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287.726a. Importation of equidae, requirements; equine infectious anemia test
Sec. 26a. (1) As used in this section:
(a) "Approved laboratory" means a state, federal, or private veterinary
diagnostic laboratory approved by the United States department of agriculture, animal and
plant health inspection service, veterinary services to conduct approved official
laboratory tests for equine infectious anemia.
(b) "Calendar year" means the current 13-month period commencing with December 1
and ending December 31 of the following year.
(c) "Change of ownership and location" means a transfer of ownership of equidae
from 1 person to another person either through selling, bartering, trading, leasing, or
donating the equine along with a change of location of the equidae.
(d) "Equine herd" means any of the following:
(i) All animals of the family equidae under common ownership or supervision that are
grouped on 1 or more parts of any single premises, lot, farm, or ranch.
(ii) All animals of the family equidae under common ownership or supervision on 2 or more
premises that are geographically separated but in which the equidae have been interchanged
or had contact with equidae from different premises.
(iii) All animals of the family equidae on common premises, such as community pastures or
grazing association units, but owned by different persons.
(e) "Equine infectious anemia" means an infectious disease of equidae caused by
a lentivirus, equine infectious anemia virus.
(f) "Equine infectious anemia laboratory test form" means the official federal
government form, veterinary services form 10-11, required to submit blood samples to an
approved laboratory for equine infectious anemia testing.
(g) "Equine infectious anemia test-positive equine" means any animal of the
family equidae that has been subjected to an official equine infectious anemia test whose
result is positive for equine infectious anemia.
(h) "Exposed equine" or "exposed equidae" means animals in the family
equidae that have been exposed to equine infectious anemia by reason of associating with
equidae known or later found to be affected with equine infectious anemia.
(i) "Official equine infectious anemia test" means any test for the laboratory
diagnosis of equine infectious anemia that utilizes a diagnostic product that is both of
the following:
(i) Produced under license from the secretary of agriculture of the United States
department of agriculture or the secretary's authorized representative, under chapter 145,
37 Stat. 832, 21 U.S.C. 151, 154, 154a, 157, and 159, popularly known as the
virus-serum-toxin act of March 4, 1913.
(ii) Conducted in an approved laboratory.
(j) "Permit" means an official document, vs form 1-27 or comparable state form,
that is issued by a state or federal representative or by an accredited veterinarian,
required to accompany all equine infectious anemia test-positive equidae and those exposed
equidae that are being moved under official seal during their movement to the specified
destination.
(k) "Restricted equidae" means equine infectious anemia test-positive equidae or
exposed equidae.
(2) All equidae being moved into Michigan from other states must have had an official
equine infectious anemia test with a negative result within the calendar year of entry and
must be accompanied by an official interstate health certificate or official interstate
certificate of veterinary inspection documenting the date, laboratory, accession number,
and results of the latest equine infectious anemia test, signed by an accredited
veterinarian. The testing requirement of this subsection does not apply to equidae that
are both 6 months or younger and nursing.
(3) All equidae entered in exhibitions, expositions, or fairs must have had an official
equine infectious anemia test with a negative result within the calendar year that is
documented on the equine infectious anemia laboratory test form. A fair, exhibition,
exposition, or show authority is responsible for assuring that all participating equidae
are test-negative for equine infectious anemia. The testing requirement of this subsection
does not apply to equidae that are both 6 months or younger and nursing.
(4) All equidae, before change of ownership and location within the state, must have had
an official equine infectious anemia test with a negative result within the calendar year.
All change of ownership and location transactions must be accompanied by a certificate
signed by an accredited veterinarian documenting the date, laboratory, accession number,
and results of the latest equine infectious anemia test or by an equine infectious anemia
laboratory test form. The testing requirement of this subsection does not apply to equidae
that are both 6 months or younger and nursing.
(5) All equidae entering, remaining at, or on the premises of horse auctions or sales
markets whether or not licensed under 1974 PA 93, MCL 287.111 to 287.119, and 1937 PA 284,
MCL 287.121 to 287.131, must have an official equine infectious anemia test with a
negative result within the calendar year of sale or be kept at least 1/4 mile from the
premises. If an equine infectious anemia test is not possible before each sale, then the
equidae must be held on the sale premises until the test results are known. The testing
requirement of this subsection does not apply to equidae that are both 6 months or younger
and nursing.
(6) Beginning on the effective date of the amendatory act that added this sentence and
except as otherwise provided for equidae described in subsection (2), (3), (4), or (5),
all equidae shall be tested by April 30, 2002. The testing requirement of this subsection
does not apply to equidae that are both 6 months or younger and nursing. The owner or
operator of an approved laboratory shall report all positive results of equine infectious
anemia to the department. A positive equine infectious anemia test result shall be
reported as soon as practicable and a negative test shall be reported within 10 business
days after the test results are completed. This section does not prohibit an owner of
equidae or organization sponsoring an event involving equidae from requiring an official
equine infectious anemia test for equidae involved in any equidae group activity or that
are commingling with or in proximity to other equidae. Notwithstanding section 44(1) and
(2), a person who violates this subsection is responsible for a civil violation and may be
fined not more than $100.00.
(7) The department shall test all equidae located within a 1/4 -mile radius of the
perimeter of the area in which the equine infectious anemia test-positive equine is or has
been contained at the expense of the department. If the director determines that a large
number of equidae are equine infectious anemia test-positive, the director may require
testing of all equidae within an area larger than the 1/4 -mile radius described in this
subsection.
(8) The director shall quarantine equidae that test positive to an official equine
infectious anemia test and their herd of origin. Equidae that test positive to an official
equine infectious anemia test may, with approval from the director, be moved or
quarantined to a premises that confines them a minimum of 1 quarter mile away from any
other equine. Equidae that test positive to an official equine infectious anemia test may,
with approval from the director, be segregated and quarantined in an insect-free enclosure
as determined by the director.
(9) The owner or agent of an equine herd that is the source of an equine infectious anemia
test-positive equine shall allow the director to test, in accordance with the following
schedule, the complete source herd with an official equine infectious anemia test after
the official equine infectious anemia test-positive equidae have been removed or
segregated from the herd in a manner approved by the director:
(a) Between November 1 and April 30, a source herd may be tested at any time and qualify
for quarantine release if all tested equidae are negative to an official equine infectious
anemia test.
(b) Between May 1 and October 31, a source herd may be tested after waiting a minimum of
45 days after the official equine infectious anemia test-positive equidae have been
removed or segregated from the herd. If all equidae tested are negative to the official
equine infectious anemia test, the quarantine may be released.
(10) The owner of an equine infectious anemia test-positive equine shall provide to the
department records, reflecting the time period during which the equine infectious anemia
test-positive equine both had been on the premises and had been a member of the equine
herd, that include at least the following information:
(a) The name and address of the previous owner.
(b) To the best of the owner's knowledge, the location of other equidae that were
potentially exposed to the equine infectious anemia test-positive equine.
(11) Within 30 days after positive test results are reported to an owner of an equine
infectious anemia test-positive equine or at a different time period agreed to by the
director, the owner of an equine infectious anemia test- positive equine shall provide to
the department the records described in subsection (10).
(12) The director may conduct epidemiological investigations on all equidae that have
possible exposure to official equine infectious anemia test-positive equidae to determine
the need for additional quarantining and official equine infectious anemia testing.
(13) Official equine infectious anemia test-positive equidae shall not be destroyed or
removed from the original test location or premises without prior permission from the
director.
(14) If the owner chooses to destroy the official equine infectious anemia test-positive
equine, permission shall first be obtained from the director. The director shall issue a
quarantine release and be present when the equidae are destroyed or an accredited
veterinarian may document and certify that the official equine infectious anemia
test-positive equine has been destroyed.
(15) Unless immediately destroyed, official equine infectious anemia test- positive
equidae 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.
(16) Restricted equidae may move interstate only if accompanied by a permit listing the
owner's name and address, points of origin and destination, number of equidae included,
purpose of the movement, and at least either the individual equine registered breed
association registration tattoo or the individual equine registered breed association
registration number, or other unique official identification. The permit shall also list
the animal's name, age, sex, breed, color, and markings.
(17) Equine infectious anemia test-positive equidae may only move interstate under permit
to the following locations:
(a) A federally inspected slaughter facility.
(b) A federally approved diagnostic or research facility.
(c) A herd or farm of origin.
(18) The individual issuing the permit must consult with the state animal health official
in the state of destination for approval and must determine that the equine infectious
anemia test-positive equine to be moved interstate will be maintained in isolation
sufficient to prevent the transmission of equine infectious anemia to other equidae. The
reactor will remain quarantined under state authority at the locations described in
subsection (17) until natural death, slaughter, or euthanasia. The carcass shall be
disposed of according to provisions of 1982 PA 239, MCL 287.651 to 287.683.
(19) Individual exposed equidae may be allowed to move from a quarantined area for
specific purposes if they have a negative test at the time of movement. The equidae must
be moved under quarantine and maintained under quarantine at the new premises until tested
negative to an official equine infectious anemia test at least 45 days after the last
known exposure to an equine infectious anemia test-positive equine.
(20) The department may establish a voluntary program regarding an equidae identification
card system, funded by a reasonable fee charged to the participants, that includes at
least the following:
(a) A pocket-size card made of durable material.
(b) A photographic or graphic likeness of the equine and a description of at least the
color, breed, sex, age, markings, name of owner, and location or address of the equine.
(c) An indication of a negative result for an official equine infectious anemia test,
along with the date of the test.
(21) Not later than 90 days after the completion date for testing under subsection (6),
the department shall issue a report to the standing committees of the senate and the house
of representatives having jurisdiction over animal industry matters describing the number
of equidae tested for equine infectious anemia in this state, the number of equidae
reported to the department as equine infectious anemia test-positive, and the effects, if
any, of the testing requirements imposed under this section.
(22) Any information that identifies the owner of an equine that is gathered by the
department under this section is exempt from disclosure under the freedom of information
act, 1976 PA 442, MCL 15.213 to 15.246.
(23) Except as otherwise provided in subsection (6), a person who violates this section is
guilty of a crime punishable as provided in section 44.
(24) This section is repealed effective January 1, 2011.
Amended in 2000, 2001.
Reviewed by AAHS in October 2001.
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