An Act Concerning the Animal Health and Disease Control Laws
Maine Legislature, Session 121, LD 1583
Committee: Agriculture, Conservation and Forestry
Sponsors: BRYANT, PIOTTI, KNEELAND, COWGER
Amends: 7 MRSA §446, 7 MRSA §1302, 7 MRSA §1331, 7 MRSA §1332, 7 MRSA §1341, 7 MRSA §1342, 7 MRSA §1346, 7 MRSA §1452, 7 MRSA §1751, 7 MRSA §1752, 7 MRSA §1808-A, 7 MRSA §1820-A, 7 MRSA §1821, 7 MRSA §3907, 17 MRSA §1011, 22 MRSA §2511, 22 MRSA §2823-B

Legislative Document 
No. 1583 
S.P.542 
In Senate, April 28, 2003 
An Act Concerning the Animal Health and Disease Control Laws 
Submitted by the Department of Agriculture2 Food and Rural Resources pursuant to Joint 
Rule 204. 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Senator BRYANT of Oxford. 
Cosponsored by Representative PIOTTI of Unity and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senator: KNEELAND of Aroostook, Representative: COWGER of Hallowell. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA §446, as repealed and replaced by PL 1979, c. 
672, Pt. A, §17, is amended to read: 
§446. 
Inspections 
The commissioner or his the commissioner I s duly authorized 
agents may inspect any fruits, vegetables, poultry, eggs, farm 
products, 
saFaiBes 
livestock 
or 
other 
commodities 
that 
are 
marked, branded or labeled in accordance with official grades or 
standards established and pF9mQ~~a~ea adopted by the commissioner 
for the purpose of determining and certifying the quality and 
condition thereof and other material facts relative thereto. 
Certificates issued in pursuance of that inspection and executed 
by 
the 
inspector 
sha~~ ~ 
state 
the 
date 
and 
place 
of 
inspection, the grade, condition and approximate quality of the 
fruits, 
ve~~as~es vegetables, 
poultry, 
eggs, 
farm 
products, 
saFaiBes livestock or other commodities inspected and such other 
pertinent 
facts 
as 
the 
commissioner 
may 
require. 
Such 
a 
certificate relative to the condition or quality of the farm 
products aBa--6-a1"-4iae-s---sha-l-l--se is prima facie evidence in all 
courts of the State of the facts required to be stated in the 
certificate. 
Sec. 2. 7 MRSA §1302, sub-§3, as amended by PL 2001, c. 572, 
§4, is further amended to read: 
3. 
Livestock and poultry. "Livestock and poultry" includes 
all cattle, sheep, goats, swine, equines, poultry, 
a9mes~iea~eQ 
eeFviaae cervids and other animals raised for food or fiber. 
Sec.3. 7 MRSA §§1309 and 1310 are enacted to read: 
§1309. 
Cattle health assurance program 
The commissioner shall develop a cattle health assurance 
program. 
The purpose of the program is to ensure the highest 
guality supply of products by encouraging all livestock producers 
in this State to use best management practices. 
The department 
shall develop a farm assessment plan that provides for on-site 
evaluations of farms to assess and suggest ways to improve the 
health of herds, protect the health and safety of herds from 
disease and protect farms 
from environmental liability. 
The 
department shall consult with the University of Maine Cooperative 
Extension, the University of Maine System and state and federal 
veterinarians and livestock producers in this State. 
The commissioner shall adopt rules for the administration of 
this section. 
Rules adopted pursuant to this section are routine 
Page l-LR1895(1) 
technical rules as defined in Title 5. chapter 375. subchapter 
2-A. 
§13l0. 
Cattle Health Assurance Program Fund 
The Treasurer of State shall establish a separate account 
known as the Cattle Health Assurance Program Fund. 
This fund 
does not lapse but must be carried forward. 
Funds from this 
account may be used to pay for administrative costs associated 
with section 1309. 
Sec. 4. 7 MRS A c. 202 is amended by repealing the chapter 
headnote and enacting in its place the following: 
CBAP'JlR 202 
CERVIDS 
Sec.s. 7 MRSA §1331, as amended by PL 2001, c. 572, §§10 and 
11, is repealed. 
Sec. 6. 7 MRSA §1332, as enacted by PL 1999, c. 765, §2, is 
amended to read: 
§1332. 
Animal Industry Fund 
The Treasurer of State shall establish a separate account 
known as the Animal Industry Fund. 
This fund does not lapse but 
must be carried forward. 
Except as provided in section 1346, 
license fees collected under section 
l~~lT--&Ub&e-<J..t-i-on--a 1333. 
subsection 3 and license and tagging fees collected under section 
1342, subsections 3 
and 4 
must be deposited in the account. 
Funds from this account may be used to pay for administrative 
costs associated with licenses issued under sections 
l~~l 1333 
and 
1342, 
tags 
issued 
under 
section 
1342 
and 
other 
costs 
associated with administration and enforcement of this chapter 
and chapter 202-A. 
Sec.7. 7 MRS A §1333 is enacted to read: 
§1333. 
Pro.pagation a,nd possession of cervids 
1. 
Definitions. 
As used in this Title. unless the context 
indicates 
otherwise. 
the 
following 
terms 
have 
the 
following 
meanings. 
A, 
"Cervid" means 
a 
mem1;>er 
of the ceryidae family and 
hybrids. including deer. elk. caribou. reindeer and related 
species. 
B. 
"Discrepancy" means an instance in which a holder of a 
license under subsection 3 has failed to comply with a 
requirement under this Part. 
2. 
Specification of species. 
The 
commissioner 
may, 
by 
rule, specify as cervids related species in addition to the 
species listed in subsection 1, paragraph A. 
Additional related 
species may be specified only with the written concurrence of the 
Commissioner of Inland Fisheries and Wildlife. 
3. 
License. 
The commissioner may issue a license for the 
propagation, possession, purchase or sale of cervids. 
A holder 
of a license issued pursuant to this subsection may raise cervids 
at any season of the year. 
The fee for a license is $20 a year. 
Except 
as 
provided in section 1346, 
a 
license fee 
must 
be 
deposited in the Animal Industry Fund established in section 1332. 
4. 
Inspection. 
The commissioner or commissioner's designee 
shall conduct an inspection of an applicant's premises before the 
initial issuance or renewal of a license under subsection 3 or at 
any time during the pendency of a license under subsection 3 if 
the department believes the license holder is not in compliance 
with the provisions of this Part. 
5. 
Renewal. 
If an inspection for a renewal of a license 
under subsection 3 reveals a discrepancy, 
the inspector shall 
note the discrepancy on an inspection form. 
The commissioner may 
issue a temporary license under subsection 3 and give the license 
holder a reasonable amount of time to correct the discrepancy. 
Upon 
a 
subsequent inspection of the premises of a 
temporary 
license holder under this subsection, 
the 
commissioner shall 
renew the license under subsection 3 if the license holder has 
corrected all of the discrepancies noted on the inspection form 
from the prior inspection. 
6. 
Penalties. 
Any 
person 
engaged 
in 
the 
business 
of 
propagating, 
possessing, 
buying or selling cervids without 
a 
license under subsection 3 commits a civil violation for which a 
fine not to exceed $100 per day for each violation may be 
adjudged, except that the total of the fines may not exceed 
$25,000. 
7. 
Records. 
A holder of 
a 
license issued pursuant to 
subsection 3 shall maintain records that include the date and 
location of birth and the date of death or departure of each 
ceryid in the license holder's herd. 
8. 
Revocation. 
A license issued under this chapter may be 
suspended or revoked in a manner consistent with Title 5, chapter 
375, 
subchapter 
for 
a 
violation of 
this 
chapter. 
Upon 
revocation, a similar license may not be reissued to that person 
for a minimum of 5 years. 
9. 
Rules. 
The 
commissioner, 
in consultation with 
the 
Commissioner of Inland Fisheries and Wildlife, may adopt rules 
necessary for the administration of this chapter. 
Rules adopted 
pursuant 
to 
this 
subsection are 
routine 
technical 
rules 
as 
defined in Title 5, chapter 375, subchapter 2-A.. 
Sec. 8. 7 MRSA §1341, sub-§4, as enac ted by PL 1999, c. 765, 
§3, is repealed. 
Sec. 9. 7 MRSA §1341, sub-§4-A is enacted to read: 
A. 
Ceryid. 
"Ceryid" 
means 
a 
member 
of the cervidae 
family and hybrids, including deer, elk, caribou, reindeer and 
related species. 
Sec. 10. 7 MRSA §1341, sub-§5, as enac ted by PL 1999, c. 765, 
§3, is amended to read: 
5. 
Large 
game. 
"Large 
game" 
means 
a9fRest:ieat:ea--aeet" 
ceryids, domesticated boar and domesticated bison. 
Sec. 11. 7 MRSA §1342, sub-§§2 and 3, as enacted by PL 1999, c. 
765, §3, are amended to read: 
2. 
Land 
and facility requirements. 
To 
qualify 
for 
a 
license under this section, an applicant must demonstrate that 
the shooting area meets the following. 
A. 
Each shooting zone in which 
;!,at"'iJe--qarne--*--~£.e--aeet" 
EafRi;!,y cervids are enclosed is a minimum of 50 acres. 
B. 
Each shooting zone in which large game other than t:aat: 
9E-~~~-Eaf!li;!'y cervids are enclosed is a minimum of 200 
acres. 
C. 
The total area of land enclosed for 
commercial large game 
shooting area does 
acres. 
operation as 
a 
not exceed 400 
D. 
A shooting zone 
is encompassed by fencing 9t"--et:aeF 
eat"t"iet"s-s~EEieie8t: a minimum of 6 feet in height to contain 
the species of large game contained in that shooting area. 
E. 
The applicant owns or leases all of the land to be used 
as a commercial large game shooting area. 
3. 
Fees. 
The 
annual 
fee 
for 
a 
commercial 
large 
game 
shooting area is $1,000, 
except that the 
annual 
fee 
for 
a 
commercial large game shooting area is $500 for an operation that 
is 
licensed 
to 
possess 
aee~ cervids 
under 
chapter 
and 
harvests 
only 
aee~ cervids 
raised on that 
farm. 
Except 
as 
provided in section 1346, all fees paid for a 
license issued 
under this section must be deposited in the Animal Industry Fund 
established under section 1332. 
Sec. 12. 7 MRSA §1346, as enacted by PL 1999, c. 765, §3, is 
amended to read: 
§1346. 
License fees deposited in General Fund 
Notwithstanding 
seet;ieB--1-3-3-1-r-~-e-£-t-i-€)f}--6T section 1332.L 
section 1333, subsection 3 and section 1342, subsections 3 and 4, 
the first $1, 120 collected each year under those sections for 
license fees for 
aee~ cervid farms 
and commercial large game 
shooting areas and transport tag fees must be deposited in the 
General Fund. 
Sec. 13. 7 MRSA §1452, as repealed and replaced by PL 2001, 
c. 572, §14, is amended to read: 
§1452. 
Definitions 
As 
used 
in this 
chapter, 
unless 
the 
context 
otherwise 
indicates, "auction" means the offering of cattle, sheep, swine, 
goats, equines, aemest::ieat::eG-€e%viaae ceryids, poultry and other 
animals raised for food or fiber for sale by means of exchanges 
between an auctioneer and bidders. 
Sec. 14. 7 MRSA §1751, sub-§2, as amended by PL 2001, c. 572, 
§23, is further amended to read: 
2. 
Domestic 
animals. 
"Domestic 
animals" 
means 
cattle, 
equines, goats, sheep, swine, cats, dogs, aemest::i-eat;e.G-€9%vieae 
cervids or other domesticated animals; large game as defined in 
section 1341, subsection 5; and poultry. 
Sec. 15. 7 MRSA §1752, as amended by PL 2001, c. 572, §25, is 
further amended to read: 
§1752. 
Rules 
The commissioner 
shallT--.i-B---a---manne-r--€e-f'):6-i5-t.ent.--wi~h--t::ae 
MaiBe----l>.dm-i-n-is-t:-~We_-.p-1_e_e~-e---:-Aet;T adopt rules 
thatT--i-B--t::ae 
eemmi-ssi-9B-e-:r;:.!...S---juikJment."""")--a~e necessary for the enforcement of 
chapters 201, 202, 202-A, 207, 301, 303 and 305. 
~aese-~~les-aave 
t;ae--f9:r;:.e9--aBG-~~~&-~~--~r-~-~~--~--t~-5ame--a%e--Bet; 
iBeeBsis~eB~--wi~a--~h&--~-~--~~~-~~~-~--e~--~Re--YBi~ea 
S~a~esT 
Rules 
adopted pursuant to this section are 
routine 
technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
Sec. 16. 7 MRSA §1808-A, first 1(, as enacted by PL 2001, c. 
308, §l, is amended to read: 
A veterinarian 
licensed in this State 
may 
sell rabies 
vaccine to a person who owns cattle, sheep, goats or aeffies~iea~ea 
aeeF cervids as defined in section ;}'33;}' llll. 
A veterinarian 
who sells rabies vaccine in accordance with this section is not, 
as a result of selling the vaccine, liable for claims arising 
from the administration of the vaccine by the purchaser. 
Sec. 17. 7 MRSA §1820-A, sub-§2, ,A, as enacted by PL 2001, c. 
572, §49, is amended to read: 
A. 
Require a negative Coggins test, taken within 36 months, 
on 
all 
equines 
raced 
on, 
exhibited at 
or 
stabled at 
racetracks or fairgrounds. 
The commissioner shall require a 
negative test from all equines entering this State within e 
months before the date of entry and may require any 
equines to be tested prior to entering the State. 
Any 
equine not tested or required by the commissioner to be 
tested prior to entering this State must be quarantined 
until tested at the owner's expense; 
Sec. 18. 7 MRSA §1821, as enacted by PL 1999, c. 765, §8, is 
amended to read: 
§1821. 
Maine chronic wasting disease surveillance program 
1. 
Definitions. 
As 
used 
in 
context 
otherwise 
indicates, 
the 
following meanings. 
this 
section, 
following 
terms 
unless 
have 
the 
the 
A. 
"Chronic 
wasting 
disease" 
means 
any 
{eFffi---e{ 
~FaBsffiissia±e-sFeB~ifeFffi-eB€eFRa±eFa~aymember of the family 
of transmissible spongiform encephalopathies that affects 
all cervids, as defined in section 1333. 
T - - .. !.'-S\:x-s£-ep-t.-i hl-e- -afl-HRa-:J:.!!... --me-aB-& - aBY - -an-i-fl'lal~- ~\:,he-F- -aeffie s ~ i e 
eF-w-i~d7-~~~~~-a-sFeeies-~ha~-~~~~-&F--ae±ievea 
~e-ae-eaFaa±e-e€-eeB~Fae~iB~-eRFeBie-was~iB~-aiseaseT 
2. 
Powers of conmissioner. 
The commissioner may prohibit 
the importation of aBY £ susceptible animal from a region, state 
or country where 
iB€ee~i-Gn·-ay chronic wasting disease has been 
aeeWReB~ea confirmed. 
The commissioner shall monitor and make 
known confirmed cases of chronic wasting disease reported to the 
commissioner from any region, state or country. 
The commissioner 
shall 
make 
known 
the 
availability 
of 
diagnostic 
tests 
and 
vaccination. 
~T--P£ev~~~~-~~~&~~~-diseaseT--~ae-€effiffi4ssieRer 
saall-ffieRi~e£-£epe£~£-~-~~~~~~~~~~&~~~-ei&ea&e-aRe 
pre~ress-~£-~1~~~~&&&~~-~es~s-~£4-~~~~-~~-~ae 
eiseaseT--~ae-€emm4££~e£e~-£~~-~~~~~~-~-pFevea~r-se 
Ear--as--po-&&1b-1e-r-~ae-~-nt.-r~~~-G-E--eareRie--wa&t~~~isease iR 
~ae-S~a~eT 
4. 
Maine 
chronic wasting disease surveillance program; 
rules. 
The commissioner shall develop a chronic wasting disease 
surveillance program. 
The commissioner, in consultation with the 
Commissioner of Inland Fisheries and Wildlife, shall adopt rules 
to establish the requirements of the program. 
Rules adopted 
pursuant 
to this 
subsection are 
routine 
technical 
rules 
as 
defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 19. 7 MRSA §3907, sub-§18-A, as amended by PL 1997, c. 
456, §1, is further amended to read: 
18-A. 
Livestock. 
"Livestock" means cattle, equines, sheep, 
goats, swine-£. 
aRe-~~-o-at.-ed--eeerT cervids, ostriches, bison, 
members of the genus Lama and domesticated fowl and rabbits. 
Sec. 20. 17 MRSA §1011, sub-§18-A, as enacted by PL 1997, c. 
456, §11, is amended to read: 
18-A. 
Livestock. 
"Livestock" means cattle, equines, sheep, 
goats, swine-£. 
aae1-~~-o-at.-ed--eeerT cervids, ostriches, bison, 
members of the genus Lama and domesticated fowl and rabbits. 
Sec. 21. 22 MRSA §2511, sub-§ 13, as enac ted by PL 1999, 
c . 
771, §1, is amended to read: 
13. 
Domesticated deer. 
"Domesticated deer" means 
fallow 
deer, family Cervidae, subfamily Cervinae, genus Dama; red deer, 
family 
Cervidae, 
subfamily 
Cervinae, 
genus 
Cervus, 
species 
Elaphus; and any other species specified under Title 7, section 
1~~lr-s~a6ee~i9a-l-A 1333, subsection 1 kept as domestic animals 
for the purpose of either breeding stock or for sale as food. 
Sec. 22. 22 MRSA §2823-B, sub-§6, as enacted by PL 2001, c. 
308, §2, is amended to read: 
6. 
Lawful possession of hypodermic apparatuses by livestock 
owners. 
A person who owns livestock is authorized to possess and 
have 
control 
of 
hypodermic 
apparatuses 
for 
the 
purpose 
of 
administering antibiotics, vitamins and vaccines to treat medical 
conditions or promote the health of that person's livestock. For 
the 
purposes 
of 
this 
subsection, 
"livestock" 
means 
cattle, 
equines, sheep, goats, swine, llamas members of the genus Lama, 
poultry, 
rabbits and 
aeffies~iea~ea--aee~ cervids as defined in 
Title 7, section l66± 1333, subsection 1. 
SUMMARY 
This bill makes 
administrative and technical 
changes 
to 
importation requirements for certain livestock. 
It updates and 
clarifies standards for the licensing of deer and elk (cervid) 
farms. 
It 
establishes 
cervid 
importation 
requirements 
and 
outlines provisions for a chronic wasting disease surveillance 
program. 
It also 
outlines 
provisions 
for 
a 
cattle health 
assurance program.