An Act Pertaining to the Breeding and Selling of Dogs and Cats
Sec. 1. 7 MRSA §3907, sub-§8-A, as amended by PL 2007, c. 702, §3, is further amended to read:
Sec. 2. 7 MRSA §3907, sub-§17, as amended by PL 2007, c. 702, §6, is further amended to read:
Sec. 3. 7 MRSA §3931-A, sub-§1, as amended by PL 1995, c. 490, §10, is further amended to read:
Sec. 4. 7 MRSA §3931-A, sub-§2, as amended by PL 2003, c. 405, §16, is repealed and the following enacted in its place:
Sec. 5. 7 MRSA §3931-A, sub-§5, as enacted by PL 2007, c. 702, §8, is amended to read:
The breeding kennel shall provide its license number to a person purchasing or receiving an animal from the breeding kennel.
Sec. 6. 7 MRSA §3931-A, sub-§6 is enacted to read:
Sec. 7. 7 MRSA §3936-A is enacted to read:
§ 3936-A. Noncompliance; subsequent inspection required
If, upon inspection under section 3936, the commissioner or the commissioner's designee finds a facility licensed under this chapter to be in violation of this chapter or rules adopted under this chapter, the commissioner or the commissioner's designee shall issue a written notice describing the violation, the required corrective action to be taken and the date by which the correction must be made. No fee is charged for the first follow-up inspection. If the corrective action has not been taken within the specified period and 2 or more follow-up inspections are needed in any calendar year, the department shall charge the licensee a fee equal to 50% of the original license fee for each follow-up inspection. The original notice of a violation must inform the licensee of the fee charged for follow-up inspections.
If the person operating the facility fails to complete corrective actions by the date noted in the original notice or a subsequent date specified by the department, the department may revoke, suspend or refuse to renew a license issued under this chapter pending an administrative proceeding held in accordance with Title 5, chapter 375, subchapter 5.
Sec. 8. 7 MRSA §4151, sub-§4-A, as enacted by PL 2007, c. 702, §22, is amended to read:
Sec. 9. 7 MRSA §4152, sub-§1, ¶A, as amended by PL 2007, c. 702, §23, is further amended to read:
(1) For sellers licensed with the United States Department of Agriculture, the name, address and United States Department of Agriculture license number of the breeder and any broker who has had possession of the animal . For sellers licensed with the State, the name, address of the seller and the license number issued under section 3931-A, 3933 or 4163;
(2) The date of the animal's birth;
(3) The date the seller received the animal if the animal was not born on the seller's premises;
(4) The breed, sex, color and identifying marks of the animal . If the breed is unknown or mixed, that fact must be stated;
(5) The individual identifying tag, tattoo , microchip identification number or collar number;
(6) For pure bred animals that are advertised as eligible for registration, the name and registration number of the sire and dam and , if available, the litter number; and
(7) A record of inoculations, worming internal or external parasite treatments, medication or any veterinarian treatment received by the animal while in the possession of the breeder or dealer seller and proof of veterinary examination as required under section 4153;
Sec. 10. 7 MRSA §4152-A is enacted to read:
§ 4152-A. Documents necessary for breed registration
Sec. 11. 7 MRSA §4153, as amended by PL 2007, c. 702, §24, is further amended to read:
§ 4153. Sale prohibited
A seller may not sell an animal that has not been examined by a veterinarian to determine the general health of the animal. Any health problem discovered must be disclosed at the time of sale under section 4152, subsection 1, paragraph A. Notwithstanding section 4152, a seller may not sell an animal that has any obvious clinical sign of infectious, contagious, parasitic or communicable disease or abnormality or has any disease, illness or condition that requires hospitalization or nonelective surgical procedures.
Sec. 12. 7 MRSA §4162, as repealed and replaced by PL 1997, c. 690, §55 and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read:
§ 4162. Additional penalties
Sec. 13. 17 MRSA §1011, sub-§8-A, as amended by PL 2007, c. 702, §38, is further amended to read:
Sec. 14. 17 MRSA §1011, sub-§17, as amended by PL 2007, c. 702, §40, is further amended to read:
summary
This bill implements recommendations of the working group convened by the Commissioner of Agriculture, Food and Rural Resources to evaluate the regulation of cat and dog breeding facilities.
1. It amends the definition of "breeding kennel" to specify that 5 or more female dogs capable of breeding is the threshold for needing a breeding kennel license.
2. It establishes 3 categories of kennel licenses and corresponding license fees based on the number of female dogs capable of breeding.
3. It directs the Department of Agriculture, Food and Rural Resources to issue a conditional license as the initial license for a new breeding kennel. The license remains conditional until the breeding kennel passes inspection.
4. It directs the department to issue a written notice when a licensed facility fails inspection. The notice must describe the violation and corrective action needed. It directs the department to charge a fee when more than 2 inspections are required to ensure that the corrective actions have been taken.
5. It authorizes the department to revoke, suspend or refuse to renew a license pending an administrative hearing.
6. It expands the definition of "seller" used in the Maine Revised Statutes, Title 7, chapter 745 to include those owners or keepers who advertise for sale more than one dog or cat a year and adds additional disclosure requirements for sellers.
7. It establishes a process to procure documents needed to register a dog or cat with a pedigree organization and to receive a refund when promised papers are not delivered.
8. It requires a seller to have a dog or cat examined by a veterinarian prior to sale.