An Act To Ensure That the Money Received from the Surcharge on Registration of Pet Food Is Used for the Sterilization of Animals , (EMERGENCY)
Maine Legislature, Session 124, LD 0223
Committee: Agriculture, Conservation and Forestry
Sponsors: NUTfING, SHERMAN, FLOOD
Amends: 7 MRSA §714, 7 MRSA §3906-B, 7 MRSA §3910-B

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
Legislative Document 
No. 223 
S.P.73 
January 27, 2009 
An Act To Ensure That the Money Received from the Surcharge on 
Registration of Pet Food Is Used for the Sterilization of Animals 
, (EMERGENCY) 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
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Presented -by Senator DAVIS of Cumberland. 
9r!)(J-~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senators: NUTfING of Androscoggin, SHERMAN of Aroostook, 
Representatives: FLOOD of Winthrop, PIOTH ofUnity, WHEELER DfKittery. 
Printed on recycled paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, Public Law 2005, chapter 281 imposed a surcharge of $20 on registered 
pet food; and 
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Whereas, the money collected from the surcharge is to be deposited in the Animal 
Welfare Fund; and 
Whereas, the money from the fund should be distributed on a quarterly basis to the 
Companion Animal Sterilization Fund; and 
Whereas, deposits from the Animal Welfare Fund to the Companion Animal 
Sterilization Fund are not made on a regular basis; and 
Whereas, it is important that funds be available in the Companion Animal 
Sterilization Fund so that animals may be spayed and neutered in a timely manner; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA §714, sub-§4, as amended by PL 2007, c. 459, §2, is further 
amended to read: 
4. Surcharge on registration of pet food. 
For each product name of pet food 
registered in accordance with subsection 1 ,the applicant shall pay a $20 surcharge in 
addition to the registration fee, except that a home-based manufacturer of pet food shall 
pay a total annual surcharge of $20. The commissioner shall deposit the surcharge into 
the Animal '.Velfare Fund established under section 3906 B, subsection 2 Companion 
Animal Sterilization Fund established under section 391 O-B. 
Money deposited into the Companion Animal Sterilization Fund may be disbursed on 
more than a quarterly basis. 
Sec. 2. 7 MRSA §3906-B, sub-§2, as amended by PL 2005, c. 281, §3, is further 
amended to read: 
2. Animal Welfare Fund. The commissioner shall deposit all license fees received 
pursuant to chapters 721, 723, 725 and 735 in a separate account established by the 
Treasurer of State and known as the Animal Welfare Fund. The commissioner shall 
deposit 1/2 of feed registration fees collected under section 714, subsection I and all 
revenue from the surcharge collected under section 714, subsection 4 in the Animal 
Welfare Fund. 
This account does not lapse, bULconti,n,ues from Ye.a;r to:year.. 
T~e 
commissioner shall pay from the Animal Welfare Fund th~ expense, o~ furnishing licen,se 
Page I - 124LR0423(Ol)-1 
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blanks, stickers and tags, travel expenses and salaries for necessary personnel, payments 
to animal shelters and expenses incurred in the administration of this Part. 
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The c?~missioner sh~1I annually transfer $ I 00,000 from the Animal \Velfare Fund for 
deooslt IA the ComoanlOn /\nimal Sterilization Fund established under section 3910 B. 
Sec. 3. 7 MRSA §3910-B, sub-§l, as amended by PL 2007, c. 539, Pt. CCCC, 
§ I, is further amended to read: 
1. Establishment. There is established the Companion Animal Sterilization Fund, 
an interest-bearing account, referred to in this section as "the fund." The fund receives 
money deposited by the Treasurer of State pursuant to Title 36, section 5284-A, revenues 
generated in accordance with this section, all revenue from the surcharges collected under 
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section 714, subsection 4 and section 3933, subsection 4, money transferred from the 
Animal Welfare Fund in accordance "'lith section 3906 B, subsection 2 and any money 
contributed voluntarily to the fund. All money deposited in the fund and the earnings on 
that money remain in the fund to be used for the spaying or neutering of companion 
animals owned by persons meeting income limit standards and for the necessary direct 
administrative and personnel costs associated with the management of the fund and may 
not be deposited in the General Fund or any other fund except as specifically provided by 
law. The fund may not be charged for indirect costs under a depalimental indirect cost 
allocation plan. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill requires the Commissioner of Agriculture, Food and Rural Resources to 
deposit the surcharge on registration of pet food directly into the Companion Animal 
Sterilization Fund instead of the Animal Welfare Fund. The bill also allows funds from 
the Companion Animal Sterilization Fund to be disbursed on more than a quarterly basis.