Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Agriculture and Rural Development  
2. Bureau:  
Animal Industry Division  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Bodies of Dead Animals  
5. Rule numbers or rule set range of numbers:  
R 287.651 – R 287.657  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
Jamie Guardiola  
E-mail of person filling out RFR:  
GuardiolaJ1@michigan.gov  
Phone number of person filling out RFR:  
517-284-5730  
Address of person filling out RFR:  
Constitution Hall, 6th Floor North,  
525 West Allegan  
Lansing, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The rules contain the details on multiple methods for disposal of livestock carcasses. The  
proposed changes will align disease management and mitigation requirements with those of the  
United States Department of Agriculture, and update adopted resource documents.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
By authority conferred on the department by sections 15 and 27 of 1982 PA 239, MCL 287.665  
and 287.677.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
Bodies of Dead Animals, 1982 PA 239, MCL 287.651 – 287.683.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
Yes, rules are mandated in both Sections 15 and 27, with Section 15 requiring rules relating to  
composting.  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
MCL 24.239  
RFR-Page 2  
Rule 5 requires three heat cycle rotations of active composting before final utilization. USDA  
guidance varies, depending on the livestock species and the nature of the disease outbreak.  
MDARD is looking to align with national standards based on research showing protective  
methods for prevention of the spread of disease.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
The rules currently adopt several published documents. Citations to the current versions of those  
publications will be updated.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
No.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
The requirement for three heat cycle turns of the pile is the protective default setting. Since the  
rules were last amended, multiple responses to Highly Pathogenic Avian Influenza have occurred,  
and the USDA’s requirements for response to that disease require only two heat cycles. MDARD  
is looking to align with federal requirements.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
The proposed change was prompted by joint USDA-MDARD response to Highly Pathogenic  
Avian Influenza in spring 2022.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
The rules had a substantial revision in 2011 and have been evaluated regularly since. The joint  
USDA-MDARD response to Highly Pathogenic Avian Influenza in Michigan in spring of 2022  
prompted discussion with the Michigan livestock industry to align this specific requirement and to  
provide flexibility on composting requirements to account for the nature of a disease outbreak.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
No, the rules continue to provide needed direction on carcass disposal for both disease outbreaks  
and natural mortality in manners that prevent spread of disease and protect Michigan’s  
environment.  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
No  
MCL 24.239  
;