287.709 Animal affected with reportable disease or contaminated with toxic substance; restrictions on information that identifies owner of an affected animal; notificatio

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287.709 Animal affected with reportable disease or contaminated with toxic substance; restrictions on information that identifies owner of an affected animal; notification of certain disease found in certain wild birds, animals, or game.

Sec. 9.

(1)A person that discovers, suspects, or has reason to believe that an animal is either affected by a reportable animal disease or contaminated with a toxic substance shall immediately report that fact, suspicion, or belief to the director. The director shall take appropriate action to investigate the report. A person possessing an animal affected by, or suspected of being affected by, a reportable animal disease or contaminated with a toxic substance shall allow the director to examine the animal or collect diagnostic specimens. The director may enter premises where animals, animal products, or animal feeds are suspected of being contaminated with an infectious disease or a disease caused by a toxic substance and seize or impound the animal products or feed located on the premises. The director may withhold a certain amount of animal products or feed for the purpose of controlled research and testing. A person that knowingly possesses or harbors affected or suspected animals shall not expose other animals to the affected or suspected animals or otherwise move the affected or suspected animals or animals under quarantine except with permission from the director.

(2)A person owning animals shall provide reasonable assistance to the director during the examination and necessary testing procedures.

(3)All of the following apply to any medical or epidemiological information that identifies the owner of an animal and is gathered by the department in connection with the reporting of a discovery, suspicion, or reason to believe that an animal is either affected by a reportable animal disease or contaminated with a toxic substance, or information gathered in connection with an investigation of the reporting of a discovery, suspicion, or reason to believe that an animal is affected by a reportable animal disease or contaminated with a toxic substance:

(a)The information is confidential.

(b)The information is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(c)State employees or contractors are bound by section 2 of 1973 PA 196, MCL 15.342, with respect to the information.

(d)The information is not open to public inspection without the owner's consent unless 1 of the following applies:

(i)Public inspection is necessary to protect the public health or animal health as determined by the director.

(ii)Public inspection is necessary to protect the public health, as determined by the director of the department of health and human services.

(e)If the information is released to a legislative body, the information shall not contain any information that identifies a specific owner or location.

(4)Notwithstanding any other provision of this act, the state veterinarian shall be notified of a reportable animal disease found in a wild bird, wild animal, game, or protected animal under the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106, or a state or federal fish hatchery. The appropriate resource agency, including, but not limited to, the department of natural resources and the United States Fish and Wildlife Service, shall retain authority over the wild bird, wild animal, game, protected animal, or state or federal fish hatchery.

History: 1988, Act 466, Eff. Mar. 28, 1989 ;-- Am. 1990, Act 40, Imd. Eff. Mar. 29, 1990 ;-- Am. 1994, Act 41, Imd. Eff. Mar. 14, 1994 ;-- Am. 1996, Act 369 , Imd. Eff. July 3, 1996 ;-- Am. 1998, Act 552 , Imd. Eff. Jan. 27, 1999 ;-- Am. 2000, Act 323 , Imd. Eff. Oct. 31, 2000 ;-- Am. 2002, Act 458 , Imd. Eff. June 21, 2002 ;-- Am. 2019, Act 132 , Eff. Feb. 19, 2020