An Act To
Maine Legislature, Session 123, LD 2171
Committee Amendment CA_A_H965 (House)
Amends: 7 MRSA §714, 7 MRSA §3907, 7 MRSA §3919-D, 7 MRSA §3931-A, 7 MRSA §3952, 7 MRSA §4011, 7 MRSA §4015, 7 MRSA §4016, 7 MRSA §4018, 7 MRSA §4019, 7 MRSA §4151, 7 MRSA §4152, 7 MRSA §4153, 7 MRSA §4155, 7 MRSA §4156, 7 MRSA §4157, 7 MRSA §4158, 7 MRSA §4159, 7 MRSA §4160, 7 MRSA §4163, 17 MRSA §10, 17 MRSA §1021, 17 MRSA §1031, 17 MRSA §1037, 17 MRSA §1037-A

COMMITTEE AMENDMENT ·A "to H.P. 1545, L.O. 2171, Bill. ""An Act To 
Amend the Animal Welfare Laws" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
·Sec. 1. 7 MRSA §714, sub-§l, as amended by PL 2007, c. 459, ~2, is further 
amended to read: 
1. 
Application for registration. 
A person may not distribute in this State a 
commcrcial feed. except a customer-formula feed, that has not been registered pursuant to 
this section. The application for registration must be submitted in the manner prescribed 
by the commissioner on forms furnished by the commissioner. The annual fee is $80 per 
product name for pet food except that and the total annual fee for a home-based 
manufacturer of pet food is UOO $80. The annual tee is $80 per product name for all 
other commercial feed. 
Upon approval by the commissioner the registration must be 
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issued to the applicant. All registrations expire on the 31 st day of December. 
The 
commissioner may issue a registration for a one-year, 2-year or 3-year period. 
Registrations for a period in excess of one year may only be issued with the agreement of 
or at the request of the applicant. The fce for a 2-ycar registration is 2 times the annual 
fec. The fee for a 3-year registration is 3 times the annual fec. 
Sec. 2. 7 MRS A §3907, sub-§8-A, as amended by PL 2005. c. 51 O. ~3. is further 
amended to read: 
8-A. Breeding kennel. "Breeding kennel" means a location where 5 or more adult 
dogs, wolf hybrids or cats capable of breeding are kept and some or all of the offspring 
are offered for sale, sold or exchanged for value or a location where more than 16 dogs or 
cats raised on the premises are sold to the public in a 12-month period. 
"Breeding 
kennel" does not include a kennel licensed by a municipality under section 3923-C when 
the dogs are kept primarily for hunting, show, training, mushing, field trials or exhibition 
purposes and not more than 16 dogs are offered for sale, sold or exchanged for value 
within a 12-month period. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT·A" to H.P. 1545, L.D. 2171 
Sec. 3. 7 MRSA §3907, sub-§12-D, as amended by PL 2001. c. 399, §4, is 
further amended to read: 
12-D. Dangerous dog. "Dangerous dog" means a dog that bites an individual or a 
domesticated animal who is not trespassing on the dog owner's or keeper's premises at the 
time of the bite or a dog that causes a reasonable and prudent person who is not on the 
dog owner's or keeper's premises and is acting in a reasonable and nonaggressive manner 
to fear imminent bodily injury by assaulting or threatening to assault that individual or 
individual's domestic animal. "Dangerous dog" does not include a dog certified by the 
State and used for law enforcement use. "Dangerous dog" does not include a dog that 
bites or threatens to assault an individual who is on the dog owner's or keeper's premises 
if the dog has no prior history of assault and was provoked by the individual immediately 
prior to the bite or threatened assault. 
For the purposes of this definition, "dog owner's or keeper's premises" means the 
residence or residences, including buildings and land and motor vehicles, belonging to the 
owner or keeper of the dog. 
Sec. 4. 7 MRSA §3907, sub-§15-B is enacted to read: 
IS-B. Humanely clean conditions. "Humanely clean conditions" means that both 
indoor areas and outdoor enclosures are cleaned on a periodic basis to remove excretions 
and other waste materials, dirt and trash with sufficient frequency to minimize health 
hazards and to provide adequately clean living conditions for the species of animal. 
Sec. 5. 7 MRSA §3907, sub-§ 17, as amended by PL 2003, c. 536, §2, is further 
amended to read: 
17. Kennel. 
"Kennel" means 5 or more dogs or wolf hybrids kept in a single 
location under one ownership for breeding, hunting, show, training, field trials &1*1, 
mushing or exhibition purposes. The sale or exchange of one I itter of puppies within a 
12-month period alone does not constitute the operation of a kennel. 
Sec. 6. 7 MRSA §3919-D is enacted to read: 
§3919-D. Temporary animal shelter 
The department may temporarily impound animals within an enclosure other than a 
Il(;~l1se.d.ani_maLsJ!elte,",--1!.l1d such an enclosure constitutes a temporary animal shelter. 
When animals are held at a temporary animal shelter for more than 21 days, the shelter 
must comply with the standards established by the department for licensed animal 
shelters. 
Sec. 7. 7 MRSA §3931-A, sub-§5 is enacted to read: 
5. License number requirements. A breeding kennel shall prominently displav in 
written advertising the state-issued kennel license number. 
The breeding kennel shall provide its license number to a person purchasing or receiving 
an animal from the breeding kennel. 
Sec. 8. 7 MRSA §3952, sub-§1, as amended by PL 2007, c. 170, § 1, is further 
amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT·A" to H.P. 1545, L.D. 2171 
1. Procedure. Any person who is assaulted or threatened with imminent bodily 
injury by a dog or any person witnessing an assault or threatened assault against a person 
or domesticated animal or a person with knowledge of an assault or threatened assault 
against a minor, within 30 days of the assault or threatened assault, may make written 
complaint to the sheriff, local law enforcement officer or animal control officer that the 
dog is a dangerous dog. For the purposes of this chapter, "domesticated animal" includes, 
hut is not limited to, livestock as defined in section 3907, subsection 18-A. 
Upon investigation of the complaint, the sheriff, local law enforcement officer or animal 
control officer may issue a civil violation summons for keeping a dangerous dog. 
If. upon hearing, the court finds that the dog is a dangerous dog as defined in section 
3907, subsection 12-0, the court may shall impose a fine and shall: 
A. 
Order the dog confined in a secure enclosure except as provided in subsection 8. 
For the purposes of this paragraph, "secure enclosure" means a fence or structure of 
at least 6 feet in height forming or making an enclosure suitahle to prevent the entry 
of young children and suitable to confine a dangerous dog in conjunction with other 
measures that may be taken by the owner or keeper, such as tethering the dangerous 
dog. The secure enclosure must be locked, be designed with secure top, bottom and 
sides and be designed to prevent the animal from escaping from the enclosure; or 
B. 
Order the dog to be euthanatized if it has killed, maimed or inflicted serious 
bodily injury upon a person or has a history of a prior assault. 
The court may order restitution in accordance with Title 17-A. chapter 54 for any 
damages inflicted upon a person or a person's property. 
Sec. 9. 7 MRSA §4011, sub-§1, ~H, as amended by PL 200 I, c. 425, ~2, IS 
further amended to read: 
H. 
Injects. inserts or causes ingestion of any substance used solely to enhance the 
performance of an animal by altcring the animal's metabolism to that animal's 
detriment, including but not limited to excessive levels of sodium bicarbonate in 
equines used for competition; ftf 
Sec. 10. 
MRSA §4011, sub-§1, ~I, as enacted by PL 2001, c. 425, ~3. IS 
amended to read: 
l. 
Kills or tortures an animal to frighten or intimidate a person or forces a persoll to 
injure or kill an animal~~ ()I 
Sec. t 1. 7 MRSA §4011, sub-§l, ~lJ is enacted to read: 
J. Confines an animal in a building, enclosure, car. boat, vehicle or vessel of any 
kind when extreme heat or extreme cold will be harmful to its health. 
Sec. 12. 7 MRSA §4011, sub-§2, ~B, as enacted by PL 1987, c. 383. ~3, is 
amended to read: 
B. 
The condud was designed to control or eliminate rodents. ants or other common 
pests on the defendant's own property: ef 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"f!" to H.P. 1545, L.D. 2171 
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Sec. l3. 7 MRSA §4011, sub-§2, ~C, as amended by PL 2003. c. 414. Pt. 8. § 15 
and affected by c. 614, §9, is further amended to read: 
C. 
The conduct involved the use of live animals as bait or in the training of other 
animals in accordance with the laws of the Department of Inland Fisheries and 
Wildlife, Title 12, Part 13~;.Q[ 
Sec. 14. 7 MRS A §4011, sub-§2, ~D is enacted to read: 
D. The animal is kept as part of an agricultural operation and in compliance with best 
management practices for animal husbandry as determined by the department. 
Sec. 15. 7 MRSA §4015, sub-§2, ~[C, as amended by PL 2007, c. 439, §27, is 
repealed. 
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Sec. 16. 7 MRSA §4016, sub-§3 is enacted to read: 
3. Affirmative defenses. It is an affirmative defense to alleged violations of this 
chapter that the animal was kept as part of an agricultural operation and in compliance 
with best management practices for animal husbandry as determined by the department. 
Sec. 17. 7 MRSA §4018, sub-§I, as cnactcd by PL 200 I, c. 422, § I I, is amended 
to read: 
1. Report by veterinarian. A Except as provided in subsection I-A, a veterinarian 
licensed in accordance with Title 32, chapter 71-A who, while acting in a professional 
capacity, has reasonable calise to sllspect that an an imal is the subject of cruelty or 
neglect in violation of this chapter or Title 17, chapter 42, may report the suspected 
violation to the commissioner, or the commissioner's designee. an animal control officer. 
attomey for the State or law enforcement officer. A veterinarian making a report under 
this section may appear and testify in a judicial or administrative proceeding concerning 
the condition or care of the animal. 
Sec. 18. 7 MRSA §4018, sub-§I-A is enacted to read: 
I-A. Report by veterinarian required. A veterinarian licensed in accordance with 
Title 32, chapter 7l-A who, while acting in a professional capacity, has reasonable cause 
to suspect that an animal is the subject of aggravated cruelty under Title 17, section 103 I, 
subsection 1-8 shall repmi the suspected violation to the commissioner or the 
commissioner's designee. A veterinarian making a report under this section may appear 
<!!l~testify in a judicial or administrative proceeding concerning the condition or care of 
the animal. 
Sec. 19. 7 MRSA §4019 is enacted to read: 
§4019. Removal from unattended motor vehicle 
1. 
Removal authorized. 
A law enforcement officer, humane agent or animal 
control officer may take all steps that are reasonably necessary to remove an animal from 
a motor vehicle if the animal's safety, health or well-being appears to be in immediate 
danger frombe~<llii or lack of adequate ventilation and the conditions could 
reasonably be expected to cause extreme suffering or death. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT A" to H.P. 1545, L.n. 2171 
2. Notice required. A law enforcement officer, humane agent or animal control 
officer who removes an animal in accordance with subsection I shall, in a secure and 
l:onspicuous location on or within the motor vehicle, leave written notice bearing the 
officer's or agent's name and office and the address of the location where the animal may 
be claimed. The owner may claim the animal only after payment of all charges that have 
accrued for the maintenance, care, medical treatment and impoundment of the animal. 
3. Immunity. A law enforcement officer, humane agent or animal control officer 
who removes an animal from a motor vehicle pursuant to subsection I is immune from 
criminal or civil liability that might otherwise result from the removal. 
Sec. 20. 
MRSA §4151, sub-§4, as amended by PL 2007, c. 439, §31, IS 
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repealed. 
Sec. 21. 7 MRSA §4151, sub-§4-A is enacted to read: 
4-A. Seller. "Seller" means the owner or operator of a breeding kennel as defined in 
section 3907, subsection 8-A or the owner or operator of a pet shop as defined in section 
3907, subsection 23. 
"Seller" includes animal dealers required to be licensed by the 
United States Department of Agriculture. "Seller" does not include humane societies, 
nonprofit organizations performing the functions of humane societies or animal shelters 
licensed in accordance with section 3932-A. 
Sec. 22. 7 MRSA §4152, as amended by PL 1997, c. 690, §51, is further amended 
to read: 
§4152. Disclosure 
1. Required disclosure. A pet dealer seller shall deliver to a purchaser of an animal 
a written disclosure containing the following: 
A. 
An animal history that includes: 
(I) 
For pet dealers 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 
(2) The date of the animal's birth; 
(3) The date the pet dealer seller received the animal; 
(4) The breed. sex. color and identitying marks ot"the animal: 
(5) The individual identitying tag, tattoo or collar number: 
(6) For pure bred animals, the name and registration number of the sire and dam 
and the litter number; and 
(7) 
A record of inoculations, worming treatments, medication or any 
veterinarian treatment received by the animal while in the possession of the 
breeder or dea ler: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A~ .. to H.P. 1545, L.D. 2171 
B. 
A statement signed by the pet dealer seller that the animal at time of delivery has 
no known health problem or a statement disclosing any known health problem. 
The statement must include the date at which the tI-eakT seller is aware that the animal 
was last seen by a veterinarian; 
C. 
A pet dealer seller who represents an animal as eligible for registration with an 
animal pedigree organization shall provide the retail purchaser with a notice stating 
that pedigree registration does not assure health or quality of an animal; and 
D. 
The pet dealer seller shall indicate whether or not, to the pet dealer't. seller's 
knowledge, the animal or its sire or dam is registered with, and whether the animal is 
certified by any organization that maintains a registry pertaining to congenital or 
hereditary problems and explain the meaning of these terms. 
2. Optional disclosure. The pet dealer seller may provide the purchaser with a list 
of congenital or hereditary problems that are known to affect the breed being purchased 
and a I ist of any health problems for which the tI-eakT seller does not warranty the animal. 
3. Disclosure procedures. The following disclosure procedures must be followed. 
A. 
The disclosure required by subsection I must be made part of the statement of 
consumer rights set forth in section 4160. 
B. 
The written disclosure made pursuant to this section must be signed by both the 
pet dealer seller certifying the accuracy of the statement and by the purchaser of the 
animal acknowledging receipt of the statement. 
C. 
The 6ea1er seller shall make a prospective purchaser aware that the purchaser 
may see this information prior to purchase. 
Sec. 23. 7 MRSA §4153, as enacted by PL 1995, c. 589, § I, is amended to read: 
§4153. Sale prohibited 
Notwithstanding section 4152, a pet dealer 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. 24. 7 MRSA §4155, sub-§2, as enacted by PL 1995. c. 589, g I, is amended 
to read: 
2. Death; remedies. When an animal dies due to a health problem that would have 
rendered the animal unfit for sale pursuant to subsection I, and that health problem 
existed in the animal at the time of delivery to the purchaser but was not disclosed under 
the provisions of section 4152, the pet dealer seller shall provide the purchaser with one 
of the tollowing remedies selected by the purchaser: 
A. 
An animal of equal value. if available; or 
B. 
A refund of the full purchase price of the animal. 
Sec. 25. 7 MRSA §4155, sub-§3, as enacted by PL 1995, c. 589, § I, is amended 
to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. ft., tu H.P. 1545, L.D. 2171 
3. Health problem; remedies. When an animal has a health problem that renders 
the animal unfit for sale pursuant to subsection I, and that health problem existed in the 
animal at the time of delivery to the purchaser but was not disclosed under the provisions 
of section 4152, the pet dealer seller shall provide the purchaser with one of the following 
remedies selected by the purchaser: 
A. 
Return of the animal to thc pet dealer scllcr for a rcfund of the full purchase 
price of the animal; 
B. 
Exchange of the animal for an animal of the purchaser's choice of equivalent 
value, providing a replacement is available; or 
C. 
Retainment of the animal and reimbursement for 1/2 of the reasonable veterinary 
fees not to exceed 1/2 of the original purchase price of the animal. 
Sec. 26. 7 MRSA §4155, sub-§5, as enacted by PL 2007, c. 439, §32, is amended 
to read: 
5. Sellers not exempt. Pet dealers Sellers may not, contractually or otherwise, 
exempt themselves from the remedies provided by this section lor deaths or health 
problems caused by infectious, contagious, parasitic or communicable disease. 
Sec. 27. 7 MRSA §4156, sub-§l, as enacted by PL 1995, c. 589, § I, is amended 
to read: 
1. Veterinary diagnosis. The purchaser must notify the pet dealer seller, within 2 
business days, of the diagnosis by a veterinarian of a hcalth problcm and provide the ~ 
Jea.Ier seller with the name and telephone number of the veterinarian and a copy of the 
veterinarian report on the animal. 
Sec. 28. 7 MRSA §4156, sub-§2, as enacted by PL 1995, c. 589, § I, is amended 
to read: 
2. Refund. If the purchaser wishes to receive a full refund for the animal, the 
purchaser must return the animal no later than 2 business days after receipt of a written 
statement from a veterinarian indicating that the animal is unfit due to a health problem. 
With rcspect to a dead animal, the purchaser must provide the pet dealer seller with a 
written statement from a veterinarian indicating that the animal died from a health 
problem that existed on or before the receipt of the animal hy the purchaser. 
Sec. 29. 7 MRSA §4157, as amended hy PL 2007, c. 439, §33. is further amended 
to read: 
§4157. Rights of seller 
1. Refusal to sell. A pet dealer seller may refuse to sell an animal to a potential 
purchaser who appears not to accept or understand the provisions of this chapter. 
2. Exemption from purchaser remedies. A refund, replacement or reimbursement 
of veterinary fees is not required if anyone or more of the following conditions are met. 
A. 
The health problem or death of the animal resulted from maltreatment, neglect 
or a disease contracted while in the possession of the purchaser or from an Il1JUI)' 
sustained subsequent to receipt of the animal by the purchaser. 
COMMITTEE AMENDMENT 
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COM 1\1 ITTF:F: AMF:NDMENT .. r+" to II.P. 1545, L.D. 2171 
B. 
A disclosure statement was provided to the purchaser pursuant to section 4152 
that disclosed the health problem for which the purchaser seeks to return the animal. 
C. 
The health problem is a hereditary or congenital one covered by section 4152. 
Sec. 30. 7 MRSA §4158, sub-§l, as enacted by PL 1995, c. 589, §I, is amended 
to read: 
1. Demand for remedy; contest. When a pet dealer seller wishes to contest a 
demand for lhe remedy specified in section 4155, the pet dealer seller may require the 
purchaser to produce all the veterinarian's records and the animal for examination or 
autopsy by a veterinarian designated by the pet dealer seller. The veterinarian designated 
by the seller must be practicing at a veterinary clinic within 100 miles of the purchaser's 
residence. The pet dealer seller shall pay the cost of this examination or autopsy. The pet 
tiealef seller has a right of recovery against the purchaser if the pet dealer seller is not 
obi igated to provide a remedy under section 41 55. 
Sec. 31. 7 MRSA §4158, sub-§2, as amended by PL 1997. c. 690, §53, is further 
amended to read: 
2. Right to court action. If the pet dealer seller does not provide the remedy 
selected by the purchaser set forth in section 4155, the purchaser may initiate a court 
action. 
The prevailing party in the court action has the right to recover costs and 
reasonable attorney's fees. 
Sec. 32. 7 MRSA §4159, as enacted by PL 1995, c. 589, § I, is amended to read: 
§4159. Posted notice 
A pet dealer seller whose facility has public access shall post, in a prominent location 
in the area to wh ich a prospective purchaser would have access. a notice printed in a 
minimum of 48-point, bold-faced type and containing the following language: 
"YOU ARE ENTITLED TO A STATEMENT OF CONSUMER RIGHTS AND 
DISCLOSURE 
OF 
YOUR 
ANIMAL'S 
HEALTH 
HISTORY 
AND 
THE 
WARRANTY ON YOUR ANIMAL. YOU MAY ASK TO SEE THESE ITEMS 
PRIOR TO PURCHASE. MAKE SURE YOU RECEIVE THESE ITEMS AT THE 
TIME OF PURCHASE." 
Sec. 33. 7 MRSA §4160, sub-§l, as enacted by PL 1995, c. 589. §1. is amended 
to read: 
l. Written notice. A pet dealer seller shall provide the purchaser a written notice of 
rights, signed by the pet dealer seller, certifying the accuracy of the information contained 
in the notice. 
The notice must be signed by the purchaser. acknowledging that the 
purchaser has reviewed and understood the written notice. 
A signed copy must be 
retained by the pet dealer seller and one copy given to the purchaser. The notice mllst be 
in a minimum of 16-point. bold-faced type and must state the following: 
"A STATEMENT OF MAINE LAW GOVERNING THE SALE OF DOGS AND 
CATS: 
The sale of dogs and cats is subject to consumer protection regulations. Maine law 
also provides safeguards to protect pet dealers sellers and animal purchasers. 
COMMITTEE AMENDMENT 
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COMMITTEE A~ENnMENT .. f+" to H.P. 1545, L.D. 2171 
Attached is a copy of the Maine Revised Statutcs. Title 7, chapter 745. Contained in 
this law is a statement of your consumer rights and remedies. Also attached is your 
pet's health history and specific warranty information." 
Sec. 34. 7 MRSA §4160, sub-§2, as enacted by PL 1995, c. 589, §I, is amended 
to read: 
2. 
Oral notice. 
In addition, all medical information required to be disclosed 
pursuant to this section must be orally disclosed to the purchaser by the tleiHer ieller prior 
to purchase. 
Sec. 35. 7 MRSA §4163, first~, as enacted by PL 2007. c. 439. §34, is amended 
to read: 
A person may not advertise for sale, sell or exchange for value more than one cat or 
dog under the age of6 months in a 12-month period unless that person has a valid animal 
shelter, kennel, breeding kennel or pet shop license or a valid vendor's license issued 
under this section. 
Sec. 36. 7 MRSA §4163, suh-§t, as enacted by PI, 2007, c. 439, §34, is amended 
to read: 
1. Vendor's license; fee. A person may apply for a vendor's license by completing 
and submitting to the department an application form provided by the department aleflg 
with a $25 vendor's license fee. Upon receipt of a completed application and the fee, the 
department shall issue a vendor's license and an identifying license number that is valid 
for a period of 6{J 90 days from the date of issuance. A person is entitled to one vendor's 
Ikense !nJ:l12-month period at no charge. A fee of $25 must be submitted with each 
additional application for a vendor's license within a 12-month period. 
Sec. 37. 17 MRSA §10tt, sub-§8-A, as amended by PI, 2005. c. 510. §9. IS 
further amended to read: 
8-A. Breeding kennel. "Breeding kennel" means a location where 5 or more adult 
dogs. wolf hybrids or cats capable of breeding are kept and some or all of the offspring 
arc offered for sale, sold or exchanged for value or a location where more than 16 dogs or 
cats raised on the premises are sold to the public in a 12-month period. 
"Breeding 
kennel" does not include a kennel licensed by a municipality under Title 7, section 3923-
C when the dogs are kept primarily for hunting, show,- training, mush in&- fiel<;ltrials--2r 
exhibition purposes and not more than 16 dogs are offered for sale. sold or exchanged for 
value within a 12-month period. 
Sec. 38. 17 MRSA §tOll, sub-§15-B is enacted to read: 
IS-B. Humanely clean conditions. "Humanely clean conditions" means that both 
indoor areas and outdoor enclosures are cleaned on a periodic basis to remove excretions 
!lnd other waste materials. dirt and trash with sufficient frequency to minimize health 
hglzard~ and to Qfovide adequately clean living conditions for the species of animal. 
Sec. 39. 17 MRSA §lOl1, sub-§17, as enacted by PL 1987. c. 383. §4. IS 
amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT • .[+., to H.P. 1545, L.D. 2171 
] 7. Kennel. "Kennel" means one pack or collection of dogs kept in a single location 
under one ownership for breeding, hunting, show, training, field trials atIt1 , mushing or 
exh ibition purposes. 
Sec. 40. 17 MRSA §1021, sub-§I, ~A, as enacted by PL 1987, c. 383, §4, is 
amended to read: 
A. 
To take possession of any maimed, disabled, diseased, dehydrated, malnourished 
or injured animal or any animal whose owner has ~ 
abandoned or cruelly 
treated it and turn over the animal to the applicant or other suitable person; or 
Sec. 41. 17 MRSA § 1021, sub-§3, as enacted by PL 1987, c. 383, §4, is amended 
to read: 
3. Hearing. If it appears at the hearing that the animal has been cruelly abandoncd 
or cruelly treated by its owner or the animal is maimed, disabled, diseased, dehydrated, 
malnourished or injured, the court shall: 
A. 
Direct the applicant or other suitable person to take possession of and provide 
for the animal, order its sale, adoption, donation or return of the animal to its owner 
or placement; or 
B. 
Order the animal to be disposed of humanely if, given reasonable time and care, 
the animal's recovery is doubtfulo,;."Qr 
C. If appropriate, allow the animal to be returned to its owner. 
Sec. 42. 17 MRSA §1021, sub-§4, ~A, as amended by PL 1997, c. 690, §63, is 
further amended to read: 
A. 
A state veterinarian, humane agent, sheriff, deputy sheriff, constable, police 
officer, animal control officer, person authorized to make arrests or the commissioner 
may apply to the District Court, Superior Court or a justice of the peace for an ex 
parte order for authorization to take possession of any maimed, disabled, diseased, 
dehydrated, malnourished or injured animal or any animal whose owner has ~ 
abandoned or cruelly treated it and turn it over to the applicant or any other suitable 
person. 
An order may be entered ex parte upon findings by the eourt or justice of the peace 
that there is a reasonable likelihood that: 
(I) The defendant is not subject to the jurisdiction of the court for the purposes 
of a hearing or the owner cannot be found by reasonable diligence or is out-o/'-
state although a resident of this State, and there is a danger that unless immediate 
action is takcn: 
(a) 
The condition of an injured, overworked, tormented. tortured, 
abandoned, poisoned or mutilated animal, or animal deprived of necessary 
sustenance. necessary med ical attention, proper shelter or protection from the 
weather or humanely clean conditions will be substantially impaired or 
worsened: 
(b) The animal's life will be jeopardized; or 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT It,,;, to H.P. 1545, L.D. 2171 
(l:) 
A great degree of medical attention will be nel:essary to restore the 
animal to a normal, healthy condition; 
(2) There is a clear danger that if the owner or the owner's agent is notified in 
advance of the issuance of the order of court. as provided in subsection 3. the 
owner or the owner's agent may remove the animal from the State. conceal it or 
otherwise make it unavailable; 
(3) There is immediate danger that the owner or the owner's agent will kill or 
injure the animal; or 
(4) An animal is being or has been injured. overworked. tormented. tortured. 
abandoned, poisoned, mutilated, or deprived of necessary sustenance, necessary 
medical attention, proper shelter or protection from the weather or humanely 
clean conditions and, unless an ex parte order issues allowing the applicant to 
take possession of the animal. the animal will die, its condition will be 
substantially impaired or worsened or medical attention will be necessary to 
restore the animal to a normal, healthy condition. 
Sec. 43. 17 MRSA §1021, sub-§5-A, as amended by PL 1995, c. 490, §24. is 
further amended to read: 
5-A. Seizure by state humane agent or state veterinarian without court order. 
A state humane agent or a state veterinarian who has reasonable cause to believe that a 
violation of section 1031 or 1032 has taken place or is taking place may take possession 
of and retain the cruelly treated animal. Upon taking possession of an animal under this 
section. the humane agent or the state veterinarian shall present the owner with a notice 
that: 
A. 
States the reason for seizure; 
B. 
Gives the name. address and phone number of the humane agent or the state 
veterinarian to contact for information regarding the animaL and 
C. 
Advises the owner orthe ensuing court procedure. 
If the owner can not bc found. the humane agent or the statc vetcrinarian shall scnd a 
copy of the notice to the owner at the owner's last known address by certified mail, return 
receipt requested. If the owner is not known or can not be located. the humane agent or 
the state veterinarian shall contact the animal shelter or shelters used by the municipality 
in which the animal was found. The humane agent or the state veterinarian shall provide 
the shelter with a description of the animal. the date of seizure and the name of a person 
to contact for more information. 
Within 3 working days of possession of the animal, the humane agent or the state 
veterinarian shall apply to the court for a possession order. The court shall set a hearing 
1,7 
date and that hearing date must be within M Ii days of the date the animal was seized. 
1,8 
The humane agent or the state veterinarian shall arrange care for the animaL including 
1,9 
medical treatment. if necessary. pending the hearing. 
The humane agent or the state veterinarian shall notify the owner. if located, of the time 
and place of the hearing. If the owner has not been located, the court shall order a notice 
to be published at least once in a newspaper of general circulation in the county where the 
COMMITTEE AMENDMENT 
~~ 
n 
\\' 
CO;\1MITTEE AMENDMENT "(-t" to H.P. 1545, L.D. 2171 
animal was found stating the case and circumstances and giving 48 hours notice of the 
hearing. 
It is the owner's responsibility at the hearing to show cause why thc animal should not be 
seized permanently or disposed of humanely. If it appears at the hearing that the animal 
has been 6ft:leHy abandoned or cruelly treated by its owner, the court shall declare the 
animal forfeited and order its sale, adoption or donation or order the animal to be 
disposed of humanely if a veterinarian determines that the animal is diseased or disabled 
beyond recovery. 
Sec. 44. 17 MRSA §1031, sub-§l, ~.I, as amended by PI, 2003, c. 452. PL I. ~13 
and affected by Pt. X, §2, is further amended to read: 
II 
J. 
Kills or tortures an animal to frighten or intimidate a person or forces a person to 
injure or kill an animal. Violation of this paragraph is a Class D crime; ef 
Sec. 45. 17 MRSA §1031, sub-§I, ~J-l, as enacted by PL 2003, c. 452, Pt. I, 
§ 13 and affected by Pt. X, §2, is amended to read: 
J-I. 
Violates paragraph J and, at the time of the offense, has 2 or more prior 
convictions for violations of this section, section 1032 or essentially similar crimes in 
other jurisdictions. Violation of this paragraph is a Class C crimeo;..,Q[ 
Sec. 46. 17 MRSA §1031, sub-§I, ~K is enacted to read: 
K. Confines an animal in a building, enclosure, car, boat, vehicle or vessel of any 
kind when extreme heat or extreme cold will be harmful to its health. Violation of 
this paragraph is a Class D crime. 
Sec. 47. 17 MRSA §1031, sub-§l-B, as amended by PL 2005, c. 281, §8 and c. 
397, Pt. F, § I, is further amended to read: 
1-8. Aggravated cruelty to animals. A person is guilty or aggravated cruelty to 
animals if that person, in a manner manifesting a depraved indifference to animal life or 
suffering, intentionally, knowingly ef, recklessly or with criminal negligence: 
A. 
Causes extreme physical pain to an animal; 
B. 
Causes the death of an animal; or 
C. 
Physically tortures an animal. 
Violation of this subsection is a Class C crime. Notwithstanding Title 17-A, section 
I, the court shall impose a fine of not less than $1,000 and not morc than $10,000 for 
a first or subsequent violation of this subsection. The sentencing provisions in subsection 
3-8 also apply to a person convicted of aggravated cruelty to animals. 
Sec. 48. 17 MRSA §l031, sub-§2, as amended by PL 2003, c. 414, Pt. 8, §31 
and c. 452, Pt. I, § 17 and affccted by Pt. X, §2 and c. 614, §9. is further amended to read: 
2. Affirmative defense. It is an affirmative defense to prosecution under this section 
that: 
A. 
The defendant's conduct conformed to accepted veterinary practice or was a part 
of scientific research governed by accepted standards; 
COMMITTEE AMENDMENT 
II 
'J" 
-.) 
COMMITTEE AMENDME:'IIT -Il, to H.P. 1545, L.D. 2171 
B. 
The defendant's conduct or that ofthe defendant's agent was designed to control 
or eliminate rodents, ants or other common pests on the defendant's own property; eT 
C. 
The defendant's conduct involved the use of live animals as bait or in the training 
of other animals in accordance with the laws of the Department of Inland Fisheries 
and Wildlife, Title 12. Part 13~~ 
D. The animal is kept as part of an agricultural operation and,in compliance with best 
management practices for animal husbandrv as determined by the Department of 
Agriculture, Food and Rural Resources. 
Evidence of proper care of any animal is not admissible in the defense of alleged cruelty 
to other animals. 
Sec. 49. 17 MRSA §1037, sub-§2, ~, as amended by PL 2005, c. 340, §3. is 
further amended to read: 
B. 
Except as provided in subsections 5 and 7, shelter from inclement weather must 
be as follows provided according to this paragraph. 
(I) An artificial shelter, with a minimum of 3 sides and a waterproof roof, 
appropriate to the local climatic conditions for the species concerned and breed of 
the animal must be provided as necessary for the health of the animal. 
(2) If a dog is tied or confined unattended outdoors under weather conditions that 
adversely affect the health of the dog, a shelter of suitable size with a floor above 
ground and waterproof roof must be provided in accordance with subsection 7, 
paragraph A to accommodate the dog and protect it from the weather and, in 
particular, li'om severe cold. Inadequate shelter may be indicated by the shivering 
of the dog due to cold weather for a continuous period of JQ lQ minutes or bv 
svmptoms of frostbite or hvpothennia. A metal barrel is not adequate shelter for 
a dog. 
Sec. 50. 17 MRSA §1037, sub-§2, ~C, as enacted by PL 1987, c. 383, §4, is 
repealed. 
Sec. 51. 17 MRSA §1037-A is enacted to read: 
§1037-A. Affirmative defense 
It is an affirmative defense to alleged violations of sections 1035, 1036 and Ion that 
th~limal~~J!~ of an agrieulturaiQI1erationand In.~mpliance with. besl 
management practices for animal husbandry as detcrmined by the Department of 
Agriculture, Food and Rural Resources. 
Sec. 52. Appropriations and allocations. The following appropriations and 
allocations are made. 
CORRECTIONS, DEPARTMENT OF 
Correctional Impact Reserve N033 
Initiative: Provides funds for costs associated with one projected incarceration in a state 
correctional facility. 
COMMITTEE AMENDMENT 
I} 
COMMITTEE AMENDMENT 'k "to H.P. 1545, L.D. 2171 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2007-08 
$0 
$0 
2008-09 
$38.478 
$38,478 
This amendment removes several sections of the bill and adds several others. As 
amended, the bill does the following. 
I. It facilitates the collection of registration fees for home-based manufacturers of 
pet food. 
II 
2. It amends and enacts definitions in the Maine Revised Statutes, Title 7 and Title 
17. 
3. 
It authorizes the Department of Agriculture, Food and Rural Resources to 
establish temporary shelters to impound animals. 
4. It requires breeding kennels to post their license numbers. 
5. It provides an affirmative defense for various violations of the animal welfare laws 
for agricultural animals kept in compliance with best management practices as 
determined by the department. 
6. It requires a veterinarian to report suspected violations of aggravated cruelty. 
7. It authorizes a law enforcement officer, humane agent or animal control officer to 
remove an animal confined unattended in a motor vehicle when the animal is in 
immediate danger due to extreme temperature. It requires notification to the owner of the 
animal's removal and provides immunity for an officer removing an animal undcr thc 
describcd circumstanccs. 
8. It replaces the definition of "pet dealer" with a definition of "seller" for use in the 
statutory chapter on the sale of cats and dogs. 
9. It amends the provisions for a vendor's license to apply to dogs and cats under 6 
months of age and removes the fee for onc vendor's license in a 12-l11onth period, but 
requires thc $25 fee for additional licenses in a 12-l11onth period. and extends the period 
for which a vendor's license is valid from 60 days to 90 days. 
10. It amends shelter provisions in Title 17 to conform to changes made to Title 7 in 
the First Regular Session of the l23rd Legislature. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·if .. to H.P. 1545, L.D. 2171 
11. It adds an appropriations and allocations section to the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
Page \5- 123LR3086(02)-1 
COMMITTEE AMENDMENT 
Approved: 04 1()7:0i) frac 
LD 2171 
LR 3086(02) 
An Act To Amend the Animal Welfare Laws 
Fiscal Note for Bill as Amended by Committee Amendment "H " 
Committee: Agriculture, Conservation and Forestry 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Correctional and Judicial Impact Statements 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
$0 
$0 
2008-09 
$38,4 78 
$38,478 
Projections 
2009-10 
$71,340 
$71,340 
Projections 
2010-11 
$72,548 
$72,548 
Expands the Class D crime of aggravated cmelty to animals to include "with criminal negligence." With the addition 
of this phrase, a person could be charged WIth a Class C crime instead ofa Class D crime. See cost detail below. 
Fiscal Detail and Notes 
Correctional Cost Detail 
FY 2009 
FY 2010 
FY 2011 
FY 2012 
FY 2013 
Class C crime 
$38,478 
$71,340 
$72,548 
$73,756 
$74,782 
Total Cost - All Convictions 
$38,478 
$71,340 
$72,548 
$73,756 
$74,782 
This estimate assumes one offender occurrence per year beginning in fiscal year 2008-09. This cost estimate is based 
on all time served as a Class C crime. The current average cost to the state for a Class C crime is $70,308 based on an 
average length of stay of I year, 10 months. The Judicial Department expects 0- I cases every year. The collection of 
additional fines may also increase General Fund revenue by minor amounts. 
Based on this estimate, the Department of Corrections will require a General Fund appropriation of $38,47R in fiscal 
year 2008-09 to provide funds for costs associated with one projected incarceration per year and additional 
probationary costs. The probation costs are approximately $3,624.45 per incident. 
The additional cost to the Department of Agriculture, Food and Rural Resources can be absorbed by the department 
utilIzing existing budgeted resources. 
LR3086(02) - Fiscal Note - Page I of I