Bill Text: MI HB5128 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Agriculture; animals; animal care advisory council; create. Amends sec. 3 of 1988 PA 466 (MCL 287.703) & adds sec. 7a. TIE BAR WITH: HB 5127'09

Spectrum: Slight Partisan Bill (Democrat 20-7)

Status: (Introduced - Dead) 2009-10-15 - Re-referred To Committee On Agriculture [HB5128 Detail]

Download: Michigan-2009-HB5128-Introduced.html

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HOUSE BILL No. 5128

June 23, 2009, Introduced by Reps. Mayes, Simpson, Huckleberry, 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,"

 

by amending section 3 (MCL 287.703), as amended by 2002 PA 458, and

 

by adding section 7a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. (1) "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 provisions of 9 C.F.R. CFR part 161, and considered

 

preapproved to perform certain functions of federal and cooperative

 

state/federal programs.

 

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

 

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

 

exotic animals, aquaculture, and domestic animals.

 

     (3) "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:

 

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

 

     (b) Official identification.

 

     (c) Anticipated movement date.

 

     (d) Any required official test results for bovine

 

tuberculosis.

 

     (4) "Aquaculture" means the commercial husbandry 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, including, but not limited to, the culturing,

 

producing, growing, using, propagating, harvesting, transporting,

 

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

 

by-products of fish, crustaceans, mollusks, reptiles, and

 

amphibians, reared or cultured under controlled conditions in an

 

aquaculture facility.

 

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

 

the Michigan aquaculture development act, 1996 PA 199, MCL 286.871

 

to 286.884.

 

     (6) "Approved vaccine" means a veterinary biological

 

administered to livestock or other animals to induce immunity in

 

the recipient and approved by the state veterinarian.

 

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

 

aquaculture. Carcasses do not include rendered products.

 

     (8) "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.

 

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

 

the department and used only to feed cattle in preparation for

 

slaughter.

 

     (10) "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.

 

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

 

point of destination named on the 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.

 

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

 

infectious agent or suspected infectious agent or its toxic

 

products which arises through transmission of that agent or its

 

products from an infected animal, or inanimate reservoir to a

 

susceptible host, either directly or indirectly through an

 

intermediate plant or animal host, vector, or the inanimate

 

environment, or via an airborne mechanism.

 

     (13) "Council" means the animal care advisory council created

 

in section 7a.

 

     (14) (13) "Dealer" means any 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.

 

     (15) (14) "Department" means the Michigan department of

 

agriculture.

 

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

 

destination without unloading the animals en route and without

 

exposure to any other animals or bodily excrements, aerosols, or

 

fluids from other animals.

 

     (17) (16) "Director" means the director of the Michigan

 

department of agriculture or his or her authorized representative.

 

     (18) (17) "Disease" means any animal health condition with

 

potential for economic impact, public or animal health concerns, or

 

food safety concerns.

 

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

 

administering or dispensing a veterinary biological.

 

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

 

that live under the husbandry of humans.

 

     (21) (20) "Emergency fish diseases" means certain infectious

 

diseases of fish that are transmissible directly or indirectly from

 

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

 

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

 

viral hemorrhagic septicemia, infectious hematopoietic necrosis,

 

ceratomyxosis, and proliferative kidney disease.

 

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

 

which includes horses, asses, jacks, jennies, hinnies, mules,

 

donkeys, burros, ponies, and zebras.

 

     (23) (22) "Exhibition or exposition" means a congregation,

 

gathering, or collection of livestock 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, and livestock yards

 

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

 

287.131.

 

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

 

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

 

entertainment, advertisement, educational event, or competition

 

involving livestock. Exhibition facility does not include a public

 

stockyard, an auction saleyard, and a livestock yard where

 

livestock are accepted on consignment and the auction method is

 

used in the marketing of the livestock.

 

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

 

for public display, exhibition, or competition or enters livestock

 

in a fair, show, exhibition, or exposition.

 

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

 

native to North America.

 

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

 

exhibition of agricultural commodities and manufactured products

 

for which premiums may be paid and which is conducted by an

 

association or governmental entity.

 

     (28) "Farm" means that term as defined in section 2 of the

 

Michigan right to farm act, 1981 PA 93, MCL 286.472.

 

     (29) (27) "Feral swine" means swine which have lived their

 

life lives or any part of their life lives as free roaming or not

 

under the husbandry of humans.

 

     Sec. 7a. (1) There is created an animal care advisory council

 

within the department.

 

     (2) The director, or his or her designee, is considered a

 

nonvoting ex officio member of the council. The council members

 

shall include representation from the following:

 

     (a) Two veterinarians specializing in food animal and

 

livestock health issues appointed from a list of candidates

 

provided by the Michigan veterinary medical association.

 

     (b) Two individuals directly involved in agriculture

 

production appointed from a list of candidates provided by the

 

producers of the agricultural commodities for which this act

 

established animal care guidelines.

 

     (c) One individual specializing in animal welfare research and

 

husbandry practices with internationally recognized peer-reviewed

 

published research appointed from a list of candidates provided by

 

the dean of the college of agriculture and natural resources at

 

Michigan state university.

 

     (d) One individual representing an animal welfare agency

 

appointed from a list of candidates provided by the Michigan humane

 

society.

 

     (e) One individual representing the food processing industry

 

in the state appointed from a list of candidates provided by the

 

Michigan food processors association.

 

     (f) One individual representing the retail food industry in

 

the state appointed from a list of candidates provided by the

 

Michigan grocer's association.

 

     (g) One individual representing restaurants appointed from a

 

list of candidates provided by the Michigan restaurant association.

 

     (3) The members of the council shall be appointed by the

 

director with the advice and consent of the commission of

 

agriculture. Individuals shall serve a term of 4 years, except that

 

the first term for 1 veterinarian, 1 agricultural producer, the

 

animal welfare and husbandry researcher, the welfare agency

 

representative, and the food processing representative shall be for

 

6 years.

 

     (4) The council shall elect a chair and vice-chair to serve a

 

term of 2 years initially, and thereafter a term of 1 year. Members

 

may be reelected to serve consecutive terms as chair and vice-

 

chair. The director shall serve as the secretary of the council.

 

     (5) The council is an advisory entity and shall provide

 

recommendations to the director and the commission of agriculture

 

and shall do all of the following:

 

     (a) Not later than 18 months after the effective date of the

 

amendatory act that added this section, review the on-farm

 

certification program for animal care standards based upon sound

 

scientific principles. The recommendations described in this

 

subdivision may be made through subcommittees appointed by the

 

council that include noncouncil members who specialize in science-

 

based species-specific issues.

 

     (b) Not less than every 5 years, consider and change species-

 

specific science-based animal care standards and implementation

 

guidelines that consider changes or developments in the existing

 

national standards.

 

     (c) Develop a process for the certification of third-party

 

auditors by the department and impose an appropriate fee to be paid

 

by the third-party auditor to the department for certification.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5127(request no.

 

03310'09) of the 95th Legislature is enacted into law.