Michigan Laws 287.744 – Enforcement of act; criminal and civil actions; felonies; penalty; violation of act or rule as misdemeanor; costs and attorney fees; powers of director; failure to pay fine; civil action and penalties
Current as of: 2023 | Check for updates
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Attorney's Note
Under the Michigan Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| G | up to 5 years |
Terms Used In Michigan Laws 287.744
- 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
- Aquaculture: means the propagation and rearing of aquaculture species on the approved list of aquaculture species under the Michigan aquaculture development act, 1996 PA 199, MCL 286. See Michigan Laws 287.703
- Carcasses: means the dead bodies of domestic animals. See Michigan Laws 287.703
- Conviction: A judgement of guilt against a criminal defendant.
- Dealer: means a person required to be licensed under 1937 PA 284, MCL 287. 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
- Flock: means all of the poultry on 1 premises or, in the discretion of the department, a group of poultry that is segregated from all other poultry on the same premises. See Michigan Laws 287.703
- Garbage: means any animal origin products, including those of poultry and fish origin, or other animal material resulting from the handling, processing, preparation, cooking, or consumption of foods. See Michigan Laws 287.703
- Herd: means an isolated group of livestock maintained on common ground for any purpose, or 2 or more groups of livestock under common ownership or supervision that are geographically separated but that have an interchange or movement of livestock without regard to health status as determined by the director. See Michigan Laws 287.703
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Livestock: means those species of animals used for human food or for fiber or those species of animals used for service to humans. See Michigan Laws 287.703
- Offal: means the waste parts resulting from the processing of animals, poultry, fish, and aquaculture species. See Michigan Laws 287.703
- 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
- Quarantine: means enforced isolation of an animal or group of animals or restriction of movement of an animal or group of animals, equipment, feed and food products, or vehicles to or from any structure, premises, or area of this state, including the entirety of this state, determined by the director. See Michigan Laws 287.703
- Reportable animal disease: means an animal disease on the current reportable animal disease list maintained by the state veterinarian that poses a serious threat to the animal industry, public health, or animal health. See Michigan Laws 287.703
- 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
- Swine: means any of the ungulate mammals of the family suidae. See Michigan Laws 287.703
- Toxicological disease: means any condition caused by or related to a toxic substance. See Michigan Laws 287.703
(1) The director may call upon a law enforcement agency to assist in enforcing this act.
(2) The attorney general may bring a criminal or civil action against a person responsible for unlawfully introducing an infectious or toxicological disease into animals, animal products, or animal feeds in this state.
(3) A person shall not knowingly give false information in a matter pertaining to this act and shall not impede or hinder the director in the discharge of his or her duties under this act.
(4) If a person does not cause an animal or a herd, flock, or aquaculture lot to be tested in compliance with this act, the director shall notify the person responsible for management of the animal or herd of the necessity for testing to occur and the deadline for testing to occur and shall quarantine any animal or herd that has not been tested until the testing can be completed by state or federal regulatory veterinarians or accredited veterinarians, at the owner’s expense.
(5) An animal purchased at a licensed livestock market, collection point, or buying station or by a dealer licensed under 1937 PA 284, MCL 287.121 to 287.131, for the purpose of slaughter must be slaughtered within 5 days after movement of the purchased animal. The buyer of livestock sold for slaughter shall provide upon request of the director verification that the slaughter occurred within 5 days after movement of the purchased animal. Failure of a buyer of livestock sold for slaughter to comply with this subsection subjects that buyer to the penalties and sanctions of this act.
(6) A person shall not expose swine to garbage.
(7) A person shall not use garbage, offal, or carcasses, except in a disease outbreak and with the approval of the director, as feed for swine.
(8) The director has full access to inspect any premises or conveyance upon reasonable grounds to believe or suspect that garbage, offal, or carcasses are being used as feed for swine or that garbage, offal, or carcasses may expose swine to a communicable disease.
(9) The director shall quarantine swine determined to have been exposed to, in contact with, or fed garbage, offal, or carcasses. The quarantine shall continue until such time as the director determines that the swine are not a threat to animal or public health.
(10) A person that commits 1 or more of the following is guilty of a felony punishable by a fine of not less than $1,000.00 and not more than $50,000.00, or imprisonment of not more than 5 years, or both, and shall not receive any indemnification payments at the discretion of the director:
(a) Intentionally contaminating or exposing an animal to an infectious or toxicological disease for the purpose of receiving indemnification from this state or causing this state to destroy affected livestock.
(b) Intentionally making a false statement on an application for indemnification or reimbursement from this state.
(c) Intentionally violating a condition of quarantine, movement restrictions or other requirements authorized under this act.
(d) Intentionally importing into this state, without permission from the director, diseased animals or animals exposed to an infectious or toxicological disease.
(e) Intentionally misrepresenting the health, medical status, or prior treatment for an infectious or toxicological animal disease to facilitate movement or transfer of ownership to another person.
(f) Intentionally infecting or contaminating an animal with, or intentionally exposing an animal to, a reportable animal disease other than for bona fide research as approved by a research institution regulated by a federal agency.
(11) Except as otherwise provided under subsection (10), a person that violates this act, or a rule promulgated under this act, is guilty of a misdemeanor punishable by a fine of not less than $300.00 or imprisonment of not less than 30 days, or both.
(12) The court may allow the department to recover reasonable costs and attorney fees incurred in a prosecution resulting in a conviction for a violation of subsection (10). Costs assessed and recovered under this subsection shall be paid to the state treasury and credited to the department for the enforcement of this act.
(13) Except as otherwise provided in subsection (10), the director, upon finding that a person has violated this act, a rule promulgated under this act, a quarantine authorized under section 12, or movement restrictions and other requirements authorized under section 3b, may do the following:
(a) Issue a warning.
(b) Impose an administrative fine of not more than $1,000.00 for each violation. Upon the request of a person to whom an administrative fine is issued under this subsection, the director shall conduct a hearing under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(c) Issue an appearance ticket as described and authorized by section 9a to 9g of chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.9a to 764.9g, with a fine of not less than $300.00 or imprisonment of not less than 30 days, or both.
(14) The director shall advise the attorney general of the failure of any person to pay an administrative or civil fine imposed under this section. The attorney general shall bring a civil action in a court of competent jurisdiction to recover the fine and costs and fees including attorney fees. Civil penalties and administrative fines collected shall be paid to the state treasury.
(15) The remedies and sanctions under this act are independent and cumulative. The use of a remedy or sanction under this act does not bar other lawful remedies and sanctions and does not limit criminal or civil liability. Notwithstanding the provisions of this act, the department may bring an action to do 1 or more of the following:
(a) Obtain a declaratory judgment that a method, act, or practice is a violation of this act.
(b) Obtain an injunction against a person that is engaging, or about to engage, in a method, act, or practice that violates this act.