An Act Pertaining to the Breeding and Selling of Dogs and Cats
Maine Legislature, Session 124, LD 0964
Committee: Agriculture, Conservation and Forestry
Amends: 7 MRSA §3907, 7 MRSA §3931-A, 7 MRSA §4151, 7 MRSA §4152-A, 7 MRSA §4153, 7 MRSA §4162, 17 MRSA §1011

Legislative Document 
No. 964 
H.P.666 
House of Representatives, March 10,2009 
An Act Pertaining to the Breeding and Selling of Dogs and Cats 
Reported by Representative PIEH of Bremen for the Joint Standing Committee on 
Agriculture, Conservation and Forestry pursuant to Resolve 2007, chapter 203, section 3. 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed under Joint Rule 218. 
Printed on recycled paper 
/Y)d~ 'frI. 77!ac~{ 
MILLICENT M. MacFARLAND 
Clerk 
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Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 7 MRSA §3907, sub-§8-A, as amended by PL 2007, c. 702, §3, is fUl1her 
amended to read: 
8-A. Breeding kennel. "Breeding kennel" means a location where 5 or more adult 
female 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 
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 sledding, 
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 calendar year. 
Sec. 2. 7 MRSA §3907, sub-§17, as amended by PL 2007, c. 702, §6, 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, mushing 
sledding or exhibition purposes. The sale or exchange of one litter of puppies within a 
12-month period alone does not constitute the operation of a kennel. 
Sec. 3. 7 MRS A §3931-A, sub-§l, as amended by PL 1995, c. 490, §10, is 
further amended to read: 
1. License necessary. A person maintaining a breeding kennel, as defined in section 
3907, must obtain a license from the department and is subject to rules adopted by the 
department. The license expires 12 months after the date of issuance. An applicant for a 
breeding kennel license shall state in the application the number of female dogs or cats 
capable of breeding that are maintained at the breeding kennel. The department shall 
issue a license or a conditional license under subsection 6 in one of the 3 categories 
described in paragraphs A, Band C and collect a fee in accordance with subsection 2. 
A. A breeding kennel that maintains at least 5 but no more than 10 female dogs or 
cats capable of breeding is a Category 1 breeding kennel. 
B. A breeding kennel that maintains at least 11 but no more than 20 female dogs or 
cats capable of breeding is a Category 2 breeding kennel. 
C. 
A breeding kennel that maintains 21 or more female dogs or cats capable of 
breeding is a Category 3 breeding kennel. 
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: 
2. License fees. The license fee is $75 for a Category 1 breeding kennel, $250 for a 
Category 2 breeding kennel and $500 for a Category 3 breeding kennel. 
Sec. 5. 7 MRS A §3931-A, sub-§5, as enacted by PL 2007, c. 702, §8, is amended 
to read: 
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5. License number requirements. A breeding kennel shall prominently display in 
written any 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. 6. 7 MRS A §3931-A, sub-§6 is enacted to read: 
6. 
Conditional breeding kennel license. 
Upon receiving an application for a 
breeding kennel that does not at the time of application hold a valid license under this 
section, the department shall issue a conditional breeding kennel license. The conditional 
license remains in effect until the breeding kennel passes an inspection under section 
3936. If a breeding kennel cannot meet minimum standards within 6 months after the 
initial inspection, the conditional breeding kennel license may be revoked or suspended 
by the department pending an administrative proceeding held in accordance with Title 5, 
chapter 375, subchapter 5. 
Sec. 7. 7 MRS A §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 
depaJiment 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. 
MRSA §4151, sub-§4-A, as enacted by PL 2007, c. 702, §22, is 
amended 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 
35_ . 3~07, subsection 23. 
"Seller" includes animal dealers required to be licensed by the 
United States Department of Agriculture. "Seller" includes the owner or keeper of a cat 
or dog that advertises for sale, sells or exchanges for value more than one dog or cat in a 
calendar year. 
"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. 9. 7 MRS A §4152, sub-§l, "1fA, as amended by PL 2007, c. 702, §23, is 
further amended to read: 
A. An animal history that includes: 
(1) For sellers licensed with the United States DepaI1ment 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, vo'Onning 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 
1. Requirement to provide. A seller who states, promises or represents that an 
animal is registered or capable. of registration with an animal pedigree organization shall 
p-rovide the purchaser with the documents necessary for registration at the time of sale or 
within 90 days of the sale unless specified otherwise in a contractual agreement signed by 
the purchaser. 
2. 
Process to acquire documentation. 
If the purchaser does not receive the 
necessary documents within the time period specified in subsection 1, the purchaser may 
send a written request for the documents to the seller via certified mail. Within 60 days 
of receiving the request, the seller must deliver the documents directly or send them by 
certified mail to the purchaser. 
3. Failure to provide documentation; resolution. If the seller fails to provide the 
necessaIY documents in accordance with subsection 2, the purchaser is entitled to a paI1iai 
refund of 50% of the purchase price. Upon paynient of the refund, a seller is absolved of 
the requirement to provide the documents neceSSaIY for breed registration. Acceptance of 
the registration papers by the purchaser outside of the required time period waives the 
purchaser's right to a partial refund. 
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Sec. 11. 7 MRSA §4153, as amended by PL 2007, c. 702, §24, is further amended 
to read: 
§4153. Sale prohibited 
A seller mav 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, § 5 5 and 
amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is further amended to read: 
§4162. Additional penalties 
1. Civil violation. A person who fails to meet a requirement of this chapter commits 
a civil violation for which a forfeiture not to exceed $100 less than $250 or more than 
$500 per violation may be adjudged. 
2. Action against pet shops and breeding kennels. ~ 
Pending an administrative 
hearing in accordance with Title 5, chapter 375, subchapter 5, the department may fi.:Ie-aty 
action in District GOUlt to revoke or suspend the license of a pet shop or breeding IrefI:fIel 
that violates any provision of revoke or suspend a breeding kennel or pet shop license if 
the person maintaining the breeding kennel or pet shop violates this chapter or nIles 
adopted under section 3906-B, subsection 10 to implement this chapter. 
Sec. 13. 17 MRS A §1011, sub-§8-A, as amended by PL 2007, c. 702, §38, is 
fUIiher 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 Title 7, section 3923-C when 
the dogs are kept primarily for hunting, show, training, mushing sledding, 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. 
Sec. 14. 17 MRSA §1011, sub-§17, as amended by PL 2007, c. 702, §40, is 
fllliher amended to read: 
17. Kennel. "Kennel" means one pack or collection of dogs kept in a single location 
under one ownership for breeding, hunting, show, training, field trials, mushing sledding 
or exhibition purposes. 
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. 
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