Michigan Laws 287.703b – Scientifically based orders; requirements; revision or rescission of orders; enforcement; authority to enter into agreements
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Terms Used In Michigan Laws 287.703b
- Animal: means mollusks, crustaceans, and vertebrates other than human beings including, but not limited to, livestock, exotic animals, aquaculture species, and domestic animals. See Michigan Laws 287.703
- Department: means the department of agriculture and rural development. See Michigan Laws 287.703
- Director: means the director of the department or his or her authorized representative. See Michigan Laws 287.703
- Disease: means any animal health condition with potential for economic impact, public or animal health concerns, or food safety concerns. See Michigan Laws 287.703
- Infected zone: means an area in this state that has a defined dimension determined by the director in which a specific reportable animal disease is present in animals and separated from a disease-free zone by a surveillance zone. See Michigan Laws 287.703
- Law enforcement agency: means the department of state police, the department of natural resources, a law enforcement agency of a county, township, city, or village, or a tribal law enforcement agency that is responsible for the prevention and detection of crime and enforcement of the criminal laws of this state. See Michigan Laws 287.703
- month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
- Person: means an individual, partnership, corporation, cooperative, association, joint venture, or other legal entity including, but not limited to, contractual relationships. See Michigan Laws 287.703
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Surveillance zone: means an area in this state that has a defined dimension determined by the director to be at risk for a specific reportable animal disease and is located adjacent and contiguous to an infected zone. See Michigan Laws 287.703
(1) The director may develop, implement, and enforce scientifically based orders. These orders may include requirements for testing, animal or premises identification, record keeping, premovement documentation, or on-farm management practices that must be completed before the movement of animals from any premises within this state, or between premises within this state.
(2) Before issuing an order described in subsection (1), the department shall comply with all of the following to ensure public notice and opportunity for public comment:
(a) The department shall develop scientifically based requirements with advice and consultation from the impacted animal industry and veterinary professionals.
(b) The department shall place the proposed requirements on the commission of agriculture and rural development agenda at least 1 month before final review and issuance of the order by the director. During the 1-month period described in this subdivision, written comments may be submitted to the director and the director shall hold at least 1 public hearing on the order within the affected areas.
(c) The department shall, at least 1 month before implementation of the order, place the proposed requirements in a media channel in each county within the area subject to the proposed requirements and at least 1 media channel having circulation outside of the area.
(3) The director may revise or rescind an order described in subsection (1). A revision or rescission described in this subsection shall comply with the requirements of subsection (2), unless the revision or rescission does not alter the boundary of a previously established zone.
(4) The director may create an order to establish high-risk areas, potential high-risk areas, a disease-free zone, an infected zone, or a surveillance zone based upon the finding of a reportable animal disease or scientifically based epidemiology and may consult with the appropriate state or federal department or agency in creating that order. The director shall notify the commission of agriculture and rural development and the impacted animal industry.
(5) The director may call upon a law enforcement agency to assist in enforcing the director’s quarantines, orders, or any other provision of this act.
(6) If the director considers it a benefit to the health or condition of the animal industry in this state, the director may enter into agreements with the federal government, other state governments, tribal governments, or any other person to protect or enhance the growth of this state’s animal industry or the human food chain.