Agriculture and Rural Development - Animal Industry Division - Animal Industry


Published: 1994

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DEPARTMENT OF AGRICULTURE

ANIMAL INDUSTRY DIVISION

ANIMAL INDUSTRY

(By authority conferred on the department of agriculture by section 45 of Act No. 466 of

the Public Acts of 1988, as amended, being S287.745 of the Michigan Compiled Laws)

R 287.701 Definitions.

Rule 1. As used in these rules:

(a) "Act" means Act No. 466 of the Public Acts of 1988, as amended, being

S287.701 et seq. of the Michigan Compiled Laws.

(b) "Cattle importation lot" means a premises used only to feed, in preparation for

slaughter, non-native cattle that are capable of reproduction that do not meet the

importation requirements for breeding and dairy purposes. Livestock confined to a

cattle importation lot are not eligible to achieve native status.

(c) "Commingle" means concurrently or subsequently sharing or subsequent use by

native livestock of the same pen or pens or same section or sections in a facility or

same section or sections in a transportation unit or units where there is physical

contact with other livestock or contact with bodily excrements or fluids from other

livestock.

(d) "Department" means the Michigan department of agriculture.

(e) "EIA" means equine infectious anemia.

(f) "Official (vaccination) ear tag" means an ear tag that conforms to the 9 character

alpha-numeric national uniform ear-tagging system.

(g) "USDA" means the United States department of agriculture.

(h) "USDA, APHIS, VS" means the United States department of agriculture, animal and

plant health inspection service, veterinary services.

History: 1994 AACS.

R 287.702 Indemnification of livestock.

Rule 2. (1) The director may order the slaughter, destruction, or disposition of

livestock to control or eradicate livestock disease or toxicological contamination or

to protect public health.

(2) An owner of livestock that are ordered slaughtered, destroyed, or disposed of due

to diseases or toxicological contamination may apply for indemnification within the

limits described in section 14 of the act. The application shall be made on forms

supplied by the department and the application shall be filed with the department.

All of the following information shall accompany the application:

(a) An affidavit signed by the owner attesting to the amount of compensation

received or to be received from any other source for the livestock ordered

slaughtered, destroyed, or disposed of.

(b) All records that indicate other sources of indemnity.

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(c) Registration papers.

(d) Names and addresses of all persons to whom or from whom the owner has

transferred animals within a time period determined by the director.

(e) Signed permission allowing the breed association or associations to disclose

information requested by the director.

(f) An executed and signed subrogation agreement assigning to the state the ownership

of a cause of action to recover damages for the loss up to the amount of

indemnification paid to the owner pursuant to the act.

History: 1994 AACS.

R 287.703 Importation, distribution, and use of veterinary biologicals.

Rule 3. (1) Any person, agency, or company that desires to import into this state or to

distribute intrastate, for experimental or field trial use, any veterinary biological

that is not conditionally or unconditionally licensed by the USDA shall request

and obtain permission from the director to do so.

(2) All of the following information is required when requesting permission to

distribute, in this state, veterinary biologicals which are conditionally or

unconditionally licensed by the USDA or which have import permits for distribution

and sale issued by the USDA.

(a) A copy of the current USDA license.

(b) Any restrictions set forth by the USDA.

(c) A complete product name--generic and trade.

(d) Product information, including directions for use.

(e) Slaughter withdrawal times, if applicable.

(3) Veterinary biologicals for experimental or field trial purposes shall be shipped

only to veterinarians. Veterinary biologicals for experimental or field trial

purposes shall be used only by the veterinarians to whom the product is shipped or

by individuals who are under the direct supervision of the veterinarians to whom the

product is shipped.

(4) A report of each requested shipment shall be made to the department by the person,

agency, or company consigning, shipping, or transporting veterinary biologicals for

experimental or field trial purposes into or within this state. The report shall be filed

with the department within 5 working days of the shipment. The report shall

contain all of the following information:

(a) The quantity consigned, shipped, or transported.

(b) The expiration date of the product.

(c) The complete name of the veterinary biological.

(d) The name and address of the recipient veterinarian.

(5) Any person, agency, or company that requests permission to import or distribute

intrastate a veterinary biological to be administered for experimental or field trial

purposes to animals owned by the public shall submit, to the department, a written

statement which shall be given to the owner of the animals before the

administration, prescription, or distribution of the veterinary biological and which

states both of the following:

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(a) That the veterinary biological to be administered, prescribed, or dispensed to an

animal or animals is an experimental or field trial veterinary biological.

(b) That the veterinary biological has not been approved by the USDA or the department

for unconditional distribution or use.

(6) Any person, agency, or company that requests permission to import or distribute

intrastate a veterinary biological for experimental or field trial purposes shall not hold

the department responsible for any liability or injury to humans or animals or for loss of

any animals.

(7) Any person, agency, or company that requests permission to import or distribute

intrastate a veterinary biological for experimental or field trial purposes shall report

any adverse reactions to the department within 5 working days.

(8) Determination of distribution of veterinary biologicals for experimental or

field trial purposes shall be based upon, but not limited to, the following criteria:

(a) Need for the product by the animal industry.

(b) Safety of the product for the target animal species.

(c) Safety of the product for the person or persons who administer the biological.

(d) Safety of the human food chain when the veterinary biological is used in food-

producing animals.

(9) The director may limit the distribution of a veterinary biological for experimental

or field trial purposes to certain geographical areas within this state and for specific

time periods.

(10) The director may at any time revoke permission to distribute veterinary

biologicals for experimental or field trial purposes.

History: 1994 AACS.

R 287.704 Prevention of certain reportable contagious diseases in animals.

Rule 4. To prevent the spread of certain contagious and infectious reportable

diseases among animals, the director may require that a vehicle used to transport

animals that are confirmed to be affected by a contagious or infectious reportable

disease be thoroughly cleaned and disinfected in an approved manner with a

disinfectant approved by the department before the vehicle is again used for any

purpose.

History: 1994 AACS.

R 287.705 Public exhibition of livestock.

Rule 5. (1) Livestock that have a known exposure to, or that show clinical signs

of, infectious, contagious, or toxicological disease, as determined by a veterinarian,

shall not be displayed or housed at an exhibition, exposition, or fair unless

permission to do so is granted by the director.

(2) The exhibition, exposition, or fair authority is responsible for ensuring that the

livestock are removed from the premises.

History: 1994 AACS.

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R 287.706 Tuberculosis and brucellosis testing of livestock.

Rule 6. (1) Tuberculosis and brucellosis testing of livestock shall be conducted only

by accredited veterinarians.

(2) Any veterinarian who conducts, within this state, a tuberculin test or a brucellosis

test on any livestock, except poultry, shall individually identify each animal tested by

an USDA, APHIS, VS official ear tag, an ear tattoo number for registered livestock

only, or a method approved by the director. The tag shall be inserted in the right ear,

unless some physical problem precludes use of the right ear.

(3) A complete record of the test shall be accurately completed on forms provided by

the department and shall be filed with the department within 5 working days after

completion of the test.

History: 1994 AACS.

R 287.707 Official brucellosis calfhood vaccinate.

Rule 7. (1) Only an accredited veterinarian may brucellosis vaccinate a calf and tattoo a

calf with the United States registered shield.

(2) Only an approved brucella veterinary biological, at a dosage that is approved by the

USDA and the department, shall be administered.

(3) Only female cattle that are between the ages of 4 and 8 months (120 to 269 days)

may be brucellosis vaccinated.

(4) All calves officially vaccinated in accordance with the provisions of section 42(1),

(2), (3), (4), and (5) of the act shall be individually identified at the time of

vaccination by an official vaccination ear tag placed in the right ear, unless some

physical problem precludes use of the right ear. If the animal is already identified with

an official ear tag before vaccination, an additional official ear tag is not required.

A legible identification tattoo that is placed in the right ear of a calf may be used in

place of an official vaccination ear tag. The calf and tattoo shall be recognized by an

organized breed registry. The identification tattoo shall be recorded on the official

brucellosis vaccination certificate and the calf shall be designated as a purebred

animal.

(5) A calf that is officially vaccinated in accordance with the provisions of

section 42(1), (2), (3), (4), and (5) of the act shall be tattooed with the United States

registered shield in the right ear at the

time of vaccination. The tattoo shall show the quarter of the year and the year in which

the calf was vaccinated. The first quarter of the year (January, February, March)

shall be designated by the number 1; the second quarter (April, May, June) by the

number 2; the third quarter (July, August, September) by the number 3; and the

fourth quarter (October, November, December) by the number4. The year shall be

designated by the last digit of the year. The letter "V" surrounded by a United

States registered shield shall be placed between the numbers or letters

designating the quarter of the year and the year in which the calf was vaccinated.

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(6) An accredited veterinarian who vaccinates a female calf for brucellosis shall

submit the official brucellosis vaccination certificate to the department within 10

working days after the vaccination is administered.

History: 1994 AACS.

R 287.708 Pullorum testing of poultry for exhibition, expositions, or fairs.

Rule 8. (1) Poultry that requires a negative pullorum test status for exhibition,

expositions, or fairs, as determined by the national poultry improvement plan, shall be

accompanied by proof of current negative pullorum test status or, upon arrival, be

immediately tested to be pullorum negative before caging at the exhibition,

exposition, or fair.

(2) At poultry exhibitions, expositions, or fairs that conduct the sale of live poultry, the

seller is responsible for providing current pullorum test documentation before a

purchaser removes the poultry from the exhibition, exposition, or fair.

(3) Any of the following may be used as proof of current pullorum test status:

(a) Hatchery source documents.

(b) Entire flock or bird test reports.

(c) USDA, APHIS, VS form 9-2.

(d) USDA, APHIS, VS form 9-3.

(e) The department's official avian test record, AI-013.

(4) A statement that is signed by the owner shall be provided for each entry and shall

state that the poultry presented are the same poultry identified on the pullorum test

documents and that, since their most recent negative pullorum test, the poultry have

not been in contact with, or exposed to, other poultry that have not tested pullorum

negative.

History: 1994 AACS.

R 287.709 Prevention and suppression of tuberculosis in poultry.

Rule 9. (1) If tuberculous infected poultry, confirmed by histopathology or culture, are

found in any flock, the entire flock may be considered as infected.

(2) An owner of tuberculous infected poultry shall handle and dispose of his or her

flock in a manner approved by the director.

(3) Poultry houses, facilities, and premises that have housed tuberculous

poultry shall be thoroughly cleaned and disinfected by the owner or agent, under the

supervision of the director, immediately after disposition of the diseased flock.

(4) The director may allow for the use of a USDA-approved tuberculin test for the

purpose of freeing the flock from infection.

(5) Poultry from infected flocks shall not be disposed of without permission from

the director.

History: 1994 AACS.

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R 287.710 Rescinded.

History: 1994 AACS; 2013 AACS.

R 287.711 Public stockyards, auction sale yards, and livestock yards.

Rule 11. (1) Cattle not native to this state may be sold through livestock auctions,

as defined and licensed pursuant to the provisions of Act No. 284 of the Public Acts of

1937, as amended, being S287.121 et seq. of the Michigan Compiled Laws, to any

premises in the state if the cattle meet all of the following requirements:

(a) The cattle shall be individually uniquely identified.

(b) The cattle shall have a prior entry permit.

(c) The cattle shall be accompanied by an official interstate health certificate or

official interstate certificate of veterinary inspection.

(d) The cattle shall originate directly from a state that is declared free of bovine

brucellosis for the last 6 years by the USDA.

(e) The cattle shall originate directly from a state that is declared free of bovine

tuberculosis by the USDA.

(2) Nonnative cattle which are capable of reproduction and which do not meet all of

the requirements specified in subrule (1) of this rule may be sold at a livestock auction

in this state as defined and licensed pursuant to the provisions of Act No. 284 of the

Public Acts of 1937, as amended, being

S287.121 et seq. of the Michigan Compiled Laws, if the cattle meet all of the following

requirements:

(a) The cattle shall be individually uniquely identified.

(b) The cattle shall have a prior entry permit.

(c) The cattle shall be accompanied by an official interstate health certificate or an

official interstate certificate of veterinary inspection.

(d) The consignor shall receive permission from the director to move the cattle to the

livestock auction and shall inform the livestock auction manager that the cattle are

nonnative cattle.

(e) The cattle shall be sold only for slaughter or to a cattle importation lot.

(f) While in the livestock auction facility, the cattle shall not be commingled with

other livestock.

(3) Upon request by the director, notification of the purchaser's name or names and the

destination or destinations of nonnative cattle which are capable of reproduction and

which are sold through a livestock auction shall be made available to the

department within 6 working days. Notification shall include all of the following

information:

(a) The complete name or names of the purchaser or purchasers.

(b) The complete address or addresses of the purchaser or purchasers.

(c) The date of the purchase or purchases.

(d) The breed.

(e) The number of head.

(f) The destination address or addresses if different from the purchaser's address

or addresses.

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History: 1994 AACS.

R 287.712 Cattle importation lots.

Rule 12. (1) Cattle importation lots shall be registered with the department on an

application form provided by the department.

(2) A cattle importation lot may be a designated lot, parcel, pasture, premises,

facility, or confined area.

(3) Registration shall not be issued unless the importation lot has been inspected by

the director and found to meet all of the following requirements:

(a) A cattle importation lot shall be constructed and operated to prohibit cattle in

the importation lot from making contact with, or disseminating a contagious or

infectious disease to, livestock other than cattle in the importation lot.

(b) Livestock other than cattle in the importation lot shall not have access to manure

or other waste material from the cattle importation lot.

(c) Drainage from a cattle importation lot shall not be permitted to flow into areas

accessible to livestock other than cattle in the importation lot.

(d) A cattle importation lot shall be maintained in a condition free from the

excessive accumulation of manure or waste material.

(4) Cattle which are capable of reproduction, which originate directly from states that

are not declared free of bovine brucellosis for the last 6 years by the USDA or which

originate directly from states that are not declared free of bovine tuberculosis by the

USDA, and which do not go directly to slaughter shall be placed in an importation

lot.

(5) Cattle which are capable of reproduction and which are imported into this state

shall be accompanied by both of the following:

(a) An official interstate health certificate or official interstate certificate of

veterinary inspection, which shall be given to the consignee at the point of

destination.

(b) A prior entry permit.

(6) Nonnative cattle which are capable of reproduction and which enter this state

shall be individually uniquely identified on the official interstate health certificate

or official interstate certificate of veterinary inspection. The individual unique

identification shall be either of the following:

(a) A USDA, APHIS, VS official ear tag.

(b) A USDA, APHIS, VS-approved backtag.

(7) Within 10 working days after importation into this state, cattle which are

capable of reproduction and which have been individually uniquely identified with

a USDA, APHIS, VS-approved backtag shall be permanently identified with an

official ear tag.

(8) The official ear tag shall be recorded by the consignee at the point of destination on

the official interstate health certificate or official certificate of veterinary inspection.

The recording shall be done in a manner so that cattle which are imported into this

state and which are identified by a USDA, APHIS, VS-approved backtag will

correspond to the USDA, APHIS, VS official ear tag.

(9) The consignee shall forward to the department, within 10 working days after the

importation into this state of cattle that are capable of reproduction, a copy of the

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official interstate health certificate or official certificate of veterinary inspection

indicating that each animal is individually uniquely identified by a USDA, APHIS, VS

official ear tag.

(10) A copy of the official interstate health certificate or official certificate of

veterinary inspection shall be kept filed in the records of the consignee at the point of

destination of the cattle until the cattle have been sent to slaughter or have died.

(11) The consignee of imported cattle that are capable of reproduction shall not

remove any existing USDA, APHIS, VS official ear tags that are on the cattle at the

time of importation into this state.

(12) The existing USDA, APHIS, VS official ear tags may be used as the required

permanent identification, or the consignee at the point of destination shall comply

with the requirement for permanent identification by placing a second USDA, APHIS,

VS official ear tag in ears of cattle which are capable of reproduction and which are

imported into this state.The official ear tags shall be recorded on the official interstate

health certificate or official certificate of veterinary inspection as prescribed in these

rules.

(13) If a female bovine gives birth while in a cattle importation lot, the calf shall not

leave the importation lot and shall go only directly to slaughter, unless permission is

granted by the director to move the calf to another premises.

(14) Aborted fetuses in an importation lot shall be disposed of in compliance with the

provisions of section 57 of Act No. 328 of the Public Acts of 1931, as amended, being

S750.57 of the Michigan Compiled Laws.

(15) Nonnative cattle which are capable of reproduction and which are kept in

importation lots may move from an importation lot only as follows:

(a) Directly to another importation lot by direct private sale.

(b) To another importation lot through livestock auction sales if the cattle do not

commingle with other livestock in the livestock auction market.

(c) To slaughter by direct shipment.

(d) To slaughter through a livestock auction sale if the cattle do not commingle with

other livestock in the livestock auction market.

(16) Records shall be maintained in an orderly and current manner and be available

for the director to inspect at any time.

(17) The director has the authority to inspect the records of any cattle importation lot

at any time to determine the origin of any cattle handled by the cattle importation lot.

(18) Importation lot records shall include all of the following information:

(a) Individual unique identification of cattle that are capable of reproduction.

(b) The date individual cattle were purchased.

(c) The complete name or names and address or addresses of the individual or

individuals from whom the cattle were purchased.

(d) The complete street address or addresses of the premises from which the cattle

originated.

(e) The complete name and street address of the slaughterhouse or person to whom the

cattle are sold.

History: 1994 AACS.

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R 287.713 Identification of swine in livestock auctions or collection points.

Rule 13. All swine presented to a livestock auction or collection point that is licensed

pursuant to the provisions of Act No. 284 of the Public Acts of 1937, as amended,

being S287.121 et seq. of the Michigan Compiled Laws shall be considered to have

entered interstate commerce and shall be identified before sorting in accordance with

the provisions specified in 9 C.F.R. part 71 and all amendments adopted as of the

effective date of these rules.

History: 1994 AACS.

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