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.
  (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:
  (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.


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 number 4. 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.
  (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.


R  287.710   Equine infectious anemia.
  Rule 10. (1) Equine that test positive to an official EIA  test  and  their 
herd of immediate origin shall be quarantined by the director.
  (2) Equine that test positive to an official EIA test  may,  with  approval 
from the director, be moved and  quarantined  to  a  premises   that   is   a 
minimum of 1/4 mile away from any other equine.
  (3) Equine that test positive to an official EIA test  may,  with  approval 
from the  director,  be  quarantined  and  segregated   in   an   insect-free 
enclosure as determined by the director.
  (4) The owner or owners or agent or agents of  an  EIA   source   herd   or 
herds shall allow the director to test, in accordance  with   the   following 
schedule, the complete source herd with an official  EIA   test   after   the 
official EIA-test-positive equine have been removed or  segregated  from  the 
herd in a manner approved by the director.
  (a) Between the dates of November 1 and April 30, a source  herd   may   be 
tested at any time and qualify for quarantine release if   all   the   tested 
equine are negative to an official EIA test.
  (b) Between the dates of May 1 and October 31,  a  source   herd   may   be 
tested  after  waiting  a  minimum  of  30   days    after    the    official 
EIA-test-positive equine have been removed or segregated from  the  herd.  If 
all equine tested are negative to the official EIA   test,   the   quarantine 
may be released.
  (5) The director  may  conduct  epidemiological   investigations   on   all 
equine that have possible exposure to official  EIA-test-positive  equine  to 
determine the need for additional quarantining and official  EIA  testing.
  (6) Official EIA-test-positive equine shall not be  destroyed  or   removed 
from the original test location or premises without  prior  permission   from 
the director.
  (7) If the owner  chooses  to  destroy   the   official   EIA-test-positive 
equine, permission shall first be obtained from the  director.  The  director 
shall issue a quarantine release  and  be  present  when   the   equine   are 
destroyed.
  (8) Unless  immediately  destroyed,   official   EIA-test-positive   equine 
shall be identified by the director with the freeze brand 34A, which shall be 
in characters not less than 2 inches in  height  and  placed  on   the   left 
cervical area of the neck,  or  shall  be  identified   in   another   manner 
approved by the director.

  History:  1994 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.

  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  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.


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.