Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 701 - RULES GOVERNING ANIMAL WELFARE › Section 001-701-I - GENERAL

Current through 2024-29, July 17, 2024
A.
DEFINITIONS
1. BEDDING MATERIAL - The term "bedding
				material" means those dry materials with low conductivity and not detrimental
				to the animal.
2. BOARDING KENNEL
				"Boarding kennel" means any place, building, tract of land or abode in or on
				which 3 or more privately owned companion animals are kept at any one time for
				their owners in return for a fee or compensation and includes a facility where
				3 or more companion animals are kept for training purposes for
				compensation.
3. CAGE/PEN - The
				terms "cage" and "pen" are synonymous and refer to a portable enclosure or a
				fixed permanent enclosure located within a primary structure, designed for
				securing animals. This enclosure is used primarily as the animals' sleeping
				area and is a separate structure from exercise areas, dog runs or other
				enclosures used in the keeping of animals. The cage/pen consists of side walls,
				a top and bottom and a latched gate or door consisting of wire mesh or rods,
				all constructed of materials harmless to the well-being of the
				animal.
4. CAPACITY FOR CARE
				"Capacity for care" is the level at which each licensed animal facility in
				Maine can maintain the ability to meet the needs of every animal in the care of
				that facility, regardless of purpose, age, health status and personality, and
				by functioning within this level, are able to ensure the health and wellness of
				animals in their care.
5. CRATE -
				The term "crate" refers to a portable enclosure designed for securing animals
				on a temporary basis for purposes of transport, exhibition, or medical
				treatment.
6. EXERCISE AREA - The
				term "exercise area" refers to an enclosed space which is secured, either in or
				out of doors, that is designed exclusively for the exercise of animals
				appropriate of the type and species of animal. It is an area separate and
				distinct from the animals' sleeping area. It must be constructed of materials
				that are not harmful to animals and that are suitable for efficient removal of
				animal waste and for effective sanitation and disinfection.
7. FACILITY - The term "facility" refers to
				pet shops, shelters, kennels, and boarding kennels.
8. HOUSING FACILITY - The term 'housing
				facility" means any premises, shed, barn, building, trailer, or other structure
				or area housing or intended to house animals, including foster homes.
9. IMMEDIATE FAMILY - The term "immediate
				family" refers to one of the following family relationships: father, mother,
				brother, sister, son, spouse or daughter.
10. IMPERVIOUS SURFACE - The term "impervious
				surface" means a surface that does not permit the absorption of fluids. Such
				surfaces are those that can be thoroughly and repeatedly cleaned and
				disinfected, will not retain odors, and from which fluids bead up and run off
				or can be removed without being absorbed into the surface material.
11. KENNEL - "Kennel" means 5 or more dogs
				kept in a single location under one ownership for breeding, hunting, show,
				training, field trials, sledding, competition, or exhibition purposes. The sale
				or exchange of one litter of
less than 16
puppies within a
				12-month period alone does not constitute the operation of a kennel.
12. PERSON - The term "person" refers to an
				individual, corporation, partnership, association, or any other legal
				entity.
13. PET SHOP - "Pet shop"
				means a place, or vehicle in or on which any dogs, cats, rodents, reptiles,
				fish, pet birds, exotic birds or exotic animals not born and raised on those
				premises are kept for the purposes of sale to the public.
14. PRIMARY STRUCTURE - The term "primary
				structure" means the main building used for housing or displaying
				animals.
15. SHELTER - "Animal
				shelter" means a:
a. Facility that houses
				domesticated animals and operates or the purpose of providing stray, abandoned,
				abused or owner-surrendered animals with sanctuary or finding the animals
				temporary or permanent adoptive homes; or
b. Rescue group. An organization or
				individual that receives domesticated animals that have been abandoned,
				surrendered or removed from an animal facility or that takes in homeless dogs
				or cats and sells, gives or otherwise places the animals in private
				homes.
16. VETERINARIAN
				OF REFERENCE - The term "Veterinarian of Reference" means the veterinarian
				employed, contracted, or that volunteers with the shelter, rescue group, pet
				store, or kennel to ensure the health of the animals in its care and ensure
				proper disease control.