An Act Regarding the Sale of Dogs and Cats at Pet Shops
Sec. 1. 7 MRSA §3907, sub-§23, as amended by PL 1993, c. 657, §8, is repealed and the following enacted in its place:
Sec. 2. 7 MRSA §3910-B, sub-§1, as amended by PL 2009, c. 148, §3, is further amended to read:
Sec. 3. 7 MRSA §3914, first ¶, as amended by PL 2007, c. 439, §7, is further amended to read:
Animal shelters, kennels, breeding kennels, boarding kennels and pet shops engaged in buying or selling animals shall keep records of the buyer and seller in each transaction for a 2-year period commencing at the time of purchase or sale. The records must be open to inspection by the department or law enforcement officers. A person not in possession of a valid license for an animal shelter, kennel, breeding kennel , or boarding kennel or pet shop shall obtain a vendor's license under section 4163 prior to selling, offering for sale or exchanging for value a cat or dog.
Sec. 4. 7 MRSA §3933, sub-§4, as enacted by PL 2005, c. 281, §7, is repealed.
Sec. 5. 7 MRSA §3933, sub-§5, as enacted by PL 2007, c. 439, §20, is repealed.
Sec. 6. 7 MRSA §3938-A, as enacted by PL 2007, c. 439, §22, is amended to read:
§ 3938-A. Minimum age of transfer for cats and dogs
A person or an animal shelter, boarding kennel , or breeding kennel or pet shop that sells, gives away or otherwise transfers ownership of a dog or cat before it has reached its 56th day of life commits a civil violation for which a fine of not less than $50 nor more than $200 may be adjudged.
Sec. 7. 7 MRSA §4151, sub-§1-A is enacted to read:
Sec. 8. 7 MRSA §4151, sub-§3-A is enacted to read:
Sec. 9. 7 MRSA §4151, sub-§4-A, as enacted by PL 2007, c. 702, §22, is amended to read:
Sec. 10. 7 MRSA §4152, sub-§1, ¶A, as amended by PL 2009, c. 403, §9, is further amended to read:
(1) For sellers licensed with the United States Department of Agriculture, the name, address and United States Department of Agriculture license number of the breeder and any broker who has had possession of the animal. For sellers licensed with the State, the name, address of the seller and the license number issued under section 3931-A , 3933 or 4163;
(2) The date of the animal's birth;
(3) The date the seller received the animal if the animal was not born on the seller's premises;
(4) The breed, sex, color and identifying marks of the animal. If the breed is unknown or mixed, that fact must be stated;
(5) The individual identifying tag, tattoo, microchip identification number or collar number;
(6) For pure bred animals that are advertised as eligible for registration, the name and registration number of the sire and dam and, if available, the litter number; and
(7) A record of inoculations, internal or external parasite treatments, medication or any veterinarian examination or treatment received by the animal while in the possession of the seller;
Sec. 11. 7 MRSA §4153, as amended by PL 2011, c. 100, §15, is repealed and the following enacted in its place:
§ 4153. Sale prohibited
Sec. 12. 7 MRSA §4163, first ¶, as amended by PL 2007, c. 702, §36, is further amended to read:
A person may not advertise for sale, sell or exchange for value more than one cat or dog under the age of 6 months in a 12-month period unless that person has a valid animal shelter, kennel , or breeding kennel or pet shop license or a valid vendor's license issued under this section.
Sec. 13. 17 MRSA §1011, sub-§23, as repealed and replaced by PL 1997, c. 690, §59, is repealed and the following enacted in its place:
Sec. 14. Effective date. This Act takes effect 180 days after adjournment of the First Regular Session of the 129th Legislature.
summary
This bill prohibits a pet shop from selling dogs and cats and establishes a fine of $500 per violation as well as license suspension or revocation. A pet shop may provide space to an animal rescue entity to offer to the public dogs and cats for adoption.