Bill Text: MI HB5987 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Agriculture; animals; requirements that confined animals be provided space to allow certain movements; delay application of to certain livestock. Amends sec. 46 of 1988 PA 466 (MCL 287.746).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-12-06 - Referred To Committee On Agriculture [HB5987 Detail]
Download: Michigan-2015-HB5987-Introduced.html
HOUSE BILL No. 5987
October 19, 2016, Introduced by Rep. Lauwers and referred to the Committee on Agriculture.
A bill to amend 1988 PA 466, entitled
"Animal industry act,"
by amending section 46 (MCL 287.746), as added by 2009 PA 117.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 46. (1) As used in this section:
(a) "Calf raised for veal" means any calf of the bovine
species kept for the purpose of producing the food product
described as veal.
(b) "Covered animal" means any gestating sow, calf raised for
veal, or egg-laying hen that is kept on a farm.
(c) "Egg-laying hen" means any female domesticated chicken,
turkey, duck, goose, or guinea fowl kept for the purpose of egg
production.
(d) "Enclosure" means any cage, crate, or other structure used
to confine a covered animal. Enclosure includes what is commonly
described as a "gestation crate or stall" for gestating sows, a
"veal crate" for calves raised for veal, or a "battery cage" for
egg-laying hens.
(e) "Farm" means the land, building, support facilities, and
other equipment that are wholly or partially used for the
commercial production of animals or animal products used for food
or
fiber. Farm does not include a live animal markets.market.
(f) "Farm owner or operator" means any person who owns or
controls the operation of a farm.
(g) "Fully extending its limbs" means fully extending all
limbs without touching the side of an enclosure. In the case of
egg-laying hens, fully extending its limbs means fully spreading
both wings without touching the side of an enclosure or other egg-
laying hens and having access to at least 1.0 square feet of usable
floor space per hen.
(h) "Gestating sow" means any confirmed pregnant sow of the
porcine species kept for the primary purpose of breeding.
(i) "Person" means any individual, firm, partnership, joint
venture, association, limited liability company, corporation,
estate, trust, receiver, or syndicate.
(j) "Turning around freely" means turning in a complete circle
without any impediment, including a tether, and without touching
the side of an enclosure or another animal.
(2)
Notwithstanding Subject to
subsections (3) and (6),
notwithstanding any other provision of law, a farm owner or
operator shall not tether or confine any covered animal on a farm
for
all or the majority of any day, in a manner that prevents such
the animal from doing any of the following:
(a) Lying down, standing up, or fully extending its limbs.
(b) Turning around freely.
(3)
The prohibitions of subsection (2) shall Subsection (2)
does not apply to a covered animal during any of the following:
(a) Scientific or agricultural research.
(b) Examination, testing, individual treatment, or operation
for veterinary purposes, by a person licensed to practice
veterinary medicine under part 188 of the public health code, 1978
PA 368, MCL 333.18801 to 333.18838.
(c) Transportation, unless otherwise in violation of section
51 of the Michigan penal code, 1931 PA 328, MCL 750.51, relating to
confining animals on railroad cars.
(d) Rodeo exhibitions, state or county fair exhibitions, 4-H
programs, and similar exhibitions.
(e)
The slaughter of a covered animal in accordance with as
provided by 1962 PA 163, MCL 287.551 to 287.556, and other
applicable law and rules.
(f) In the case of a gestating sow, the period beginning 7
days before the gestating sow's expected date of giving birth.
(4) The department or the attorney general may bring a civil
action to restrain, by temporary or permanent injunction, any act
or practice in violation of this section. The action may be brought
in the circuit court for the county where the defendant resides or
conducts business. The court may issue a temporary or permanent
injunction and issue other equitable orders or judgments. A defense
described and made available relating to customary animal husbandry
or farming practices involving livestock, under sections 50(11)(f)
and 50b(8) of the Michigan penal code, 1931 PA 328, MCL 750.50 and
750.50b,
or similar provisions, are not considered is not a defense
to an action brought for the violation of this section involving a
covered animal. In addition, the criminal penalties provided in
section 44 are not applicable to violations of this section.
(5)
The provisions of this section are This section is in
addition to, and not in lieu of, any other laws protecting animal
welfare.
This section shall not be construed to does not limit any
other
state law or rules protecting the welfare of animals.
(6)
The provisions of this section do not apply to calves
raised
for veal until October 1, 2012.
(6) (7)
The provisions of this section do This
section does
not apply to egg-laying hens until October 12, 2025 and does not
apply
to gestating sows until 10 years
after the enactment date of
the
amendatory act that added this section.April 1, 2020.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
