An Act To Amend Laws Relating to Agricultural Pulling Events
Maine Legislature, Session 128, LD 0548
Committee: Agriculture, Conservation and Forestry
Sponsors: BLACK, DILL, MAREAN
Amends: 7 MRSA §81, 7 MRSA §96, 7 MRSA §97

Legislative Document
No. 548
H.P. 390
House of Representatives, February 14, 2017
An Act To Amend Laws Relating to Agricultural Pulling Events
Submitted by the Department of Agriculture, Conservation and Forestry pursuant to Joint 
Rule 204.
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BLACK of Wilton.
Cosponsored by Senator DILL of Penobscot and
Representative: MAREAN of Hollis.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA §81, sub-§14, as enacted by PL 2005, c. 563, §3, is repealed. 
Sec. 2.  7 MRSA §96, sub-§§3, 4 and 7, as enacted by PL 2005, c. 563, §3, are 
amended to read: 
3.  Animals subject to examination; scope; request for test.  An animal entered in 
an event is subject to examination under the direction of a licensed veterinarian or an 
agent of the licensed veterinarian.  The licensed veterinarian, with the approval of the 
commissioner, may appoint technicians and agents to perform duties under this section 
that are not prohibited by other provisions of law.  The examination may include 
physical, saliva, urine or blood tests or other tests or procedures that the licensed 
veterinarian considers necessary to carry out the purposes of this section.  The licensed 
veterinarian may examine an animal entered in an event if that animal is on the grounds 
of the event.  The licensed veterinarian also may examine an animal withdrawn by the 
owner or trainer of the animal within 24 hours prior to an event for which the animal had 
been entered. 
4.  Refusal to submit animal for examination.  An The owner or trainer may not 
refuse to secure or restrain an animal for examination under this section by a licensed 
veterinarian or a technician or agent of the licensed veterinarian and may not interfere 
with the restraining or securing of an animal for that examination. 
7.  Responsibility of owner for condition of animal.  In the absence of substantial 
evidence to the contrary, the owner and trainer of an animal are is responsible for the 
condition of the animal, including the presence of a prohibited substance, and are is 
charged with knowledge of all the provisions contained in this section and the regulations 
adopted pursuant to this section.  If a trainer the owner is prevented from performing the 
trainer's owner's duties, including responsibility for an animal under this subsection, by 
illness or other cause, or is absent from the event where an animal under the trainer's 
owner's care is entered and stabled, the trainer owner shall immediately shall notify the 
secretary or general manager of the event.  At the time of notification, the trainer shall 
specify a substitute trainer and the substitute trainer shall place the substitute trainer's 
name on the entry blank.  The substitute trainer has the same responsibilities as the trainer 
concerning the condition of an animal in that trainer's care. 
Sec. 3.  7 MRSA §96, sub-§8, as amended by PL 2011, c. 73, §1, is further 
amended to read: 
8.  Administrative hearing; suspension.  In lieu of a civil action under subsection 9, 
the commissioner may institute an administrative proceeding on any alleged violation of 
this section.  If the commissioner institutes an administrative proceeding, the 
commissioner shall give notice and an opportunity for hearing under Title 5, chapter 375, 
subchapter 4.  Upon giving notice to a person who is alleged to be in violation of this 
section, the commissioner shall immediately prohibit that person from competing in an 
event within the State.  This prohibition remains in effect for 30 days or until the 
commissioner's decision following the hearing is received, whichever occurs first, except 
that the prohibition period is extended by any delays of the hearing requested by the 
person against whom the violation is alleged. 
If the person against whom the violation is alleged does not request a hearing or if, after a 
hearing, the commissioner finds the person has committed the violation, the 
commissioner shall prohibit that person from competing in any event within the State for 
a period of up to 2 years and shall also exclude the animal from competing in any event 
within the State for a period of up to one year.  The commissioner may also, in an 
adjudicatory proceeding, in lieu of a civil action under subsection 9, impose an 
administrative penalty not to exceed $1,000 for a violation of this section. 
The commissioner may establish, by rule, a schedule of administrative penalties for 
violations of this section that includes fines and prohibitions on competing.  The schedule 
must be based on the severity of the violation.  Rules adopted pursuant to this subsection 
are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 4.  7 MRSA §96, sub-§10, as enacted by PL 2005, c. 563, §3, is amended to 
read: 
10.  Suspension.  When a violation is adjudicated under subsection 9, the 
commissioner shall immediately suspend the person adjudicated to have committed the 
violation from participating in events for a period of 2 years and shall also exclude the 
animal involved from competing in any event for a period of one year.  An action by the 
commissioner based upon an adjudication under this section is automatic, and there is no 
right to a hearing before the commissioner on the suspension.  A person who participated 
in an event during any period of suspension or prohibition ordered by the commissioner 
under this subsection or subsection 8 and the owner and trainer of any animal that 
competes during a period of suspension or prohibition commit an additional violation of 
this section. 
Sec. 5.  7 MRSA §96, sub-§12, ¶C, as enacted by PL 2005, c. 563, §3, is 
amended to read: 
C.  Only a licensed veterinarian or a trainer the owner acting under the direction of a 
licensed veterinarian may administer medication.  The trainer owner may administer 
medication under the direction of a licensed veterinarian if the licensed veterinarian 
has assumed responsibility for making medical judgments regarding the health of the 
animal, has sufficient knowledge of the animal to make a general or preliminary 
diagnosis of the animal and is readily available to care for the animal in the event of 
an adverse reaction to medication or the failure of a trainer the owner to adhere to a 
therapy regimen. 
Sec. 6.  7 MRSA §97, sub-§4, ¶B-1 is enacted to read: 
B-1.  An animal must have an ear tag or microchip implant for identification 
purposes.  The pull superintendent or the assistant pull superintendent shall verify the 
animal's identification at the time of weigh-in and at the time of entry. 
SUMMARY 
This bill adds to the law regarding pulling events the requirement that an animal 
entered in a pulling event must have either an ear tag or a microchip implant for 
identification purposes. 
The bill also removes references to trainers as regards pulling events.  It requires the 
Commissioner of Agriculture, Conservation and Forestry to impose a 2-year suspension 
from competition for a person found to have used a prohibited substance with respect to 
an animal at a pulling event.  It requires the commissioner to impose a full one-year 
suspension from competition for the animal found to have a prohibited substance in its 
system at the time of the pulling event.  Currently, the commissioner may impose a 
suspension of less than 2 years.