Michigan Laws 287.855 – Violations; penalties; enforcement
Current as of: 2023 | Check for updates
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(1) A person who commits 1 or more of the following is guilty of a felony punishable by a fine of not less than $1,000.00 or more than $50,000.00, imprisonment of not more than 5 years, or both, and shall not be eligible to receive any indemnification payments, at the discretion of the director:
(a) Intentionally contaminating or exposing livestock to an infectious, contagious, or toxicological disease for the purpose of receiving indemnification from the state or causing the state to destroy affected livestock.
For details, see Mich. Comp. Laws ch. 777 pt. 2
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 287.855
- 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.
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- 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
(b) Intentionally making a false statement on an application for indemnification or reimbursement from the state.
(c) Intentionally violating a condition of quarantine.
(d) Intentionally importing into this state, without permission from the director, diseased livestock or livestock exposed to an infectious, contagious, or toxicological disease.
(e) Intentionally misrepresenting the health, medical status, or prior treatment for an infectious, contagious, or toxicological disease of livestock to facilitate movement or transfer of ownership to another person.
(2) A person who violates this act or a rule promulgated under this act other than subsection (1) 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.
(3) A person authorized by the director to enforce this act may issue an appearance ticket, as described and authorized by section 9a to 9g of chapter 4 of the code of criminal procedure, Act No. 175 of the Public Acts of 1927, being section 764.9a to 764.9g of the Michigan Compiled Laws, for any violation of this act classified as a misdemeanor.
(4) Notwithstanding the provisions of this act, the department may bring an action to do either 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 who is engaging, or about to engage, in a method, act, or practice that violates this act.