Sec. 7. 7 MRSA §3907, sub-§11, as enacted by PL 1987, c. 383, §3, is repealed.

Sec. 8. 7 MRSA §3909, as amended by PL 2001, c. 422, §5, is further amended to read:

§3909. Enforcement

1. Attorney General and district attorneys. Whenever a person has engaged in or is about to engage in an act or practice that constitutes a violation of this Act, a rule adopted pursuant to this Act or a condition of an order, license or permit approved or decision issued by the commissioner chief humane agent pursuant to this Act, or that constitutes a violation of chapter 739 or Title 17, chapter 42, the Attorney General or a District Attorney district attorney, at the request of the commissioner chief humane agent, may institute proceedings before the District Court or Superior Court for an order enjoining those acts or practices, an order directing compliance or imposing a civil or criminal penalty, or any combination of these actions, as provided by law. Upon a showing by the commissioner chief humane agent that the person has engaged or is about to engage in such an act or practice, the court may grant a permanent or temporary injunction, restraining order or other order as appropriate.

2. Designated employees of department. For purposes of prosecution under this section, the commissioner chief humane agent may authorize humane agents and a state veterinarian to serve civil and criminal process pursuant to the Maine Rules of Civil Procedure, Rule 80H and any other applicable rules of court. The commissioner chief humane agent may authorize humane agents or a state veterinarian to represent the department in District Court in the prosecution of civil violations of these laws. Certification of the humane agents and a state veterinarian for this purpose is as provided under Title 30-A, section 4453, subsection 5. Once certified, prosecution by the humane agent or a state veterinarian may seek civil penalties as provided by law as well as a permanent or temporary injunction, restraining order or other equitable relief as the court finds appropriate.

3. Education requirement; management. A humane agent hired after January 1, 1999 shall attend a nationally recognized animal law enforcement training program of at least 40 hours' duration, regardless of the date of employment, must attend and successfully complete the Maine Criminal Justice Academy