reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 725: MUNICIPAL DUTIES › 7 §3946. Dog recorders in unorganized territories

§3946. Dog recorders in unorganized territories
Dog recorders appointed by the commissioner in unorganized territories shall issue dog licenses, receive the license fees and pay them to the department. The recorders shall keep the clerk's copy of all licenses issued by them and make reports to the department on a form approved by the department of all licenses issued and fees received. The recorders shall report following each month in which licenses are actually issued and fees are actually collected.   [PL 1995, c. 490, §15 (AMD).]
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 1991, c. 779, §38 (AMD). PL 1995, c. 490, §15 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 725: MUNICIPAL DUTIES › 7 §3947. Animal control officers

§3947. Animal control officers
Each municipality shall appoint one or more animal control officers whose duties are enforcement of sections 3911, 3912, 3916, 3921, 3924, 3948, 3950, 3950‑A, 3952‑A, 4041 and 4042 and Title 17, section 1023, responding to reports of animals suspected of having rabies in accordance with Title 22, sections 1313 and 1313‑A and any other duties to control animals as the municipality may require. A municipality may appoint an employee of an animal shelter as an animal control officer as long as the person meets the qualifications and training requirements of this section.   [PL 2019, c. 437, §2 (AMD).]
A municipality may not appoint a person to the position of animal control officer who has been convicted of murder, a Class A or Class B offense or a violation of Title 17‑A, chapter 9, 11, 12 or 13 or has been convicted of a criminal violation under Title 17, chapter 42 or has been adjudicated of a civil violation for cruelty to animals under chapter 739 or who has been convicted or adjudicated in any other state, provincial or federal court of a violation similar to those specified in this section.   [PL 2007, c. 439, §26 (AMD).]
Animal control officers must be certified in accordance with section 3906‑B, subsection 4. Upon initial appointment, an animal control officer must complete basic training and be certified by the commissioner within 6 months of appointment.   [PL 2007, c. 439, §26 (AMD).]
An animal control officer must attend advanced training programs as described under section 3906‑B, subsection 4 to maintain certification. An animal control officer must have a minimum of 8 hours of training each year.   [PL 2007, c. 439, §26 (NEW).]
Upon appointment of an animal control officer, municipal clerks shall notify the commissioner of the name, address and telephone number of the animal control officer within 10 business days. In the event the position is vacant upon termination or resignation of the animal control officer, the municipal clerk shall notify the commissioner within 10 business days of the vacancy.   [PL 2009, c. 343, §20 (AMD).]
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 1987, c. 643, §3 (AMD). PL 1991, c. 779, §39 (AMD). PL 1993, c. 468, §15 (AMD). PL 1995, c. 490, §16 (AMD). PL 1997, c. 690, §28 (AMD). PL 2007, c. 439, §26 (AMD). PL 2009, c. 177, §1 (AMD). PL 2009, c. 343, §20 (AMD). PL 2017, c. 404, §9 (AMD). PL 2019, c. 437, §2 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 725: MUNICIPAL DUTIES › 7 §3948. Animal control

§3948. Animal control
1.  Control.
Municipalities shall control dogs running at large.
[PL 1997, c. 690, §29 (AMD).]
2.  Medical attention.
Law enforcement officers and animal control officers shall take a stray animal to its owner, if known, or, if the owner is unknown, shall ensure that any injured companion animal that is at large or in a public way is given proper medical attention.
[PL 2009, c. 343, §21 (AMD).]
3.  Domesticated and undomesticated animals.
A municipality shall control domesticated animals that are a cause of complaint in the community. A municipality shall control animals that pose a threat to public health or safety. A municipality may control undomesticated animals in matters on which no other department is charged by law to regulate.
[PL 1997, c. 690, §31 (AMD).]
4.  Reporting.
By January 31st of each year, a municipality shall report to the animal welfare program of the department all complaints related to animal control incidents for the prior calendar year. The report must include the number and type of animal complaints received and responded to by municipal animal control officers, law enforcement officers or municipal officials and the outcomes of each investigation. The reports must be on forms provided by the department.
[PL 2017, c. 404, §10 (NEW).]
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 1987, c. 643, §4 (AMD). PL 1993, c. 468, §16 (AMD). PL 1995, c. 490, §17 (AMD). PL 1997, c. 690, §§29-31 (AMD). PL 2009, c. 343, §21 (AMD). PL 2017, c. 404, §10 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 725: MUNICIPAL DUTIES › 7 §3949. Animal shelter designation

§3949. Animal shelter designation
Municipal clerks, annually, on or before April 1st, shall certify to the commissioner the name and location of the animal shelter with which the municipality has entered into a contract to accept stray animals or have an arrangement for an animal shelter that will accept stray animals. Animal shelters designated by the municipality under this section must comply with commissioner rules.   [PL 1997, c. 690, §32 (AMD).]
A municipality may contract with an animal shelter licensed under section 3932-A for other animal control services. A municipality may not contract with a shelter for the performance of the duties of an animal control officer as specified in section 3947 unless an employee of that shelter is the appointed animal control officer for that municipality and the duties of an animal control officer are performed by the person so appointed.   [PL 2009, c. 177, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 1993, c. 468, §25 (AMD). PL 1993, c. 657, §40 (AMD). PL 1997, c. 690, §32 (AMD). PL 2009, c. 177, §2 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 725: MUNICIPAL DUTIES › 7 §3950. Local regulations

§3950. Local regulations
Each municipality is empowered to adopt or retain more stringent ordinances, laws or regulations dealing with the subject matter of this chapter, including the establishment of fees necessary and appropriate to finance the cost of animal control services, except that municipalities may not adopt breed-specific ordinances, laws or regulations. Any less restrictive municipal ordinances, laws or regulations are invalid and of no force and effect.   [PL 2013, c. 595, Pt. U, §1 (AMD).]
1.  Certain agricultural working dogs exempt from barking dog ordinances.
A municipal ordinance, law or regulation that prohibits or limits barking dogs does not apply to dogs engaged in herding livestock or to agricultural guard dogs engaged in protecting livestock or warning the owners of danger to the livestock. For the purposes of this subsection, the term "livestock" has the same meaning as in section 3907, subsection 18‑A.
[PL 2005, c. 138, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 1991, c. 779, §40 (AMD). PL 2005, c. 138, §1 (AMD). PL 2013, c. 595, Pt. U, §1 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 725: MUNICIPAL DUTIES › 7 §3950-A. Official refusal or neglect of duty

§3950-A. Official refusal or neglect of duty
1.  Violation.
A mayor, municipal officer, clerk, town or city manager, administrative assistant to the mayor, town or city councilor, dog recorder of unorganized territories, constable, police officer, sheriff or animal control officer commits a civil violation if that person refuses or intentionally fails to perform the duties imposed by:
A. This chapter;   [PL 2003, c. 452, Pt. B, §21 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. Chapter 719;   [PL 2003, c. 452, Pt. B, §21 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
C. Chapter 720;   [PL 2003, c. 452, Pt. B, §21 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
D. Chapter 721;   [PL 2003, c. 452, Pt. B, §21 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
E. Chapter 725; or   [PL 2003, c. 452, Pt. B, §21 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
F. Chapter 727.   [PL 2003, c. 452, Pt. B, §21 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
[PL 2003, c. 452, Pt. B, §21 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
2.  Penalty.
A person who violates subsection 1 commits a civil violation for which a fine of not less than $50 and not more than $500 and costs may be adjudged and, for an animal control officer, revocation of that person's certification as an animal control officer may be imposed.
[PL 2021, c. 99, §9 (AMD).]
3.  Investigation.
The commissioner, at the commissioner's own instance or upon written complaint made to the commissioner by another person, shall investigate an alleged refusal or neglect of duty by a municipal officer.
[PL 2003, c. 452, Pt. B, §21 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
4.  Prosecution.
The commissioner shall direct proceedings, actions and prosecutions to be instituted to enforce all laws relating to animals and to the liability of municipal officers and their agents for failure, neglect or refusal to comply with the laws relating to animals.
[PL 2003, c. 452, Pt. B, §21 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 1995, c. 490, §18 (AMD). PL 1995, c. 557, §2 (AMD). PL 1997, c. 690, §33 (AMD). PL 2003, c. 452, §B21 (RPR). PL 2003, c. 452, §X2 (AFF). PL 2009, c. 343, §22 (AMD). PL 2021, c. 99, §9 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 725: MUNICIPAL DUTIES › 7 §3950-B. Euthanasia for severely sick or severely injured livestock

§3950-B. Euthanasia for severely sick or severely injured livestock
1.  Written authorization.
A humane agent, animal control officer or animal shelter may authorize in writing the euthanasia of severely sick or severely injured livestock under the following conditions:
A. The clerk or animal control officer of the municipality in which the livestock was found has been notified of the livestock's presence and a reasonable attempt to contact the owner of the livestock has been made; and   [PL 2019, c. 437, §3 (NEW).]
B. A veterinarian states in writing that given reasonable time and reasonable care the livestock's recovery from the livestock's sickness or injury is doubtful.   [PL 2019, c. 437, §3 (NEW).]
[PL 2019, c. 437, §3 (NEW).]
2.  Immediate euthanasia.
Notwithstanding subsection 1, paragraphs A and B, a veterinarian may authorize immediate euthanasia if, in the veterinarian's judgment, there is no possibility of recovery for severely sick or severely injured livestock.
[PL 2019, c. 437, §3 (NEW).]
SECTION HISTORY
PL 2019, c. 437, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 725: MUNICIPAL DUTIES › 7 §3950-C. Immunity from civil liability

§3950-C. Immunity from civil liability
A municipality, veterinarian, humane agent, animal control officer or animal shelter is not civilly liable to any party for authorization made in accordance with section 3950‑B nor is any person performing euthanasia under that authorization civilly liable.   [PL 2019, c. 437, §3 (NEW).]
SECTION HISTORY
PL 2019, c. 437, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 727: DANGEROUS DOGS AND NUISANCE DOGS › 7 §3951. Killing for assault permitted

§3951. Killing for assault permitted
Any person may lawfully kill a dog if necessary to protect that person, another person or a domesticated animal during the course of a sudden, unprovoked assault.   [PL 1997, c. 690, §34 (AMD).]
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 1997, c. 690, §34 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 727: DANGEROUS DOGS AND NUISANCE DOGS › 7 §3952. Keeping a dangerous dog (REPEALED)

§3952. Keeping a dangerous dog
(REPEALED)
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 1987, c. 736, §6 (AMD). PL 1989, c. 212 (AMD). PL 1997, c. 690, §§35,36 (AMD). PL 1999, c. 350, §2 (AMD). PL 2001, c. 399, §5 (AMD). PL 2003, c. 71, §1 (AMD). PL 2007, c. 170, §§1-4 (AMD). PL 2007, c. 702, §9 (AMD). RR 2009, c. 1, §9 (COR). PL 2011, c. 82, §§1, 2 (AMD). PL 2011, c. 559, Pt. A, §4 (AMD). PL 2017, c. 404, §11 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 727: DANGEROUS DOGS AND NUISANCE DOGS › 7 §3953. Stealing, injuring or killing dogs

§3953. Stealing, injuring or killing dogs
Except as provided in section 3951 and Title 12, section 12404, and unless the killing is justified to protect persons or property, a person who steals, confines or secretes, willfully or negligently injures or willfully or negligently kills a dog is liable in damages to the dog's owner in a civil action.   [PL 2003, c. 414, Pt. B, §13 (AMD); PL 2003, c. 614, §9 (AFF).]
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 1997, c. 690, §37 (AMD). PL 2003, c. 414, §B13 (AMD). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 727: DANGEROUS DOGS AND NUISANCE DOGS › 7 §3954. Prohibitions on dangerous dogs and nuisance dogs

§3954. Prohibitions on dangerous dogs and nuisance dogs
1.  Prohibitions.
A person may not:
A. [PL 2019, c. 95, §1 (RP).]
B. Transfer ownership of a dog determined by a court of competent jurisdiction to be a dangerous dog without the permission of the court, unless the transfer is to an animal control officer or an animal shelter that has a contract with a municipality to euthanize the dog for the municipality; or   [PL 2017, c. 404, §13 (NEW).]
C. Tether a dog determined by a court of competent jurisdiction to be a dangerous dog or a nuisance dog.   [PL 2017, c. 404, §13 (NEW).]
[PL 2019, c. 95, §1 (AMD).]
2.  Penalty.
A person who violates subsection 1 commits a civil violation for which a fine not to exceed $100 may be adjudged in addition to court costs.
[PL 2017, c. 404, §13 (NEW).]
SECTION HISTORY
PL 2017, c. 404, §13 (NEW). PL 2019, c. 95, §1 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 727: DANGEROUS DOGS AND NUISANCE DOGS › 7 §3955. Leaving the scene of an assault by a dog that causes an injury that requires medical attention for a person

§3955. Leaving the scene of an assault by a dog that causes an injury that requires medical attention for a person
1.  Required actions by owner or keeper.
The owner or keeper of a dog that assaults a person and causes an injury that requires medical attention shall comply with the requirements of this section before leaving the scene of the assault:
A. The owner or keeper shall secure aid for the injured person, including, as appropriate, securing medical assistance and reporting the assault to the local law enforcement agency;   [PL 2019, c. 134, §1 (NEW).]
B. After securing aid for the injured person, the owner or keeper may leave the scene on a temporary basis in order to contain the dog that assaulted the person; and   [PL 2019, c. 134, §1 (NEW).]
C. After securing aid for the injured person and containing the dog that assaulted the person, the owner or keeper shall provide the owner's or keeper's name, current address and contact information to the injured person, a person acting for the injured person or a law enforcement officer.   [PL 2019, c. 134, §1 (NEW).]
[PL 2019, c. 134, §1 (NEW).]
2.  Violation.
A violation of this section is a Class D crime.
[PL 2019, c. 134, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 134, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 729: DAMAGE BY ANIMALS › 7 §3961. Reimbursement for damage done by animals

§3961. Reimbursement for damage done by animals
1.  Injuries and damages by animal.
When an animal damages a person or that person's property due to negligence of the animal's owner or keeper, the owner or keeper of that animal is liable in a civil action to the person injured for the amount of damage done if the damage was not occasioned through the fault of the person injured.
[PL 2001, c. 220, §1 (NEW).]
2.  Injuries by dog.
Notwithstanding subsection 1, when a dog injures a person who is not on the owner's or keeper's premises at the time of the injury, the owner or keeper of the dog is liable in a civil action to the person injured for the amount of the damages. Any fault on the part of the person injured may not reduce the damages recovered for physical injury to that person unless the court determines that the fault of the person injured exceeded the fault of the dog's keeper or owner.
[PL 2001, c. 220, §1 (NEW).]
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 1999, c. 254, §8 (AMD). PL 2001, c. 220, §1 (RPR).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 729: DAMAGE BY ANIMALS › 7 §3961-A. Attack on service animal or assistance animal

§3961-A. Attack on service animal or assistance animal
A person who owns or keeps a dog that attacks, injures or kills a service animal or assistance animal while the service animal or assistance animal is in discharge of its duties commits a civil violation for which a forfeiture of not more than $1,000 may be adjudged.   [PL 2015, c. 457, §6 (AMD).]
When a person is adjudicated of a violation of this section, the court shall order the person to make restitution to the owner of the service animal or assistance animal for any veterinary bills and necessary retraining costs or replacement costs of the service animal or assistance animal if it is disabled or killed.   [PL 2015, c. 457, §6 (AMD).]
For the purposes of this section, "service animal" has the same meaning as set forth in Title 5, section 4553, subsection 9‑E. For the purposes of this section, "assistance animal" has the same meaning as set forth in Title 5, section 4553, subsection 1‑H.   [PL 2015, c. 457, §6 (AMD).]
SECTION HISTORY
PL 2001, c. 220, §2 (NEW). PL 2007, c. 664, §13 (AMD). PL 2011, c. 369, §4 (AMD). PL 2015, c. 457, §6 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 729: DAMAGE BY ANIMALS › 7 §3962. Complaint and recovery (REPEALED)

§3962. Complaint and recovery
(REPEALED)
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 1993, c. 468, §18 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 729: DAMAGE BY ANIMALS › 7 §3962-A. Penalty for damage to livestock or pets by animals

§3962-A. Penalty for damage to livestock or pets by animals
1.  Violation.
Except as provided in subsection 3, the owner or keeper of an animal that due to negligence of the animal's owner or keeper kills or injures livestock, poultry, domestic rabbits or pets commits a civil violation for which a forfeiture not to exceed $100 may be adjudged in addition to costs.
[PL 1999, c. 254, §9 (AMD).]
2.  Additional remedy.
A person who suffers damage as a result of a violation of subsection 1 may also pursue a civil action against the owner or keeper of the animal pursuant to section 3961.
[PL 1999, c. 254, §9 (AMD).]
3.  Exception.
If the owner or keeper of an animal that kills or injures another animal establishes that the animal that was killed or injured provoked the killing or injury or that the animal that committed the killing or injury was leashed or controlled on the owner's or keeper's property at the time of the killing or injury, then the owner or keeper is not liable under this section or section 3961.
[PL 1999, c. 254, §9 (AMD).]
SECTION HISTORY
PL 1993, c. 468, §19 (NEW). PL 1995, c. 351, §2 (RPR). PL 1999, c. 254, §9 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 729: DAMAGE BY ANIMALS › 7 §3963. Joint and several liability

§3963. Joint and several liability
If any properly enclosed livestock, poultry, domestic rabbits or pets are killed or injured by 2 or more dogs at the same time and the dogs are kept by 2 or more owners or keepers, the owners or keepers are jointly and severally liable for the damage.   [PL 1995, c. 351, §3 (AMD).]
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 1995, c. 351, §3 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 729: DAMAGE BY ANIMALS › 7 §3964. Damage by animals (REPEALED)

§3964. Damage by animals
(REPEALED)
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 1995, c. 351, §4 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 730: FERRETS (REPEALED) › 7 §3966. Control of ferrets; seller's obligation (REPEALED)

§3966. Control of ferrets; seller's obligation
(REPEALED)
SECTION HISTORY
PL 1987, c. 643, §5 (NEW). PL 1989, c. 342, §1 (AMD). PL 1995, c. 490, §19 (AMD). PL 1997, c. 690, §38 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 730: FERRETS (REPEALED) › 7 §3967. Seizing of ferrets (REPEALED)

§3967. Seizing of ferrets
(REPEALED)
SECTION HISTORY
PL 1987, c. 643, §5 (NEW). PL 1993, c. 468, §20 (AMD). PL 1993, c. 657, §41 (AMD). PL 1997, c. 690, §38 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 730: FERRETS (REPEALED) › 7 §3968. Disposition of ferrets (REPEALED)

§3968. Disposition of ferrets
(REPEALED)
SECTION HISTORY
PL 1987, c. 643, §5 (NEW). PL 1993, c. 468, §20 (AMD). PL 1993, c. 657, §42 (AMD). PL 1997, c. 690, §38 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 730: FERRETS (REPEALED) › 7 §3969. Bites by ferrets (REPEALED)

§3969. Bites by ferrets
(REPEALED)
SECTION HISTORY
PL 1987, c. 643, §5 (NEW). PL 1997, c. 690, §38 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 730: FERRETS (REPEALED) › 7 §3970. Violations and damage caused by ferrets (REPEALED)

§3970. Violations and damage caused by ferrets
(REPEALED)
SECTION HISTORY
PL 1987, c. 643, §5 (NEW). PL 1997, c. 690, §38 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 730-A: BREEDING, SALE AND TRANSPORTATION OF SMALL MAMMALS › 7 §3970-A. Sale and importation of juvenile ferrets

§3970-A. Sale and importation of juvenile ferrets
1.  Prohibition on sale.
A person, firm, corporation or other business entity may not sell or offer for sale or resale in the State any ferret that is less than 8 weeks of age as determined by examination for adult canine dentition.
[PL 2003, c. 262, §1 (NEW).]
2.  Prohibition on importation.
A person, firm, corporation or other business entity may not ship or bring into the State any ferret that is less than 8 weeks of age as determined by examination for adult canine dentition unless that ferret is transported with its mother.
[PL 2003, c. 262, §1 (NEW).]
3.  Penalty.
A person who violates this section commits a civil violation for which a fine not to exceed $100 per violation may be adjudged.
[PL 2003, c. 262, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 262, §1 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 730-A: BREEDING, SALE AND TRANSPORTATION OF SMALL MAMMALS › 7 §3970-B. Breeding and sale of small mammals

§3970-B. Breeding and sale of small mammals
1.  Rulemaking.
The commissioner shall adopt major substantive rules in accordance with Title 5, chapter 375, subchapter 2‑A to regulate the breeding and sale of small mammals, including, but not limited to, guinea pigs, hamsters and rabbits. The rules must reflect the standards of the Animal and Plant Health Inspection Service of the United States Department of Agriculture for the care of small mammals. Rules adopted pursuant to this section apply only to persons who are not regulated or required to be licensed under chapter 723 or 735.
[PL 2003, c. 642, §2 (NEW).]
2.  Penalty.
A person who violates the rules adopted under this section commits a civil violation for which a fine not to exceed $100 per violation may be adjudged.
[PL 2003, c. 642, §2 (NEW).]
SECTION HISTORY
PL 2003, c. 642, §2 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 731: MISTREATMENT OF ANIMALS › 7 §3971. Vivisection prohibited in public and private schools

§3971. Vivisection prohibited in public and private schools
1.  Use of animals in schools.
No live vertebrate, except eggs, may be used in kindergarten and grades one to 12 of any public or private school as part of a scientific experiment or for any other purpose in which the animal is experimentally medicated or drugged in a manner to cause painful reactions or to induce painful or lethal pathological conditions, or in which the animal is injured through any other type of treatment, experiment or procedure, including, but not limited to, anesthetization or electric shock or where the normal health of the animal is interfered with or where pain or distress is caused.
No person may, in the presence of any student in kindergarten and grades one to 12, practice vivisection or exhibit a vivisected animal. Dissection of dead animals or any portions of dead animals in schools shall be confined to the classroom and to the presence of students engaged in the study of dissection and shall not be for the purpose of exhibition.
This subsection shall also apply to any activity associated with or sponsored by the school system.
[PL 1987, c. 383, §3 (NEW).]
2.  Treatment of animals in general.
Live animals used as class pets or for purposes not prohibited in subsection 1 shall be housed and cared for in a safe and humane manner. The animals shall not remain in school over periods when school is not in session, unless adequate care is provided at all times.
[PL 1987, c. 383, §3 (NEW).]
3.  Standards of treatment.
Any animal whose use is permitted under this section shall be treated in accordance with the ethical and humane standards promulgated by the commissioner pursuant to the rule-making provisions of the Maine Administrative Procedure Act, Title 5, chapter 375, after consultation with representative groups in the State having an interest or expertise in the field of animal welfare, biology and education.
[PL 1987, c. 383, §3 (NEW); PL 1993, c. 468, §25 (AMD).]
4.  Enforcement.
The commissioner shall enforce this section in consultation with the Commissioner of Education.
[PL 1989, c. 700, Pt. A, §34 (AMD); PL 1993, c. 468, §25 (AMD).]
5.  Penalty for violations.
Any person who violates this section shall be punished by a fine of not more than $75.
[PL 1987, c. 383, §3 (NEW).]
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 1989, c. 700, §A34 (AMD). PL 1993, c. 468, §25 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 733: TRANSPORTATION OF ANIMALS › 7 §3982. Liens

§3982. Liens
A railroad, motor truck, common carrier or its receiver, trustee or lessee has a lien on all animals in transit for reimbursement of penalties paid in consequence of the direction or orders of the owner or person in custody of the shipment of animals and for all extra expenses or damages incurred in the care and protection of animals according to this chapter.   [PL 1987, c. 383, §3 (NEW).]
SECTION HISTORY
PL 1987, c. 383, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 733: TRANSPORTATION OF ANIMALS › 7 §3983. Possession of animals unlawfully detained

§3983. Possession of animals unlawfully detained
The commissioner, a humane agent, sheriff, deputy sheriff, constable, police officer or person authorized to make arrests may take possession of any animals detained in violation of this chapter and may unload the animals and place them in properly equipped pens or other suitable enclosures for rest, water and feeding. The commissioner or any person taking possession pursuant to this section has a lien on the animals detained for expenses incurred for the care given.   [PL 1993, c. 468, §25 (AMD).]
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 1993, c. 468, §25 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 733: TRANSPORTATION OF ANIMALS › 7 §3984. Enforcement of lien

§3984. Enforcement of lien
The commissioner or any person having a lien in accordance with section 3982 or 3983 may enforce the lien in the same manner as enforcements of liens on personal property pursuant to Title 10, chapter 631.   [PL 1993, c. 468, §25 (AMD).]
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 1993, c. 468, §25 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 733: TRANSPORTATION OF ANIMALS › 7 §3985. Immunity from liability

§3985. Immunity from liability
Neither the commissioner nor any person having a lien in accordance with section 3982 or 3983 is liable for the detention of animals pursuant to this chapter.   [PL 1993, c. 468, §25 (AMD).]
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 1993, c. 468, §25 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 735: RESEARCH INSTITUTIONS › 7 §3991. Regulation of research institutions (REPEALED)

§3991. Regulation of research institutions
(REPEALED)
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 1993, c. 468, §25 (AMD). PL 1999, c. 547, §B24 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2003, c. 405, §22 (AMD). PL 2003, c. 452, §B22 (RP). PL 2003, c. 452, §X2 (AFF).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 737: CALF AND PIG SCRAMBLES › 7 §4001. Regulation of calf and pig scrambles

§4001. Regulation of calf and pig scrambles
1.  Permit required.
Any person sponsoring a calf or pig scramble shall obtain a permit from the commissioner for each specific event at least 10 days before the event.
[PL 1993, c. 468, §25 (AMD).]
2.  Application.
Applications for calf or pig scramble permits shall specify the name of the applicant, the type of scramble and the date or dates of the scramble.
[PL 1987, c. 383, §3 (NEW).]
3.  Fee.
A fee of $10 must be submitted with any application for a calf or pig scramble.
[PL 1999, c. 254, §10 (AMD).]
4.  Rules.
Each applicant obtaining a permit under this section is subject to the rules adopted by the commissioner on the weight and size of animals, age of participants, length of event and such other requirements as the commissioner considers necessary.
[PL 1997, c. 690, §43 (AMD).]
5.  Violation.
Any person who violates this chapter or any of the rules issued pursuant to this chapter commits a civil violation for which a forfeiture not to exceed $100 may be adjudged.
[PL 1987, c. 383, §3 (NEW).]
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 1993, c. 468, §25 (AMD). PL 1997, c. 690, §43 (AMD). PL 1999, c. 254, §10 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 739: CRUELTY TO ANIMALS › 7 §4012. Cruelty to birds

§4012. Cruelty to birds
1.  Cruelty to birds.
A person is guilty of cruelty to birds if that person:
A. Keeps or uses any live pigeon, fowl or other bird for a target or to be shot at, either for amusement or as a test of skill in marksmanship;   [PL 1987, c. 383, §3 (NEW).]
B. Shoots at any bird or is present as a party, umpire or judge at a shooting; or   [PL 1987, c. 383, §3 (NEW).]
C. Rents any building, shed, room, yard, field or premises or knowingly allows the use of the same for the purposes of paragraphs A and B.   [PL 1997, c. 690, §45 (AMD).]
[PL 1997, c. 690, §45 (AMD).]
2.  Construction.
This section may not be construed to prohibit the shooting of wild game in its wild state or the shooting of birds at field trials under the supervision of the Department of Inland Fisheries and Wildlife in accordance with Title 12, chapter 915, subchapter 13.
[PL 2003, c. 414, Pt. B, §16 (AMD); PL 2003, c. 614, §9 (AFF).]
3.  Affirmative defense.
It is an affirmative defense to this section that the conduct involved the use of live animals in the training of other animals in accordance with the laws of the Department of Inland Fisheries and Wildlife, Title 12, Part 13.
[PL 2003, c. 414, Pt. B, §16 (AMD); PL 2003, c. 614, §9 (AFF).]
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 1997, c. 690, §45 (AMD). PL 2003, c. 414, §B16 (AMD). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 739: CRUELTY TO ANIMALS › 7 §4013. Necessary sustenance

§4013. Necessary sustenance
No person owning or responsible for confining or impounding any animal may fail to supply the animal with a sufficient supply of food and water as prescribed in this section.   [PL 1987, c. 383, §3 (NEW).]
1.  Food.
The food shall be of sufficient quantity and quality to maintain all animals in good health.
[PL 1987, c. 383, §3 (NEW).]
2.  Water.
If potable water is not accessible to the animal at all times, it must be provided daily and in sufficient quantity for the health of the animal. Snow or ice is not an adequate water source.
[PL 2003, c. 405, §23 (AMD).]
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 2003, c. 405, §23 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 739: CRUELTY TO ANIMALS › 7 §4014. Necessary medical attention

§4014. Necessary medical attention
No person owning or responsible for confining or impounding any animal may fail to supply the animal with necessary medical attention when the animal is or has been suffering from illness, injury, disease, excessive parasitism or malformed or overgrown hoof.   [PL 1987, c. 383, §3 (NEW).]
SECTION HISTORY
PL 1987, c. 383, §3 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 739: CRUELTY TO ANIMALS › 7 §4017. Rules

§4017. Rules
The commissioner may adopt any rules necessary or useful to carry out this chapter pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375.   [PL 1997, c. 690, §46 (AMD).]
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 1993, c. 468, §25 (AMD). PL 1997, c. 690, §46 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 739: CRUELTY TO ANIMALS › 7 §4018. Report of suspected cruelty

§4018. Report of suspected cruelty
1.  Report by veterinarian.
Except as provided in subsection 1‑A, a veterinarian licensed in accordance with Title 32, chapter 71‑A who, while acting in a professional capacity, has reasonable cause to suspect that an animal is the subject of cruelty or neglect in violation of this chapter or Title 17, chapter 42 may report the suspected violation to the commissioner or the commissioner's designee. A veterinarian making a report under this section may appear and testify in a judicial or administrative proceeding concerning the condition or care of the animal.
[PL 2007, c. 702, §18 (AMD).]
1-A.  Report by veterinarian required.
A veterinarian licensed in accordance with Title 32, chapter 71‑A who, while acting in a professional capacity, has reasonable cause to suspect that an animal is the subject of aggravated cruelty under Title 17, section 1031, subsection 1‑B shall report the suspected violation to the commissioner or the commissioner's designee. A veterinarian making a report under this section may appear and testify in a judicial or administrative proceeding concerning the condition or care of the animal.
[PL 2007, c. 702, §19 (NEW).]
2.  Immunity.
A veterinarian reporting or testifying under this section is immune from criminal or civil liability or professional disciplinary action that might otherwise result from these actions. The immunity from liability for releasing confidential information applies only to the release of information to the court or to the department, an animal control officer, attorney for the State or law enforcement agency involved in the investigation.
[PL 2001, c. 422, §11 (NEW).]
SECTION HISTORY
PL 2001, c. 422, §11 (NEW). PL 2007, c. 702, §§18, 19 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 739: CRUELTY TO ANIMALS › 7 §4019. Removal from unattended motor vehicle

§4019. Removal from unattended motor vehicle
1.  Removal authorized.
A law enforcement officer, humane agent, animal control officer, firefighter as defined in Title 26, section 2101 or security guard licensed under Title 32, chapter 93, referred to in this section as "authorized persons," may take all steps that are reasonably necessary to remove an animal from a motor vehicle if the animal's safety, health or well-being appears to be in immediate danger from heat, cold or lack of adequate ventilation and the conditions could reasonably be expected to cause extreme suffering or death.
[PL 2019, c. 370, §6 (AMD).]
2.  Notice required.
A law enforcement officer, humane agent or animal control officer who removes an animal in accordance with subsection 1 shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing the officer's or agent's name and office and the address of the location where the animal may be claimed. A firefighter, first responder or security guard who removes an animal in accordance with subsection 1 shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing the person's name and the address of the location where the animal may be claimed. The owner may claim the animal only after payment of all charges that have accrued for the maintenance, care, medical treatment and impoundment of the animal.
[PL 2011, c. 288, §1 (AMD).]
3.  Immunity.
An authorized person who removes an animal from a motor vehicle pursuant to subsection 1 is immune from criminal or civil liability that might otherwise result from the removal.
[PL 2011, c. 288, §1 (AMD).]
SECTION HISTORY
PL 2007, c. 702, §20 (NEW). PL 2011, c. 288, §1 (AMD). PL 2019, c. 370, §6 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 741: ANIMAL TRESPASS › 7 §4042. Stray livestock

§4042. Stray livestock
1.  Ownership of livestock unknown.
If the ownership of any stray livestock cannot be established, the livestock must be handled as a stray and an animal control officer shall seize, impound or restrain the livestock and:
A. Deliver the livestock to an animal shelter, farm or holding facility that is capable of safely containing the number, type and size of the livestock; or   [PL 2019, c. 437, §6 (NEW).]
B. Arrange for the safe confinement of the livestock at a location designated by the municipality in which the livestock was found.   [PL 2019, c. 437, §6 (NEW).]
[PL 2019, c. 437, §6 (NEW).]
2.  Municipal procedure for stray livestock.
A municipality shall retain custody of stray livestock under subsection 1 for a period of 10 days. The municipality is responsible for ensuring the proper care of the livestock while confined, including providing proper sustenance, shelter and necessary medical care. If ownership of the stray livestock is not claimed by any person, after 10 days, ownership of the livestock vests with the municipality or an animal shelter designated by the municipality, and the municipality or designated animal shelter may sell, adopt, give away or humanely euthanize the stray livestock. A municipality may reimburse a farm, holding facility or animal shelter for the care and housing of stray livestock pursuant to this section at the same rates as in section 3919‑C. For purposes of this section, "municipality" includes a county under Title 30‑A, section 7501 if the stray livestock has been found in the unorganized territory of that county.
[PL 2019, c. 437, §6 (NEW).]
For purposes of this section, "livestock" does not include feral swine or domesticated cervids.   [PL 2019, c. 437, §6 (NEW).]
SECTION HISTORY
PL 2019, c. 437, §6 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 743: EQUINE ACTIVITIES › 7 §4102. Boarding stables and commercial riding facilities; equine activities (REPEALED)

§4102. Boarding stables and commercial riding facilities; equine activities
(REPEALED)
SECTION HISTORY
PL 1991, c. 779, §41 (NEW). PL 1991, c. 779, §60 (AFF). PL 1993, c. 650, §§1,2 (AMD). PL 1999, c. 498, §3 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 743: EQUINE ACTIVITIES › 7 §4103. Liability for equine activities (REPEALED)

§4103. Liability for equine activities
(REPEALED)
SECTION HISTORY
PL 1991, c. 779, §41 (NEW). PL 1991, c. 779, §60 (AFF). PL 1993, c. 650, §3 (AMD). PL 1999, c. 498, §4 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 743: EQUINE ACTIVITIES › 7 §4104. Equine professional; contracts (REPEALED)

§4104. Equine professional; contracts
(REPEALED)
SECTION HISTORY
PL 1991, c. 779, §41 (NEW). PL 1991, c. 779, §60 (AFF). PL 1993, c. 650, §4 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 743: EQUINE ACTIVITIES › 7 §4104-A. Equine professional; contracts (REPEALED)

§4104-A. Equine professional; contracts
(REPEALED)
SECTION HISTORY
PL 1993, c. 650, §5 (NEW). PL 1999, c. 498, §6 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 745: SALE OF DOGS AND CATS › 7 §4151. Definitions

§4151. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1995, c. 589, §1 (NEW).]
1.  Animal.
"Animal" means a dog, wholly of the species canis familiaris, or a cat, wholly or in part of the species felis domesticus.
[PL 2011, c. 100, §14 (AMD).]
1-A.  Animal rescue entity.
"Animal rescue entity" means a nonprofit organization having tax-exempt status under the United States Internal Revenue Code, Section 501(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.
[PL 2019, c. 544, §4 (NEW).]
2.  Breeder.
"Breeder" means a person, firm, partnership, corporation or association that breeds animals for direct or indirect sale to the public.
[PL 1995, c. 589, §1 (NEW).]
3.  Health problem.
"Health problem" means any disease, illness or any congenital or hereditary condition that would impair the health or function of an animal.
[PL 1995, c. 589, §1 (NEW).]
3-A.  Offer for sale.
"Offer for sale" means to sell, offer to transfer, offer for adoption, advertise for sale, barter, auction, give away or otherwise dispose of an animal.
[PL 2019, c. 544, §5 (NEW).]
4.  Pet dealer.
[PL 2007, c. 702, §21 (RP).]
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. "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.
[PL 2019, c. 544, §6 (AMD).]
5.  Veterinarian.
"Veterinarian" means a person licensed as a veterinarian in any state.
[PL 1995, c. 589, §1 (NEW).]
SECTION HISTORY
PL 1995, c. 589, §1 (NEW). PL 1997, c. 690, §50 (AMD). PL 2007, c. 439, §31 (AMD). PL 2007, c. 702, §§21, 22 (AMD). PL 2011, c. 100, §14 (AMD). PL 2019, c. 544, §§4-6 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 745: SALE OF DOGS AND CATS › 7 §4152-A. Documents necessary for breed registration

§4152-A. Documents necessary for breed registration
1.  Requirement to provide.
A seller who states, promises or represents that an animal is registered or capable of registration with an animal pedigree organization shall provide the purchaser with the documents necessary for registration at the time of sale or within 90 days of the sale unless specified otherwise in a contractual agreement signed by the purchaser.
[PL 2009, c. 403, §10 (NEW).]
2.  Process to acquire documentation.
If the purchaser does not receive the necessary documents within the time period specified in subsection 1, the purchaser may send a written request for the documents to the seller via certified mail. Within 60 days of receiving the request, the seller must deliver the documents directly or send them by certified mail to the purchaser.
[PL 2009, c. 403, §10 (NEW).]
3.  Failure to provide documentation; resolution.
If the seller fails to provide the necessary documents in accordance with subsection 2, the purchaser is entitled to a partial refund of 50% of the purchase price. Upon payment of the refund, a seller is absolved of the requirement to provide the documents necessary for breed registration. Acceptance of the registration papers by the purchaser outside of the required time period waives the purchaser's right to a partial refund.
[PL 2009, c. 403, §10 (NEW).]
SECTION HISTORY
PL 2009, c. 403, §10 (NEW).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 745: SALE OF DOGS AND CATS › 7 §4154. Records (REPEALED)

§4154. Records
(REPEALED)
SECTION HISTORY
PL 1995, c. 589, §1 (NEW). PL 1997, c. 690, §52 (RP).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 745: SALE OF DOGS AND CATS › 7 §4156. Responsibilities of purchaser

§4156. Responsibilities of purchaser
To obtain the remedies provided in section 4155, the purchaser has the following responsibilities with respect to an animal with a health problem.   [PL 1995, c. 589, §1 (NEW).]
1.  Veterinary diagnosis.
The purchaser must notify the seller, within 2 business days, of the diagnosis by a veterinarian of a health problem and provide the seller with the name and telephone number of the veterinarian and a copy of the veterinarian report on the animal.
[PL 2007, c. 702, §28 (AMD).]
2.  Refund.
If the purchaser wishes to receive a full refund for the animal, the purchaser must return the animal no later than 2 business days after receipt of a written statement from a veterinarian indicating that the animal is unfit due to a health problem. With respect to a dead animal, the purchaser must provide the seller with a written statement from a veterinarian indicating that the animal died from a health problem that existed on or before the receipt of the animal by the purchaser. This subsection does not apply to a refund requested pursuant to section 4155, subsection 3, paragraph D.
[PL 2019, c. 90, §4 (AMD).]
SECTION HISTORY
PL 1995, c. 589, §1 (NEW). PL 2007, c. 702, §§28, 29 (AMD). PL 2019, c. 90, §4 (AMD).
2023 Maine Revised Statutes › TITLE 7: AGRICULTURE AND ANIMALS › Part 9: ANIMAL WELFARE › Chapter 745: SALE OF DOGS AND CATS › 7 §4157. Rights of seller

§4157. Rights of seller
1.  Refusal to sell.
A seller may refuse to sell an animal to a potential purchaser who appears not to accept or understand the provisions of this chapter.
[PL 2007, c. 702, §30 (AMD).]
2.  Exemption from purchaser remedies.
A refund, replacement or reimbursement of veterinary fees is not required if any one or more of the following conditions are met.
A. The health problem or death of the animal resulted from maltreatment, neglect or a disease contracted while in the possession of the purchaser or from an injury sustained subsequent to receipt of the animal by the purchaser.   [PL 1995, c. 589, §1 (NEW).]
B. A disclosure statement was provided to the purchaser pursuant to section 4152 that disclosed the health problem for which the purchaser seeks to return the animal.   [PL 1995, c. 589, §1 (NEW).]
C. The health problem is a hereditary or congenital one covered by section 4152.   [PL 1995, c. 589, §1 (NEW).]
D. [PL 2007, c. 439, §33 (RP).]
[PL 2007, c. 439, §33 (AMD).]
SECTION HISTORY
PL 1995, c. 589, §1 (NEW). PL 2007, c. 439, §33 (AMD). PL 2007, c. 702, §30 (AMD).