March 7, 2019, Introduced by Senator DALEY 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
notice of a hearing
to be had thereon on the refusal,
or revocation to the affected licensee.
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
to the director
as he or she considers appropriate
regarding the violations charged, and after the hearing the
render make a decision. A licensee who feels is
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
(a) The applicant or licensee has failed to pay in full any
due on livestock purchased, or has violated the laws of
this state or rules promulgated by the director governing the
interstate or intrastate movement, shipment, or transportation of
(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
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
(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
industry act, 1988 PA 466, MCL 287.701 to
(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
as required by this act, related to the premises or
vehicles used for the stabling or transportation of animals.
There has been a failure or refusal on the part of the The
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
287.745, 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
and buildings shall be of
construction as will
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
(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
feet, shall be of concrete or impervious material
so as to
facilitate the cleaning of manure and debris from the unloading
(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
(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. 174
of the 100th Legislature is enacted into law.