Rules Governing Animal Welfare
Country of Origin:
United States
Agency of Origin:
Department of Agriculture, Food and Rural Resources
National Citation:
01-001 CMR Ch. 701, § I
Summary:
These Maine regulations govern animal welfare in pet animal facilities. Among the provisions include a restriction on the sale of puppies or kittens until they reach the seventh week of life.
These Maine regulations govern animal welfare in pet animal facilities. Among the provisions include a restriction on the sale of puppies or kittens until they reach the seventh week of life.
CODE OF MAINE RULES. 01. DEPARTMENT OF AGRICULTURE, FOOD AND RURAL RESOURCES. 001. AGRICULTURE GENERAL. CHAPTER 701. RULES GOVERNING ANIMAL WELFARE.
Sec. I. GENERAL
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 - The term "boarding kennel" means any place, building, tract of land, abode or vehicle in or on which 3 or more privately owned dogs or other pets, or both, are kept for their owners in return for a fee.
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. 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.
5. EXERCISE AREA - The term "exercise area" refers to an enclosed space which shall be secured, either in or out of doors, that is designed exclusively for the exercise of animals. It is an area separate and distinct from the animals' sleeping area. It shall 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 disaffection.
6. FACILITY - The term "facility" refers to pet shops, shelters, kennels, and boarding kennels.
7. IMMEDIATE FAMILY - The term "immediate family" refers to one of the following family relationships: father, mother, brother, sister, son, spouse or daughter.
8. KENNEL - The term "kennel" means one pack or collection of dogs kept in a single location under one ownership for breeding, hunting, show, training, field trials and exhibition purposes. The sale or exchange of one litter of puppies within a twelve month period shall not be considered a kennel.
9. PERSON - The term "person" refers to an individual, corporation, partnership, association, or any other legal entity.
10. PET SHOP - The term "pet shop" means any place, building, tract of land, abode or vehicle in or which any dogs, cats, rodents, reptiles, fish, pet birds, pet animals, exotic birds or exotic animals are offered for sale by the vendor.
11. PRIMARY STRUCTURE - The term "primary structure" means the main building used for housing or displaying animals.
12. SHELTER - The term "shelter" means any building or physical structure or part of any building or physical structure, other than a private dwelling, that houses dogs or other animals and is not used for agricultural purposes or as a laboratory research facility, medical facility or educational institution.
B. LICENSES
1. A license shall be required of each pet shop, shelter, kennel and boarding kennel.
2. Licenses shall be posted in a conspicuous place on the premises of each pet shop, shelter, kennel and boarding kennel.
C. RECORDS
Each pet shop, shelter, kennel and boarding kennel, shall make and maintain for at least two (2) years the following records of their activities:
1. Official Certificates of Veterinary Inspection as required by State Statute and Rule.
2. The name and address of the person from whom the animal was received.
3. The name and address of the person(s) receiving or buying the animal, excluding fish and rodents and lagomorphs.
4. Records of vaccination or medical treatments given to the animal.
5. Mortality records and causes of mortality.
6. Records of veterinary services.
7. Records of euthanasia must be kept for positive identification of every animal euthanized.
D. PRIMARY STRUCTURES
All pet shops, shelters, kennels and boarding kennels shall be comprised of a primary structure that is in good repair and structurally sound. All primary structures shall have available running water, heat, and electricity.
E. TEMPERATURE CONTROL
1. The inside minimum temperature shall be kept at a level to maintain good general health and condition for animals housed in the facilities.
2. Outside facilities shall provide shade exclusive of the housing structure by either natural or manufactured devices for 0 animals kept out of doors.
F. SANITATION
1. Waste facilities shall be cleaned in such a manner as to minimize vermin, insect infestation, disease, and odor.
2. Cages/pens, food and water dishes, and other utensils shall be disinfected as needed to be kept in a sanitary condition.
3. Animals shall be removed from cages/pens during cleaning. Cages/pens must be clean and dry before animals are replaced.
G. FOOD
1. Food supplies shall be protected against contamination and deterioration, and refrigeration shall be provided for perishable food and supplies.
2.. Animals shall be fed at least twice a day or as directed by owner/keeper in the case of a boarded animal(s), with a wholesome and nutritionally complete food and of sufficient quantity to meet the requirements for their age, size, breed, and condition. Animals that have been determined by a veterinarian to be malnourished or which have prominent hippo rib bones showing which is not normal to the breed, shall be fed more frequently.
3. Lactating females shall be fed daily in sufficient quantity and quality to maintain their body weight while providing sufficient nutrition for the p reduction of milk.
4. Puppies and kittens are to be fed at least three times daily once they are able to ingest and metabolize solid food.
5. Clean water shall be available at 0 times and must be in a tip resistant container that is low enough to allow the animals free access.
6. Birds shall have food and water available at all times.
7. These requirements must be attended to daily including weekends and holidays.
H. DISEASE CONTROL
1. Animals with clinical evidence of infectious, contagious, parasitic, or communicable disease shall be separated from others in order to minimize the spread of disease.
2. Effective programs for the control of disease, insects, external parasites, and other pests shall be established and maintained.
I. NOISE
All noise shall be kept at a minimum to prevent auditory discomfort and restlessness.
J. VENTILATION
All areas in which animals are kept shall be ventilated in such a manner that a movement offers air is present to prevent noxious fumes, chemical odors, heat buildup, smoke or odors of excrement and urine from being detectable.
K. LIGHTING
All animals shall have exposure to artificial or natural daylight a minimum of eight (8) hours per day.
L. SPECIAL INSTRUCTIONS
The seller/provider of any animal shall furnish written instructions as to the proper feeding, care, health information, and any special needs associated with the animal purchased or acquired.
M. HEALTH OF ANIMALS AT THE TIME OF RELEASE
The following conditions shall make an animal unfit for sale or release:
1. Obvious clinical sign of infectious, contagious, parasitic or communicable disease or abnormality.
2. Obvious signs of starvation or malnutrition.
3. Congenital abnormalities, except with disclosure and acceptance by the person adopting or potential owner.
4. Blindness. (Exception: under 3 above.)
5. Animals determined to be unfit for sale or release as described above, shall be isolated and treated by/or at the direction of a licensed veterinarian or euthanized in a humane manner. If the treatment for any of the above conditions brings about recovery to a good to normal state of health, as determined by acceptable veterinary practice, the animal can then be considered for release or sale. (The new owner shall be apprised of the condition treated and the treatment provided the animal.)
N. UNLAWFUL SALE OF PUPPIES AND KITTENS
It shall be unlawful for any person to sell, adopt, or give away any dog (puppy) or cat (kitten) until completion of its seventh week of life.
O. QUARANTINE NOTIFICATION
When a licensed veterinarian, not employed by the State, quarantines a pet shop, shelter, kennel or boarding kennel, then both the veterinarian and the holder of the license shall immediately notify Animal Welfare. Immediate notification may be oral, but a written confirmation of such oral notification shall be sent to Animal Welfare within twenty-four (24) hours.
P. VIOLATIONS
Animal Welfare shall, upon written complaint by any person alleging violation of these Rules, or upon its own motion if it has reason to believe such a violation exists, cause an investigation to be made. If a violation is found to exist, Animal Welfare or the Attorney General may file a complaint with the Administrative Court for revocation or suspension of the license.
Q. AUTHORIZED AGENTS (Access to Facilities)
Authorized agents of Animal Welfare shall at all reasonable times be allowed access to the physical premises and the records maintained by any pet shop, shelter, kennel and boarding kennel.
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