An Act To Require All Kennels Engaged in Breeding To Be Licensed and Inspected by the State
Maine Legislature, Session 125, LD 0491
Committee: Agriculture, Conservation and Forestry
Sponsors: TIMBERLAKE
Amends: 7 MRSA §3907, 7 MRSA §3923-C, 7 MRSA §4163

Legislative Document 
No. 491 
H.P. 384 
House of Representatives, February 10, 2011 
An Act To Require All Kennels Engaged in Breeding To Be 
Licensed and Inspected by the State 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative TIMBERLAKE of Turner.  (BY REQUEST) 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA §3907, sub-§8-A, as amended by PL 2009, c. 403, §1, is further 
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, sledding, 
competition, 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. 2.  7 MRSA §3907, sub-§17, as amended by PL 2009, c. 343, §4, is further 
amended to read: 
17.  Kennel.  "Kennel" means a location where 5 or more dogs or wolf hybrids over 6 
months old are kept in a single location under one ownership for breeding, hunting, show, 
training, field trials, sledding, competition 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 MRSA §3923-C, sub-§1, as amended by PL 2003, c. 536, §4, is further 
amended to read: 
1.  License necessary.  A Except as provided in subsection 7, a person having 5 or 
more dogs for the purposes set forth in maintaining a kennel as defined in section 3907, 
subsection 17 shall obtain a kennel license from the clerk of the municipality where the 
dogs are kept and that person is subject to rules adopted by the department.  The sex, 
registered number and description are not required for the dogs covered by a kennel 
license.  The license expires December 31st annually.  The kennel license permits the 
licensee or authorized agent to transport under control and supervision the kennel dogs in 
or outside the State. 
Sec. 4.  7 MRSA §3923-C, sub-§7 is enacted to read: 
7.  Exception.  This section does not apply to a person maintaining a breeding  
kennel licensed under section 3931-A. 
Sec. 5.  7 MRSA §4163, first ¶, as amended by PL 2007, c. 702, §36, is further 
amended to read: 
A person may not advertise for sale, sell or exchange for value more than one cat or 
dog under the age of 6 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. 
SUMMARY 
This bill amends the definitions of "breeding kennel" and "kennel" in the animal 
welfare laws. It requires a person keeping 5 or more dogs, wolf hybrids or cats that are 
capable of breeding to obtain a license as a breeding kennel from the Department of 
Agriculture, Food and Rural Resources.  It clarifies that a person maintaining a licensed 
breeding kennel is not required to obtain a municipal kennel license and is not subject to 
inspection by an animal control officer.  It requires a person with a municipal kennel 
license to obtain a vendor's license to sell more than one dog or cat per year.