|Article 1||General Administrative Provisions|
Terms Used In Michigan Laws > Chapter 460 > Act 448 of 1976
- 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 CFR part 161, and considered preapproved to perform certain functions of federal and cooperative state/federal programs. See Michigan Laws 287.703.amended
- 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.amended
- 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 287.703.amended
Animal welfare: means the well-being of animals based upon animal husbandry, animal science, and veterinary science practices and standards. See Michigan Laws 287.703.amended 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.amended Aquaculture facility: means that term as defined in the Michigan aquaculture development act, 1996 PA 199, MCL 286. See Michigan Laws 287.703.amended Aquaculture species: means that term as defined in the Michigan aquaculture development act, 1996 PA 199, MCL 286. See Michigan Laws 287.703.amended Carcasses: means the dead bodies of domestic animals. See Michigan Laws 287.703.amended Cattle: means ruminating and nonruminating bovine animals sold for slaughter, ruminating and nonruminating bovine animals produced in this state to be fed for slaughter, and ruminating and nonruminating bovine animals to be fed for slaughter and sold in this state more than 30 days after arrival in this state. See Michigan Laws 287.602 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.amended Commission: means the state beef industry commission. See Michigan Laws 287.602 Contract: A legal written agreement that becomes binding when signed. 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. Department: means the state department of agriculture. See Michigan Laws 287.602 Department: means the department of agriculture and rural development. See Michigan Laws 287.703.amended Devise: To gift property by will. Direct movement: means transfer of animals to a destination without unloading the animals en route. See Michigan Laws 287.703.amended Director: means the director of the state department of agriculture. See Michigan Laws 287.602 Director: means the director of the department or his or her authorized representative. See Michigan Laws 287.703.amended 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.amended Disease free zone: means an area in this state with a defined dimension determined by the director to be free of a specific reportable animal disease. See Michigan Laws 287.703.amended 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.amended 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.amended Fair: means a competition and educational exhibition of agricultural commodities and manufactured products for which premiums may be paid. See Michigan Laws 287.703.amended Felony: A crime carrying a penalty of more than a year in prison. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. 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.amended 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.amended 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.amended 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.amended 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.amended Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Grade: means an animal for which no proof of registration with an appropriate breed registry is provided. See Michigan Laws 287.703.amended 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.amended 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.amended High-risk area: means an area in this state that has a defined dimension determined by the director in which a specific reportable animal disease has been diagnosed in domesticated animals. See Michigan Laws 287.703.amended 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 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.amended 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.amended Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Intrastate movement: means movement from 1 premises to another within this state. See Michigan Laws 287.703.amended 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.amended 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.amended Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC 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.amended Livestock auction market: means a livestock market where livestock is accepted on consignment and the auction method is used in the marketing of consigned livestock as defined in 1937 PA 284, MCL 287. See Michigan Laws 287.703.amended Market agency: means a person, including a producer, who sells, offers for sale, markets, distributes, trades, or processes cattle which have been purchased or acquired from a producer or other, or which is marketed on behalf of a producer, and includes meat packing firms and their agents which purchase or consign to purchase cattle. See Michigan Laws 287.602 Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement. 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 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. National Poultry Improvement Plan: means a plan for the control or eradication of certain poultry diseases that is published in 9 CFR parts 56, 145, 146, and 147. See Michigan Laws 287.703.amended 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.amended 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.amended 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.amended 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.amended 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.amended 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.amended Originate: means the direct movement of animals from a herd or flock of origin. See Michigan Laws 287.703.amended 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 a natural person, partnership, corporation, company, association, society, or trust, or other business unit or organization. See Michigan Laws 287.602 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.amended person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Personal property: All property that is not real property. Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Potential high-risk area: means an area in this state that has a defined dimension determined by the director in which a specific reportable animal disease has been diagnosed in wild animals. See Michigan Laws 287.703.amended 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.amended 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.amended Prior movement permit: means prior documented permission given by the director before intrastate movement of an animal. See Michigan Laws 287.703.amended 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.amended Producer: means a person who raises or feeds cattle for market. See Michigan Laws 287.602 Pullorum-typhoid: means a disease of poultry caused by Salmonella pullorum or Salmonella gallinarum. See Michigan Laws 287.703.amended 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.amended 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.amended Quorum: The number of legislators that must be present to do business. Ratite: means flightless birds having a flat breastbone without the keellike prominence characteristic of most flying birds. See Michigan Laws 287.703.amended Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. 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.amended 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.amended 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.amended 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.amended 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. seal: shall be construed to include any of the following: 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.amended Sow: means a female swine that has farrowed or given birth to or aborted 1 litter or more. See Michigan Laws 287.703.amended 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.amended 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.amended Swine: means any of the ungulate mammals of the family suidae. See Michigan Laws 287.703.amended 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.amended Toxicological disease: means any condition caused by or related to a toxic substance. See Michigan Laws 287.703.amended 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 Venue: The geographical location in which a case is tried. 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.amended 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.amended 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.amended
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3n