Department created.

appointed,

term.

Successors.

Executive officer.

LAWS PERTAINING TO ANIMAL INDUSTRY.

AN ACT to provide for the prevention and suppression of contagious, infectious and communicable diseases of live stock; to provide for the creation of a department of animal industry of the state of Michigan; to authorize and require the appointment of a state commissioner of animal industry, of two advisory commissioners and of a state veterinarian; to prescribe the powers and duties of said officers, and to repeal all acts or parts of acts contravening the provisions of this act. (a)

(Act 181, P. A. 1919.)

Section 1. The People of the State of Michigan enact: There is hereby created a department of animal industry for the state of Michigan with the powers and duties herein prescribed. Immediately on Immediately on the taking effect hereof the governor, with the advice and consent of the senate, shall Commisioner appoint a state commissioner of animal industry, who, in the first instance, shall hold his said office to and including the thirtieth day of June, nineteen hundred twenty-five. Thereafter the successors of said commissioner shall be appointed as aforesaid for terms of six years beginning on the first day of July, nineteen hundred twenty-five, and each six years thereafter. The commissioner of animal industry shall be the executive officer of the department of animal industry hereby contemplated, and shall be a practical agriculturalist engaged in the live stock industry. Any commissioner chosen hereunder shall hold his said office until the appointment and qualification of his successor. The governor shall also appoint two advisory commissioners of animal industry whose term of office shall be coextensive with that of the commissioner and whose duties shall be advisory only. Said advisory commissioners shall meet with the state commissioner of animal industry at such times and places as the latter may require and shall counsel with him with reference to the performance of the duties of his said office.

Tenure.

Advisory commissioners.

Duties.

Appointment

of State veterinarian, term.

Sec. 2. On the recommendation of the state commissioner of animal industry, the governor shall appoint a state veterinarian who shall hold his office in the first instance to and including the thirtieth day of June, nineteen hundred

(a) This act abolishes the former state live stock sanitary commission created by Act 182, P. A. 1885, and transmits the functions, powers and duties to the department of animal industry hereby created. Act No. 13, P. A. 1921 transmits the functions, powers and duties of the department of animal industry to the department of agriculture.

See Act No. 13, P. A. 1921, page 5.

tions.

twenty-five. Thereafter his successor shall be appointed in Successor. like manner for terms of six years, beginning on the first day of July, nineteen hundred twenty-five and each six years thereafter. No person shall be appointed to the office of Qualificastate veterinarian other than a graduate of a college of veterinary surgery which is legally entitled to confer the veterinary degree. Said veterinarian shall also be skilled in the diagnosis, treatment and control of contagious and infectious diseases of live stock. Each state veterinarian shall hold his Tenure. said office until the appointment and qualification of his

successor.

commissioner.

missioners.

Sec. 3. Said state commissioner of animal industry shall per diem of receive the sum of ten dollars per day for the time actually spent by him in the discharge of his duties together with expenses necessarily incurred by him in the performance of the duties of his office. Th advisory commissioners shall Expenses of receive no compensation but shall be entitled to their actual advisory comexpenses incurred while attending meetings called by the commissioner, or while assisting him in the manner contemplated by this act. The state veterinarian shall receive such Compensacompensation as may be fixed by the State commissioner of tion of vetanimal industry subject to the approval of the board of auditors. Said State Commissioner of Animal Industry (Commissioner of Agriculture) may employ at the expense of the State such persons, and may purchase such material and supplies as may be necessary to carry into effect the provisions of this act and the orders and regulations of the commissioner made pursuant hereto. All salaries and expenses contemplated hereby shall be paid out of the specific appropriations for said purpose.

erinarian.

Sec. 4. It shall be the duty of the Commissioner of Animal Duty of comIndustry (Commissioner of Agriculture) to have general missioner. charge and oversight of the protection of the health of the domestic animals of the state and the guarding of the same

erinarian.

from all contagious or infectious diseases. To such end Quarantines. said commissioner is hereby authorized and empowered to establish, maintain and enforce in accordance with this act such quarantine, sanitary and other regulations as may be deemed necessary. It shall be the duty of the state veteri- Duty of vetnarian to carry out the directions of the Commissioner of Animal Industry (Commissioner of Agriculture), and to devote his entire time to the performance of his official duties. It shall be the duty of the board of auditors of the state to office facilifurnish proper office facilities at the city of Lansing for the ties. State Commissioner of Animal Industry (Commissioner of Agriculture) and for the state veterinarian, including a Laboratory. laboratory for the investigation of infectious diseases of all

live stock.

etc., dis

Sec. 5. It shall be the duty of any person who discovers, Reporting of suspects, or has reason to believe that any domestic animal contagious, belonging to him or in his charge, or that may come under eases. his observation, belonging to other parties, is affected with

boards of

health.

Temporary quarantines.

any disease, whether it be a contagious or infectious disease, to immediately report such fact, belief, or suspicion to the State Commissioner of Animal Industry (Commissioner of Agriculture), or to the local board of health or some member Duty of local thereof. It is hereby made the duty of all local boards of health, to whom cases of contagious or infectious diseases are reported, to immediately investigate the same, either in person by some member or members of the board, or by the employment of a competent and skilled veterinarian; and should such investigation show a reasonable probability that a domestic animal is affected with a contagious or infectious disease of a malignant character, the local board of health shall immediately establish such temporary quarantine as may be necessary to prevent the spread of the disease, and report all action taken to the State Commissioner of Animal Industry (Commissioner of Agriculture); and the acts of local boards of health establishing temporary quarantine shall have the same force and effect as though established by the commissioner, until such time as the commissioner may take charge of the case or cases, and relieve the local board of health. All expenses incurred by local boards of health in carrying out the provisions of this act shall be paid in like manner as are other expenses incurred by said boards in the discharge of other official duties.

Expense.

Commissioner to examine, etc.

Rules and regulations.

To regulate handling, etc.

Sec. 6. The commissioner to whom the existence of any infectious or contagious disease of domestic animals is reported, shall forthwith, either in person or by authorized representative, proceed to the place where such domestic animal or animals are and examine the same, and if in his opinion any infectious or contagious disease does exist he is authorized to call upon the state veterinarian or other competent and skilled veterinarian to proceed to the place where said contagious or infectious disease is said to exist and examine said animal or animals, and report his or their finding to the said commissioner, who then shall prescribe such rules and regulations as in his judgment the exigencies of the case may require for the effectual suppression and eradication of the disease, and for that purpose the said commissioner may list and describe the domestic animals affected with such disease and those which have been exposed thereto and included within the infected district or premises so defined and quarantined, with such reasonable certainty as would lead to their identification, and no domestic animal liable to become infected with the disease or capable of communicating the same shall be permitted to enter or leave the district, premises or ground so quarantined, except by authority of the commissioner. The said commissioner shall also from time to time give and enforce such directions and prescribe such rules and regulations as to separating, mode of handling, treating, feeding and caring for such diseased and exposed animals as he shall deem necessary to prevent the two classes of animals from coming in contact with each

animals.

tine dogs.

other, and perfectly isolate them from all other domestic animals which have not been exposed thereto and which are susceptible of becoming infected with the disease, and the said commissioner and veterinarian are hereby authorized Right of and empowered to enter upon any grounds or premises to entry. carry out the provisions of this act. When in the opinion May kill of the commissioner, or his authorized representative, it shall be necessary to prevent the further spread of any contagious or infectious disease among the live stock of the state, to destroy animals affected with or which have been exposed to any such disease, he shall determine what animals shall be killed, and appraise the same, as hereinafter provided, and cause the same to be killed and the carcasses disposed of as in his judgment will best protect the health of domestic animals of that locality. Said commissioner shall also have May quaranpower to declare and enforce a quarantine on dogs in any district of this state in which there is an outbreak of rabies, hog cholera, hoof and mouth disease, or any other contagious or infectious disease among live stock; and may order that all dogs in said district shall be securely chained or otherwise confined. Any dog found at large in contravention of the Enforcement terms of such quarantine or order may be killed. It shall be of quarantine. the duty of the sheriff of each county in the district affected and of his deputies, constables and other municipal police officers to see to it that such quarantine and orders are enforced. Any officer killing a dog pursuant to the provisions of this act shall not be subject to any liability therefor. Sec. 7. When the commissioner shall have determined To notify the quarantine and other regulations necessary to prevent the spread among domestic animals of any malignant, contagious or infectious disease found to exist among the live stock of the state, and give his order as hereinbefore provided, prescribing quarantine and other regulations, he shall notify the governor thereof, who shall issue his proclamation Proclamation. proclaiming the boundary of such quarantine and the orders, rules and regulations prescribed by the commissioner, which proclamation may be published by written or printed hand Publication. bills posted within the boundaries or on the lines of the district, premises, places or grounds quarantined: Provided, Proviso, limThat if the commissioner decides that it is not necessary, by reason of the limited extent of the district in which such disease exists, that a proclamation should be issued, then none shall be issued, but such commissioner shall give such Notice. notice as may seem best to make the quarantine established by him effective.

governor.

ited districts.

animals con

Sec. 8. Whenever the commissioner shall direct the kill- Appraisal of ing of any domestic animal or animals it shall be his duty demned. to appraise the animal or animals condemned, and in fixing the value thereof he shall be governed by the value of said animal or animals at the date of appraisement. When any Certificate. live stock shall be appraised and killed by order of the commissioner, he shall issue to the owner of the stock so killed

a certificate showing the number and kind of animals killed, and the amount in his judgment, to which the owner is entitled, and report the same to the governor of the state, which certificate, if approved by the governor, shall be preWarrant for sented to the auditor general, who shall draw his warrant on the state treasurer for the amount therein stated, payable out of any money in the Treasury not otherwise appropriated: Provided, That the payment and compensation for tuberculous cattle killed under the provisions of this act shall be subject to section fifteen hereof.

payment.

Proviso,

tuberculous cattle.

Value paid.

Proviso,

extent of indemnity.

Idem.

Idem.

Contagion, etc., prohibited.

Importation.

Unlawful to obstruct examination.

Sec. 9. When any animal or animals are killed under the provisions of this act, by order of the commissioner the owner thereof shall be paid therefor the appraised value as fixed by the appraisement hereinbefore provided for: Provided, The right of indemnity on account of animals killed by order of the commissioner under the provisions of this act shall not extend to the owners of animals which have been brought into the state in a diseased condition, or from a state, country, territory or district in which the disease with which the animal is affected, or to which it has been exposed, exists. Nor shall any animal be paid for by the state which may be brought into the state in violation of any law or quarantine regulation thereof or the owner of which shall have violated any of the provisions of this act, or disregarded any rule, regulation, or order of the commissioner. Nor shall any animal be paid for by the state which came into the possession of the claimant with the claimant's knowledge that such animal was diseased, or was suspected of being diseased, or of having been exposed to any contagious or infectious disease.

Sec. 10. No person having in his possession any domestic animal affected with any contagious, infectious or communicable disease, knowing such animal to be so affected, shall permit the same to run at large; or shall keep such animal where other domestic animals not affected by, or previously exposed to such disease, may be exposed to contagion or infection; nor shall any person sell, ship, drive, trade, or give away any such diseased animal, any animal which has been exposed to contagion or infection; nor move or drive any domestic animal in violation of any direction, rule, regulation or order establishing or regulating any quarantine.

Sec. 11. No person shall bring into this state any domestic animal which is affected with any contagious, infectious or communicable disease, or any animal which has been exposed to any such disease. It shall be unlawful for any person who owns or who is in possession or control of live stock which is affected with any such disease, or which is reasonably suspected of being so affected, to prevent or refuse to allow the state veterinarian, the commissioner, or other authorized officials to examine such stock, or to hinder or obstruct the state veterinarian or commissioner, or other official in any examination or attempted examination of any such animal or animals.