An Act To Improve Livestock and Poultry Preparation
Maine Legislature, Session 130, LD 0066
Committee: Agriculture, Conservation and Forestry
Sponsors: DUNPHY, LANDRY
Amends: 7 MRSA §285, 22 MRSA §2163, 22 MRSA §2511, 22 MRSA §2512, 22 MRSA §2514, 22 MRSA §2514-A, 22 MRSA §2517, 22 MRSA §2517-A, 22 MRSA §2517-C, 22 MRSA §2517-D, 22 MRSA §2519, 22 MRSA §2521-B, 22 MRSA §2523, 22 MRSA §2524-A

Legislative Document
No. 66
H.P. 32
House of Representatives, January 13, 2021
An Act To Improve Livestock and Poultry Preparation
Submitted by the Department of Agriculture, Conservation and Forestry pursuant to Joint 
Rule 204.
Received by the Clerk of the House on January 11, 2021.  Referred to the Committee on 
Agriculture, Conservation and Forestry pursuant to Joint Rule 308.2 and ordered printed 
pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative DUNPHY of Old Town.
Cosponsored by Representative: LANDRY of Farmington.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  7 MRSA §285, as enacted by PL 2017, c. 314, §1, is amended to read:
§285.  Departmental authority; livestock and poultry
Notwithstanding any provision in this chapter to the contrary, the department shall 
implement and enforce all provisions of Title 22, chapter 562‑A and the rules adopted 
thereunder that are necessary to ensure that the requirements of the State's meat and poultry 
products inspection, registration and licensing program are at least equal to the applicable 
requirements specified under applicable federal acts, as defined by the United States 
Department of Agriculture or other federal agencies, without exception.
Sec. 2.  22 MRSA §2163, as amended by PL 1979, c. 731, §19 and PL 2011, c. 657, 
Pt. W, §6, is further amended to read:
§2163.  Sale of horsemeat prohibited
No A person, firm, corporation or officer, agent or employee thereof within the State 
shall may not transport, receive for transportation, sell or offer for sale or distribution any 
equine meat or food products thereof unless said equine meat is plainly and conspicuously 
labeled, marked, branded and tagged "horsemeat" or "horsemeat products"; or shall serve, 
expose or offer for sale or distribution, either in any public place or elsewhere, any equine 
meat or products containing equine meat unless such equine meat is conspicuously branded 
and labeled and a notice containing the words "horsemeat and horsemeat products sold 
here" is conspicuously displayed in said place of business to the end that the purchaser may 
have knowledge of the facts of the article purchased.
Whenever any person, firm or corporation within the State sells, ships or delivers to a 
purchaser within the State any equine meat or food products thereof, such person, firm or 
corporation shall deliver to the purchaser an invoice or bill showing thereon the character 
of such meat. This paragraph shall not apply to sales made at retail.
The Commissioner of Agriculture, Conservation and Forestry shall by adequate 
inspection see that the requirements of this section are carried out.
Any A person, firm or corporation who shall violate that violates any of the provisions 
of this section shall be punished by commits a civil violation for which a fine of not more 
than $100 for the first offense and by a fine of not more than $200 for each subsequent 
offense must be adjudged, and the District and Superior Courts shall have concurrent 
jurisdiction of the offense.
Sec. 3.  22 MRSA §2511, sub-§1-A is enacted to read:
1-A.  Amenable species.  "Amenable species" means a species of exotic animal, as 
defined by the federal acts, the anatomy and biology of which are substantially the same as 
an animal that is currently inspected.
Sec. 4.  22 MRSA §2511, sub-§10, as enacted by PL 1999, c. 777, §1, is amended 
to read:
10.  Custom processor.  "Custom processor" means a person who maintains a licensed 
registered establishment under this chapter for the purpose of processing livestock, meat, 
meat food products, poultry or poultry products exclusively for use in the household of the 
owner of the commodity by the owner and members of the owner's household and the 
owner's nonpaying guests and employees.
Sec. 5.  22 MRSA §2511, sub-§11, as amended by PL 2013, c. 252, §1, is further 
amended to read:
11.  Custom slaughterhouse.  "Custom slaughterhouse" means a person who 
maintains a slaughtering facility that is a licensed establishment or a registered 
establishment under this chapter for the purposes of slaughtering livestock or poultry for 
another person's exclusive use by that person and members of that person's household and 
that person's nonpaying guests and employees, and who is not engaged in the business of 
buying or selling carcasses, parts of carcasses, meat or meat food products or any cattle, 
domesticated deer, sheep, swine, goats, domestic rabbits, equines, poultry or other 
designated animals useable as human food.
Sec. 6.  22 MRSA §2511, sub-§14, as enacted by PL 1999, c. 777, §1, is amended 
to read:
14.  Federal acts.  "Federal acts" means the Federal Meat Inspection Act and the 
Federal Poultry Products Inspection Act.
Sec. 7.  22 MRSA §2511, sub-§17, as enacted by PL 1999, c. 777, §1, is amended 
to read:
17.  Federal Poultry Products Inspection Act.  "Federal Poultry Products Inspection 
Act" means the federal Act so entitled, approved August 28, 1957, 71 Stat. 441, as amended 
by the Federal federal Wholesome Poultry Products Act, 82 Stat. 791.
Sec. 8.  22 MRSA §2511, sub-§19, ¶G, as enacted by PL 1999, c. 777, §1, is 
amended to read:
G.  Any of the conditions for which livestock or poultry are required to be condemned 
on ante mortem inspection in accordance with the requirements of this chapter and the 
rules adopted pursuant to this chapter.
Sec. 9.  22 MRSA §2511, sub-§25, as enacted by PL 1999, c. 777, §1, is amended 
to read:
25.  Livestock.  "Livestock" means cattle, domesticated deer, sheep, swine, goats, 
domestic rabbits, horses, mules, other equines or other designated animals, whether live or 
dead.
Sec. 10.  22 MRSA §2511, sub-§27, as enacted by PL 1999, c. 777, §1, is amended 
to read:
27.  Meat.  "Meat" means the part of the muscle of cattle, domesticated deer, sheep, 
swine, goats, horses, mules, other equines or other designated animals muscle that is 
skeletal or that is found in the tongue, diaphragm, heart or esophagus, with or without the 
accompanying and overlying fat, and the portions of bone, skin, sinew, nerve and blood 
vessels that normally accompany the muscle tissue but does not include the muscle found 
in the lips, snout or ears.
Sec. 11.  22 MRSA §2511, sub-§28, as enacted by PL 1999, c. 777, §1, is amended 
to read:
28.  Meat food product or meat product.  "Meat food product" or "meat product" 
means a product useable as human food that is made wholly or in part from any meat or 
other portion of a carcass of cattle, domesticated deer, sheep, swine, domestic rabbits or 
goats livestock, an amenable species or an exotic animal as defined by the federal acts, 
excepting products that are exempted from definition as a meat food product by the 
commissioner under conditions that the commissioner may prescribe to ensure that the 
meat or other portions of carcass contained in products are unadulterated and that products 
are not represented as meat food products.  This term, as applied to food products of equines 
or other designated animals, has a meaning comparable to that provided in this subsection 
with respect to cattle, domesticated deer, sheep, swine, domestic rabbits and goats.
Sec. 12.  22 MRSA §2512, sub-§2, ¶B, as enacted by PL 1999, c. 777, §1, is 
amended to read:
B.  Refuse to provide inspection service under this chapter with respect to an official 
establishment for reasons specified in the Federal Meat Inspection Act, Section 401 or 
the Federal Poultry Products Inspection Act, Section 18 or for any other violation of 
this chapter or the rules adopted under it;
Sec. 13.  22 MRSA §2512, sub-§2, ¶D, as enacted by PL 1999, c. 777, §1, is 
repealed.
Sec. 14.  22 MRSA §2512, sub-§2, ¶E, as amended by PL 2003, c. 451, Pt. G, §1, 
is further amended to read:
E.  Authorize inspection to continue at an official establishment on state holidays or 
beyond the regular work shift or workweek for state inspectors as long as the necessary 
inspectors are available and the official establishment pays all overtime salaries for 
inspections necessary to keep the plant open and other expenses caused by the overtime 
employment.  Funds reimbursed under this chapter must be deposited into the General 
Fund as undedicated revenue;
Sec. 15.  22 MRSA §2512, sub-§2, ¶J, as enacted by PL 1999, c. 777, §1, is 
amended to read:
J.  Serve as the representative of the Governor for consultation with the Secretary of 
Agriculture under the Federal Meat Inspection Act, Section 301, Subsection (c) and the 
Federal Poultry Products Inspection Act, Section 5, Subsection (c) unless the Governor 
selects another representative;
Sec. 16.  22 MRSA §2512, sub-§2, ¶P, as amended by PL 2019, c. 633, §2, is 
further amended to read:
P.  Establish the method for providing voluntary inspection and withdrawal of 
voluntary inspection of exotic animals, wild game, domesticated deer and, domestic 
rabbits and amenable species.  These rules may also provide for the inspection of meat 
and meat food products derived from those animals.  The commissioner shall provide 
voluntary inspection of bison, domesticated deer and ratite exotic animals, 
domesticated deer, domestic rabbits and amenable species produced in the State, 
including the inspection of meat and meat food products derived from bison, 
domesticated deer and ratite exotic animals, domesticated deer, domestic rabbits and 
amenable species, for which the commissioner shall charge a an hourly fee of $35 per 
hour.  The commissioner shall charge $35 per hour per for inspection of meat and meat 
food products processed in the State but derived from bison, domesticated deer and 
ratite produced outside the State exotic animals, domesticated deer, domestic rabbits 
and amenable species; and
Sec. 17.  22 MRSA §2514, sub-§1, ¶B, as enacted by PL 1999, c. 777, §1, is 
repealed.
Sec. 18.  22 MRSA §2514, sub-§1, ¶D, as enacted by PL 1999, c. 777, §1, is 
repealed.
Sec. 19.  22 MRSA §2514-A, sub-§1, as amended by PL 2019, c. 73, §§3 and 4, is 
further amended to read:
1.  Registration permitted required.  A person that is not licensed under section 2514 
may engage in intrastate commerce in the business of buying, selling, preparing, 
processing, packing, storing, transporting or otherwise handling meat, meat food products 
or poultry products if that person is registered under this section.  A person may must 
register under this section if the person is a:
A.  Custom slaughterer, except that itinerant custom slaughterers who slaughter solely 
at a customer's home or farm and who do not own, operate or work at a slaughtering 
plant are exempt from the registration provisions of this section;
B.  Custom processor;
C.  Poultry producer that processes fewer than 1,000 birds annually under section 
2517-C;
C-1.  Rabbit producer that processes fewer than 1,000 rabbits annually under section 
2517‑E; or
D.  Person in any other category that the commissioner may by rule establish.
Sec. 20.  22 MRSA §2517, as enacted by PL 1999, c. 777, §1, is amended to read:
§2517.  Ante mortem examination of animals to be slaughtered
For the purpose of preventing the use in commerce of meat and meat food products and 
poultry and poultry products that are adulterated, the commissioner shall appoint inspectors 
to examine and inspect all livestock and poultry before they are allowed to enter into a 
slaughtering, packing, meat-canning, rendering or similar official establishment in which 
they are to be slaughtered and the meat and meat food products and poultry and poultry 
products of which are to be used in commerce.  All livestock and poultry found on such 
inspection to show symptoms of disease must be set apart and slaughtered separately from 
all other livestock or poultry and when so slaughtered the carcasses of the livestock and 
poultry are subject to a careful examination and inspection, as provided by the rules 
established by the commissioner and adopted pursuant to this chapter.
Sec. 21.  22 MRSA §2517-A, as enacted by PL 1999, c. 777, §1, is amended to read:
§2517-A.  Post mortem examination of carcasses
The commissioner shall appoint inspectors to examine the carcasses and parts of 
carcasses of all livestock and poultry to be prepared at a slaughtering, meat-canning, 
salting, packing, rendering or similar official establishment in the State as articles of 
commerce that are useable as human food.  The carcasses and parts of carcasses of all such 
animals found to be not adulterated must be marked, stamped, tagged or labeled as 
"Inspected and Passed" and the inspectors shall label, mark, stamp or tag as "Inspected and 
Condemned" all carcasses and parts of carcasses of animals found to be adulterated.  All 
carcasses and parts thus inspected and condemned must be destroyed for food purposes by 
the official establishment in the presence of an inspector.  The commissioner may remove 
inspectors from any such official establishment that fails to so destroy any condemned 
carcass or part of a carcass.  The inspectors, after the first inspection, shall, when they 
consider it necessary, reinspect the carcasses or parts of carcasses to determine whether, 
since the first inspection, the same have become adulterated and, if any carcass or any part 
of the carcass, upon examination and inspection subsequent to the first examination and 
inspection, is found to be adulterated, the carcass must be destroyed for food purposes by 
the official establishment in the presence of an inspector.  The commissioner may remove 
inspectors from an official establishment that fails to so destroy any condemned carcass or 
part of a carcass.
Sec. 22.  22 MRSA §2517-C, sub-§1, ¶G, as repealed and replaced by PL 2015, 
c. 329, Pt. A, §10, is amended to read:
G.  The poultry are sold in accordance with the restrictions in subsection 2; and
Sec. 23.  22 MRSA §2517-C, sub-§1, ¶H, as repealed and replaced by PL 2015, 
c. 329, Pt. A, §10, is repealed.
Sec. 24.  22 MRSA §2517-D, sub-§1, as enacted by PL 2013, c. 252, §5, is amended 
to read:
1.  Contract slaughtering.  A commercial slaughterhouse or custom slaughterhouse 
licensed under section 2514 or a custom slaughterhouse registered under section 2514-A, 
but not engaging in the custom slaughter of poultry, may enter into a contract with a poultry 
producer who otherwise meets the requirements of the exemption for poultry producers 
that slaughter or process 20,000 or fewer poultry under the federal Poultry Products 
Inspection Act, 21 United States Code, Section 464(c)(3) to rent that slaughterhouse to the 
poultry producer for the slaughter and processing of the poultry producer's poultry.
Poultry slaughtered and processed under the rental contract must be slaughtered and 
processed by the poultry producer.
A poultry producer that otherwise meets the requirements of the 20,000 or fewer poultry 
exemption, and having the intent to rent a slaughterhouse that is currently used by another 
poultry producer that meets the requirements of the exemption, must obtain approval from 
the administrator of the commissioner in accordance with the requirements of the federal 
Food Safety and Inspection Service within the United States Department of Agriculture 
prior to rental of the slaughterhouse Administrator.
Sec. 25.  22 MRSA §2519, as enacted by PL 1999, c. 777, §1, is amended to read:
§2519.  Stop sale or use order
The inspector may issue a stop sale or use order for any violation of this chapter or of 
the rules adopted pursuant to this chapter. A person receiving a stop sale or use order shall 
immediately remove the meat, meat food product or poultry or poultry product from sale 
or shall immediately cease to use any equipment or area as directed by the order until the 
order is lifted.  The inspector may lift a stop sale or use order once the inspector has 
determined that the violation has been corrected.  A person receiving a stop sale or use 
order may appeal the order to the commissioner within 5 days of receiving the order.
Sec. 26.  22 MRSA §2521-B, as enacted by PL 1999, c. 777, §1, is amended to read:
§2521-B.  Inspection for use of humane slaughtering methods
For the purpose of preventing the inhumane slaughtering of livestock, the 
commissioner shall appoint inspectors to examine and inspect the method by which 
livestock are slaughtered and handled in connection with slaughter in the registered, 
licensed or official slaughtering establishments inspected under this chapter.  The 
commissioner may refuse to license or provide inspection to a new slaughtering 
establishment or may cause inspection to be temporarily suspended at an official register a 
slaughtering establishment if the commissioner finds that livestock have been slaughtered 
or handled in connection with slaughter at such the establishment by a method not in 
accordance with the Humane Methods of Slaughter Act of 1978, 7 United States Code, 
Sections 1901 to 1906 or not as stated in this section and sections 2521, 2521-A and 2521-C 
until the establishment furnishes assurances satisfactory to the commissioner that all 
slaughtering and handling in connection with slaughter of livestock are in accordance with 
such a method.
Sec. 27.  22 MRSA §2523, sub-§1, ¶A, as enacted by PL 1999, c. 777, §1, is 
amended to read:
A.  Slaughter any livestock or poultry or prepare products that are useable as human 
food at a registered, licensed or official establishment preparing the products solely for 
intrastate commerce, except in compliance with the requirements of this chapter and 
the rules adopted pursuant to this chapter;
Sec. 28.  22 MRSA §2523, sub-§3, as enacted by PL 1999, c. 777, §1, is amended 
to read:
3.  Plainly identified Carcasses of horses, mules or other equines or parts of these 
carcasses.  In intrastate commerce, a person may not sell, transport, offer for sale or 
transportation or receive for transportation any carcass carcasses of horses, mules or other 
equines or parts of these carcasses, or the meat or meat food products of these carcasses, 
unless they are plainly and conspicuously marked or labeled or otherwise identified as 
required by rules established by the commissioner to show the kinds of animals from which 
they were derived.
Sec. 29.  22 MRSA §2524-A, as enacted by PL 1999, c. 777, §1, is amended to read:
§2524-A.  Action upon violation
After discovery of a violation of this chapter or the rules adopted under this chapter, 
the commissioner may take any additional action against the registered, licensed or official 
establishment that the commissioner determines appropriate, including instituting a 
proceeding under section 2514, subsection 6 and causing a civil or criminal proceeding to 
be brought against the registered, licensed or official establishment.
SUMMARY
 This bill makes technical changes to the laws governing preparation of livestock and 
poultry products for human consumption. It defines "amenable species" as a species of 
exotic animal, as defined by federal law, the anatomy and biology of which are substantially 
the same as an animal that is currently inspected, and it includes amenable species under 
the laws governing voluntary inspections.  It removes the requirement that funds 
reimbursed under the laws governing preparation of livestock and poultry products for 
human consumption be deposited in the General Fund as undedicated revenue.  It also 
prohibits a person from selling, transporting, offering for sale or transportation or receiving 
for transportation any carcasses of horses, mules or other equines or parts of these carcasses 
or the meat or meat food products of these carcasses.