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| Enrolled House Bill No. 4427 |
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Act No. 190
Public Acts of 2000
Approved by the Governor
June 20, 2000
Filed with the Secretary of State
June 20, 2000
EFFECTIVE DATE: June 1, 2001
STATE OF MICHIGAN
90TH LEGISLATURE
REGULAR SESSION OF 2000
Introduced by Reps. Green, Sheltrown, Julian, Scranton and Rick Johnson
ENROLLED HOUSE BILL No. 4427
AN ACT to define, develop, and regulate privately owned cervidae as an agricultural
enterprise in this state; to provide powers and duties of certain state agencies and
departments; and to provide for certain penalties and remedies.
The People of the State of Michigan enact:
Sec. 1. This act shall be known and may be cited as the "privately owned cervidae
producers marketing act".
Sec. 2. As used in this act:
| (a) |
"Business plan"
means a written document of intent that a person submits to the department that defines
the methods, protocols, or procedures that the person intends on implementing to be in
compliance with this act. |
| (b) |
"Biosecurity"
means measures, actions, or precautions taken to prevent the transmission of disease in,
among, or between free-ranging and privately owned cervidae species. |
| (c) |
"Cervidae livestock
facility" means a privately owned cervidae livestock operation on privately
controlled lands capable of holding cervidae species. |
| (d) |
"Cervidae livestock
operation" means an operation that contains 1 or more privately owned cervidae
species involving the producing, growing, propagating, using, harvesting, transporting,
exporting, importing, or marketing of cervidae species or cervidae products under an
appropriate registration. |
| (e) |
"Cervidae
products" means any products, co-products, or by-products of cervidae, including
antler, antler velvet, meat, or any part of the animal. |
| (f) |
"Cervidae
species" means members of the cervidae family including, but not limited to, deer,
elk, moose, reindeer, and caribou. |
| (g) |
"Department"
means the Michigan department of agriculture. |
| (h) |
"Director"
means the director of the Michigan department of agriculture or his or her designee. |
| (i) |
"Farm" or
"farm operation" means those terms as defined in the Michigan right to farm act,
1981 PA 93, MCL 286.471 to 286.474. |
| (j) |
"Flush" or
"flushed" means to move or chase from a cervidae livestock facility. |
| (k) |
"Identify"
means any documentable system or process that allows a person to recognize as separate or
different an individual animal. |
| (l) |
"Law enforcement
officer" means a person appointed by the state or a local governmental unit who is
responsible for the enforcement of the criminal laws of this state. |
| (m) |
"Owner" means
the person who owns or is responsible for a cervidae livestock operation. |
| (n) |
"Person" means
an individual, corporation, limited liability corporation, partnership, association, joint
venture, or other legal entity. |
| (o) |
"Release" means
to cause an animal to become located outside the perimeter fence of a cervidae livestock
facility not under the direct control of the owner. |
Sec. 3.
(1) The department shall administer this act. The departments of natural resources and
environmental quality shall provide consultation.
(2) The department may conduct activities designed to develop and assist the cervidae
industry in the manner provided for by law.
Sec. 4.
(1) A cervidae livestock operation is an agricultural enterprise and is considered to
be part of the farming and agricultural industry of this state. The director shall assure
that cervidae livestock operations are afforded all rights, privileges, opportunities, and
responsibilities of other agricultural enterprises.
(2) Cervidae livestock operations are a form of agriculture. Cervidae livestock facilities
and their equipment are considered to be agricultural facilities and equipment. Uses
related to the farming of cervidae are considered agricultural uses.
(3) Cervidae products and cervidae species lawfully produced, purchased, possessed, or
acquired from within this state or imported into this state are the exclusive and private
property of the owner.
(4) An owner harvesting privately owned cervidae species from a registered cervidae
livestock facility is exempt from possession limits and closed seasons involving cervidae
imposed in parts 401, 411, and 427 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.40101 to 324.40119, 324.41101 to 324.41105, and 324.42701 to
324.42714. This act does not give a cervidae livestock operation authority to take
free-ranging animals in violation of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.101 to 324.90106, unless under a permit issued by the department
of natural resources.
(5) Any movement, importing, or exporting of cervidae species or cervidae products shall
be in compliance with the animal industry act of 1987, 1988 PA 466, MCL 287.701 to
287.747.
Sec. 5.
(1) A person shall not engage in a cervidae livestock operation unless he or she
obtains from the department a cervidae livestock facility registration or unless otherwise
exempt by rule or law. If the activity in which the cervidae livestock facility is engaged
is required to be regulated under any other act, registration under this act does not
exempt the person or cervidae livestock facility from requirements imposed under any
local, state, or federal regulation. Zoos accredited under the American zoological
association or other accreditations or standards determined appropriate by and acceptable
to the department are exempt from this act.
(2) A person registered under this act shall keep and maintain records of production,
purchases, or imports in order to establish proof of ownership and shall keep any other
records required under standards incorporated by reference under section 6. A person
transporting cervidae species shall produce documentation that contains the origin of
shipment, registration or permit copies or documentation, documentation demonstrating
shipping destination, and any other proof that may be required under the animal industry
act of 1987, 1988 PA 466, MCL 287.701 to 287.747, upon demand of the director or a law
enforcement officer.
(3) A cervidae livestock facility in existence on or before the effective date of this act
is required to obtain a registration under this act not later than January 1, 2003 in
order to continue engaging in a cervidae livestock operation after the effective date of
this act, subject to subsection (4).
(4) A person licensed by the department of natural resources to maintain cervidae species
in captivity under part 427 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.42701 to 324.42714, must obtain a registration under this act upon
the expiration of his or her license or by January 1, 2003, whichever is earlier, in order
to continue to maintain privately owned cervidae species in captivity.
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