| | |
1st of the year in which the application was made. The license fee | for a dealer shall be $5 is $25 and for an each agent, 50¢ $10. | Each dealer and agent shall must receive from the commissioner | certificates as such, which certificates shall that must be carried | | in the motor vehicle or truck owned or used by such dealer or | agent. Each dealer shall must receive from the commissioner dealer | | license plates to be attached to each motor vehicle or truck owned | | or used by such dealer and must receive a sticker each year that | | must be affixed to the plate. |
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| | | Sec. 5. 7 MRSA §1306, as amended by PL 1999, c. 547, Pt. B, §78 and | | affected by §80, is further amended to read: |
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| | | §1306. Revocation and suspension of licenses |
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| | | Any license issued under this chapter may be suspended or | revoked by the District Court in a manner consistent with the | | Maine Administrative Procedure Act. |
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| | | Sec. 6. 7 MRSA §1307, as amended by PL 1967, c. 227, §3, is further | | amended to read: |
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| | | The commissioner may require licensed livestock and poultry | | dealers to keep certain records of transactions in any or all | | classes of livestock and poultry. The department may establish | | by rule the length of time that records kept by persons engaging | | in dealing livestock and poultry must be retained.__Rules adopted | | pursuant to this section are routine technical rules as defined | | in Title 5, chapter 375, subchapter II-A. |
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| | | Sec. 7. 7 MRSA §1308, as amended by PL 1979, c. 541, Pt. A, §68, is | | further amended to read: |
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| | | Any person, copartnership, association or corporation engaged | | in the business of buying or selling livestock or poultry, or | | both, as defined in this chapter without a license provided for | in section 1304, or who shall violate violates any of the | provisions of sections 1302 to 1307, shall be guilty of a Class E | crime or who violates any rule adopted under sections 1302 to | | 1307 commits a civil violation for which a fine in the amount of | | $100 per day for each violation may be adjudged.__The total fine | | may not exceed $25,000. |
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| | | Any person, copartnership, association or corporation who | shall violate any rule or regulation promulgated under sections | 1302 to 1307, or neglect or refuse to comply with any of the |
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| | provisions thereof, commits a civil violation for which a | forfeiture not to exceed $50 may be adjudged. |
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| | | Sec. 8. 7 MRSA §1331, sub-§4, as amended by PL 1989, c. 502, Pt. B, | | §7, is further amended to read: |
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| | | 4. Penalties. Any person engaged in the business of | | propagating, possessing, buying or selling domesticated deer | without a license as provided for in subsection 2 is guilty of a | Class E crime commits a civil violation for which a fine in the | | amount of $100 per day for each violation may be adjudged.__The | | total fine may not exceed $25,000. |
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| | | Sec. 9. 7 MRSA §1331, sub-§5, as enacted by PL 1987, c. 685, §1, is | | amended to read: |
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| | | 5. Revocation. A license issued to any person for the | propagation, possession, purchase or sale of domesticated deer, | or for the sale of meat from domesticated deer, may be revoked at | any time Any license issued under this chapter may be suspended | | or revoked in a manner consistent with the Maine Administrative | | Procedure Act for violation of this chapter. Upon revocation, no | similar license may be reissued for a minimum of 5 years. Any | person who violates or refuses to comply with this chapter | commits a civil violation for which a forfeiture not to exceed | $200 may be adjudged at the discretion of the commissioner. |
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| | | Sec. 10. 7 MRSA c. 207 is amended by repealing the chapter headnote | | and enacting the following in its place: |
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| | | Sec. 11. 7 MRSA §1451 is amended to read: |
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| | | Whereas community or commission auctions are increasing | throughout the country, and if properly controlled are a benefit | to the livestock industry, it is desirable to set up legislation | to prohibit the spread of disease and protect the public. The | | purpose of this chapter is to foster fair and equitable sales | | practices and to encourage practices in such transactions that | | promote the sale of healthy livestock and poultry. |
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| | | Sec. 12. 7 MRSA §1452 is repealed and the following enacted in its | | place: |
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| | | As used in this chapter, unless the context otherwise | | indicates, the term "auction" means the offering of cattle, | | sheep, swine, goats and equines and domesticated cervidae and | | other exotic animals for sale by means of exchanges between an | | auctioneer and bidders. |
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| | | Sec. 13. 7 MRSA §1453, as amended by PL 1977, c. 694, §117, is | | further amended to read: |
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| | | The commissioner shall, in a manner consistent with the Maine | Administrative Procedure Act, make rules and regulations | | necessary to protect the health and welfare of animals going | through such sales rings auction, which shall have the power of | | law as outlined under section 1752. |
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| | | Sec. 14. 7 MRSA §1454 is repealed and the following enacted in its | | place: |
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| | | A person, partnership, association or corporation may not hold | | or conduct an auction without obtaining a permit from the | | commissioner no later than 2 weeks prior to the time of the | | auction. |
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| | | Sec. 15. 7 MRSA §1455 is amended to read: |
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| | | The operator shall keep complete records of all sales | transactions, which shall must be available for inspection by the | commissioner or his agent. The department may establish, by | | rule, the length of time that a person who conducts an auction | | must retain these records.__These records must indicate the | | origins of the animals and the final disposition or location of | | those animals.__Rules adopted pursuant to this section are | | routine technical rules as defined in Title 5, chapter 375, | | subchapter II-A. |
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| | | Sec. 16. 7 MRSA §1456, as amended by PL 1999, c. 547, Pt. B, §20 | | and affected by §80, is repealed and the following enacted in its | | place: |
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| | | §1456. Cancellation of permit |
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| | | The permit to operate an auction may be suspended in a manner | | consistent with the Maine Administrative Procedure Act. |
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| | | Sec. 17. 7 MRSA §1457 is enacted to read: |
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| | | Any person who violates the provisions of this chapter commits | | a civil violation for which a fine in the amount of $100 per | | violation per day, not to exceed $25,000, may be adjudged. |
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| | | Sec. 18. 7 MRSA §1704, as amended by PL 1985, c. 785, Pt. B, §46, | | is further amended to read: |
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| | | The commissioner may employ skilled veterinarians licensed in | this State and such other agents and employees as he may deem be | necessary to carry into effect enforce chapters 201, 207, 301, | | 303 and 305, subject to the Civil Service Law. |
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| | | Sec. 19. 7 MRSA §1706, as repealed and replaced by PL 1977, c. 696, | | §89, is amended to read: |
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| | | Whoever violates any provisions of chapters 207, 301, 303, and | 305, or any rule and regulation promulgated thereunder adopted | | under those chapters, unless a specific penalty or forfeiture is | provided for, shall be guilty of a Class E crime commits a civil | | violation for which a fine in the amount of $500 per day for each | | violation may be adjudged.__The total fine may not exceed | | $50,000. |
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| | | Sec. 20. 7 MRSA §§1707 and 1708 are enacted to read: |
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| | | §1707.__Confidentiality of records |
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| | | All department records relating to open, ongoing animal health | | investigations, animal health research and animal health | | surveillance are confidential and may not be disclosed to any | | person, even upon written authorization by the subject of the | | record. |
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| | | The owner of a livestock herd must provide regular veterinary | | care. |
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| | | Sec. 21. 7 MRSA §1751, sub-§2, as amended by PL 1999, c. 765, §4, is | | further amended to read: |
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| | | 2. Domestic animals. "Domestic animals" means cattle, | horses, mules, asses, equines, goats, sheep, swine, cats, dogs, | | domesticated cervidae or other domesticated animals; large game | | as defined in section 1341, subsection 5; and poultry. |
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| | | Sec. 22. 7 MRSA §1751, sub-§3, as amended by PL 1979, c. 731, §19, is | | further amended to read: |
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| | | 3. Authorized agent. "Duly authorized Authorized agent" | means employees of the State Department of Agriculture, Food and | Rural Resources department, veterinarians licensed by the State | | to practice veterinary medicine while performing official duties | for the department, employees of the Agricultural Research Animal | | and Plant Health Inspection Service of the United States | | Department of Agriculture, or other persons designated by the | | commissioner. |
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| | | Sec. 23. 7 MRSA §1752, as repealed and replaced by PL 1977, c. 694, | | §119, is amended to read: |
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| | | The commissioner shall, in a manner consistent with the Maine | Administrative Procedure Act, make all needful rules and | regulations which may in his judgment be deemed requisite to the | full and due execution of adopt rules that, in the commissioner's | | judgment, are necessary for the enforcement of chapters 201, 207, | 301, 303 and 305. These rules and regulations shall have the | | force and effect of law, so far as the same are not inconsistent | | with the laws of this State or of the United States. |
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| | | Sec. 24. 7 MRSA §1753, as amended by PL 1999, c. 765, §5, is | | further amended to read: |
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| | | §1753. Duties of commissioner |
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| | | The commissioner shall, so far as possible, prevent the | | introduction and spread of contagious, infectious and parasitic | | diseases, and exposure thereto, among domestic animals in the | State, especially those diseases transmitted to man, either | directly or indirectly zoonotic diseases, and those of greatest | | economic importance. |
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| | | The commissioner shall cause investigation and diagnosis to be | | made by approved methods as to the existence of contagious, | | infectious and parasitic diseases among domestic animals in the | State, and he or his duly authorized agent the commissioner may | | enter any premises, buildings or places, including stockyards, | | cars, trucks, planes and vessels within any county or part of the | State in or at which he the commissioner has reason to believe |
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| | | there exists any such disease, and make such investigation, | | diagnosis or diagnostic tests as to the existence of disease that | he the commissioner may consider necessary. |
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| | | The commissioner shall, so far as possible, control and | eradicate the diseases of domestic animals. The commissioner | shall formulate and apply programs for the control and or | eradication of tuberculosis, brucellosis, forms of transmissible | spongiform encephalopathy known as chronic wasting disease and | such other any diseases as or pathogens as required by the United | | States Department of Agriculture and any other diseases or | | pathogens the commissioner considers necessary or practicable to | | control or eradicate so far as funds are available. |
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| | | Sec. 25. 7 MRSA §1755, as amended by PL 1977, c. 694, §120, is | | further amended to read: |
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| | | The commissioner may, upon discovery or upon suspicion of the | | existence of any disease or pathogen among domestic animals or | poultry in the State, take whatever action he deems the | | commissioner considers necessary to prevent possible spread and | to control or eradicate such the disease or pathogen. Such action | | may include quarantine of domestic animals, birds, wild animals | in captivity and products derived from them, also including the | | quarantine of articles, materials and premises, equipment or | areas, for such a time and under such conditions as he may deem | | the commissioner considers necessary to eradicate or control the | disease or pathogen. This quarantine shall may not be considered | | licensing or an adjudicatory proceeding, as defined by the Maine | | Administrative Procedure Act. |
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| | | Any positive diagnosis of a disease made by recognized | | procedures by recognized diagnostic laboratories, or by | recognized qualified persons, shall must be considered as | | official diagnosis until proved otherwise. |
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| | | Quarantine may be made by registered mail or in person by an | | authorized agent of the commissioner, or by any other person | | authorized to do so. |
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| | | The commissioner may use placards or any other methods he may | deem considered necessary to give notice or warning of such the | | quarantine. |
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| | | It shall be is illegal to violate any quarantine by any | person, and such violation shall be is punishable by penalties as | | outlined in section 1706. |
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| | | Sec. 26. 7 MRSA §1756, as amended by PL 1983, c. 747, §1, is | | further amended to read: |
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| | | §1756. Appraisal and indemnity |
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| | | Upon discovery of any contagious or infectious disease or | | pathogen among domestic animals, the commissioner may cause the | | affected or exposed animals to be appraised and destroyed, and a | | proper disposition of the carcasses made in accordance with rules | and adopted by him the commissioner in a manner consistent with | | the Maine Administrative Procedure Act, Title 5, chapter 375. The | | commissioner shall appraise each domestic animal at its true | | market value at the time it is condemned, provided that no | | indemnity may be paid except as established in section 1757 or in | | state-federal cooperative eradication programs for domestic | | animals and in those amounts as set by those agreements. In no | | case may the combined amount received from salvage and state and | | federal indemnity exceed the amount of appraisal. |
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| | | No indemnity shall Indemnity may not be paid on any domestic | animals imported into the State, if the importation of which was | not in compliance with in violation of the laws of the State or | rules and regulations in effect at the time of importation. |
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| | | Sec. 27. 7 MRSA §1757, first ¶, as enacted by PL 1983, c. 747, §2, is | | amended to read: |
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| | | The commissioner shall establish a Poultry Disease Control | | Fund to be used to detect, prevent, control or eradicate any | | contagious or infectious poultry disease or pathogen within the | State. He may credit to the fund moneys appropriated by the | Legislature for that purpose, which may be funded through a | | legislative appropriation or through money received from other | | public and private sources, including an assessment on commercial | | poultry owners. |
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| | | Sec. 28. 7 MRSA §1757, sub-§1, as enacted by PL 1983, c. 747, §2, is | | amended to read: |
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| | | 1. Authority of the commissioner. Whenever he the | | commissioner has sufficient reason to believe that a contagious | | or infectious poultry disease or pathogen has been or may be | | introduced into the State, the commissioner may: |
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| | | A. Inspect, cause to be disinfected or require evidence of | | disinfection of: |
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| | | (1) All incoming or outgoing vehicles being used to convey | | poultry, poultry products or materials related to the | | poultry industry; and |
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| | (2) All incoming vehicles which that, while carrying other | domestic animals during the 80 30 days immediately | | prior to their arrival in Maine, stopped within or | | passed through an area declared quarantined by the | | United States Department of Agriculture, Animal and | | Plant Health Inspection Service, due to the outbreak of | | a contagious or infectious poultry disease or pathogen. |
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| | | Incoming vehicles may be refused entry into the State and | | outgoing vehicles may be detained within the State until any | | necessary inspection or disinfection has been performed or | | any required evidence of inspection or disinfection has been | | received. |
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| | | B. Immediately eradicate poultry flocks in which disease or | | pathogen is found to exist; and |
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| | | C. After consultation with appropriate industry | | organizations, indemnify owners of poultry destroyed under | paragraph B. The amount of the indemnity shall must be | | established by rule adopted in a manner consistent with the | | Maine Administrative Procedure Act, Title 5, chapter 375, | | provided that the amount of any federal indemnity for the | same flock shall be is considered in setting the amount of | | indemnity under this paragraph. |
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| | | Sec. 29. 7 MRSA §1759 is enacted to read: |
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| | | §1759.__Vehicle detainment and inspection |
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| | | If the commissioner has sufficient reason to believe that a | | contagious or infectious animal disease or pathogen has been or | | may be introduced into the United States, Canada or this State, | | the commissioner may stop and inspect vehicles transporting | | domestic animals or poultry to ensure that biosecurity | | procedures, including cleaning and disinfection, outlined by the | | United States Department of Agriculture have been adhered to and | | that importation certification documents are in order. |
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| | | An incoming vehicle may be refused entry into the State and an | | outgoing vehicle may be detained within the State until any | | necessary inspection or disinfection has been performed or any | | required evidence of inspection or disinfection has been received | | by the commissioner. |
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| | | Sec. 30. 7 MRSA §1801, as amended by PL 1999, c. 765, §6, is | | repealed and the following enacted in its place: |
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| | | §1801. Reportable diseases |
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| | | The commissioner shall, by rule adopted in a manner consistent | | with the Maine Administrative Procedure Act, determine which | | diseases or pathogens must be classified as "reportable."__The | | form of transmissible spongiform encephalopathy known as chronic | | wasting disease is reportable.__It is a violation of this chapter | | for any owner, agent of any owner, veterinarian or other person | | having knowledge of the existence of such disease or pathogen or | | the exposure of domestic animals to such disease or pathogen not | | to properly report the existence of such disease or pathogen or | | exposure of domestic animals to the department immediately after | | knowledge of such disease or pathogen or exposure of domestic | | animals to such disease or pathogen. |
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| | | It is a violation of this chapter for any person to drive, | | truck or otherwise move intrastate__or interstate domestic | | animals known to be infected with or exposed to any reportable | | disease or pathogen, or domestic animals treated with any vaccine | | or other substance that might make them capable of spreading a | | disease or pathogen among susceptible domestic animals.__Any | | domestic animals infected with or exposed to any reportable | | disease or pathogen may be moved only under the direction of the | | commissioner. |
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| | | Sec. 31. 7 MRSA §§1803, 1805 and 1806 are amended to read: |
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| | | §1803. Transportation of diseased animals |
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| | | It shall be illegal is a violation of this chapter to haul, | | drive, truck or otherwise move into the State any domestic | | animals known to be infected with or exposed to any contagious or | | infectious disease or pathogen. |
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| | | §1805. Securing animals for treatment |
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| | | It shall be unlawful is a violation of this chapter for an | owner of domestic animals or his that owner's agent to refuse or | | neglect to secure and restrain domestic animals to be tested, | vaccinated, branded or tattooed, or otherwise treated, as to make | it possible for the commissioner, or his agent in charge of | livestock sanitary work, or his representative to apply in an | expeditious manner the test or other treatment that is deemed | necessary the commissioner may direct. |
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| | | The commissioner or his duly authorized agent may require | | proper disinfecting of stables and premises by the owner, where | | condemned diseased domestic animals are found, and may withhold | indemnity until he is satisfied that proper cleaning and | | disinfecting of premises have been completed. |
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| | | §1806. Disease control notifications |
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| | | It shall be unlawful is a violation of this chapter to tamper | | with, remove or alter eartags, labels, placards or notices | affixed or posted by the commissioner or his agent. |
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| | | No milk or dairy products shall be sold or offered for sale in | the State from any herd retaining known brucellosis reactors. |
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| | | Sec. 32. 7 MRSA §1806-A is enacted to read: |
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| | | §1806-A.__Prohibition of sales |
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| | | The commissioner may prohibit the sale of milk or milk | | products in the State from any herd of any species having any | | reportable disease or pathogen that may be transmitted in milk or | | milk products.__A livestock product or byproduct may not be sold | | or offered for sale from any herd having a reportable disease or | | pathogen that may be transmitted in those products. |
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| | | Sec. 33. 7 MRSA §1807, as amended by PL 1981, c. 197, §1, is | | repealed and the following enacted in its place: |
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| | | §1807. Illegal vaccinations |
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| | | A person other than a licensed veterinarian may not vaccinate | | cattle with brucellosis vaccine.__A licensed veterinarian may | | vaccinate cattle only with brucellosis vaccine that has been | | approved by the commissioner and only in accordance with | | vaccination ages as determined by the commissioner. |
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| | | The commissioner may prohibit a vaccination because the use of | | a vaccine may cause the presumption that an actual disease or | | pathogen is present in the State, but the commissioner may | | authorize any vaccination necessary to control an outbreak of a | | disease or to ameliorate the threat of an outbreak of a disease. |
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| | | Sec. 34. 7 MRSA §1808,, as amended by PL 1999, c. 547, Pt. B, §78 | | and affected by §80, is further amended to read: |
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| | | §1808. Sale of certain biologics |
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| | | A biological product capable of eliciting an immunological | | response offered for use in the treatment or prevention of | | diseases of domestic animals may not be produced, sold, | | distributed, imported or used within the State, or imported into | | the State for sale, distribution or use unless approval and | written permission has first been obtained from the commissioner, | or the commissioner's agent in charge of livestock sanitary work, |
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| | for the distribution and use of that product. The commissioner or | the commissioner's agent has the right to refuse permission for | | distribution, sale, importation or use of any such product within | | the State, and may require reporting of sale, distribution, | | importation or use of any such product within the State, if | | permission is granted. |
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| | | No An antigen used for diagnostic purposes in domestic animals | shall may not be produced in or shipped into the State without | the approval of the commissioner or his agent. |
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| | | No A person, firm or corporation, except a licensed | veterinarians, veterinarian shall may not offer for sale or | | distribution, within the State, any biological product containing | | living organisms or viruses offered for use in the treatment or | | prevention of diseases of domestic animals, without first | obtaining a permit to act as salesman a salesperson or | | distributor from the department. |
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| | | The commissioner shall, in a manner consistent with the Maine | Administrative Procedure Act, promulgate adopt rules and | regulations as to refrigeration, handling, shipping, disposing of | outdated material, and sale of such products. |
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| | | Failure to comply with this section or section 1807, or the | regulations adopted pursuant thereto, shall be is grounds for | revocation by the District Court of any permit granted pursuant | | to these sections. |
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| | | Sec. 35. 7 MRSA §1809, as amended by PL 1999, c. 765, §7, is | | repealed and the following enacted in its place: |
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| | | §1809. Permits for state entry |
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| | | Any person who imports animals into the State may be required | | by the commissioner to obtain a permit before the time of entry.__ | | The permit or permit number must accompany the shipment.__The | | commissioner may refuse to grant a permit or may issue one | | subject to quarantine at destination if the animals do not meet | | importation requirements.__The commissioner may require the owner | | to have those animals tested or examined by a veterinarian at the | | owner's expense. The commissioner may release those animals from | | quarantine only after the commissioner is satisfied that they are | | not a disease threat to other animals or humans. |
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| | | Animals brought into the State without a permit may be | | condemned by the commissioner and euthanized without indemnity. |
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| | | 1.__Rules. The commissioner shall, in a manner consistent with | | the Maine Administrative Procedure Act, adopt all rules the | | commissioner considers necessary to maintain the health of all | | animals under the department's authority imported into the State | | or offered for sale within the State. |
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| | | Sec. 36. 7 MRSA §§1810 and 1811 are amended to read: |
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| | | §1810. Agreement with United States Department of Agriculture and |
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| | | The commissioner or his agent is authorized to enter into | | agreements of cooperation in the name of the State with the | | United States Department of Agriculture and other states for the | | prevention, control and eradication of diseases among domestic | | animals. |
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| | | §1811. Health requirements for exhibit animals |
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| | | All domestic animals that are to be shown or exhibited in any | agricultural show within the State shall must meet the health | requirements of the rules and regulations of the commissioner. |
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| | | Sec. 37. 7 MRSA §1812, 3rd ¶, as amended by PL 1985, c. 545, is | | further amended to read: |
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| | | For the prevention and control of brucellosis, the | commissioner or his agent in charge of livestock sanitary work | | shall continue to conduct recognized tests on all the herds in | | the State as required to maintain United States Department of | | Agriculture certification that the State is free of brucellosis. | Such tests shall must be conducted by regularly employed federal | | or state veterinarians or technicians or authorized veterinarians | | and tested by the state laboratory. All animals showing a | positive reaction to the test shall must be identified by a | "reactor" ear tag and brand and shall must be slaughtered, except | | vaccinated animals under 14 months of age. |
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| | | Sec. 38. 7 MRSA §1812, 4th ¶, as amended by PL 1981, c. 197, §2, is | | further amended to read: |
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| | | Officially vaccinated calves, if purebred, shall must be | | properly identified by an official ear tag or registration papers | or tattoo number. Grade animals shall must be tagged with an | | official ear tag. All officially vaccinated calves must be | | tattooed with the official state tattoo mark. Evidence of | vaccination shall must be the official state tattoo mark and | | either a vaccination ear tag or a tattoo number. |
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| | | Sec. 39. 7 MRSA §1812, 5th ¶, as amended by PL 1985, c. 545, is | | further amended to read: |
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| | | Vaccine for cattle of this State shall be provided through the | commissioner as long as the vaccine is supplied by the Federal | Government. If the Federal Government does not supply the | vaccine, the The commissioner shall establish rules in accordance | | with the Maine Administrative Procedure Act, Title 5, chapter | | 375, establishing fees to cover costs of obtaining, storing and | | distributing vaccine to accredited veterinarians and defining | | approved sources and procedures to regulate the use of this | vaccine. The fees will accrue to a nonlapsing dedicated account | | to be used for obtaining, storing and distributing vaccine. |
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| | | Sec. 40. 7 MRSA §1812-A, as amended by PL 1977, c. 694, §128, is | | repealed and the following enacted in its place: |
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| | | §1812-A. Brucellosis in swine |
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| | | The commissioner shall, in a manner consistent with the Maine | | Administrative Procedure Act, formulate and implement rules for | | the prevention, control and eradication of brucellosis in swine.__ | | Where infection has been found, all swine must be quarantined to | | the premises until all swine in the infected herd are in | | compliance with rules or may be slaughtered as the commissioner | | may direct. |
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| | | Sec. 41. 7 MRSA §1813, sub-§1 is repealed and the following enacted | | in its place: |
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| | | 1.__Garbage.__"Garbage" means all waste material derived in | | whole or in part from the meat of any animal, including fish and | | poultry, or other animal material and other refuse of any | | character whatsoever that has been associated with any such | | material resulting from the handling, preparation, cooking or | | consumption of food, except that "garbage" does not include waste | | from ordinary household operations that is fed directly to swine | | on the same premises where such a household is located. |
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| | | Sec. 42. 7 MRSA §1814, as amended by PL 1979, c. 541, Pt. A, §70, | | is further amended to read: |
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| | | §1814. License to feed garbage |
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| | | No A person shall may not feed garbage to swine without first | procuring a license therefor from the commissioner or his duly | authorized agent. Such licenses shall A license may be procured | annually for a fee of $1 $25 and shall must be renewed on the | first day of June of each succeeding year. This section shall | does not apply to any person who feeds his that person's |
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| | own household garbage only to swine which that are raised for | | such a person's own use. |
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| | | Garbage, regardless of previous processing, shall must, before | | being fed to swine, be thoroughly heated to at least 212` | | Fahrenheit for at least 30 minutes, unless treated in some other | manner which shall that must be approved in writing by the | commissioner or his duly authorized agent. |
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| | | The commissioner or his duly authorized agent shall have the | power to may enter at reasonable times any private or public | property for the purpose of investing investigating conditions | | relating to the treating or feeding of garbage. |
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| | | When a disease condition exists that may be spread by the | | feeding of garbage, the commissioner may immediately suspend all | | garbage feeding licenses and place a moratorium on all garbage | | feeding in the State. |
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| | | Any person found feeding garbage to swine without a license | | commits a civil violation for which a forfeiture of not less than | | $250 nor more than $500 for an initial violation and not less | | than $500 nor more than $1,000 for a subsequent violation may be | | adjudged. |
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| | | Any person who feeds garbage to swine during a moratorium | | imposed by the commissioner is subject to a civil penalty of | | $5,000, payable to the State.__This penalty is recoverable in a | | civil action. |
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| | | Sec. 43. 7 MRSA §1817 is repealed. |
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| | | Sec. 44. 7 MRSA §1820, as amended by PL 1981, c. 21, §§1 and 2, is | | repealed and the following enacted in its place: |
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| | | §1820. Equine infectious anemia |
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| | | 1.__Definitions.__As used in this section, unless the context | | otherwise indicates, the following terms have the following | | meanings. |
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| | | D.__"Boarding stable" means any facility where equines of | | different ownership are housed for fees. |
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| | | E.__"Official test" means any test approved by the | | commissioner for the detection of equine infectious anemia.__ | | "Official test" includes, but is not limited to, the enzyme- | | linked immunosorbent assay, or ELISA test, and the agar gel | | immunodiffusion, AGID, or Coggins test. |
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| | | F.__"Quarantine" means to confine an equine to a stable or | | pasture in a manner that will prevent the spread of equine | | infectious anemia. |
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| | | 2.__Duties of commissioner.__The commissioner shall: |
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| | | A.__Require a negative Coggins test, taken within 36 months, | | on all equines raced on, exhibited at or stabled at race | | tracks, fairgrounds or boarding stables.__The commissioner | | shall require a negative test from all equines entering this | | State within 6 months before the date of entry.__Any equine | | not tested prior to entering this State must be quarantined | | until tested at the owner's expense; |
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| | | B.__Require that any equine having a positive test be | | immediately quarantined and isolated from other equines | | pending a 2nd test done by a state veterinarian; and |
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| | | C.__Require that all other equines remain on the premises | | pending an investigation and testing as the commissioner may | | determine necessary. |
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| | | 6.__Disposition of reactors.__Any equine that has a positive | | 2nd test pursuant to subsection 2 must be considered a reactor.__ | | A reactor must be: |
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| | | A.__Humanely euthanized within 7 days of the 2nd test.__ | | Euthanasia must be performed by a licensed veterinarian or | | as the commissioner may direct.__A veterinarian euthanizing | | a reactor shall report the euthanasia to the commissioner | | within 2 working days; |
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| | | B.__Freeze branded with a brand with an "11 EIA" no less | | than 4 inches in height on the left side of the neck and | | shipped directly to a United States Department of | | Agriculture slaughter facility under a federal order; or |
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| | | C.__Freeze branded with a brand with an "11 EIA" no less | | than 4 inches in height on the left side of the neck and | | permanently quarantined and isolated from all other equines.__ | | The reactor must be kept a minimum of 1/4 miles from the | | nearest paddock, pasture or barn having an equine species or | | may be kept within 1/4 miles if the reactor is immediately | | placed and kept at all times in a screened-in enclosure | | acceptible to the commissioner. |
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| | | This bill revises and updates the provisions for controlling | | and monitoring diseases affecting livestock and poultry. | | Additionally, it updates provisions governing livestock and | | poultry dealers, domesticated deer and animal auctions. |
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