An Act Concerning the Animal Health and Disease Control Laws LR 1895(02)
Maine Legislature, Session 121, LD 1583
Committee Amendment CA_A_S187 (Senate)
Amends: 7 MRSA §446, 7 MRSA §1331, 7 MRSA §1332, 7 MRSA §1333, 7 MRSA §1341, 7 MRSA §1342, 7 MRSA §1346, 7 MRSA §1452, 7 MRSA §1752, 7 MRSA §1808-A, 7 MRSA §1820-A, 7 MRSA §1821, 22 MRSA §2511, 22 MRSA §2823-B

COMMITTEE AMENDMENT "11,, to S.P. 542, L.D. 1583, Bill, 
Act Concerning the Animal Health and Disease Control Laws" 
"An 
Amend the bill by striking out everything after the enacting 
clause 
and 
before 
the 
summary 
and 
inserting its place 
the 
following: 
'Sec. 1. 7 MRSA §446, as repealed and replaced by PL 1979, c. 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's duly authorized 
agents may inspect any fruits, vegetables, poultry, eggs, 
farm 
products, 
sa~Qises livestock 
or 
other 
commodities 
that 
are 
marked, branded or labeled in accordance with official grades or 
standards established and p~e~~~~a~eQ 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, 
ye~~aa~es vegetables, 
poultry, 
eggs, 
farm 
products, 
sa~eises 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 asQ---6-iH-G1fie.s.--sba-l-l--ae 1& prima facie evidence in all 
courts of the State of the facts required to be stated in the 
certificate. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A .. to S.P. 542, L.D. 1583 
Sec. 2. 7 MRSA §§1309 and 1310 are enacted to read: 
S1309. 
Maine cattle health assurance program 
The 
commissioner 
shall 
develop 
a 
Maine 
cattle 
health 
assurance program to ensure the highest quality 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 
commissioner in consultation with the University of 
Maine Cooperative Extension, state and federal veterinarians and 
livestock producers in this State shall adopt rules for the 
administration of this section. 
Rules adopted pursuant to this 
section are routine technical rules 
as defined in Title 
5, 
chapter 375, subchapter 2-A. 
§1310. 
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. 3. 7 MRSA c. 202 is amended by repealing the chapter 
headnote and enacting in its place the following: 
2 
CBAP".l'ER 2 02 
CERVIDS 
Sec. 4. 7 MRSA §1331, as amended by PL 2001, c. 572, §§10 and 
11, is repealed. 
Sec. 5. 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 
*66*r-~-i-{)n--6 ~ 
subsection 3 and license and tagging fees collected under section 
1342, 
subsections 
and 4 must be deposited in the account. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 542, L.D. 1583 
Funds from this account may be used to pay for administrative 
costs associated with licenses issued under sections ±6;n 1333 
and 
1342, 
tags 
issued 
under 
section 
1342 
and 
other 
costs 
associated with administration and enforcement of this chapter 
and chapter 202-A. 
Sec. 6. 7 MRSA §1333 is enacted to read: 
SI333. 
Prqpagation and possession of ceryids 
1. 
Definitions. 
As used in this Title, unless the context 
indicates 
otherwise, 
the 
following 
terms 
have 
the 
following 
meanings. 
A. 
"Cervid" means 
a 
member of the cervidae family and 
hybrids, including deer, elk, caribou, reindeer and related 
species specified by the commissioner 
by rule with the 
written concurrence of the Commissioner of Inland Fisheries 
and Wildlife. 
s. 
"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. 
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. 
3. 
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. 
4. 
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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 542, L.D. 1583 
5. 
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. 
6. 
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 
cervid in the license holder's herd. 
7. 
Reyocation. 
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. 
8. 
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. 7. 7 MRSA §1341, sub-§4, as enacted by PL 1999, c. 765, 
§3, is repealed. 
Sec. 8. 7 MRSA §1341, sub-§4-A is enacted to read: 
4-A. 
Domesticated cervid. 
"Domesticated cervid" means 
a 
member of the cervidae family and hybrids, including deer. elk, 
caribou. reindeer and related species. 
Sec. 9. 7 MRSA §1341, sub-§5, as enacted by PL 1999, c. 765, 
§3, is amended to read: 
5. 
Larqe 
qanae. 
"Large 
game" 
means 
domesticated 
aee!' 
cervids, domesticated boar and domesticated bison. 
Sec. 10. 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 
;!,af'lJe--q.ame--~---t.h~-aee!' 
~ami;!'y domesticated cervids are enclosed is a minimum of 50 
acres. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" f\" to S.P. 542, L.D. 1583 
B. 
Each shooting zone in which large game other than t:liat: 
9f--t..fle-....Qe.e..F--.famHy domesticated ceryids 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 or other 
barriers sufficient 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 eeel' domesticated ceryids under chapter 
and harvests only eeel' domesticated ceryids 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. 11. 7 MRSA §1346, as enacted by PL 1999, c. 765, §3, is 
amended to read: 
§1346. 
License fees deposited in General Fund 
Notwithstanding 
seet:i9R--1-3-3-1-r-~-t.-i-E>fl--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 eeel? domesticated ceryid farms and commercial 
large 
game 
shooting 
areas 
and 
transport 
tag 
fees 
must 
be 
deposited in the General Fund. 
Sec. 12. 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, domesticated eel'vieae ceryids, poultry and other 
animals raised for food or fiber for sale by means of exchanges 
between an auctibneer and bidders. 
Sec. 13. 7 MRSA §l751, sub-§2, as amended by PL 2001, c. 572, 
§23, is further amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 542, L.D. 1583 
2. 
Domestic 
animals. 
"Domestic 
animals" 
means 
cattle, 
equines, goats, sheep, swine, cats, dogs, domesticated eel'viElae 
cervids or other domesticated animals; large game as defined in 
section 1341, subsection 5; and poultry. 
Sec. 14. 7 MRSA §1752, as amended by PL 2001, c. 572, §25, is 
further amended to read: 
§1752. 
Rules 
The 
commissioner 
shallT--i-a--a---manne-r---€e£-s-i-s-tent.--wi-th--1:ae 
)(ai:Re-....J>.GrA.in-~~W&--.p.,['~~-e--Ae1:T adopt rules thatT--.l-R--1:ae 
eemmi&&.l-eae~~&--~~--al'e necessary for the enforcement of 
chapters 201, 202, 202-A, 207, 301, 303 and 305. 
~ae&e-l'~~e&-aave 
1:ae--~e~ee--a&4-~~~-~--~r-~-~~--~---th-e--6ame--aEe--Re1: 
i:ReeR&i&1:eR1:--W.l-1:a--~A&--~-~-~~-~~~-~--9~--1;Re--YRi1:eQ 
S1:a1:e&T 
Rules 
adopted pursuant to this section are routine 
technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
Sec. 15. 7 MRSA §1808-A, first" 
as enacted by PL 2001, c. 
308, §1, is amended to read: 
A veterinarian licensed in this State 
may 
sell 
rabies 
vaccine to a person who owns cattle, sheep, goats or Ele~e&1:iea1:eQ 
Eleel' ceryids as defined in section 
~66~ 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. 16. 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 9 
li 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. 17. 7 MRSA §1821, as enacted by PL 1999, c. 765, §8, is 
amended to read: 
§1821. 
Maine chronic wasting disease surveillance program 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 542, L.D. 1583 
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 
j;eFFR---et 
~FaRsFRissi91e-speR~ij;eFFR-eB€epRa±epa~RY member of the family 
of 
transmissible 
spongiform 
encephalopathies 
to 
which 
cervids, as defined in section 1333, are susceptible. 
B. 
"Susceptible animal" means any animal, whether domestic 
or wild, belonging to a species that is capable or believed 
to be capable of contracting chronic wasting disease. 
2. 
Povers of cOlIDissioner. 
The commissioner may prohibit 
the importation of aRY ~ susceptible animal from a region, state 
or country where iR'eet;.w.a--9y chronic wasting disease has been 
aeeQFReR~ea confirmed. 
3. 
Prevention of chronic wasting disease. 
The commissioner 
shall monitor reports of 
iRj;eet;.i~R-9y confirmed cases of chronic 
wasting disease and communicate the contents of those reports to 
people 
involved 
in 
the 
production, 
care 
or 
management 
of 
susceptible animals. 
The commissioner shall monitor progress in 
aeve±epi:R~ the development of diagnostic tests and vaccinations 
for the disease and communicate the availability of tests and 
vaccines to people involved in the production, care or management 
of susceptible animals. 
*Re-€eFRffi4~~4e£e£-~~-~~-a-pFe~FaFR 
~e--~~~Rt;.r-~-~~--as--pessi91er-~~-~~~~~-~--eRFeRie 
was~iR~-aisease-iR-~Re-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 for participation in the program. 
Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 18. 22 MRSA §2511, sub-§13, as enacted 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 
±~~lT-SQ9See~ieR-±-A 1333, subsection 1 kept as domestic animals 
for ~Re-PQFpese-ej;-ei~ReF breeding stock or for sale as food. 
Sec. 19. 22 MRSA §2823-B, sub-§6, as enacted by PL 2001, c. 
308, §2, is amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 542, L.D. 1583 
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, llaJIIas members of the genus Lama, 
poultry, 
rabbits and 
Qe~estieateQ--Qee~ cervids as defined in 
Title 7, section 1661 1333, subsection 1. 
Sec. 
7. 
Appropriations 
and 
allocations. 
The 
following 
appropriations and allocations are made. 
AGRICULTURE, FOOD AND RURAL RESOURCES, DEPAR"l"MERT OF 
Division of Animal Health and Industry 
0394 
Initiative: 
Provides initial allocations for the Cattle Health 
Assurance Program Fund. 
Other Special Revenue Funds 
All Other 
Other Special Revenue Funds Total 
2003-04 
$500 
$500 
2004-05 
$500 
$500' 
SUMMARY 
This amendment makes several technical changes and rewrites 
certain provisions in the bill for clarification. 
It deletes 
language in the bill proposing fencing a minimum of 6 feet in 
height 
as 
the 
containment 
standard 
for 
large 
game 
shooting 
areas. 
The amendment also adds an appropriation to the bill. 
FISCAL :\OTE REQL'lRED 
(See attached) 
COMMITTEE AMENDMENT 
.. 
Appropriations/Allocations 
Other Special Revenue Funds 
Approved: 05/15/03 ~ac. 
Office of Fiscal and Program Review 
LD 1583 
An Act Concerning the Animal Health and Disease Control Laws 
LR 1895(02) 
Fiscal Note for Bill as Amended by Committee Amendment ,1\" 5 -I ~r; 
Committee: Agriculture, Food and Rural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
2003-04 
$500 
2004-05 
$500 
Projections 
2005-06 
$500 
Projections 
2006-07 
$500 
Correctional and Judicial Impact Statements 
Establishes new civil violations. 
Fiscal Detail and Notes 
As amended, the bill includes initial Other Special Revenue Funds allocations of $500 beginn!ng in fiscal year 2003-
to reflect the establishment of the Cattle Health Assurance Program Fund. The bill does not specify the source of 
revenue for the fund; the amounts that may be collected can not be determined at this time. 
LRI895(2) - Fiscal Note - Page 1 of 1