HB-6208, As Passed House, December 5, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6208

 

 

June 12, 2018, Introduced by Reps. Alexander, Lauwers, Victory, Vaupel, Howell, Wentworth and Calley and referred to the Committee on Agriculture.

 

     A bill to amend 1937 PA 284, entitled

 

"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,"

 

by amending sections 4 and 7 (MCL 287.124 and 287.127), as amended

 

by 2012 PA 317.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 on the refusal,

 

suspension, or revocation to the affected licensee. affected. The

 

notice shall appoint provide 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 make a decision. A licensee who feels is

 

aggrieved at by 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

 

this 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 287.746.287.745.

 

     (d) The licensee has failed to practice measures of

 

sanitation, disinfection, or dead animal disposal as required in

 

1982 PA 239, MCL 287.651 to 287.683, or the requirements of this

 

act regarding 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 The

 

licensee, upon the request of the department, has failed or

 

refused to produce records requested by the department that are

 

required under this act.

 

     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, 287.745, 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 a construction as will

 

facilitate that facilitates 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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 6205 (request no.

 

04193'17) of the 99th Legislature is enacted into law.