Maine Revised Statutes Title 7 Sec. 3936 – Inspection and quarantine
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1. Inspection and quarantine. The commissioner, a state humane agent, a veterinarian employed by the State or a licensed veterinarian at the direction of the commissioner may, at any reasonable time, enter an animal shelter, kennel, boarding kennel, breeding kennel or pet shop and make examinations and conduct any recognized tests for the existence of contagious or infectious diseases or conditions. If the animal shelter, kennel, boarding kennel, breeding kennel or pet shop is also used for human habitation, the person authorized to make examinations and conduct tests must be escorted by the owner, or the owner’s agent, of the animal shelter, kennel, boarding kennel, breeding kennel or pet shop and the examinations and tests may be made only in those portions of the premises used as an animal shelter, kennel, boarding kennel, breeding kennel or pet shop. The commissioner may inspect animal shelters, kennels, boarding kennels, breeding kennels and pet shops in accordance with the sanitation and health rules established by the department and for compliance with laws and rules, including licensing and permitting requirements, of the Department of Inland Fisheries and Wildlife pertaining to wildlife importation and possession. In conducting inspections, measures established by the department through rulemaking must be used to prevent the spread of infectious and contagious diseases. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. A veterinarian employed by the State or any licensed veterinarian may quarantine the animal shelter, kennel, boarding kennel, breeding kennel or pet shop, in person or by registered mail, and the quarantine must be maintained as long as the department determines necessary. The decision and order for this quarantine is not considered a licensing or an adjudicatory proceeding as defined by the Maine Administrative Procedure Act. The commissioner shall promptly notify the Department of Inland Fisheries and Wildlife of violations.
[PL 2009, c. 403, §7 (AMD).]
Terms Used In Maine Revised Statutes Title 7 Sec. 3936
- Act: means the Animal Welfare Act. See Maine Revised Statutes Title 7 Sec. 3907
- Animal: means every living, sentient creature not a human being. See Maine Revised Statutes Title 7 Sec. 3907
- Animal shelter: means a:
A. See Maine Revised Statutes Title 7 Sec. 3907Boarding 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. See Maine Revised Statutes Title 7 Sec. 3907 Breeding kennel: means a location where 5 or more adult female dogs or cats capable of breeding are kept and some or all of the offspring are offered for sale, sold or exchanged for value or a location where more than 16 dogs or cats raised on the premises are sold to the public in a 12-month period. See Maine Revised Statutes Title 7 Sec. 3907 Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's duly authorized agent. See Maine Revised Statutes Title 7 Sec. 3907 Humane agent: means an employee of the department who assists in enforcing this Part. See Maine Revised Statutes Title 7 Sec. 3907 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. See Maine Revised Statutes Title 7 Sec. 3907 Owner: means a person owning, keeping or harboring a dog or other animal. See Maine Revised Statutes Title 7 Sec. 3907 Person: means an individual, corporation, partnership, association or any other legal entity. See Maine Revised Statutes Title 7 Sec. 3907 Pet: means a dog, cat or other domesticated animal commonly kept as a companion, but does not include tamed animals that are ordinarily considered wild animals or livestock. See Maine Revised Statutes Title 7 Sec. 3907 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 purpose of sale to the public. See Maine Revised Statutes Title 7 Sec. 3907 registered mail: when used in connection with any requirement for notice by mail shall mean either registered mail or certified mail. See Maine Revised Statutes Title 1 Sec. 72
2. Suspension of license. The department may, in accordance with Title 5, chapter 375, subchapter 5, revoke or suspend a kennel, boarding kennel, breeding kennel, animal shelter or pet shop license if a person maintaining the kennel, boarding kennel, breeding kennel, animal shelter or pet shop violates any quarantine or maintains animals contrary to the rules adopted by the department, fails to keep records required by the department or violates any provision of the laws or rules of the Department of Inland Fisheries and Wildlife pertaining to wildlife importation and possession.
[PL 2009, c. 343, §18 (AMD).]
SECTION HISTORY
PL 1987, c. 383, §3 (NEW). PL 1991, c. 779, §33 (AMD). PL 1993, c. 89, §1 (AMD). PL 1995, c. 490, §11 (AMD). PL 1997, c. 690, §24 (AMD). PL 1999, c. 547, §B78 (AMD). PL 1999, c. 547, §B80 (AFF). PL 2009, c. 343, §18 (AMD). PL 2009, c. 403, §7 (AMD).