State Office of Adminstrative Hearings and Rules
Michigan.gov Home            SOAHR Home  |   Site Map  |   Contact SOAHR
                         DEPARTMENT OF AGRICULTURE

                          ANIMAL INDUSTRY DIVISION

                  REGULATION NO. 119. LIVESTOCK DISEASES


(By authority conferred on the state commission of agriculture by  section  9 
of Act No. 284 of the  Public  Acts  of   1937,   being   S287.129   of   the 
Michigan Compiled Laws)


R  285.119.1   Preventing spread of livestock diseases.
  Rule 1. (1) The department may confer with the owner   or   management   of 
any yarding, premises, or building which is to be used by   such   owner   or 
management for the purpose of selling, trading,   or   delivering   livestock 
and define an area surrounding such premises which shall be  known   as   the 
market zone of said yarding or premises. All livestock  brought   into   such 
market zone and sold or traded shall  be  handled  and   sold   through   the 
facilities of the management of the yarding within such  zone  in  compliance 
with the Michigan state law and regulations of the department.
  (2) Licensed livestock yards shall be provided with  pens   and   buildings 
necessary to reasonably protect any  livestock  handled   from   injury   and 
inclement weather. The pens and buildings shall be of  such  construction  as 
will facilitate cleaning; and shall be regularly cleaned and  kept  free   of 
mud and accumulations of manure and filth. The following provisions  shall be 
complied with:
  (a) Concrete or equally impervious floors shall be installed  in  all  pens 
and alleys in  all  licensed  livestock  yards  and  in   the   loading   and 
unloading areas immediately adjacent to the structure  except   in   licensed 
livestock yards used exclusively for sale of the equine species  according to 
 the  following  schedule:  1/4   or   more   of    the    nonconcreted    or 
nonimpervious area existing on the effective date of this   rule   shall   be 
paved during the calendar year 1963 and each succeeding  year  an  additional 
1/4 or more of the original conconcreted or nonimpervious   area   shall   be 
paved until the total area shall have been  paved  by   December  31,   1966, 
except pens used to house feeder cattle maintained on the  pemises   by   the 
owner for sale shall be exempt from the provision  of   this   section.   Any 
livestock yards licensed for the first time in 1963   or   thereafter   shall 
have concrete or equally impervious floors in all areas as  provided  for  in 
this section.
  (b) All pens, alleys, and dock areas  shall  be  so   constructed   as   to 
facilitate drainage. Water shall not be permitted to accumulate  in  pens, or 
alleys, or on the premises, except in approved lagoons.
  (c) Manure shall not be allowed to accumulate on  the   premises   of   any 
licensed livestock yard for more than 6 days and shall be disposed  of  in  a 
manner not dangerous to the health of livestock.
  (d) The walls of all pens shall be kept clean and free of  accumulations of 
filth.
  (e) The area in front of the unloading dock, for a distance  of  15   feet, 
shall be of concrete or  impervious  material  so  as   to   facilitate   the 
cleaning up of manure and debris from the unloading trucks.
  (f) All auction rings, docks, pens, scales, and alleys  used  for   holding 
livestock shall be thoroughly cleaned after each  sale   and   before   again 
being used to hold or move any livestock. In addition,  auction   rings   and 
pens used to hold animals with an infectious or  contagious   disease   shall 
also be thoroughly disinfected after each sale before   again   being   used, 
with a disinfectant approved by the Michigan department of agriculture.
  (g) All pens used to hold livestock for a period of over  16  hours   shall 
have facilities for feeding and watering such livestock.
  Cattle under 3 months of age shall be removed from the  premises  by   noon 
the day following the sale. Responsibility for the removal  of  such  animals 
shall be on the owner.
  (3) Trucks  or  vehicles  used  by  livestock  dealers   or   brokers   for 
transportation and handling of livestock shall be  properly  constructed   to 
adequately protect livestock handled from injury  and   undue   exposure   to 
inclement weather and shall be regularly cleaned and disinfected  as  may  be 
required. Manure and filth shall not be  allowed  to   accumulate   in   such 
vehicles from day to day. The compartment of  any  vehicle   used   for   the 
transportation of  livestock  affected  with   infectious   or   communicable 
disease or which has been used for the  transportation  of   swine   from   a 
garbage feeding premises or a public livestock yarding   shall   be   cleaned 
and properly disinfected before again loading such  vehicle  with   livestock 
for transportation.
  (4) Any sick or diseased livestock or  livestock  originating   immediately 
from a herd any of the animals of which are affected   with   an   infectious 
disease shall not be sold or disposed of through any  yarding  facilities  as 
referred to herein or moved from such yarding except upon   a   permit   from 
the department or unless delivered direct to a  rendering  establishment  and 
used for rendering purposes. For the  purpose  of  this   rule,   an   animal 
affected with lump jaw (actinomycosis) or  traumatic  pericarditis  (hardware 
disease), or which has recently given birth to young and which is carrying  a 
retained afterbirth, shall be construed as sick or  diseased.   Provided,  an 
animal affected with lump jaw or with  traumatic  pericarditis  may  be  sold 
or removed to and  sold  through  a   yarding   where   federal   and   state 
inspection is daily maintained or to an officially  inspected  packing  plant 
for immediate slaughter upon declaration subject   to   official   veterinary 
inspection. The carcass of such animal shall be handled and  disposed  of  in 
accordance with United States department of   agriculture   meat   inspection 
regulations, now in force and effect. All pens  used   for   confinement   of 
brucellosis reactors, cattle from herds under  quarantine,   or   any   other 
animals with a contagious or infectious disease shall be  so   located   that 
such animals shall travel a minimum of distance to and from  the   dock   and 
sale ring. Such pens shall be of smooth tight siding  construction   and   of 
sufficient height that they will not  permit  the  contact   of   any   other 
livestock. These pens shall be drained in such  a  manner   as   to   prevent 
contamination  of  the  alley.  Pens  used  for   livestock   infected   with 
contagious or infectious diseases shall be properly  identified   and   shall 
not be used to confine any other livestock.
  (5) The owner or management of livestock yardings shall  keep   a   legible 
record of all sales transactions including the  number,  identification,  and 
class of animals offered for sale and the purpose for which  traded  or  sold 
through such yarding, with full  name  and  post  office   address   of   the 
consignor and the name and post office address of the consignee.
  (6) Except upon a permit from the department, swine shall not  be  sold  or 
removed from a public livestock yarding unless  immediately  slaughtered   or 
unless delivered direct to a yarding where  state   or   federal   veterinary 
inspection is daily maintained. Such swine shall not be  allowed  to  contact 
any hogs not used for immediate slaughter or delivery as  indicated  in  this 
rule. For the purpose of this rule, immediate slaughter shall mean  killed or 
delivered at an inspected yarding  as  mentioned  herein  within   72   hours 
following removal from public sales yarding.
  (7) Healthy swine which are not subject  to  quarantine   and   which   are 
within the state and handled in compliance with the  department   rules   and 
Michigan state law may be sold and removed from yardings   referred   to   in 
this rule for purposes other than immediate slaughter  when   unloaded   from 
the vehicles in which delivered directly to  the  vehicles   in   which   the 
swine are removed from the sales premises.
  (8) The director may require that barrows and  gilts   weighing   over   80 
pounds, that have not attained slaughter weight acceptable to  the  buyers of 
swine  for  slaughter  purposes   may   be   assembled   for   sale   through 
livestock auctions under any or all of the following  conditions,  except  as 
provided in subrule (9).
  (a) Provide ample penning facilities under roof for  protection   of   pigs 
from inclement weather.
  (b) Each consignment to  be  separately  penned  until   inspected   by   a 
representative of the Michigan  department  of   agriculture.   Barrows   and 
gilts not inspected must go for immediate slaughter.
  (c) All pens shall have concrete or impervious floors.
  (d) All barrows and gilts sold through such sale premises shall:
  (i) Not exhibit abnormal temperature or show symptoms of  a  contagious  or 
infectious disease.
  (ii) Be vaccinated  immediately  for  hog  cholera   in   accordance   with 
methods  recognized  by  the  Michigan  department   of   agriculture,    and 
identified by a button or tag in the ear and a  certificate  of   vaccination 
issued showing the type of vaccination used, before removal of farms.
  Barrows and gilts offered for sale which are claimed to be  immune  to  hog 
cholera  shall  be  individually  identified  by  a  button   or   tag    and 
accompanied by a vaccination certificate.  Swine  not   so   identified   and 
accompanied by a certificate  of  vaccination  shall   be   revaccinated   in 
accordance with the provisions as outlined in (b) above.
  (iii) Be vaccinated  by  erysipelas  with  a  vaccine   approved   by   the 
Michigan department of agriculture before removal to farms.
  (e) Vaccination certificates will be retained by purchaser.
  (f) Swine shall not emanate from garbage feeding premises.
  (g)  Swine  shall  be  sprayed  with   lindane   or    benzene/hexachloride 
containing a cresylic compound or  some  other   approved   material   before 
being moved to the farm of the purchaser and said spraying   shall   be   the 
responsibility of the auction sale.
  (h) All trucks or other conveyances bringing swine to  or  removing   swine 
from said sale premises shall be free of any accumulated  filth,  litter,  or 
manure.
  (i) Each such sale premise shall:
  (i) Have an adequate supply of available water.
  (ii) Have adequate and suitable sewer or drainage  to   accommodate   waste 
water used to wash and clean pens and alleys.
  (j) All such swine sold must be removed within 24 hours after said sale.
  (k) Swine sold as prescribed above will be held in quarantine  21  days  on 
the buyer's premises, and shall be held separate and apart  from  all   other 
swine.
  (l) All pens used for barrows and  gilts  and  the  sale   ring   must   be 
thoroughly cleaned and disinfected after each sale.
  (m) All premises will be inspected  and  approved  by   the   director   of 
agriculture or his representative, and a permit issued to  sell   or   remove 
barrows and gilts in accordance  with  requirements   established   in   this 
rule.
  (n) The entry for sale and certificate of inspection of such swine shall be 
made upon blanks prescribed or approved by the department.
  (9) The director may issue a  permit  for  swine  to   be   assembled   and 
grouped for sale as feeding or breeding swine when  facilities  are  provided 
separate and apart from any slaughter hogs, and these  facilities   and   the 
methods of operation and management  practices  have   been   inspected   and 
approved by the director of agriculture or his authorized representatives.
The director may subject swine to all or part of subrule (8) when he deems it 
necessary to prevent the spread of a communicable disease of livestock.

  History:  1979 AC.








 


Michigan.gov Home   |  DELEG  |  Contact  |  State Web Sites | Site Map
Privacy Policy  |  Link Policy  |  Accessibility Policy  |  Security Policy
Copyright © 2001-2010 State of Michigan