reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 303: CONTROL OF DISEASES › 7 §1751. Definitions

§1751. Definitions
As used in this chapter and chapters 201, 202, 202‑A, 207, 301 and 305, unless the context otherwise indicates, the following words have the following meanings.   [PL 2005, c. 146, §1 (AMD).]
1.  Commissioner.
"Commissioner" means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's duly authorized agent.
[RR 2021, c. 1, Pt. B, §126 (COR).]
2.  Domestic animals.
"Domestic animals" means cattle, equines, goats, sheep, swine, cats, dogs, domesticated cervids or other domesticated animals; large game as defined in section 1341, subsection 5; and poultry.
[PL 2003, c. 386, §13 (AMD).]
3.  Authorized agent.
"Authorized agent" means employees of the department, veterinarians licensed by the State to practice veterinary medicine while performing official duties for the department, employees of the Animal and Plant Health Inspection Service of the United States Department of Agriculture, or other persons designated by the commissioner.
[PL 2001, c. 572, §24 (AMD).]
4.  Person.
"Person" shall mean the State, any municipality, political subdivision, institution, public or private corporation, individual, partnership or other entity.
5.  Poultry.
"Poultry" means all domesticated birds.
SECTION HISTORY
PL 1971, c. 594, §5 (AMD). PL 1977, c. 78, §29 (AMD). PL 1999, c. 765, §4 (AMD). PL 2001, c. 572, §§23,24 (AMD). PL 2003, c. 386, §13 (AMD). PL 2005, c. 146, §1 (AMD). PL 2011, c. 657, Pt. W, §6 (REV). RR 2021, c. 1, Pt. B, §126 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 303: CONTROL OF DISEASES › 7 §1752. Rules

§1752. Rules
The commissioner shall adopt rules that are necessary for the enforcement of chapters 201, 202, 202‑A, 207, 301, 303 and 305. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2003, c. 386, §14 (AMD).]
SECTION HISTORY
PL 1973, c. 625, §39 (AMD). PL 1977, c. 78, §30 (AMD). PL 1977, c. 694, §119 (RPR). PL 2001, c. 572, §25 (AMD). PL 2003, c. 386, §14 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 303: CONTROL OF DISEASES › 7 §1753. Duties of commissioner

§1753. Duties of commissioner
The commissioner shall, so far as possible, prevent the introduction and spread of contagious, infectious and parasitic diseases, and exposure thereto, among domestic animals in the State, especially those diseases transmitted to man, either directly or indirectly, and those of greatest economic importance.
The commissioner shall cause investigation and diagnosis to be made by approved methods as to the existence of contagious, infectious and parasitic diseases among domestic animals in the State, and the commissioner may enter any premises, buildings or places, including stockyards, cars, trucks, planes and vessels within any county or part of the State in or at which the commissioner has reason to believe there exists any such disease, and make such investigation, diagnosis or diagnostic tests as to the existence of disease that the commissioner may consider necessary.   [PL 2001, c. 572, §26 (AMD).]
The commissioner shall formulate and apply programs for the control or eradication of any diseases or pathogens as required by the United States Department of Agriculture and any other diseases or pathogens the commissioner considers necessary or practicable to control or eradicate so far as funds are available.   [PL 2001, c. 572, §26 (AMD).]
SECTION HISTORY
PL 1999, c. 765, §5 (AMD). PL 2001, c. 572, §26 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 303: CONTROL OF DISEASES › 7 §1754. Responsibility of division chief (REPEALED)

§1754. Responsibility of division chief
(REPEALED)
SECTION HISTORY
PL 1965, c. 513, §10 (AMD). PL 1971, c. 594, §6 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 303: CONTROL OF DISEASES › 7 §1755. Quarantine

§1755. Quarantine
The commissioner may, upon discovery or upon suspicion of the existence of any disease or pathogen among domestic animals or poultry in the State, take whatever action the commissioner considers necessary to prevent possible spread and to control or eradicate the disease or pathogen. Such action may include quarantine of domestic animals, birds, wild animals in captivity and products derived from them, including the quarantine of articles, materials and premises, equipment or areas, for a time and under conditions as the commissioner considers necessary to eradicate or control the disease or pathogen. This quarantine may not be considered licensing or an adjudicatory proceeding, as defined by the Maine Administrative Procedure Act.   [PL 2001, c. 572, §27 (AMD).]
Any positive diagnosis of a disease made by recognized procedures by recognized diagnostic laboratories, or by recognized qualified persons, must be considered as official diagnosis until proved otherwise.   [PL 2001, c. 572, §27 (AMD).]
Quarantine may be made by registered mail or in person by an authorized agent of the commissioner, or by any other person authorized to do so.
The commissioner may use placards or any other methods considered necessary to give notice or warning of the quarantine.   [PL 2001, c. 572, §27 (AMD).]
It is illegal to violate any quarantine by any person, and such violation is punishable by penalties as outlined in section 1706.   [PL 2001, c. 572, §27 (AMD).]
SECTION HISTORY
PL 1977, c. 694, §120 (AMD). PL 2001, c. 572, §27 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 303: CONTROL OF DISEASES › 7 §1756. Appraisal, destruction and indemnity

§1756. Appraisal, destruction and indemnity
Upon discovery of any contagious or infectious disease or pathogen among domestic animals, the commissioner may cause the affected or exposed animals to be appraised and destroyed, and a proper disposition of the carcasses made in accordance with rules and adopted by the commissioner in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375. The commissioner shall appraise each domestic animal at its true market value at the time it is condemned, provided that no indemnity may be paid except as established in section 1757 or in state-federal cooperative eradication programs for domestic animals and in those amounts as set by those agreements. In no case may the combined amount received from salvage and state and federal indemnity exceed the amount of appraisal.   [PL 2001, c. 572, §28 (AMD).]
Indemnity may not be paid on any domestic animals imported into the State if the importation was in violation of the laws of the State or rules in effect at the time of importation.   [PL 2001, c. 572, §28 (AMD).]
SECTION HISTORY
PL 1973, c. 41 (AMD). PL 1977, c. 36 (RPR). PL 1977, c. 694, §121 (AMD). PL 1983, c. 747, §1 (AMD). PL 2001, c. 572, §28 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 303: CONTROL OF DISEASES › 7 §1758. Salmonella enteritidis risk reduction and surveillance program

§1758. Salmonella enteritidis risk reduction and surveillance program
The commissioner, in cooperation with the University of Maine Cooperative Extension Service, shall develop a Salmonella enteritidis risk reduction and surveillance program for poultry. The commissioner shall adopt rules to implement the program. The rules must define the term "commercial egg producer" and establish requirements for participating in the program and a process for monitoring compliance with the program. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A.   [PL 2001, c. 91, §1 (NEW).]
Upon final adoption of the rules, participation in the program is mandatory for all commercial egg producers in the State. A commercial egg producer who fails to comply with the requirements of this section and rules adopted pursuant to this section commits a civil violation for which a forfeiture of no more than $1,000 may be adjudged.   [PL 2001, c. 91, §1 (NEW).]
SECTION HISTORY
PL 2001, c. 91, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 303: CONTROL OF DISEASES › 7 §1759. Vehicle detainment and inspection

§1759. Vehicle detainment and inspection
If the commissioner has sufficient reason to believe that a contagious or infectious animal disease that is classified as reportable under section 1801 or a pathogen that is classified as reportable under section 1801 has been or may be introduced into the State, the commissioner may stop and inspect vehicles transporting domestic animals or poultry to ensure that biosecurity procedures, including cleaning and disinfection, outlined by the United States Department of Agriculture have been adhered to and that importation certification documents are in order.   [PL 2001, c. 572, §31 (NEW).]
An incoming vehicle may be refused entry into the State and an outgoing vehicle may be detained within the State until any necessary inspection or disinfection has been performed or any required evidence of inspection or disinfection has been received by the commissioner.   [PL 2001, c. 572, §31 (NEW).]
SECTION HISTORY
PL 2001, c. 572, §31 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1801. Reportable diseases

§1801. Reportable diseases
The commissioner shall, by rule adopted in a manner consistent with the Maine Administrative Procedure Act, determine which diseases or pathogens must be classified as "reportable." The form of transmissible spongiform encephalopathy known as chronic wasting disease is reportable. It is a violation of this chapter for any owner, agent of any owner, veterinarian or other person having knowledge of the existence of such disease or pathogen or the exposure of domestic animals to such disease or pathogen not to properly report the existence of such disease or pathogen or exposure of domestic animals to the department immediately after knowledge of such disease or pathogen or exposure of domestic animals to such disease or pathogen.   [PL 2001, c. 572, §32 (RPR).]
It is a violation of this chapter for any person to cause a domestic animal to be driven, trucked or otherwise moved intrastate or interstate when that person has knowledge that the animal is infected with or has been exposed to a reportable disease or pathogen. It is a violation of this chapter for any person to cause a domestic animal to be driven, trucked or otherwise moved intrastate or interstate when that person has knowledge that the animal has been treated with a vaccine or other substance that might make that animal capable of spreading a reportable disease or pathogen among susceptible domestic animals. A domestic animal infected with or exposed to a reportable disease or pathogen may be moved only under the direction of the commissioner.   [PL 2001, c. 572, §32 (RPR).]
SECTION HISTORY
PL 1971, c. 594, §7 (AMD). PL 1977, c. 694, §122 (AMD). PL 1999, c. 765, §6 (AMD). PL 2001, c. 572, §32 (RPR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1802. Condemnation of diseased animals

§1802. Condemnation of diseased animals
The commissioner may, when the commissioner considers it necessary, condemn and take possession of diseased or exposed domestic animals, or domestic animals suspected of being diseased or exposed, for diagnostic purposes, and may pay the owner for the same, health, condition and market value being considered. This condemnation may not be considered licensing or an adjudicatory proceeding, as defined by the Maine Administrative Procedure Act.   [RR 2021, c. 1, Pt. B, §128 (COR).]
SECTION HISTORY
PL 1977, c. 694, §123 (AMD). RR 2021, c. 1, Pt. B, §128 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1803. Transportation of diseased animals

§1803. Transportation of diseased animals
It is a violation of this chapter for a person to cause a domestic animal to be driven, trucked or otherwise moved into the State when that person has knowledge that the animal is infected with or has been exposed to any contagious disease or to a pathogen that is classified as a reportable pathogen under section 1801.   [PL 2001, c. 572, §33 (RPR).]
SECTION HISTORY
PL 2001, c. 572, §33 (RPR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1804. Transportation of certain poultry prohibited (REPEALED)

§1804. Transportation of certain poultry prohibited
(REPEALED)
SECTION HISTORY
PL 1969, c. 33 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1805. Securing animals for treatment

§1805. Securing animals for treatment
It is a violation of this chapter for an owner of domestic animals or that owner's agent to refuse or neglect to secure and restrain domestic animals to be tested, vaccinated, branded or tattooed to indicate vaccination or infection status, or otherwise treated as the commissioner may direct.   [PL 2001, c. 572, §34 (AMD).]
The commissioner may require proper disinfecting by the owner of stables and premises where condemned diseased domestic animals are found and may withhold indemnity until satisfied that proper cleaning and disinfecting of premises have been completed.   [PL 2001, c. 572, §34 (AMD).]
SECTION HISTORY
PL 2001, c. 572, §34 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1806. Disease control notifications

§1806. Disease control notifications
It is a violation of this chapter to tamper with, remove or alter eartags, labels, placards or notices affixed or posted by the commissioner to notify of and assist in the control of disease.   [PL 2001, c. 572, §34 (AMD).]
SECTION HISTORY
PL 2001, c. 572, §34 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1806-A. Restrictions of sales

§1806-A. Restrictions of sales
The commissioner may restrict the sale of milk or milk products in the State from any herd of any species having any reportable disease or exposed to a reportable pathogen that may be transmitted in milk or milk products. A livestock product or byproduct may not be sold or offered for sale from any herd having a reportable disease or exposed to a reportable pathogen that may be transmitted in those products.   [PL 2001, c. 572, §35 (NEW).]
SECTION HISTORY
PL 2001, c. 572, §35 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1807. Illegal vaccinations

§1807. Illegal vaccinations
1.  Brucellosis vaccine.
A person other than a licensed veterinarian may not vaccinate cattle with brucellosis vaccine. A licensed veterinarian may not vaccinate cattle with brucellosis vaccine unless:
A. The vaccine used has been approved by the commissioner; and   [PL 2001, c. 572, §36 (NEW).]
B. The vaccine is administered to the animal at the age recommended by the manufacturer of the vaccine or determined by the commissioner.   [PL 2001, c. 572, §36 (NEW).]
[PL 2001, c. 572, §36 (NEW).]
2.  Prohibition on certain vaccines.
The commissioner may prohibit a vaccination because the use of the vaccine being administered might cause the presumption that an actual disease or pathogen is present in the State.
[PL 2001, c. 572, §36 (NEW).]
3.  Commissioner's discretion to vaccinate.
Notwithstanding subsection 2, the commissioner may authorize any vaccination necessary to control an outbreak of a disease or to diminish the threat of an outbreak of a disease.
[PL 2001, c. 572, §36 (NEW).]
SECTION HISTORY
PL 1973, c. 42, §1 (AMD). PL 1981, c. 197, §1 (AMD). PL 2001, c. 572, §36 (RPR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1808. Sale, distribution and use of certain biologics

§1808. Sale, distribution and use of certain biologics
A biological product capable of eliciting an immunological response offered for use in the treatment or prevention of diseases of domestic animals may not be produced, sold, distributed, imported or used within the State, or imported into the State for sale, distribution or use unless approval and written permission has first been obtained from the commissioner. The commissioner has the right to refuse permission for distribution, sale, importation or use of any such product within the State, and may require reporting of sale, distribution, importation or use of any such product within the State, if permission is granted.   [PL 2001, c. 572, §37 (AMD).]
An antigen used for diagnostic purposes in domestic animals may not be produced in or shipped into the State without the approval of the commissioner.   [PL 2001, c. 572, §37 (AMD).]
A person except a licensed veterinarian may not offer for sale or distribution, within the State, any biological product containing living organisms or viruses offered for use in the treatment or prevention of diseases of domestic animals, without first obtaining a permit to act as a salesperson or distributor from the department.   [PL 2001, c. 572, §37 (AMD).]
The commissioner shall, in a manner consistent with the Maine Administrative Procedure Act, adopt rules as to refrigeration, handling, shipping, disposing of outdated material and sale of such products.   [PL 2001, c. 572, §37 (AMD).]
Failure to comply with this section or section 1807, or the rules adopted pursuant thereto, is grounds for revocation of any permit granted pursuant to these sections.   [PL 2003, c. 510, Pt. A, §4 (AMD).]
SECTION HISTORY
PL 1967, c. 204 (AMD). PL 1971, c. 594, §8 (AMD). PL 1977, c. 694, §§124,125 (AMD). PL 1993, c. 367, §1 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2001, c. 572, §37 (AMD). PL 2003, c. 510, §A4 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1808-A. Direct purchase of rabies vaccine

§1808-A. Direct purchase of rabies vaccine
A veterinarian licensed in this State may sell rabies vaccine to a person who owns cattle, sheep, goats or cervids as defined in section 1333. A veterinarian who sells rabies vaccine in accordance with this section is not, as a result of selling the vaccine, liable for claims arising from the administration of the vaccine by the purchaser.   [PL 2003, c. 386, §15 (AMD).]
An animal vaccinated against rabies by a person who is not a licensed veterinarian or under the direct supervision of a licensed veterinarian may not be certified as vaccinated against rabies and must be treated as an unvaccinated animal under Title 22, chapter 251, subchapter 5 and rules adopted pursuant to that chapter.   [PL 2001, c. 308, §1 (NEW).]
SECTION HISTORY
PL 2001, c. 308, §1 (NEW). PL 2003, c. 386, §15 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1809. Permits for state entry

§1809. Permits for state entry
1.  Permit required.
The commissioner may require a person who imports animals or avian hatching eggs into the State to obtain a permit before the time of entry. When a permit is required, the permit or permit number must accompany the shipment. The commissioner may refuse to grant a permit or may issue one subject to quarantine at destination if the animals or avian hatching eggs do not meet importation requirements or do not comply with the inland fisheries and wildlife laws and rules adopted by the Commissioner of Inland Fisheries and Wildlife under Title 12, chapter 915, subchapter 15 or Title 12, section 12102. The commissioner may require the owner to have those animals or avian hatching eggs tested or examined by a veterinarian at the owner's expense. The commissioner may release those animals or avian hatching eggs from quarantine only after the commissioner is satisfied that they are not a disease threat to other animals or humans.
When an animal or avian hatching egg is brought into the State without a required permit, the commissioner or the Commissioner of Inland Fisheries and Wildlife may condemn the animal and order it euthanized without indemnity or condemn the avian hatching egg and order it destroyed without indemnity. For purposes of this section, "avian hatching egg" means an egg of a bird species that is fertile and handled, transported and stored in a manner that maintains its viability. "Avian hatching egg" does not include fertile eggs marketed for human consumption.
[PL 2017, c. 205, §1 (AMD).]
2.  Rules.
The commissioner shall adopt rules to establish importation requirements necessary to maintain the health of domestic animals. The commissioner, in consultation with the Commissioner of Inland Fisheries and Wildlife, shall maintain a list of animals for which a permit is required and conditions under which a permit is required for avian hatching eggs prior to entering the State. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[PL 2007, c. 128, §1 (AMD).]
SECTION HISTORY
PL 1973, c. 121 (RPR). PL 1973, c. 625, §40 (AMD). PL 1975, c. 236, §§1,2 (AMD). PL 1977, c. 694, §126 (AMD). PL 1999, c. 765, §7 (AMD). PL 2001, c. 572, §38 (RPR). PL 2005, c. 397, §B3 (AMD). PL 2007, c. 128, §1 (AMD). PL 2017, c. 205, §1 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1810. Agreements

§1810. Agreements
The commissioner is authorized to enter into agreements of cooperation in the name of the State with the United States Department of Agriculture, other states, the Canadian Food Inspection Agency and Canadian provinces for the prevention, control and eradication of diseases among domestic animals.   [PL 2001, c. 572, §39 (AMD).]
SECTION HISTORY
PL 2001, c. 572, §39 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1811. Health requirements for exhibit animals

§1811. Health requirements for exhibit animals
All domestic animals that are to be shown or exhibited in any agricultural show within the State must meet the health requirements of the rules of the commissioner.   [PL 2001, c. 572, §39 (AMD).]
SECTION HISTORY
PL 2001, c. 572, §39 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1812. Brucellosis

§1812. Brucellosis
The commissioner shall, in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375, formulate and implement rules, regulations and methods of procedure generally adopted for the prevention, control and eradication of brucellosis.   [PL 1981, c. 197, §2 (AMD).]
Cattle brought into the State may enter pursuant to the provisions of 9 Code of Federal Regulations, Part 78.   [PL 2013, c. 17, §1 (AMD).]
For the prevention and control of brucellosis, the commissioner shall continue to conduct recognized tests on all the herds in the State as required to maintain United States Department of Agriculture certification that the State is free of brucellosis. Such tests must be conducted by regularly employed federal or state veterinarians or technicians or authorized veterinarians and tested by the state laboratory. All animals showing a positive reaction to the test must be identified by a "reactor" ear tag and brand and must be slaughtered, except vaccinated animals under 14 months of age.   [PL 2001, c. 572, §40 (AMD).]
Officially vaccinated calves, if purebred, must be properly identified by an official ear tag provided by the department or registration papers or tattoo number. Grade animals must be tagged with an official ear tag. All officially vaccinated calves must be tattooed with the official state tattoo mark. Evidence of vaccination must be the official state tattoo mark and either a vaccination ear tag or a tattoo number.   [PL 2001, c. 572, §41 (AMD).]
Any person who tampers, with an intent to change or destroy, with a vaccination identification ear tag, official state tattoo mark, tattoo number or the identification on a registration paper shall be subject to a civil penalty of $5,000 for each incident, payable to the State, to be recovered in a civil action.   [PL 1981, c. 197, §2 (NEW).]
For the purpose of this section, the term "officially vaccinated" means a vaccination against brucellosis that complies with the requirements for such vaccination established by the United States Department of Agriculture.   [PL 1981, c. 197, §2 (NEW).]
SECTION HISTORY
PL 1973, c. 42, §2 (AMD). PL 1977, c. 694, §127 (AMD). PL 1981, c. 197, §2 (AMD). PL 1985, c. 545 (AMD). PL 1987, c. 446, §§1,2 (AMD). PL 2001, c. 572, §§40-42 (AMD). PL 2013, c. 17, §§1, 2 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1812-A. Brucellosis in swine

§1812-A. Brucellosis in swine
The commissioner shall, in a manner consistent with the Maine Administrative Procedure Act, formulate and implement rules for the prevention, control and eradication of brucellosis in swine. Where infection has been found, all swine must be quarantined to the premises until all swine in the infected herd are in compliance with rules or may be slaughtered as the commissioner may direct.   [PL 2001, c. 572, §43 (RPR).]
SECTION HISTORY
PL 1967, c. 182 (NEW). PL 1977, c. 694, §128 (AMD). PL 2001, c. 572, §43 (RPR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1813. Vesicular exanthema -- Definitions

§1813. Vesicular exanthema -- Definitions
As used in sections 1813 to 1815, unless the context otherwise indicates, the following terms shall have the following meanings.   [PL 1979, c. 541, Pt. A, §69 (AMD).]
1.  Garbage.
"Garbage" means all waste material derived in whole or in part from the meat of any animal, including fish and poultry, or other animal material and other refuse of any character whatsoever that has been associated with any such material resulting from the handling, preparation, cooking or consumption of food, except that "garbage" does not include waste from ordinary household operations that is fed directly to swine on the same premises where such a household is located.
[PL 2001, c. 572, §44 (RPR).]
2.  Person.
"Person" shall mean the State, any municipality, political subdivision, institution, public or private corporation, individual, partnership or other entity.
SECTION HISTORY
PL 1979, c. 541, §A69 (AMD). PL 2001, c. 572, §44 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1814. -- license to feed garbage (REPEALED)

§1814. -- license to feed garbage
(REPEALED)
SECTION HISTORY
PL 1979, c. 541, §A70 (AMD). PL 2001, c. 572, §45 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1814-A. License to feed garbage

§1814-A. License to feed garbage
1.  License required.
A person may not feed garbage to swine without first procuring a license from the commissioner. A license may be procured annually for a fee of $25 and must be renewed on the first day of June of each succeeding year. This section does not apply to any person who feeds that person's own household garbage only to swine that are raised for that person's own use.
[PL 2001, c. 572, §46 (NEW).]
2.  Processing of garbage.
Regardless of previous processing, garbage must be thoroughly heated to at least 212 degrees Fahrenheit for at least 30 minutes before being fed to swine unless treated in some other manner that must be approved in writing by the commissioner.
[PL 2001, c. 572, §46 (NEW).]
3.  Moratorium authorized.
When a disease condition exists that may be spread by the feeding of garbage, the commissioner may immediately suspend all garbage feeding licenses and place a moratorium on all garbage feeding in the State.
[PL 2001, c. 572, §46 (NEW).]
3-A.  Application.
An individual, organization or institution, including a public school, that donates garbage to a swine producer for use in swine feed is not required to verify that the swine producer has a license under subsection 1. The commissioner shall ensure any guidance about this section issued to individuals, organizations or institutions clearly states that the donating individual, organization or institution is not required to verify that the swine producer has a license under subsection 1 and that the individual, organization or institution cannot be held responsible for the enforcement of this section or for any assessment of penalties under this section.
[PL 2019, c. 39, §1 (NEW).]
4.  Enforcement.
The commissioner may enter at reasonable times any private or public property to investigate conditions relating to the treating or feeding of garbage.
[PL 2001, c. 572, §46 (NEW).]
5.  Penalties.
Feeding garbage to swine without a license is a civil violation for which a forfeiture of not less than $250 nor more than $500 for an initial violation and not less than $500 nor more than $1,000 for a subsequent violation may be adjudged.
[PL 2001, c. 572, §46 (NEW).]
Feeding garbage to swine during a moratorium imposed by the commissioner is a civil violation for which a penalty of not more than $5,000 may be adjudged.   [PL 2001, c. 572, §46 (NEW).]
SECTION HISTORY
PL 2001, c. 572, §46 (NEW). PL 2019, c. 39, §1 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1815. Disposal of infected animals

§1815. Disposal of infected animals
Any animal infected with or exposed to foot and mouth disease must be killed, buried, destroyed, rendered, processed or otherwise disposed of under the direct supervision of the commissioner or the commissioner's duly authorized agent.   [RR 2021, c. 1, Pt. B, §129 (COR).]
SECTION HISTORY
RR 2021, c. 1, Pt. B, §129 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1816. Tests and equipment

§1816. Tests and equipment
The commissioner or the commissioner's agent is authorized to conduct approved diagnostic tests, procure necessary animals, personnel, equipment and facilities and take other necessary precautions for the suppression and eradication of any disease among domestic animals.   [RR 2021, c. 1, Pt. B, §130 (COR).]
SECTION HISTORY
RR 2021, c. 1, Pt. B, §130 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1817. Disposition of carcasses (REPEALED)

§1817. Disposition of carcasses
(REPEALED)
SECTION HISTORY
PL 2001, c. 572, §47 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1818. Disposal of dead poultry

§1818. Disposal of dead poultry
The owner, occupant or person in possession of any premises wherein poultry or poultry products are raised for sale or processing shall maintain, or have access to, adequate disposal facilities for the sanitary disposal of dead poultry resulting from such poultry operations, and all poultry dying on such premises shall be disposed of by means of such disposal facilities. Such facilities shall be constructed and maintained in accordance with standards and regulations to be promulgated by the commissioner in a manner consistent with the Maine Administrative Procedure Act.   [PL 1977, c. 694, §129 (AMD).]
It shall be illegal to keep or deposit any dead poultry on any premises or places where wild birds or animals have access to them. Public or private dumps are not considered to be proper disposal areas.
SECTION HISTORY
PL 1977, c. 694, §129 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1819. Equine infectious anemia (REPEALED)

§1819. Equine infectious anemia
(REPEALED)
SECTION HISTORY
PL 1973, c. 74 (NEW). PL 1977, c. 409, §1 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1820. Equine infectious anemia (REPEALED)

§1820. Equine infectious anemia
(REPEALED)
SECTION HISTORY
PL 1977, c. 409, §2 (NEW). PL 1981, c. 21, §§1,2 (AMD). PL 2001, c. 572, §48 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 305: ERADICATION OF DISEASES › 7 §1821. Maine chronic wasting disease surveillance program

§1821. Maine chronic wasting disease surveillance program
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Chronic wasting disease" means any member of the family of transmissible spongiform encephalopathies to which cervids, as defined in section 1333, are susceptible.   [PL 2003, c. 386, §17 (AMD).]
B. "Susceptible animal" means any animal, whether domestic or wild, belonging to a species that is capable or believed to be capable of contracting chronic wasting disease.   [PL 1999, c. 765, §8 (NEW).]
[PL 2003, c. 386, §17 (AMD).]
2.  Powers of commissioner.
The commissioner may prohibit the importation of a susceptible animal from a region, state or country where chronic wasting disease has been confirmed.
[PL 2003, c. 386, §17 (AMD).]
3.  Prevention of chronic wasting disease.
The commissioner shall monitor reports of confirmed cases of chronic wasting disease and communicate the contents of those reports to people involved in the production, care or management of susceptible animals. The commissioner shall monitor progress in the development of diagnostic tests and vaccinations for the disease and communicate the availability of tests and vaccines to people involved in the production, care or management of susceptible animals.
[PL 2003, c. 386, §17 (AMD).]
4.  Maine chronic wasting disease surveillance program; rules.
The commissioner shall develop a chronic wasting disease surveillance program. The commissioner, in consultation with the Commissioner of Inland Fisheries and Wildlife, shall adopt rules to establish the requirements for participation in the program. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[PL 2003, c. 386, §17 (NEW).]
SECTION HISTORY
PL 1999, c. 765, §8 (NEW). PL 2003, c. 386, §17 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 307: STATE OF MAINE ANIMAL RESPONSE TEAM › 7 §1901. State of Maine Animal Response Team

§1901. State of Maine Animal Response Team
The commissioner shall develop a State of Maine Animal Response Team, referred to in this section as "the team," to support a unifying network that protects human and animal health through preparation, response and recovery for animal emergencies in the State. The team shall facilitate a prompt, coordinated and effective response to a natural or human‑made disaster affecting animals; decrease the health and safety threat to humans and animals during animal emergencies; and minimize the economic and environmental impacts of animal emergencies. Response activities include but are not limited to providing adequate care for animals taken into custody by the State.   [PL 2023, c. 412, Pt. U, §1 (AMD).]
SECTION HISTORY
PL 2005, c. 146, §2 (NEW). PL 2023, c. 412, Pt. U, §1 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 4: LIVESTOCK DISEASE CONTROL › Chapter 307: STATE OF MAINE ANIMAL RESPONSE TEAM › 7 §1902. State of Maine Animal Response Team Fund

§1902. State of Maine Animal Response Team Fund
The Treasurer of State shall establish a separate account known as the State of Maine Animal Response Team Fund. This fund does not lapse but must be carried forward. The commissioner may accept money from any public or private source for deposit into the fund. The fund may be used to pay costs associated with the administration and activities undertaken by the State of Maine Animal Response Team in accordance with section 1901.   [PL 2005, c. 146, §2 (NEW).]
SECTION HISTORY
PL 2005, c. 146, §2 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 401: CERTIFIED SEED › 7 §2101. Definition

§2101. Definition
The term "certified seed" as used in this Title shall be deemed to mean potato, vegetable, forage crop or grain seeds as shall have been grown and prepared for sale in accordance with regulations laid down by the commissioner and for which a certificate or tag has been issued as provided in section 2103. Authority to make, in a manner consistent with the Maine Administrative Procedure Act, all reasonable rules and regulations is given the said commissioner.   [PL 1977, c. 694, §130 (AMD).]
No seed potatoes grown outside the State shall be sold or exposed for sale in the State unless that seed meets the standards of Maine certified seed potatoes as defined by the commissioner.   [PL 1979, c. 321 (NEW).]
SECTION HISTORY
PL 1977, c. 694, §130 (AMD). PL 1979, c. 321 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 401: CERTIFIED SEED › 7 §2102. Certification and inspection fee

§2102. Certification and inspection fee
A grower of potato, vegetable, forage crop or grain seeds may make application to the commissioner for inspection and certification of a crop growing or to be grown in this State. The grower shall provide the commissioner with the location and a description of the land on which the crop is grown and any additional information required by the commissioner. The grower shall enter into an agreement to pay inspection and certification fees determined by the commissioner to cover the cost of inspection and certification. Upon entering into an agreement with a grower, the commissioner or an agent of the commissioner shall list that grower's crops to be inspected and shall inspect and certify the crops in accordance with rules adopted pursuant to this chapter. All certification and inspection fees received in accordance with this section must be deposited in the Certified Seed Fund established in section 2107.   [PL 2003, c. 578, §5 (RPR).]
SECTION HISTORY
PL 1977, c. 694, §131 (AMD). PL 2003, c. 578, §5 (RPR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 401: CERTIFIED SEED › 7 §2103. Certificates and counterfeits

§2103. Certificates and counterfeits
The commissioner may issue a certificate or tag that must be attached to each container or package in which certified seed is offered or exposed for sale. Such tag or certificate must indicate the name of the grower, the shipping station or depot, the name of the inspector making the final inspection, the variety of the seed and bear the imprint of the seal of the State. Any tag having the words "inspected" or "certified seed" thereon, attached to the container or package in which certified seed is offered or exposed for sale, must be so attached thereto that the whole of said certificate or tag is in full view. Any person who knowingly misuses any such tag or certificate or who attaches to any package or container of seed, which has not been duly inspected and certified, any such tag or certificate that has printed thereon the words "certified seed" or that by reason of color, size, shape or otherwise conveys the impression that the seed has been certified by the commissioner, or the commissioner's agents, commits a civil violation for which a fine of $50 may be adjudged for each violation and must be thenceforth denied the privileges of this chapter.   [RR 2021, c. 1, Pt. B, §131 (COR).]
SECTION HISTORY
PL 1977, c. 696, §90 (AMD). RR 2021, c. 1, Pt. B, §131 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 401: CERTIFIED SEED › 7 §2103-B. Foundation seed potato production areas

§2103-B. Foundation seed potato production areas
The commissioner may, upon the request of potato growers in a specified area and in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375, designate "foundation seed potato production areas" and, in consultation with the Seed Potato Board, Cooperative Extensive Service, University of Maine System Agricultural Experiment Station and appropriate industry organizations, establish within these areas such certified seed production practices as the commissioner considers beneficial to the industry.   [RR 2021, c. 1, Pt. B, §132 (COR).]
SECTION HISTORY
PL 1983, c. 565, §1 (NEW). PL 1985, c. 779, §36 (AMD). RR 2021, c. 1, Pt. B, §132 (COR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 401: CERTIFIED SEED › 7 §2104. Arrears in payments

§2104. Arrears in payments
No person who is in arrears as to payment for past services of the department under sections 2101 to 2103 shall be entitled to further services until payment of all such arrears shall have been made.
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 401: CERTIFIED SEED › 7 §2104-A. Arrears in payments to Seed Potato Board

§2104-A. Arrears in payments to Seed Potato Board
A person who on July 15th of any year is in arrears as to full payment for potato seed purchased from the Seed Potato Board is not eligible for listing in the Maine certified seed potatoes book for that year published by the department's division of animal and plant health.   [PL 2011, c. 420, Pt. A, §4 (AMD).]
SECTION HISTORY
PL 2009, c. 393, §6 (NEW). PL 2011, c. 420, Pt. A, §4 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 401: CERTIFIED SEED › 7 §2105. Violations

§2105. Violations
Any person who violates any of the provisions of this chapter or any rule promulgated under this chapter is subject to a civil penalty not to exceed $500.   [PL 1983, c. 565, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 565, §2 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 401: CERTIFIED SEED › 7 §2106. Working capital advance

§2106. Working capital advance
The State Controller is authorized to advance $300,000 from the General Fund unappropriated surplus to the Certified Seed Fund established in section 2107 during any state fiscal year, if requested in writing by the director of the division of animal and plant health, to be used to provide cash necessary to meet current expenditures of the seed certification program. These funds must be returned to the General Fund unappropriated surplus before the close of the state fiscal year in which the advance was made. The State Controller shall report to the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs within 30 days of making any working capital advance for this purpose.   [PL 2011, c. 420, Pt. A, §5 (AMD).]
SECTION HISTORY
PL 1999, c. 4, §E1 (NEW). PL 2003, c. 578, §6 (AMD). PL 2011, c. 420, Pt. A, §5 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 401: CERTIFIED SEED › 7 §2107. Certified Seed Fund

§2107. Certified Seed Fund
There is established the Certified Seed Fund. The fund receives all certification and inspection fees paid in accordance with section 2102 and all other funds received in support of operating a statewide seed certification program. All money deposited in the fund must be used for the management and operation of the seed certification program. Unexpended balances in the fund do not lapse and must be carried forward to be used for the purposes specified in this section. Any interest earned on the revenue deposited in the fund accrues to the fund.   [PL 2003, c. 578, §7 (NEW).]
SECTION HISTORY
PL 2003, c. 578, §7 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 401: CERTIFIED SEED › 7 §2108. Annual General Fund transfer

§2108. Annual General Fund transfer
On or before July 31st of each fiscal year, the State Controller shall transfer $120,000 from General Fund undedicated revenue to the Certified Seed Fund established in section 2107.   [PL 2005, c. 12, Pt. HHH, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 12, §HHH1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 403: SEED POTATO BOARD › 7 §2151. Creation and membership

§2151. Creation and membership
The Seed Potato Board, established by Title 5, section 12004‑H, subsection 5, is overseen by and is the responsibility of the Maine Potato Board, a public instrumentality of the State established in Title 36, section 4603. The Seed Potato Board, referred to in this chapter as "the seed board," consists of the commissioner and 8 members appointed in accordance with subsections 1 and 2.   [PL 2009, c. 379, §1 (RPR).]
1.  Appointments by the commissioner.
The commissioner shall appoint 2 members to the seed board as follows:
A. A representative of the potato industry in a county other than Aroostook County; and   [PL 2009, c. 379, §1 (NEW).]
B. A person producing potatoes in Aroostook County primarily for processing.   [PL 2009, c. 379, §1 (NEW).]
[PL 2009, c. 379, §1 (NEW).]
2.  Appointments by the Maine Potato Board.
The Maine Potato Board as established in Title 36, section 4603 shall appoint 6 members to the seed board representing the potato industry in Aroostook County, including:
A. One producing primarily tablestock potatoes; and   [PL 2009, c. 379, §1 (NEW).]
B. One producing potatoes primarily for processing.   [PL 2009, c. 379, §1 (NEW).]
[PL 2009, c. 379, §1 (NEW).]
SECTION HISTORY
PL 1971, c. 594, §9 (RPR). PL 1983, c. 565, §3 (AMD). PL 1983, c. 812, §50 (AMD). PL 1989, c. 503, §B45 (AMD). PL 2009, c. 379, §1 (RPR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 5: PLANT INDUSTRY › Chapter 403: SEED POTATO BOARD › 7 §2152. Terms; vacancies; expenses

§2152. Terms; vacancies; expenses
Each appointed member of the seed board serves for a term of 2 years or until the member's successor has been appointed and qualified, except that a member may not serve for more than 3 consecutive terms.   [PL 2009, c. 379, §2 (AMD).]
Upon the expiration of the term of office of any appointed member of the seed board, the member's successor must be appointed by the member's appointing authority under section 2151. In the case of a vacancy for any reason, the member's appointing authority under section 2151 shall appoint a member to fill the unexpired term.   [PL 2009, c. 379, §2 (AMD).]
The members of the seed board are not entitled to compensation, but all their expenses incurred in attending meetings must be paid by the Maine Potato Board as established in Title 36, section 4603 out of the seed potato account established in accordance with Title 36, section 4604, subsection 4.   [PL 2009, c. 379, §2 (AMD).]
SECTION HISTORY
PL 1971, c. 594, §9 (RPR). PL 1983, c. 565, §4 (AMD). PL 2009, c. 379, §2 (AMD).