An Act To Implement Standards Concerning Animal Welfare and Research Institutions
Maine Legislature, Session 125, LD 0779
Committee: Agriculture, Conservation and Forestry
Sponsors: HARLOW, GERZOFSKY, BEAVERS, BLODGETT, CHIPMAN, LOVEJOY, PATRICK
Amends: 7 MRSA §3991-A

Legislative Document 
No. 779 
H.P. 586 
House of Representatives, March 1, 2011 
An Act To Implement Standards Concerning Animal Welfare and 
Research Institutions 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative HARLOW of Portland. 
Cosponsored by Senator GERZOFSKY of Cumberland and 
Representatives: BEAVERS of South Berwick, BLODGETT of Augusta, CHIPMAN of 
Portland, LOVEJOY of Portland, Senator: PATRICK of Oxford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA §3991-A, sub-§2-A is enacted to read: 
2-A.  Standards for licensure.  A research or teaching institution licensed under this 
section shall ensure that animals used, housed or transported for research, testing or 
educational purposes are not subjected to conditions or procedures that result in severe 
and unrelieved pain or distress.  The research or teaching institution: 
A.  May not perform experimental procedures or maintain conditions that are likely 
to result in severe and unrelieved pain or distress; 
B.  Shall have standard operating procedures and backup systems in place to prevent 
severe and unrelieved pain or distress during all aspects of animal care and use, 
including, but not limited to, a standard operating procedure for routinely monitoring 
animals to assess their levels of pain and distress in order to ensure that animals are 
not experiencing severe and unrelieved pain or distress and to immediately alleviate 
those states if necessary; and 
C.  Shall adhere to standards of licensure adopted by the United States Secretary of 
Agriculture under 7 United States Code, Section 2143. 
Sec. 2.  7 MRSA §3991-A, sub-§6, ¶A, as enacted by PL 2003, c. 452, Pt. B, §23 
and affected by Pt. X, §2, is amended to read: 
A.  A person who violates this subsection commits a civil violation for which a fine 
of not more than $100 may be adjudged.  If the violation resulted in severe and 
unrelieved pain or distress to an animal, a fine of $1,000 per animal affected per day 
may be assessed. 
Sec. 3.  7 MRSA §3991-A, sub-§6, ¶B, as enacted by PL 2003, c. 452, Pt. B, §23 
and affected by Pt. X, §2, is amended to read: 
B.  A person who violates this subsection after having previously violated this 
subsection commits a civil violation for which a fine of not more than $250 may be 
adjudged.  If the violation resulted in severe and unrelieved pain or distress to an 
animal, a fine of $2,000 per animal affected per day may be assessed. 
Sec. 4.  7 MRSA §3991-A, sub-§9 is enacted to read: 
9.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Animal" means any living vertebrate animal. 
B.  "Distress" means an adverse state in which an animal fails to cope or adjust to 
various stressors with which it is presented. 
C.  "Pain" means an unpleasant sensory and emotional experience associated with 
actual or potential tissue damage. 
D.  "Severe," with respect to distress or pain, means lasting longer than one minute 
and of significant intensity. 
Sec. 5.  7 MRSA §3991-A, sub-§10 is enacted to read: 
10.  Evidence of pain or distress.  Depending on the species in question, a range of 
clinical signs could indicate that an animal is in severe and unrelieved pain or distress, 
including marked behavioral abnormalities, prolonged anorexia, dehydration, extreme 
lethargy and signs of advanced systemic infection. 
Sec. 6.  7 MRSA §3991-A, sub-§11 is enacted to read: 
11.  Alleviation of pain or distress.  This section does not prohibit procedures or 
conditions accompanied by the provision of adequate anesthetics, analgesics, palliative 
care, positive reinforcement training, euthanasia or other measures to avoid a state of 
severe and unrelieved pain or distress in animals.  This section does not prevent the use of 
nonanimal or other alternative methods of research and testing, such as those 
scientifically validated and recommended by the United States Department of Health and 
Human Services, National Institute of Environmental Health Sciences, Interagency 
Coordinating Committee on the Validation of Alternative Methods or its successor. 
SUMMARY 
This bill provides standards of animal treatment for institutions engaged in laboratory 
research and testing.