An Act Concerning the National Animal Identification System
Maine Legislature, Session 124, LD 1238
Committee: Agriculture, Conservation and Forestry
Sponsors: HAMPER, SHERMAN, CURTIS, EDGECOMB, GIFFORD

MAINE STATE LEGISLATURE 
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.lHJGUSTA, i'ViAINE 
124thMAINE LEGISLATURE 
FIRST P~GULAR SESSIOl"~-2009 
, Legislative Document 
No. 1238 
H.P.857 
House of Representatives, March 30,2009 
An Act Concerning the National Animal Identification System 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
. 
Presented by Representative HAMPER of Oxford. 
Cosponsored by Senator SHERMAN of Aroostook and 
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7l!11C~{ 
MILLICENT·M.M1lcF ARLAND 
Clerk 
Representatives: CRA Y of Palmyra, CURTIS of Madison, EBERLE ofSoIrl:1iPbrtland, 
EDGECOMB of Caribou, GIFFORD of Lincoln, McCABE of Skowhegan~ SMITH of 
Monmouth. 
Print~d on n:cydcJ pilpcr 
Be it enacted by the People oUhe State of Maine as follows: 
Sec. 1. 7 MRS A §1708 is enacted to read: 
§ 1708. National animal identification system 
1. 
Mandatory system. 
The commissioner may adopt rules to carry out the 
provisions of a national animal identification system, referred to in this section as "the 
system," if the system becomes mandatOlY through final federal action pursuant to the 
Administrative Procedure Act, 5 United States Code, Section 500 et seq., as amended. If 
the system becomes mandatory but allows a farmer to opt out of the system, then the 
commissioner must inform the farmer of the farmer's right to opt out of the system .. Rules 
adopted pursuant to this subsection may be no more. stringent than federal law or 
regulation and are routine technical.rules pursuantto Title 5, chapter 375, subchapter 2-A. 
2. Voluntary system. If the system is voluntary, the commissioner may not: 
A. Mandate or force pat1icipation in the system that regitlates livestock or poultJy.as 
defined in section 1302, subsection 3, including premises registration, animal 
identification or the tracking or surveilla'nce of livestock or poultry; 
B. Withhold indemnity under section 1756 or 1757 based solely on nonpat1icipation 
in the system; or 
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C. 
Deny, revoke or limit a service, license, permit, grant or another benefit or 
incentive to a person if that person does not pat1icipate in the system. 
3. Municipal ordinance. A municipality, county or other political subdivision may 
not adopt or maintain an ordinance, rule or regulation that requires pat1icipation in the 
system, including' premises registration, animal identification or the tracking or 
surveillance of livestock or poultty as defined in section 1302, subsection 3, except in 
conformance with a program of the department. An· ordinance, rule or regulation in 
violation of this subsection is void and unenforceable. 
4. Confidentiality. The commissioner may not release any confidential record, data 
or information to the system but may release a record, data or information to another 
governmental entity as determined necessary to prevent or control disease or to protect 
public health, safety or welfare. 
5. Allowable acts. This section does not prohibit: 
A. The commissioner from establishing or participating in a disease control progt'am 
specifically designed to address a known disease in a specific species of livestock; 
B. The commissioner from implementing an anitnal identification, brand registration 
or inspection system or program authOl:ized under state law; or 
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C. A private agricultural industry organization from establishing a voluntaty source 
verification program for its own members or another person who elects to participate. 
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SUMMARY 
This bill requires the Commissioner of Agriculture, Food and Rural Resources to 
adopt rules to implement a national animal identification system if federal law makes the 
system mandatOlY including informing farmers of their right to opt out of the system if 
the system has an opt-out provision. If the national identification system is voluntary, this 
bill prohibits the commissioner from forcing pal1:icipation in the system, withholding 
indemnity from a person who does not paliicipate in the system or denying or revoking 
permits, licenses, services, grants or other benefits or incentives to a person who does not 
paliicipate in the system. The bill prohibits a municipality or political subdivision from 
enacting or maintaining an ordinance requiring participation in an animal identification 
system except to .confonn to a. state requirement and the commissioner from 
disseminating any confidential information to the national animal identification system 
unless to preveht or control a disease or to protect the public health, safety or welfare. 
This bill does not prohibit the Commissioner of Agriculture, Food and Rural Resources 
. from paliicipating in a disease control program or implementing an animal identification 
system or prohibit a private agricultural industry organization from establishing a 
voluntary source verification program.