
pork board, 2007.
(b) National dairy FARM program: farmers assuring responsible
management, published by the national milk producers federation,
2009.
(c) United egg producers-animal husbandry guidelines for
United States egg-laying flocks, published by the united egg
producers, 2008.
(d) National chicken council animal welfare guidelines,
published by the national chicken council, 2005.
(e) Animal care best management practices for the care of
turkeys, published by the national turkey federation, 2004.
(f) Beef quality assurance program, published by the national
cattleman's beef association, 2009.
(g) Veal quality assurance program, published by the American
veal association, 2001.
(3) Farms subject to this act shall comply with the standards
adopted under subsection (2) not later than July 1, 2020.
Thereafter, the department and the council shall review the animal
care standards not less than every 5 years to make recommendations
to the commission of agriculture regarding any changes, including
implementation guidelines.
(4) The department shall establish a system for auditing the
compliance by farms with the animal care standards adopted under
this section. The system shall provide for the training of private
third-party entities that are approved by the department to conduct
the audits and certify farms that comply with the animal care
standards adopted under this section. The department shall impose
and collect fees sufficient, as approved by the commission of
agriculture, to cover the costs of establishing the approval of
third-party entities to conduct farm audits and administer the farm
certification process. An audit conducted by a third-party entity
under this subsection is considered a private transaction between
that entity and the owner or operator of the farm, and that owner
or operator is responsible for the cost of that audit, not the
department or this state. The department shall establish the
approval, certification, and audit systems not later than 24 months
after the effective date of the amendatory act that added this
section.
(5) A farm that is certified under this section is considered
in compliance with the animal care standards established under this
section until otherwise determined. The department may request the
submission of information or documents periodically, but not longer
than 5 years from the date of the last certification. Any
information submitted by the farm or on behalf of the farm to the
department is exempt from disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(6) If a private third-party entity conducting an audit
determines that a farm is not in compliance with the animal care
standards, the third-party auditor shall notify the department and
the department shall notify the owner or operator of the farm in
writing. The department shall give that owner or operator a
reasonable time to achieve compliance, as recommended by the
commission of agriculture.
(7) The department shall establish a progressive enforcement
process designed to aid farms in achieving compliance with the
animal care standards. The owner or operator of a farm that
contests the finding of noncompliance may request a contested case
hearing under the administrative procedures act of 1969, 1969 PA
306, MCL 24.201 to 24.328, and may exercise any right to appeal or
judicial review under that act.
(8) The council may review animal care standards not addressed
in subsection (2) and recommend to the commission of agriculture
and the department the development and adoption of additional
standards not addressed under subsection (2) on a species-by-
species basis. The commission of agriculture, upon recommendation
of the council, may provide exemptions from compliance with the
standards adopted under this section regarding farms involved in
specialized markets for research or educational purposes.
(9) State funds shall not be used to educate the public or
promote animal care standards inconsistent with the animal care
standards developed, adopted, or promulgated under this section.
(10) A local unit of government shall not enforce any
ordinance involving animal care standards regarding livestock
subject to this act. This act preempts any local ordinance,
regulation, or resolution that purports to extend or revise in any
manner the provisions of this act or animal care standards adopted
under this section. There is a presumption that the raising,
keeping, care, treatment, marketing, or sale of animals in
compliance with the standards adopted under this section does not
constitute cruelty to, or the inhumane treatment of, livestock.
(11) The director of the department, in consultation with the
council and the commission of agriculture, may promulgate rules
under the administrative procedures act of 1969, 1969 PA 306, MCL
24.201 to 24.328, to update, substitute, or amend any animal care
standards adopted under this section.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5128(request no.
03311'09) of the 95th Legislature is enacted into law.
