Michigan Laws > Chapter 287 > Act 466 of 1988 – Animal Industry Act
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Terms Used In Michigan Laws > Chapter 287 > Act 466 of 1988 - Animal Industry Act
- Accredited veterinarian: means a veterinarian approved by the administrator of the United States Department of Agriculture, Animal and Plant Health Inspection Service in accordance with 9 C. See Michigan Laws 287.703
- Administrator: means the director of the department or his or her designated representative. See Michigan Laws 450.4102
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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
- Animal movement certificate: means animal movement authorization established in a manner approved and issued by the director that contains, at a minimum, the following information regarding animals or an animal:
(i) The point of origin and point of destination. See Michigan Laws 287.703Animal welfare: means the well-being of animals based upon animal husbandry, animal science, and veterinary science practices and standards. See Michigan Laws 287.703 Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appraisal: A determination of property value. Approved laboratory: means a state, federal, or private veterinary diagnostic laboratory approved by the United States Department of Agriculture, Animal and Plant Health Inspection Service, veterinary services, to conduct approved official laboratory tests for a specific reportable animal disease. 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 Aquaculture facility: means that term as defined in the Michigan aquaculture development act, 1996 PA 199, MCL 286. See Michigan Laws 287.703 Aquaculture lot: means a group of aquatic animals that share approximately the same risk of exposure to a pathogenic agent or toxin within a defined location due to common management or sharing a common aquatic environment. See Michigan Laws 287.703 Aquaculture species: means that term as defined in the Michigan aquaculture development act, 1996 PA 199, MCL 286. See Michigan Laws 287.703 Articles of organization: means the original documents filed to organize a limited liability company, as amended or restated by certificates of correction, amendment, or merger, by restated articles, or by other instruments filed or issued under any statute. See Michigan Laws 450.4102 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Autogenous veterinary biological: means all bacteria, viruses, serums, toxins, or analogous products from a specific herd that are custom-made with herd-specific antigens. See Michigan Laws 287.703 Carcasses: means the dead bodies of domestic animals. See Michigan Laws 287.703 Cattle: means all bovine (genus bos) animals, bovinelike animals (genus bison) also commonly referred to as American buffalo or bison, and any cross of these species unless otherwise specifically provided. See Michigan Laws 287.703 Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes. Commingling: means concurrently or subsequently sharing or subsequent use by livestock or other domestic animals of the same pen or same section in a facility or same section in a transportation unit where there is physical contact or contact with bodily excrements, aerosols, or fluids from other livestock or domestic animals. See Michigan Laws 287.703 Consignee: means a person receiving animals at the point of destination named on an official interstate or intrastate health certificate, official interstate certificate of veterinary inspection or animal movement certificate, entry authorization form, fish disease inspection report, owner-shipper statement, or sales invoice. See Michigan Laws 287.703 Consignor: means a person moving animals from a point of origin named on an official interstate or intrastate health certificate, official interstate certificate of veterinary inspection or animal movement certificate, entry authorization form, fish disease inspection report, owner-shipper statement, or sales invoice. See Michigan Laws 287.703 Constituent: means a party to a plan of merger, including the survivor. See Michigan Laws 450.4102 Contribution: means anything of value that a person contributes to the limited liability company as a prerequisite for, or in connection with, membership, including cash, property, services performed, or a promissory note or other binding obligation to contribute cash or property, or to perform services. See Michigan Laws 450.4102 Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dealer: means a person required to be licensed under 1937 PA 284, MCL 287. See Michigan Laws 287.703 Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the department of agriculture and rural development. See Michigan Laws 287.703 Direct movement: means transfer of animals to a destination without unloading the animals en route. See Michigan Laws 287.703 Director: means the director of the department or his or her authorized representative. See Michigan Laws 287.703 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. 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 Distribute: means to deliver other than by administering or dispensing a veterinary biological. See Michigan Laws 287.703 Distribution: means a direct or indirect transfer of money or other property or the incurrence of indebtedness by a limited liability company to or for the benefit of its members or assignees of its members in respect of the members' membership interests. See Michigan Laws 450.4102 Domestic animal: means a species of animal that lives under the husbandry of humans. See Michigan Laws 287.703 domestic limited liability company: means an entity that is an unincorporated membership organization formed under this act. See Michigan Laws 450.4102 domestic limited partnership: means a limited partnership formed under the Michigan revised uniform limited partnership act, 1982 PA 213, MCL 449. See Michigan Laws 450.4102 Equidae: means all animals of the equine family and includes horses, asses, jacks, jennies, hinnies, mules, donkeys, burros, ponies, and zebras. See Michigan Laws 287.703 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Exhibition facility: means a facility used or intended to be used for public view, show, display, swap, exchange, entertainment, advertisement, educational event, or competition involving animals. See Michigan Laws 287.703 Exhibition or exposition: means a congregation, gathering, or collection of animals that are presented or exposed to public view for show, display, swap, exchange, entertainment, educational event, instruction, advertising, or competition. See Michigan Laws 287.703 Exhibitor: means a person that presents an animal for public display, exhibition, or competition or enters an animal in a fair, show, exhibition, or exposition. See Michigan Laws 287.703 Exotic animal: means a species of animal that is not native to the United States. See Michigan Laws 287.703 Fair: means a competition and educational exhibition of agricultural commodities and manufactured products for which premiums may be paid. See Michigan Laws 287.703 Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Feral swine: means swine that have lived their life or any part of their life as free roaming. See Michigan Laws 287.703 Fish disease inspection report: means a document prepared by a fish health laboratory approved by the director, a veterinarian, or a fish health official giving evidence of inspections and diagnostic work performed. See Michigan Laws 287.703 Fish health official: means a veterinarian or a fish health specialist approved by the director who is responsible for conducting aquaculture facility inspections and issuing fish disease inspection reports. 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 Foreign limited liability company: means a limited liability company formed under laws other than the laws of this state. See Michigan Laws 450.4102 Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC 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 Genetically engineered: refers to an organism whose genome, chromosomal or extrachromosomal, is modified permanently and heritably using recombinant nucleic acid techniques, or the progeny thereof. 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 Herd or flock of origin: means any herd or flock in which animals are born and remain until movement or any herd or flock in which animals remain for at least 30 days immediately following direct movement into the herd or flock from another herd or flock. See Michigan Laws 287.703 in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q 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 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 Infectious disease: means a disorder caused by an organism, including, but not limited to, a bacteria, virus, fungus, parasite, prion, or analogous organism, and that can be directly or indirectly passed from animal to animal. See Michigan Laws 287.703 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes. interest: means a member's rights in the limited liability company, including, but not limited to, any right to receive distributions of the limited liability company's assets and any right to vote or participate in management. See Michigan Laws 450.4102 Intrastate movement: means movement from 1 premises to another within this state. See Michigan Laws 287.703 Isolated: means the physical separation of animals by a physical barrier or geographical distance in such a manner that other animals do not have access to the isolated animals' bodies, excrement, aerosols, or discharges, as approved by the director. See Michigan Laws 287.703 Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants. 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 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. 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 Majority in interest: means a majority of votes as allocated by an operating agreement, or by the statute in the absence of an allocation by operating agreement, and held by members entitled to vote on a matter submitted for a vote by members. See Michigan Laws 450.4102 managers: means a person or persons designated to manage the limited liability company pursuant to a provision in the articles of organization stating that the business is to be managed by or under the authority of managers. See Michigan Laws 450.4102 Member: means a person that has been admitted to a limited liability company as provided in section 501, or, in the case of a foreign limited liability company, a person that is a member of the foreign limited liability company in accordance with the laws under which the foreign limited liability company is organized. See Michigan Laws 450.4102 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 National Poultry Improvement Plan: means a plan for the control or eradication of certain poultry diseases that is published in 9 C. See Michigan Laws 287.703 Native: means an animal born and raised in this state, or legally imported into this state and having complied with entry requirements prescribed by the director, and having been maintained in this state for at least 30 days. See Michigan Laws 287.703 New world camelids: means animals belonging to the genus llama and vicuna of the family camelidae of the order artiodactyla including, but not limited to, the llama, alpaca, vicuna, and guanaco. See Michigan Laws 287.703 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Offal: means the waste parts resulting from the processing of animals, poultry, fish, and aquaculture species. See Michigan Laws 287.703 Official identification: means an identification ear tag, tattoo, electronic identification, or other identification approved by the United States Department of Agriculture or the department. See Michigan Laws 287.703 official interstate certificate of veterinary inspection: means a form in paper or electronic format approved by the director with a unique identifier that documents the information required under section 20 and that is issued for animals that are being imported to or exported from this state not more than 30 days prior to the importation or exportation of those animals. See Michigan Laws 287.703 official intrastate certificate of veterinary inspection: means a form in paper or electronic format approved by the director with a unique identifier that documents the information required under section 20 and that is issued for animals that are being moved within this state not more than 30 days prior to the movement of those animals. See Michigan Laws 287.703 Official test: means a sample of specific material collected from an animal with official identification by an accredited veterinarian, state or federal veterinary medical officer, or other person authorized by the director and analyzed by a laboratory certified by the United States Department of Agriculture or the department to conduct the test, or a diagnostic injection administered and analyzed by an accredited veterinarian or a state or federal veterinary medical officer. See Michigan Laws 287.703 Official vaccination: means a vaccination that the director has designated for a reportable animal disease, administered by an accredited veterinarian or a state or federal veterinary medical officer, and documented on a form supplied by the department. See Michigan Laws 287.703 Operating agreement: means a written agreement by the member of a limited liability company that has 1 member, or between all of the members of a limited liability company that has more than 1 member, pertaining to the affairs of the limited liability company and the conduct of its business. See Michigan Laws 450.4102 Originate: means the direct movement of animals from a herd or flock of origin. See Michigan Laws 287.703 Oversight: Committee review of the activities of a Federal agency or program. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. 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 Person: means an individual, partnership, limited liability company, trust, custodian, estate, association, corporation, nonprofit corporation, governmental entity, or any other legal entity. See Michigan Laws 450.4102 Personal property: All property that is not real property. Plaintiff: The person who files the complaint in a civil lawsuit. Poultry: means , but is not limited to, chickens, guinea fowl, turkeys, waterfowl, pigeons, doves, peafowl, and game birds that are propagated and maintained under the husbandry of humans. See Michigan Laws 287.703 Prior entry permit: means a code that is obtained from the department for specific species of animals imported into this state that is recorded on the official interstate health certificate, official interstate certificate of veterinary inspection, or fish disease inspection report before entry into this state. See Michigan Laws 287.703 Prior movement permit: means prior documented permission given by the director before intrastate movement of an animal. See Michigan Laws 287.703 Privately owned cervid: means all species of the cervid family including, but not limited to, deer, elk, moose, and all other members of the family cervidae propagated and maintained under the husbandry of humans for the production of meat and other agricultural products, sport, exhibition, or any other purpose approved by the director. See Michigan Laws 287.703 Pullorum-typhoid: means a disease of poultry caused by Salmonella pullorum or Salmonella gallinarum. See Michigan Laws 287.703 Pullorum-typhoid clean flock: means a flock that receives and maintains this status by fulfilling the requirements prescribed in the National Poultry Improvement Plan. 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 Ratite: means flightless birds having a flat breastbone without the keellike prominence characteristic of most flying birds. See Michigan Laws 287.703 Reasonable assistance: means safely controlling an animal by corralling, stabling, kenneling, holding, tying, chemically restraining, or confining by halter or leash or crowding the animal in a safe and sensible manner so an examination or testing procedure considered necessary by the director can be performed. See Michigan Laws 287.703 Recombinant nucleic acid techniques: means laboratory techniques through which genetic material is isolated and manipulated in vitro and then inserted into an organism. See Michigan Laws 287.703 Rendered products: means waste material derived in whole or in part from meat of an animal or other animal material and other refuse of any character that has been associated with any such material at any time during the handling, preparation, cooking, or consumption of food that has been ground and heat-treated to a minimum temperature of 170 degrees Fahrenheit for a minimum of 30 minutes to make products including, but not limited to, animal protein meal, poultry protein meal, fish protein meal, grease, or tallow. 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 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. Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nService of process: The service of writs or summonses to the appropriate party. Slaughter premises: means all facilities, buildings, structures, including all immediate grounds where slaughtering occurs under federal or state inspection, or otherwise authorized by the director. See Michigan Laws 287.703 Sow: means a female swine that has farrowed or given birth to or aborted 1 litter or more. 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 State veterinarian: means the chief animal health official of this state as appointed by the director under section 7, or his or her authorized representative. See Michigan Laws 287.703 Statute: A law passed by a legislature. 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 survivor: means the constituent that survives a merger, as identified in the certificate of merger. See Michigan Laws 450.4102 Swine: means any of the ungulate mammals of the family suidae. See Michigan Laws 287.703 Toxic substance: means a natural or synthetic chemical or radiologic material in concentrations that alone or in combination with other natural or synthetic chemicals presents a threat to the health, safety, or welfare of human or animal life or that has the capacity to produce injury or illness through ingestion, inhalation, or absorption through the body surface. See Michigan Laws 287.703 Toxicological disease: means any condition caused by or related to a toxic substance. See Michigan Laws 287.703 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. United States: shall be construed to include the district and territories. See Michigan Laws 8.3o Veterinarian: means a person licensed to practice veterinary medicine under article 15 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 287.703 Veterinary biological: means all bacteria, viruses, serums, toxins, and analogous products of natural or synthetic origin, or products prepared from any type of genetic engineering, such as diagnostics, antitoxins, vaccines, live microorganisms, killed microorganisms, or the antigenic or immunizing components of microorganisms intended for use in the diagnosis, treatment, or prevention of diseases in animals. See Michigan Laws 287.703 Vote: means an affirmative vote, approval, or consent. See Michigan Laws 450.4102 Wild animal: means that term as defined in section 43508 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 287.703