Michigan Laws 287.709 – Animal affected with reportable disease or contaminated with toxic substance; restrictions on information that identifies owner of an affected animal; notification of certain disease found in cer
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Terms Used In Michigan Laws 287.709
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
- 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
(1) A person that discovers, suspects, or has reason to believe that an animal is either affected by a reportable animal disease or contaminated with a toxic substance shall immediately report that fact, suspicion, or belief to the director. The director shall take appropriate action to investigate the report. A person possessing an animal affected by, or suspected of being affected by, a reportable animal disease or contaminated with a toxic substance shall allow the director to examine the animal or collect diagnostic specimens. The director may enter premises where animals, animal products, or animal feeds are suspected of being contaminated with an infectious disease or a disease caused by a toxic substance and seize or impound the animal products or feed located on the premises. The director may withhold a certain amount of animal products or feed for the purpose of controlled research and testing. A person that knowingly possesses or harbors affected or suspected animals shall not expose other animals to the affected or suspected animals or otherwise move the affected or suspected animals or animals under quarantine except with permission from the director.
(2) A person owning animals shall provide reasonable assistance to the director during the examination and necessary testing procedures.
(3) All of the following apply to any medical or epidemiological information that identifies the owner of an animal and is gathered by the department in connection with the reporting of a discovery, suspicion, or reason to believe that an animal is either affected by a reportable animal disease or contaminated with a toxic substance, or information gathered in connection with an investigation of the reporting of a discovery, suspicion, or reason to believe that an animal is affected by a reportable animal disease or contaminated with a toxic substance:
(a) The information is confidential.
(b) The information is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(c) State employees or contractors are bound by section 2 of 1973 PA 196, MCL 15.342, with respect to the information.
(d) The information is not open to public inspection without the owner’s consent unless 1 of the following applies:
(i) Public inspection is necessary to protect the public health or animal health as determined by the director.
(ii) Public inspection is necessary to protect the public health, as determined by the director of the department of health and human services.
(e) If the information is released to a legislative body, the information shall not contain any information that identifies a specific owner or location.
(4) Notwithstanding any other provision of this act, the state veterinarian shall be notified of a reportable animal disease found in a wild bird, wild animal, game, or protected animal under the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106, or a state or federal fish hatchery. The appropriate resource agency, including, but not limited to, the department of natural resources and the United States Fish and Wildlife Service, shall retain authority over the wild bird, wild animal, game, protected animal, or state or federal fish hatchery.