LD 1965
pg. 2
Page 1 of 2 An Act to Amend the Animal Health and Disease Control Laws LD 1965 Title Page
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LR 3002
Item 1

 
1st of the year in which the application was made. The license fee
for a dealer shall be $5 is $25 and for an each agent, 50¢ $10.
Each dealer and agent shall must receive from the commissioner
certificates as such, which certificates shall that must be carried
in the motor vehicle or truck owned or used by such dealer or
agent. Each dealer shall must receive from the commissioner dealer
license plates to be attached to each motor vehicle or truck owned
or used by such dealer and must receive a sticker each year that
must be affixed to the plate.

 
Sec. 5. 7 MRSA §1306, as amended by PL 1999, c. 547, Pt. B, §78 and
affected by §80, is further amended to read:

 
§1306. Revocation and suspension of licenses

 
Any license issued under this chapter may be suspended or
revoked by the District Court in a manner consistent with the
Maine Administrative Procedure Act.

 
Sec. 6. 7 MRSA §1307, as amended by PL 1967, c. 227, §3, is further
amended to read:

 
§1307. Records

 
The commissioner may require licensed livestock and poultry
dealers to keep certain records of transactions in any or all
classes of livestock and poultry. The department may establish
by rule the length of time that records kept by persons engaging
in dealing livestock and poultry must be retained.__Rules adopted
pursuant to this section are routine technical rules as defined
in Title 5, chapter 375, subchapter II-A.

 
Sec. 7. 7 MRSA §1308, as amended by PL 1979, c. 541, Pt. A, §68, is
further amended to read:

 
§1308. Violations

 
Any person, copartnership, association or corporation engaged
in the business of buying or selling livestock or poultry, or
both, as defined in this chapter without a license provided for
in section 1304, or who shall violate violates any of the
provisions of sections 1302 to 1307, shall be guilty of a Class E
crime or who violates any rule adopted under sections 1302 to
1307 commits a civil violation for which a fine in the amount of
$100 per day for each violation may be adjudged.__The total fine
may not exceed $25,000.

 
Any person, copartnership, association or corporation who
shall violate any rule or regulation promulgated under sections
1302 to 1307, or neglect or refuse to comply with any of the

 
provisions thereof, commits a civil violation for which a
forfeiture not to exceed $50 may be adjudged.

 
Sec. 8. 7 MRSA §1331, sub-§4, as amended by PL 1989, c. 502, Pt. B,
§7, is further amended to read:

 
4. Penalties. Any person engaged in the business of
propagating, possessing, buying or selling domesticated deer
without a license as provided for in subsection 2 is guilty of a
Class E crime commits a civil violation for which a fine in the
amount of $100 per day for each violation may be adjudged.__The
total fine may not exceed $25,000.

 
Sec. 9. 7 MRSA §1331, sub-§5, as enacted by PL 1987, c. 685, §1, is
amended to read:

 
5. Revocation. A license issued to any person for the
propagation, possession, purchase or sale of domesticated deer,
or for the sale of meat from domesticated deer, may be revoked at
any time Any license issued under this chapter may be suspended
or revoked in a manner consistent with the Maine Administrative
Procedure Act for violation of this chapter. Upon revocation, no
similar license may be reissued for a minimum of 5 years. Any
person who violates or refuses to comply with this chapter
commits a civil violation for which a forfeiture not to exceed
$200 may be adjudged at the discretion of the commissioner.

 
Sec. 10. 7 MRSA c. 207 is amended by repealing the chapter headnote
and enacting the following in its place:

 
CHAPTER 207

 
AUCTIONS

 
Sec. 11. 7 MRSA §1451 is amended to read:

 
§1451. Purpose

 
Whereas community or commission auctions are increasing
throughout the country, and if properly controlled are a benefit
to the livestock industry, it is desirable to set up legislation
to prohibit the spread of disease and protect the public. The
purpose of this chapter is to foster fair and equitable sales
practices and to encourage practices in such transactions that
promote the sale of healthy livestock and poultry.

 
Sec. 12. 7 MRSA §1452 is repealed and the following enacted in its
place:

 
§1452.__Definitions

 
As used in this chapter, unless the context otherwise
indicates, the term "auction" means the offering of cattle,
sheep, swine, goats and equines and domesticated cervidae and
other exotic animals for sale by means of exchanges between an
auctioneer and bidders.

 
Sec. 13. 7 MRSA §1453, as amended by PL 1977, c. 694, §117, is
further amended to read:

 
§1453. Rules

 
The commissioner shall, in a manner consistent with the Maine
Administrative Procedure Act, make rules and regulations
necessary to protect the health and welfare of animals going
through such sales rings auction, which shall have the power of
law as outlined under section 1752.

 
Sec. 14. 7 MRSA §1454 is repealed and the following enacted in its
place:

 
§1454. Permit

 
A person, partnership, association or corporation may not hold
or conduct an auction without obtaining a permit from the
commissioner no later than 2 weeks prior to the time of the
auction.

 
Sec. 15. 7 MRSA §1455 is amended to read:

 
§1455. Records

 
The operator shall keep complete records of all sales
transactions, which shall must be available for inspection by the
commissioner or his agent. The department may establish, by
rule, the length of time that a person who conducts an auction
must retain these records.__These records must indicate the
origins of the animals and the final disposition or location of
those animals.__Rules adopted pursuant to this section are
routine technical rules as defined in Title 5, chapter 375,
subchapter II-A.

 
Sec. 16. 7 MRSA §1456, as amended by PL 1999, c. 547, Pt. B, §20
and affected by §80, is repealed and the following enacted in its
place:

 
§1456. Cancellation of permit

 
The permit to operate an auction may be suspended in a manner
consistent with the Maine Administrative Procedure Act.

 
Sec. 17. 7 MRSA §1457 is enacted to read:

 
§1457.__Violations

 
Any person who violates the provisions of this chapter commits
a civil violation for which a fine in the amount of $100 per
violation per day, not to exceed $25,000, may be adjudged.

 
Sec. 18. 7 MRSA §1704, as amended by PL 1985, c. 785, Pt. B, §46,
is further amended to read:

 
§1704. Agents

 
The commissioner may employ skilled veterinarians licensed in
this State and such other agents and employees as he may deem be
necessary to carry into effect enforce chapters 201, 207, 301,
303 and 305, subject to the Civil Service Law.

 
Sec. 19. 7 MRSA §1706, as repealed and replaced by PL 1977, c. 696,
§89, is amended to read:

 
§1706. Penalties

 
Whoever violates any provisions of chapters 207, 301, 303, and
305, or any rule and regulation promulgated thereunder adopted
under those chapters, unless a specific penalty or forfeiture is
provided for, shall be guilty of a Class E crime commits a civil
violation for which a fine in the amount of $500 per day for each
violation may be adjudged.__The total fine may not exceed
$50,000.

 
Sec. 20. 7 MRSA §§1707 and 1708 are enacted to read:

 
§1707.__Confidentiality of records

 
All department records relating to open, ongoing animal health
investigations, animal health research and animal health
surveillance are confidential and may not be disclosed to any
person, even upon written authorization by the subject of the
record.

 
§1708.__Veterinary care

 
The owner of a livestock herd must provide regular veterinary
care.

 
Sec. 21. 7 MRSA §1751, sub-§2, as amended by PL 1999, c. 765, §4, is
further amended to read:

 
2. Domestic animals. "Domestic animals" means cattle,
horses, mules, asses, equines, goats, sheep, swine, cats, dogs,
domesticated cervidae or other domesticated animals; large game
as defined in section 1341, subsection 5; and poultry.

 
Sec. 22. 7 MRSA §1751, sub-§3, as amended by PL 1979, c. 731, §19, is
further amended to read:

 
3. Authorized agent. "Duly authorized Authorized agent"
means employees of the State Department of Agriculture, Food and
Rural Resources department, veterinarians licensed by the State
to practice veterinary medicine while performing official duties
for the department, employees of the Agricultural Research Animal
and Plant Health Inspection Service of the United States
Department of Agriculture, or other persons designated by the
commissioner.

 
Sec. 23. 7 MRSA §1752, as repealed and replaced by PL 1977, c. 694,
§119, is amended to read:

 
§1752. Rules

 
The commissioner shall, in a manner consistent with the Maine
Administrative Procedure Act, make all needful rules and
regulations which may in his judgment be deemed requisite to the
full and due execution of adopt rules that, in the commissioner's
judgment, are necessary for the enforcement of chapters 201, 207,
301, 303 and 305. These rules and regulations shall have the
force and effect of law, so far as the same are not inconsistent
with the laws of this State or of the United States.

 
Sec. 24. 7 MRSA §1753, as amended by PL 1999, c. 765, §5, is
further amended to read:

 
§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 zoonotic diseases, 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 he or his duly authorized agent 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 he 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
he the commissioner may consider necessary.

 
The commissioner shall, so far as possible, control and
eradicate the diseases of domestic animals. The commissioner
shall formulate and apply programs for the control and or
eradication of tuberculosis, brucellosis, forms of transmissible
spongiform encephalopathy known as chronic wasting disease and
such other any diseases as 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.

 
Sec. 25. 7 MRSA §1755, as amended by PL 1977, c. 694, §120, is
further amended to read:

 
§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 he deems the
commissioner considers necessary to prevent possible spread and
to control or eradicate such the disease or pathogen. Such action
may include quarantine of domestic animals, birds, wild animals
in captivity and products derived from them, also including the
quarantine of articles, materials and premises, equipment or
areas, for such a time and under such conditions as he may deem
the commissioner considers necessary to eradicate or control the
disease or pathogen. This quarantine shall may not be considered
licensing or an adjudicatory proceeding, as defined by the Maine
Administrative Procedure Act.

 
Any positive diagnosis of a disease made by recognized
procedures by recognized diagnostic laboratories, or by
recognized qualified persons, shall must be considered as
official diagnosis until proved otherwise.

 
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 he may
deem considered necessary to give notice or warning of such the
quarantine.

 
It shall be is illegal to violate any quarantine by any
person, and such violation shall be is punishable by penalties as
outlined in section 1706.

 
Sec. 26. 7 MRSA §1756, as amended by PL 1983, c. 747, §1, is
further amended to read:

 
§1756. Appraisal 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 him 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.

 
No indemnity shall Indemnity may not be paid on any domestic
animals imported into the State, if the importation of which was
not in compliance with in violation of the laws of the State or
rules and regulations in effect at the time of importation.

 
Sec. 27. 7 MRSA §1757, first ¶, as enacted by PL 1983, c. 747, §2, is
amended to read:

 
The commissioner shall establish a Poultry Disease Control
Fund to be used to detect, prevent, control or eradicate any
contagious or infectious poultry disease or pathogen within the
State. He may credit to the fund moneys appropriated by the
Legislature for that purpose, which may be funded through a
legislative appropriation or through money received from other
public and private sources, including an assessment on commercial
poultry owners.

 
Sec. 28. 7 MRSA §1757, sub-§1, as enacted by PL 1983, c. 747, §2, is
amended to read:

 
1. Authority of the commissioner. Whenever he the
commissioner has sufficient reason to believe that a contagious
or infectious poultry disease or pathogen has been or may be
introduced into the State, the commissioner may:

 
A. Inspect, cause to be disinfected or require evidence of
disinfection of:

 
(1) All incoming or outgoing vehicles being used to convey
poultry, poultry products or materials related to the
poultry industry; and

 
(2) All incoming vehicles which that, while carrying other
domestic animals during the 80 30 days immediately
prior to their arrival in Maine, stopped within or
passed through an area declared quarantined by the
United States Department of Agriculture, Animal and
Plant Health Inspection Service, due to the outbreak of
a contagious or infectious poultry disease or pathogen.

 
Incoming vehicles may be refused entry into the State and
outgoing vehicles 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.

 
B. Immediately eradicate poultry flocks in which disease or
pathogen is found to exist; and

 
C. After consultation with appropriate industry
organizations, indemnify owners of poultry destroyed under
paragraph B. The amount of the indemnity shall must be
established by rule adopted in a manner consistent with the
Maine Administrative Procedure Act, Title 5, chapter 375,
provided that the amount of any federal indemnity for the
same flock shall be is considered in setting the amount of
indemnity under this paragraph.

 
Sec. 29. 7 MRSA §1759 is enacted to read:

 
§1759.__Vehicle detainment and inspection

 
If the commissioner has sufficient reason to believe that a
contagious or infectious animal disease or pathogen has been or
may be introduced into the United States, Canada or this 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.

 
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.

 
Sec. 30. 7 MRSA §1801, as amended by PL 1999, c. 765, §6, is
repealed and the following enacted in its place:

 
§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.

 
It is a violation of this chapter for any person to drive,
truck or otherwise move intrastate__or interstate domestic
animals known to be infected with or exposed to any reportable
disease or pathogen, or domestic animals treated with any vaccine
or other substance that might make them capable of spreading a
disease or pathogen among susceptible domestic animals.__Any
domestic animals infected with or exposed to any reportable
disease or pathogen may be moved only under the direction of the
commissioner.

 
Sec. 31. 7 MRSA §§1803, 1805 and 1806 are amended to read:

 
§1803. Transportation of diseased animals

 
It shall be illegal is a violation of this chapter to haul,
drive, truck or otherwise move into the State any domestic
animals known to be infected with or exposed to any contagious or
infectious disease or pathogen.

 
§1805. Securing animals for treatment

 
It shall be unlawful is a violation of this chapter for an
owner of domestic animals or his that owner's agent to refuse or
neglect to secure and restrain domestic animals to be tested,
vaccinated, branded or tattooed, or otherwise treated, as to make
it possible for the commissioner, or his agent in charge of
livestock sanitary work, or his representative to apply in an
expeditious manner the test or other treatment that is deemed
necessary the commissioner may direct.

 
The commissioner or his duly authorized agent may require
proper disinfecting of stables and premises by the owner, where
condemned diseased domestic animals are found, and may withhold
indemnity until he is satisfied that proper cleaning and
disinfecting of premises have been completed.

 
§1806. Disease control notifications

 
It shall be unlawful is a violation of this chapter to tamper
with, remove or alter eartags, labels, placards or notices
affixed or posted by the commissioner or his agent.

 
No milk or dairy products shall be sold or offered for sale in
the State from any herd retaining known brucellosis reactors.

 
Sec. 32. 7 MRSA §1806-A is enacted to read:

 
§1806-A.__Prohibition of sales

 
The commissioner may prohibit the sale of milk or milk
products in the State from any herd of any species having any
reportable disease or 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
pathogen that may be transmitted in those products.

 
Sec. 33. 7 MRSA §1807, as amended by PL 1981, c. 197, §1, is
repealed and the following enacted in its place:

 
§1807. Illegal vaccinations

 
A person other than a licensed veterinarian may not vaccinate
cattle with brucellosis vaccine.__A licensed veterinarian may
vaccinate cattle only with brucellosis vaccine that has been
approved by the commissioner and only in accordance with
vaccination ages as determined by the commissioner.

 
The commissioner may prohibit a vaccination because the use of
a vaccine may cause the presumption that an actual disease or
pathogen is present in the State, but the commissioner may
authorize any vaccination necessary to control an outbreak of a
disease or to ameliorate the threat of an outbreak of a disease.

 
Sec. 34. 7 MRSA §1808,, as amended by PL 1999, c. 547, Pt. B, §78
and affected by §80, is further amended to read:

 
§1808. Sale 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,
or the commissioner's agent in charge of livestock sanitary work,

 
for the distribution and use of that product. The commissioner or
the commissioner's agent 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.

 
No An antigen used for diagnostic purposes in domestic animals
shall may not be produced in or shipped into the State without
the approval of the commissioner or his agent.

 
No A person, firm or corporation, except a licensed
veterinarians, veterinarian shall 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 salesman a salesperson or
distributor from the department.

 
The commissioner shall, in a manner consistent with the Maine
Administrative Procedure Act, promulgate adopt rules and
regulations as to refrigeration, handling, shipping, disposing of
outdated material, and sale of such products.

 
Failure to comply with this section or section 1807, or the
regulations adopted pursuant thereto, shall be is grounds for
revocation by the District Court of any permit granted pursuant
to these sections.

 
Sec. 35. 7 MRSA §1809, as amended by PL 1999, c. 765, §7, is
repealed and the following enacted in its place:

 
§1809. Permits for state entry

 
Any person who imports animals into the State may be required
by the commissioner to obtain a permit before the time of entry.__
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 do not meet
importation requirements.__The commissioner may require the owner
to have those animals tested or examined by a veterinarian at the
owner's expense. The commissioner may release those animals from
quarantine only after the commissioner is satisfied that they are
not a disease threat to other animals or humans.

 
Animals brought into the State without a permit may be
condemned by the commissioner and euthanized without indemnity.

 
1.__Rules. The commissioner shall, in a manner consistent with
the Maine Administrative Procedure Act, adopt all rules the
commissioner considers necessary to maintain the health of all
animals under the department's authority imported into the State
or offered for sale within the State.

 
Sec. 36. 7 MRSA §§1810 and 1811 are amended to read:

 
§1810. Agreement with United States Department of Agriculture and

 
with other states

 
The commissioner or his agent is authorized to enter into
agreements of cooperation in the name of the State with the
United States Department of Agriculture and other states for the
prevention, control and eradication of diseases among domestic
animals.

 
§1811. Health requirements for exhibit animals

 
All domestic animals that are to be shown or exhibited in any
agricultural show within the State shall must meet the health
requirements of the rules and regulations of the commissioner.

 
Sec. 37. 7 MRSA §1812, 3rd ¶, as amended by PL 1985, c. 545, is
further amended to read:

 
For the prevention and control of brucellosis, the
commissioner or his agent in charge of livestock sanitary work
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 shall 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 shall must be identified by a
"reactor" ear tag and brand and shall must be slaughtered, except
vaccinated animals under 14 months of age.

 
Sec. 38. 7 MRSA §1812, 4th ¶, as amended by PL 1981, c. 197, §2, is
further amended to read:

 
Officially vaccinated calves, if purebred, shall must be
properly identified by an official ear tag or registration papers
or tattoo number. Grade animals shall must be tagged with an
official ear tag. All officially vaccinated calves must be
tattooed with the official state tattoo mark. Evidence of
vaccination shall must be the official state tattoo mark and
either a vaccination ear tag or a tattoo number.

 
Sec. 39. 7 MRSA §1812, 5th ¶, as amended by PL 1985, c. 545, is
further amended to read:

 
Vaccine for cattle of this State shall be provided through the
commissioner as long as the vaccine is supplied by the Federal
Government. If the Federal Government does not supply the
vaccine, the The commissioner shall establish rules in accordance
with the Maine Administrative Procedure Act, Title 5, chapter
375, establishing fees to cover costs of obtaining, storing and
distributing vaccine to accredited veterinarians and defining
approved sources and procedures to regulate the use of this
vaccine. The fees will accrue to a nonlapsing dedicated account
to be used for obtaining, storing and distributing vaccine.

 
Sec. 40. 7 MRSA §1812-A, as amended by PL 1977, c. 694, §128, is
repealed and the following enacted in its place:

 
§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.

 
Sec. 41. 7 MRSA §1813, sub-§1 is repealed and the following enacted
in its place:

 
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.

 
Sec. 42. 7 MRSA §1814, as amended by PL 1979, c. 541, Pt. A, §70,
is further amended to read:

 
§1814. License to feed garbage

 
No A person shall may not feed garbage to swine without first
procuring a license therefor from the commissioner or his duly
authorized agent. Such licenses shall A license may be procured
annually for a fee of $1 $25 and shall must be renewed on the
first day of June of each succeeding year. This section shall
does not apply to any person who feeds his that person's

 
own household garbage only to swine which that are raised for
such a person's own use.

 
Garbage, regardless of previous processing, shall must, before
being fed to swine, be thoroughly heated to at least 212`
Fahrenheit for at least 30 minutes, unless treated in some other
manner which shall that must be approved in writing by the
commissioner or his duly authorized agent.

 
The commissioner or his duly authorized agent shall have the
power to may enter at reasonable times any private or public
property for the purpose of investing investigating conditions
relating to the treating or feeding of garbage.

 
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.

 
Any person found feeding garbage to swine without a license
commits 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.

 
Any person who feeds garbage to swine during a moratorium
imposed by the commissioner is subject to a civil penalty of
$5,000, payable to the State.__This penalty is recoverable in a
civil action.

 
Sec. 43. 7 MRSA §1817 is repealed.

 
Sec. 44. 7 MRSA §1820, as amended by PL 1981, c. 21, §§1 and 2, is
repealed and the following enacted in its place:

 
§1820. Equine infectious anemia

 
1.__Definitions.__As used in this section, unless the context
otherwise indicates, the following terms have the following
meanings.

 
D.__"Boarding stable" means any facility where equines of
different ownership are housed for fees.

 
E.__"Official test" means any test approved by the
commissioner for the detection of equine infectious anemia.__
"Official test" includes, but is not limited to, the enzyme-
linked immunosorbent assay, or ELISA test, and the agar gel
immunodiffusion, AGID, or Coggins test.

 
F.__"Quarantine" means to confine an equine to a stable or
pasture in a manner that will prevent the spread of equine
infectious anemia.

 
2.__Duties of commissioner.__The commissioner shall:

 
A.__Require a negative Coggins test, taken within 36 months,
on all equines raced on, exhibited at or stabled at race
tracks, fairgrounds or boarding stables.__The commissioner
shall require a negative test from all equines entering this
State within 6 months before the date of entry.__Any equine
not tested prior to entering this State must be quarantined
until tested at the owner's expense;

 
B.__Require that any equine having a positive test be
immediately quarantined and isolated from other equines
pending a 2nd test done by a state veterinarian; and

 
C.__Require that all other equines remain on the premises
pending an investigation and testing as the commissioner may
determine necessary.

 
6.__Disposition of reactors.__Any equine that has a positive
2nd test pursuant to subsection 2 must be considered a reactor.__
A reactor must be:

 
A.__Humanely euthanized within 7 days of the 2nd test.__
Euthanasia must be performed by a licensed veterinarian or
as the commissioner may direct.__A veterinarian euthanizing
a reactor shall report the euthanasia to the commissioner
within 2 working days;

 
B.__Freeze branded with a brand with an "11 EIA" no less
than 4 inches in height on the left side of the neck and
shipped directly to a United States Department of
Agriculture slaughter facility under a federal order; or

 
C.__Freeze branded with a brand with an "11 EIA" no less
than 4 inches in height on the left side of the neck and
permanently quarantined and isolated from all other equines.__
The reactor must be kept a minimum of 1/4 miles from the
nearest paddock, pasture or barn having an equine species or
may be kept within 1/4 miles if the reactor is immediately
placed and kept at all times in a screened-in enclosure
acceptible to the commissioner.

 
SUMMARY

 
This bill revises and updates the provisions for controlling
and monitoring diseases affecting livestock and poultry.
Additionally, it updates provisions governing livestock and
poultry dealers, domesticated deer and animal auctions.


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