The proposed rules are comparable to the compliance requirements for animal euthanasia and sedation in the Great
Lakes region. Although the regulations across the Great Lakes region vary from state to state, overall, the purpose of
the proposed rules are similar to those of the other states in the Great Lakes region.
3. Identify any laws, rules, and other legal requirements that may duplicate, overlap, or conflict with the proposed
Each state establishes its own requirements for sedation and euthanasia of animals in animal control shelters, animal
protection shelters, and Class B dealers so there are no parallel federal rules or standards set by a state or national
licensing agency or accreditation association that the proposed rules can be compared to. However, there are multiple
state laws, federal laws, and rules that regulate some aspect of animal control shelters, animal protection shelters,
Class B dealers, or the euthanasia of animals.
Section 7333(9) to (20) of the Code, MCL 333.7333, regulates the sedation and euthanasia of animals by animal
control shelters, animal protection shelters, and class B dealers.
The Pet Shops, Dog Pounds, and Animal Shelters Act,1969 PA 287, MCL 287.331 to 287.340, and administrative
rules promulgated by the Animal Industry Division of the Michigan Department of Agriculture and Rural
Development, pursuant to this Act, regulate aspects of pet shops, animal control shelters, and animal protection
shelters. However, neither the Act nor the administrative rules aforementioned regulate the use of controlled
substances for sedation and euthanasia of animals in an animal control shelter, animal protection shelter, and Class B
AWA, 7 USC sections 2131 to 2159 (2013), and federal regulations, 9 CFR Parts 1 to 4 (2021), require minimum
standards of care and treatment for certain animals bred for commercial sale, used in research, transported
commercially, and exhibited to the public. Although the AWA requires humane handling of animals to minimize pain
and distress, including the use of tranquilizing drugs and euthanasia, the AWA and regulations do not regulate the
sedation and euthanasia of animals with specificity as to the medications used.
A facility that handles controlled substances must obtain a DEA certificate of registration pursuant to 21 CFR 1301.11
(2020); must record receipt of controlled substances on forms pursuant to 21 CFR 1305 (2020); and must maintain
records consistent with 21 CFR 1304 (2020).
Section 7333 of the Public Health Code (Code), MCL 333.7333, mandates that the required training for use of sodium
pentobarbital and animal tranquilizers to perform euthanasia on animals must comply with the American Veterinary
Medical Association’s (AVMA) guidelines for the euthanasia of animals. Consistent with the Code, the proposed rules
require that training be approved by the state veterinarian. The state veterinarian requires that training complies with
the current AVMA’s Guidelines for the Euthanasia of Animals.
A. Explain how the rules have been coordinated, to the extent practicable, with other federal, state, and local laws
applicable to the same activity or subject matter. This section should include a discussion of the efforts undertaken
by the agency to avoid or minimize duplication.
The proposed rules have been coordinated with the state laws and federal laws that also regulate animal protection
shelters, animal control shelters, and Class B dealers so as to not duplicate, overlap, or contradict regulations. Federal
requirements for registration with the Department of Justice (DOJ) DEA, recording requirements, as well as record
retention have been included in the proposed rules. The proposed rules also require the use of sodium pentobarbital
and animal tranquilizers to be used consistent with the AVMA guidelines for euthanizing animals.
4. If MCL 24.232(8) applies and the proposed rules are more stringent than the applicable federally mandated
standard, provide a statement of specific facts that establish the clear and convincing need to adopt the more
There is no applicable federally mandated requirement to promulgate rules. Consequently, MCL 24.232(8) is not
5. If MCL 24.232(9) applies and the proposed rules are more stringent than the applicable federal standard,
provide either the Michigan statute that specifically authorizes the more stringent rules OR a statement of the
specific facts that establish the clear and convincing need to adopt the more stringent rules.