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.




     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




     (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




     (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




     (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. 174


of the 100th Legislature is enacted into law.