An Act To Prohibit Cruel Confinement of Calves Raised for Veal and Sows during Gestation .
Maine Legislature, Session 124, LD 1021
Committee: Agriculture, Conservation and Forestry
Sponsors: NUTTING
Amends: 7 MRSA §4020

MAINE STATE LEGISLATURE 
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124th MAINE LEGISLATU·RE . 
Legislative Document 
No. 1021 
S.P.3 
In Senate, March 17,2009 
An Act To Prohibit Cruel Confinement of Calves Raised for Veal 
and Sows during Gestation 
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Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
9tg(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Presented by Senator NUTTING of Androscoggin. 
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Cosponsored bySenator: DAVIS of Cumberland, Representatives: CRA Y of Palmyra, PIER of 
Bremen. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA §4020 is enacted to read: 
§4020. Cruel confinement of calves raised for veal and sows during gestation 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Calf raised for veal" means a calf of the bovine species kept for the purpose of 
producing the food product referred to as veal. 
8. 
B. "Covered animal" means a sow during gestation or calf raised for veal that is kept 
on a farm. 
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C. 
"Enclosure" means a cage, crate or other structure used to confine a covered 
animal, including, but not limited to, what is commonly described as a "gestation 
crate" for sows or a "veal crate" for calves. 
D. "Farm" has the same meaning as in section 152. 
E. 
"Fully extending the animal's limbs" means fully extending all limbs without 
touching the side of an enclosure. 
F. "Sow during gestation" means a pregnant pig of the porcine species kept for the 
primary purpose of breeding. 
G. 
"Turning around freely" means turning in a complete circle without any 
impediment, including a tether, and without touching the side of an enclosure~ 
2. Prohibition. A person may not tether or confine a covered animal for·all or the 
majority of a day in a manner that prevents the animal from: 
A. Lying down, standing up and fully extending the animal's limbs; and 
B. Turning around freely. 
3. Exceptions. Subsection 2 does not apply: 
A. To an animal while it is the subject of scientific or agricultural research; 
B. During examination, testing, individual treatment of or operation on an animal for 
. veterinary purposes; 
. 
C. To an animal being transported; 
D. To an animal at a rodeo exhibition or state or county fair exhibition; 
E. To an animal at a 4-H event or simihir exhibition; 
F. 
To the slaughter of an animal in accordance with Title 22, chapter 562-A. 
subchapter 4 and rules pertaining to the slaughter of animals; and 
G. To a sow during the 7-day period prior to the sow's expected date of giving birth. 
4. Relation to other laws. The provisions of this section are in addition to, and not 
in lieu of, any other laws protecting animal welfare. This section may not be construed to 
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limit any state law or rules protecting the welfare of animals or to prevent a local 
governing body from adopting and enforcing its own animal welfare laws and 
regulations. 
The affirmative defense provisions in section 4016, subsection 3 do not apply to this 
section. It is not ari affirmative defense to alleged violations of this section that the calf 
or sow wa,s keptas pali of an agricultural operation and in compliance with best 
management practices for animal husbandry. 
Sec. 2. 17 MRS A § 1 039 is enacted to read: 
§1039. Cruel confinement of calves raised for veal and sows during gestation 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Calf raised for veal" means a calf of the bovine species kept for the purpose of 
producing the food product referred to as veal. 
B. "Covered animal" means a sow during gestation or calf raised for veal that is kept 
on a farm. 
C. "Enclosure" means a cage, crate or other structure used to confine a covered 
animal, including, but not limited to, what is commonly described as a "gestation 
crate" for sows or a "veal crate" for calves. 
D. "Farm" has the same meaning as in section 152. 
E. 
"Fully extending the animal's limbs" means fully extending all limbs without 
. touching the side of an enclosure. 
F. "Sow during gestation" means a pregnant pig of the porcine species kept for the 
primary purpose of breeding. 
G. . "Turning around freely" means turning in a complete circle without any 
impediment, including a tether, and without touching the side of an enclosure. 
2. Prohibition. A person may not tether or confine a covered animal for all or the 
majority of a day in a manner that prevents the animal from: 
A. Lying down, standing up and fully extending the animal's ,limbs; and 
B. Turning around freely. 
3. Exceptions. Subsection 2 does not apply: 
A. To an animal while it is the subject of scientific or agricultural research; 
B. During examination, testing, individual treatment of or operation on an animal for 
veterinary purposes; 
C. To an animal being transpOlied; 
D. To an animal at a rodeo exhibition or state or county fair exhibition; 
E. To an animal at a 4-H event or similar exhibition; 
F. 
To the slaughter of an animal in accordance with Title 22, chapter 562-A, 
subchapter 4 and rules pertaining to the slaughter of animals; and 
G. To a sow during the 7-day period prior to the sow's expected date of giving birth. 
4. Relation to other laws. The provisions of this section are in addition to, and not 
in lieu of, any other laws protecting animal welfare. This section may not be construed to 
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limit any state law or rules protecting the welfare of animals or to prevent a local 
governing body from adopting and enforcing its own animal welfare laws and 
regulations. 
5. Penalty. A violation of subsection 2 is a Class D crime. 
6. Criminal or civil prosecution. A person may be arrested or detained for a , 
violation of subsection 2 in' accordance with the rules of criminal procedure. A person 
may not be arrested or detained for the civil violation of cruel confinement under Title 7, -
section 1039. The attorney for the State may elect to charge a defendant with a criminal 
violation under this section or a civil violation under Title 7, section 4020. In making this 
election, the attorney for the State shall consider the severity of the cruelty displayed, the 
number of animals involved, any prior convictions or adjudications of animal cruelty 
entered against the defendant and such other factors as may be relevant to a determ'ination 
of whether criminal or civil sanctions will best accompl ish the goals of the animal welfare 
laws in the particular case before the attorney for the State. 
The election and 
determination required by this subsection are not subject to judicial review. The factors 
involved in the election and determination are not elements of the criminal offense or 
civil violation of cruel confinement and are not subject to proof or disproof as 
prerequisites or conditions for' conviction under this section or adjudication under Title 7, 
section 4020. 
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It is not an affirmative defense to prosecution under this section that the sow or calf is 
kept as part of an agricu'ltural operation and in compliance with best management 
practices for animal husbandry. 
Sec. 3. Effective date. This Act takes effect January 1,2011. 
SUMMARY 
This bill prohibits the cruel confinement of calves raised for veal and sows during 
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gestation. 
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