An Act Regarding the Sale of Dogs and Cats at Pet Shops
Maine Legislature, Session 129, LD 1311
Committee Amendment CA_A_S272 (Senate)
Amends: 7 MRSA §3914, 7 MRSA §3933, 7 MRSA §3938-A, 7 MRSA §4151

COMMITTEE AMENDMENT "fr" to S.P. 407, L.D. 1311, Bill, "An Act 
Regarding the Sale of Dogs and Cats at Pet Shops" 
Amend the bill by striking out all of sections 1 to 7 and inserting the following: 
'Sec. 1. 7 MRSA §3914, first ,r, as amended by PL 2007, c. 439, §7, is further 
amended to read: 
Animal shelters, kennels, breeding kennels, boarding kennels and pet shops engaged 
in buying or selling animals shall keep records of the buyer and seller in each transaction 
for a 2-year period commencing at the time of purchase or sale. The records must be 
open to inspection by the department or law enforcement officers. A person not in 
possession of a valid license for an animal shelter, kennel, breeding kennel, boarding 
kennel or grandfathered pet shop shall obtain a vendor's license under section 4163 prior 
to selling, offering for sale or exchanging for value a cat or dog. For purposes of this 
section, "grandfathered pet shop" has the same meaning as in section 3933. 
Sec. 2. 7 MRSA §3933, as amended by PL 2009, c. 343, §16, is further amended 
to read: 
§3933. Pet shops 
1. License necessary. A person maintaining a pet shop, as defined in section 3907, 
shall obtain a license from the department and is subject to rules adopted by the 
department. The license expires December 31st annually or in a manner consistent with 
the license provisions of the Maine Administrative Procedure Act, whichever is later. A 
license issued under this section does not authorize a person to keep for sale or off er for 
sale dogs or cats unless the pet shop meets the requirements of section 4153, subsection 
3, paragraph B. 
For purposes of this section. a licensed pet shop that meets the 
requirements of section 4153, subsection 3, paragraph Bis a grandfathered pet shop. 
2. License fees. The fee for a pet shop license is $150. 
3. Records. A person maintaining a pet shop, as defmed in section 3907, shall keep 
a record of each animal received by the pet shop, except for mice and fish. The record 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" I}" to S.P. 407, L.D. 1311 ( S,-;;n 'Jj 
must include the name and address of the person or company from whom the animal was 
received and the name and address of the person buying or otherwise acquiring the 
animal from the pet shop. The record must be kept on file for a period of 2 years 
following the sale or other disposition of the animal by the pet shop and must be made 
available to the department within 24 hours of the request of the department. 
4. Surcharge on sale of dogs and cats by grandfathered pet shops. A person 
maintaining a grandfathered pet shop shall collect a surcharge of $25 on each cat or dog 
sold that has not been neutered and forward the entire surcharge to the department for 
deposit in the Companion Animal Sterilization Fund established under section 3910-B. 
O 
5. Advertising. A grandfathered pet shop license holder advertising to the public the 
availability of a dog or cat for sale or in any way exchanging a dog or cat for value shall 
prominently display the state-issued pet shop license number in any publication in which 
the pet shop license holder advertises. The pet shop license number must be provided to 
a person adopting or purchasing an animal from the pet shop. 
Sec. 3. 7 MRSA §3938-A, as enacted by PL 2007, c. 439, §22, is amended to 
read: 
§3938-A. Minimum age of transfer for cats and dogs 
A person or an animal shelter, boarding kennel, breeding kennel or grandfathered pet 
shop that sells, gives away or otherwise transfers ownership of a dog or cat before it has 
reached its 56th day of life commits a civil violation for which a fine of not less than $50 
nor more than $200 may be adjudged. For purposes of this section, "grandfathered pet 
shop" has the same meaning as in section 3933. 
Sec. 4. 7 MRSA §4151, sub-§1-A is enacted to read: 
1-A. Animal rescue entity. "Animal rescue entity" means a nonprofit organization 
having tax-exempt status under the United States Internal Revenue Code, Section 
50l(c)(3) whose mission and practice is, in whole or in significant part, the rescue and 
placement into permanent homes of animals and that does not breed animals.' 
Amend the bill by striking out all of section 9 and inserting the following: 
'Sec. 9. 
MRSA §4151, sub-§4-A, as enacted by PL 2007, c. 702, §22, is 
amended to read: 
4-A. Seller. "Seller" means the owner or operator of a breeding kennel as defined in 
section 3907, subsection 8-A or the owner or operator of a grandfathered pet shop as 
defined in section 3907, subsection 23. "Seller" includes animal dealers required to be 
licensed by the United States Department of Agriculture. "Seller" does not include 
humane societies, nonprofit organizations performing the functions of humane societies 
or animal shelters licensed in accordance with section 3932-A. For purposes of this 
section, "grandfathered pet shop" has the same meaning as in section 3933.' 
Amend the bill by striking out all of section 10. 
Amend the bill in section 11 in §4153 by striking out all of subsection 3 (page 3, lines 
to 24 in L.D.) and inserting the following: 
COMMITTEE AMENDMENT 
' 
COMMITTEEAMENDMENT" j4:'toS.P.407,L.D.1311 ( ':;::, ·;).ld-) 
'3. Pet shop. Except as provided in this subsection, a pet shop as defined in section 
3907, subsection 23 may not offer an animal for sale. 
A. A pet shop may provide space to an animal rescue entity to offer to the public 
animals for adoption for an adoption fee, as long as the pet shop does not have any 
ownership interest in the animals offered for adoption and does not receive any fee 
for providing space or for the adoption of any of the animals. 
B. A pet shop that lawfully offered animals for sale on the effective date of this 
paragraph may continue to offer animals for sale as long as the pet shop: 
(1) Maintains a valid license under section 3933; 
(2) Remains in the same ownership as existed on May 1, 2019; and 
(3) Keeps for sale or offers for sale in any calendar year no greater a number of 
animals than were kept for sale or offered for sale by the pet shop in calendar 
year 2018. 
In order to qualify for the exception allowed under this paragraph, a pet shop must 
provide to the department, in a form and manner prescribed by the department, 
documentation of the ownership of the pet shop on May 1, 2019 as well as the 
number of animals offered for sale in 2018 and annually thereafter. For purposes of 
this paragraph, "remains in the same ownership" means a static state of ownership in 
which no ownership interest changes after May 1, 2019, except, in the case of a pet 
shop that on May 1, 2019 was owned by a family. a transfer of an ownership interest 
to the spouse, domestic partner or one or more children of the oldest member of the 
family holding an ownership interest on May 1, 2019. 
For purposes of this 
paragraph, "family" means one person or a group of people whose relationship to the 
oldest person in the group is either spouse, domestic partner or child. In order to 
maintain a valid license, the pet shop must provide to the department, in a form and 
manner prescribed by the department, documentation of any transfer of ownership 
under this paragraph. If there is ambiguity as to whether a pet shop remains in the 
same ownership, the pet shop does not satisfy the requirements of subparagraph (2).' 
Amend the bill by striking out all of section 13. 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the minority report of the committee, does the following: 
1. It allows pet shops that are currently lawfully offering dogs or cats for sale to 
continue to offer dogs and cats for sale as long as the ownership of the pet shop does not 
change and the number of dogs and cats offered for sale does not increase. It allows for 
limited transfers of ownership of a family-owned pet shop to a spouse, domestic partner 
8 
or child of the oldest member of the family having an ownership interest; 
2. Removes from the definition of "animal rescue entity" the exclusions that allow 
for certain associations with breeders; and 
COMMITTEE AMENDMENT 
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'\ 
COMMITTEE AMENDMENT" A-" to S.P. 407, L.D. 1311 (;j-(;r"J·d-.) 
3. Removes the word "nominal" as a descriptor of the adoption fee that may be 
charged for dogs and cats offered for adoption by an animal rescue entity. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/31/19 wac:.. 
LD 1311 
LR 1739(02) 
An Act Regarding the Sale of Dogs and Cats at Pet Shops 
Fiscal Note for Bill as Amended by Committee Amendment ',9'.' (_ $-;;;i:7;).-} 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
The collection of additional fine revenue will increase General Fund and dedicated revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Department of Agriculture, Conservation and Forestry associated with the requirements of 
this legislation can be absorbed within existing budgeted resources. 
LRl 739(02) - Fiscal Note - Page 1 of 1