Scientifically Based Orders; Requirements; Revision or Rescission of Orders; Enforcement; Authority to Enter Into Agreements.

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Sec. 3b.

(1) The director may develop, implement, and enforce scientifically based orders. These orders may include requirements for testing, animal or premises identification, record keeping, premovement documentation, or on-farm management practices that must be completed before the movement of animals from any premises within this state, or between premises within this state.

(2) Before issuing an order described in subsection (1), the department shall comply with all of the following to ensure public notice and opportunity for public comment:

(a) The department shall develop scientifically based requirements with advice and consultation from the impacted animal industry and veterinary professionals.

(b) The department shall place the proposed requirements on the commission of agriculture and rural development agenda at least 1 month before final review and issuance of the order by the director. During the 1-month period described in this subdivision, written comments may be submitted to the director and the director shall hold at least 1 public hearing on the order within the affected areas.

(c) The department shall, at least 1 month before implementation of the order, place the proposed requirements in a media channel in each county within the area subject to the proposed requirements and at least 1 media channel having circulation outside of the area.

(3) The director may revise or rescind an order described in subsection (1). A revision or rescission described in this subsection shall comply with the requirements of subsection (2), unless the revision or rescission does not alter the boundary of a previously established zone.

(4) The director may create an order to establish high-risk areas, potential high-risk areas, a disease-free zone, an infected zone, or a surveillance zone based upon the finding of a reportable animal disease or scientifically based epidemiology and may consult with the appropriate state or federal department or agency in creating that order. The director shall notify the commission of agriculture and rural development and the impacted animal industry.

(5) The director may call upon a law enforcement agency to assist in enforcing the director's quarantines, orders, or any other provision of this act.

(6) If the director considers it a benefit to the health or condition of the animal industry in this state, the director may enter into agreements with the federal government, other state governments, tribal governments, or any other person to protect or enhance the growth of this state's animal industry or the human food chain.

History: Add. 2019, Act 132, Eff. Feb. 19, 2020


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