287.951 Short title. Sec. 1. This act shall be known and may be cited as the “privately owned cervidae producers marketing act”. History: 2000, Act 190, Eff. June 1, 2001 Compiler’s Notes: For transfer of certain powers and duties under the cervidae act from the department of agriculture, or its director, to the department of […]
287.952 Definitions. 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 […]
287.953 Administration of act; conduct of activities. Sec. 3. (1) The department shall administer this act. The departments of agriculture and environmental quality shall provide consultation. (2) The department of agriculture may conduct activities designed to develop and assist the cervidae industry in the manner provided for by law. History: 2000, Act 190, Eff. June […]
287.954 Cervidae livestock operation as agricultural enterprise. 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 of the department of agriculture shall assure that cervidae livestock operations are afforded all rights, privileges, opportunities, and responsibilities of […]
287.955 Cervidae livestock operation; registration; records; compliance with facility standards. Sec. 5. (1) A person shall not possess cervidae or 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 […]
287.956 Application; fee; standards; business plan; forwarding copies of application; notice to local governmental units; issuance; renewal; determination of completed application; denial; review; “completed application” defined. Sec. 6. (1) The initial application to construct a cervidae livestock facility shall be accompanied by the application fee described in section 8. The department shall approve, deny, or […]
287.957 Completion of facility construction; notice; inspection; issuance of registration; determination of noncompliance; notice of registration denial; request for second inspection; review upon second denial; hearing; return of registration fee. Sec. 7. (1) At the time the construction of the cervidae livestock facility is completed, the applicant shall notify the department in writing. That written […]
287.958 Registration; duration; information; fees; renewal. Sec. 8. (1) A registration issued by the department is issued for 3 years and shall contain the following information: (a) The registration number, class, date of issuance, and expiration date. (b) The cervidae species involved in the cervidae livestock facility. (c) The complete name, business name, business address, […]
287.959 Registration; modification; application; decommission. Sec. 9. (1) A registered cervidae livestock facility shall apply for a modification of the cervidae livestock facility registration if any changes to the information on the registration have occurred or will occur. Except for registrations approved under subsection (2)(a), expiration dates shall not change for approved modifications. (2) A […]
287.960 Memorandum of understanding with department of agriculture. Sec. 10. The director shall enter into a memorandum of understanding with the department of agriculture for approving disease herd plans and determining compliance by persons engaged in cervidae livestock operations, applicants, and registered cervidae livestock facilities with this act and investigation of violations of this act. […]
287.961 Killing cervidae species; permit; reimbursement. Sec. 11. After flushing cervidae species in an approved manner, any cervidae species remaining in the cervidae livestock facility must be killed by or under the authority of the registrant pursuant to an appropriate permit issued by the department. A person shall reimburse the state of Michigan $250.00 per […]
287.962 Inspection of facility by department. Sec. 12. (1) The department or its duly authorized agent shall have access at all reasonable hours to any cervidae livestock facility to inspect and to determine if this act is being violated and to secure samples or specimens of any cervidae species. An inspection shall be conducted under […]
287.963 Prohibited conduct. Sec. 13. A person shall not knowingly provide false information in a matter pertaining to this act and shall not resist, impede, or hinder the director in the discharge of his or her duties under this act. History: 2000, Act 190, Eff. June 1, 2001 Compiler’s Notes: For transfer of certain powers […]
287.964 Noncompliance with act, standards, or orders; denial, suspension, or revocation of registration; determination of unreasonable or adverse effect; hearing. Sec. 14. (1) After an opportunity for an administrative hearing, the department may deny, suspend, revoke, or limit a registration if the applicant or registrant fails to comply with this act, standards adopted or established […]
287.965 Repealed. 2006, Act 561, Imd. Eff. Dec. 29, 2006. Compiler’s Notes: The repealed section pertained to rules.
287.966 Violation as misdemeanor; penalty. Sec. 16. Except as otherwise provided in section 17, a person who violates this act or the operational standards incorporated by reference under this act is guilty of a misdemeanor punishable by a fine of not less than $300.00 or more than $1,000.00 or imprisonment for not less than 30 […]
287.967 Prohibited conduct; violation; penalty. Sec. 17. (1) A person shall not release or allow the release of any cervidae species from a cervidae livestock facility. This section does not prohibit the sale, breeding, marketing, exhibition, or other approved uses of cervidae species in the manner provided for by law. An animal that escapes from […]
287.968 Conviction; costs and attorney fees; findings of violations; remedies. Sec. 18. (1) A court may allow the department to recover reasonable costs and attorney fees incurred in a prosecution resulting in a conviction for a violation of section 16 or 17. (2) The director, upon finding that a person has violated any provisions of […]
287.969 Effective date. Sec. 19. This act takes effect June 1, 2001. History: 2000, Act 190, Eff. June 1, 2001 Compiler’s Notes: For transfer of certain powers and duties under the cervidae act from the department of agriculture, or its director, to the department of natural resources by type II transfer, see E.R.O. No. 2004-2, […]
