September 25, 2007, Introduced by Rep. Young and referred to the Committee on Regulatory Reform.

     A bill to amend 1969 PA 224, entitled

"An act to license and regulate dealers in and research facilities

using dogs and cats for research purposes; and to repeal certain

acts and parts of acts," by amending sections 1, 8, and 9 (MCL 287.381, 287.388, and 287.389).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. When As used in this act:

     (a) "Person" includes any individual, partnership,

association, or corporation.

     (b) "Director" means the director of the department of

agriculture.

     (c) "Cat" means any live domestic cat (felis catus) of the

species felis catus for use or intended to be used for research,

tests, or experiments at a research facilities facility.

     (d) "Dog" means any live dog of the species canis familiaris

for use or intended to be used for research, tests, or experiments

at a research facilities facility.

     (e) "Research facility" means any school, hospital,

laboratory, institution, organization, or person that uses or

intends to use dogs or cats in research, tests, or experiments, and

that (1) purchases does 1 or more of the following:

     (i) Purchases or transports such animals. , or (2) receives

     (ii) Receives any funds from the this state or a local

government or any agency or instrumentality thereof of this state

or a local government to finance its operations by means of grants,

loans, or otherwise.

     (f) "Dealer" means any a person who for compensation or profit

delivers for transportation, transports, boards, buys, or sells

dogs or cats for research purposes and does not mean a person who

breeds or raises dogs or cats for sale to a research facility.

     (g) "Animal control shelter" and "animal protection shelter"

mean those terms as defined in section 1 of 1969 PA 287, MCL

287.331, and are facilities registered with the state department of

agriculture pursuant to section 6 of 1969 PA 287, MCL 287.336.

     (h) "Random source animal" means a dog or cat obtained from an

auction sale or from any person who did not breed and raise the dog

or cat on the person's premises.

     Sec. 8. A dealer, a county, city, village, or township

operating a dog pound or animal shelter shall not sell or otherwise

dispose of a dog or cat within 4 days after its acquisition. If the

dog or cat has a collar, license, or other evidence of ownership,

the operator of the pound or shelter shall notify the owner in

writing and disposition of the animal shall not be made within 7

days from the date of mailing the notice. Each operator of a pound

or shelter shall be required to maintain a record on each

identifiable dog or cat acquired, indicating a basic description of

the animal, the date it was acquired and under what circumstances.

The record shall also indicate the date of notice sent to the owner

of an animal and subsequent disposition.

     This section does not apply to animals which are sick or

injured to the extent that the holding period would cause undue

suffering, or to animals whose owners request immediate disposal.

     (1) A person shall not do any of the following:

     (a) Purchase or otherwise acquire a random source animal for

the purpose of resale for experimentation.

     (b) Sell or otherwise make available a random source animal

for the purpose of experimentation.

     (2) Subsection (1) applies regardless of whether the person is

licensed by the United States department of agriculture to purchase

and resell random source animals.

     Sec. 9. (1) Dogs and cats shall not be offered for sale or

sold to a research facility at public auction or by weight; or

purchased by a research facility A person shall not sell or offer

to sell a dog or cat to a research facility at public auction or by

weight. A research facility shall not purchase a dog or cat at

public auction or by weight.

     (2) A research facility shall not purchase any dogs or cats a

dog or cat except from a licensed dealer , public dog pound, humane

society, or from a person who breeds or raises dogs or cats for

sale. Any county, city, village or township operating a dog pound

or animal shelter may sell for an amount not to exceed $10.00 per

animal or otherwise dispose of unclaimed or unwanted dogs and cats

to a Michigan research facility.

     (3) A research facility or dealer shall not obtain a dog or

cat from an animal control shelter or animal protection shelter.