An Act To Prohibit the Sale of Dogs and Cats in Pet Shops
Maine Legislature, Session 127, LD 0335
Committee Amendment CA_A_H275 (House)
Amends: 7 MRSA §4164

COMMITTEE AMENDMENT "ff" to H.P. 229, L.D. 335, Bill, "An Act To 
Prohibit the Sale of Dogs and Cats in Pet Shops" 
Amend the bill by striking out the title and substituting the following; 
'An Act To Restrict the Sale of Dogs and Cats in Pet Shops' 
Amend the bill by striking out· everything after the enacting clause and before the 
summary and inserting the following; 
'Sec. 1. 7 MRSA §4164 is enacted to read: 
§4164. Restriction of sale in pet shops 
1. Restriction of sale in· pet shops. Except as provided in subsection 2, a pet shop 
may not sell, deliver, offer for sale, barter, auction or otherwise dispose of a cat or dog. 
2. Exceptions. The provisions of subsection 1 do not apply to a pet shop if the pet 
shag;. 
A. Attests in ",riling that the cat or dog comes from a public or private charitable 
nonprofit animal shelter, humane society or animal rescue organization. For purposes 
of this paragraph, "humane society" has the same meaning as in Title 17, section 
·1011, subsection IS-A; 
. 
B. 
Is offering a cat or dog owned, by an entity in paragraph A for purposes of 
adoption of the cat or dog by a member of the pUblic; or 
C. Has been licensed in accordance with section 3933 continuously since June 1, 
2015 'under 'the same ownership' and in the same location, as long as the pet shop 
attests in writing that the cat or dog comes from one ofthe following sources: 
(1) A source authorized pursuant to an exception in paragraph A or B; or 
(2) A breeder based in any state that, on the date the pet store receiv'ed the cat or 
dog: 
COMMITTEE AMENDMENT 
COlvIfvlTTTEE AMENDMENT "H'" to ][,1'. 229, L.D, JJ5 
(ill 
Meets the minimum standards establi~hl:ll QursuClnt [0 rules adopted 
under section 3906.-B as cerllfled by [he commissioner; and 
(l2LHolds a Class A license issued by the United States Department of 
Agriculture pursuant to the federal Animal Welfare Act, 7 United States 
Code, Section 2131 et seq. that has not been suspended at any time during the 
~t 5 years and has not received from the United States Department of 
Agriculture, asimiicated on any inspection report issued in connection with 
the Class A license during the pi'ior 2 years: 
0) A citation for a direct violation; 
(ij) Three or more distinct citations or a repeat citation for indirect 
violations that directly pertain to the health and welfare of animals and 
that are not administrative in nature; or 
(iii) A repeat citation for failure to provide inspectors access to pro12-IT£L 
or records. 
3. Attestation of compliance. The written attestations required under subsection 2, 
paragnlQhs.1:\. and C must be IJrovided to a buyer with the record required under section 
3933, subsection 3 and must be provided to the buyer with the statement of consumer 
.tights required under section 4160. 
4. Penalties. A person who violates this section commits a civil violation for which 
a fine of $500 must be adjudged and is subject to the penalties under section 4162, 
subsection 2. 
5. Preemption. Nothing in this section preempts or limits the authority of any 
county, munici12ality or other unit of local govemment to adopt ordinances that are more 
stringent than the provisions set forth in this section.' 
SUMMARY 
This amendment, which is the majority report, replaces the bill. It creates a process 
whereby pet shops are required to attest in writing as to the origin of a cat or dog, which 
may come only from a public or private charitable nonprofit animal shelter, humane 
society or animal rescue organization. It provides an exception for existing pet shops, 
who may also sell or otherwise dispose of a cat or dog from a breeder if the breeder meets 
certain conditions and the existing pet shop attests to the origin in writing. Additionally, 
it reduces the penalty for a violation from $2,500 to $500. 
FI§'C:<\LNOTE REQ UIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/28/15 
/'J.;>l-:2C 
127th MAIl\TE LE(GISLA'JfURE 
LD335 
LR 841(02) 
An Act To Prohibit the Sale of Dogs and Cats in Pet Shops 
Fiscal Note for Bill as Amended by Committee Ameudincllt 'if C fI-;275 ) 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue decrease - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR0841(02) - Fiscal Note - Page 1 ofl