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An Act Regarding the Sale of Dogs and Cats at Pet Shops
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §3907, sub-§23, as amended by PL 1993, c. 657, §8, is repealed and the following enacted in its place:
 
23.  Pet shop.     "Pet shop" means:
 
A.  Until October 1, 2019, 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; and
 
B.  Beginning October 1, 2019, a place or vehicle in or on which any 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.
Sec. 2. 7 MRSA §3910-B, sub-§1, as amended by PL 2009, c. 148, §3, is further amended to read:
 
1. Establishment.   There is established the Companion Animal Sterilization Fund, an interest-bearing account, referred to in this section as "the fund." The fund receives money deposited by the Treasurer of State pursuant to Title 36, section 5284-A, revenues generated in accordance with this section, all revenue from the surcharges collected under section 3933, subsection 4,  revenue received from surcharges in accordance with section 714, subsection 4 and any money contributed voluntarily to the fund. All money deposited in the fund and the earnings on that money remain in the fund to be used for the spaying or neutering of companion animals owned by persons meeting income limit standards and for the necessary direct administrative and personnel costs associated with the management of the fund and may not be deposited in the General Fund or any other fund except as specifically provided by law. The fund may not be charged for indirect costs under a departmental indirect cost allocation plan.
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:
 
1-A.  Animal rescue entity.     "Animal rescue entity" means a nonprofit organization having tax-exempt status under the United States Internal Revenue Code, Section 501(c)(3) whose mission and practice is, in whole or in significant part, the rescue and placement into permanent homes of animals and that does not breed animals. "Animal rescue entity" does not include an entity that:
 
A.  Is located on the same premises as a breeder;
 
B.  Has any personnel in common with a breeder;
 
C.  Obtains animals from a breeder; or
 
D.  Facilitates the sale of animals obtained from a breeder.
Sec. 8.  7 MRSA §4151, sub-§3-A  is enacted to read:
 
3-A.  Offer for sale.     "Offer for sale" means to sell, offer to transfer, offer for adoption, advertise for sale, barter, auction, give away or otherwise dispose of an animal.
Sec. 9. 7 MRSA §4151, sub-§4-A, as enacted by PL 2007, c. 702, §22, is amended to read:
 
4-A. Seller.   "Seller" means the owner or operator of a breeding kennel as defined in section 3907, subsection 8-A or the owner or operator of a pet shop as defined in section 3907, subsection 23. "Seller" includes animal dealers required to be licensed by the United States Department of Agriculture. "Seller" does not include humane societies, nonprofit organizations performing the functions of humane societies or animal shelters licensed in accordance with section 3932-A.
Sec. 10. 7 MRSA §4152, sub-§1, ¶A, as amended by PL 2009, c. 403, §9, is further amended to read:
 
A. An animal history that includes:
 
(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
 
1.  Animal with disease, illness or condition.     Notwithstanding section 4152, a seller may not sell an animal that has any obvious clinical sign of infectious, contagious, parasitic or communicable disease or abnormality or has any disease, illness or condition that requires hospitalization or nonelective surgical procedures.
 
2.  Wolf hybrid.     A seller may not sell a wolf hybrid.
 
3.  Pet shop.     A pet shop as defined in section 3907, subsection 23, paragraph A or B may not offer an animal for sale.
 
A.  A pet shop may provide space to an animal rescue entity to offer to the public animals for adoption for a nominal adoption fee, as long as the pet shop does not have any ownership interest in the animals offered for adoption and does not receive any fee for providing space or for the adoption of any of the animals.
 
4.  Penalties.     A person who violates subsection 3 commits a civil violation for which a fine of $500 may be adjudged and is subject to the suspension or revocation of the person's pet shop license pursuant to section 4162, subsection 2. Each offer for sale of an animal in violation of subsection 3 constitutes a separate violation.
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:
 
23.  Pet shop.     "Pet shop" means:
 
A.  Until October 1, 2019, 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; and
 
B.  Beginning October 1, 2019, a place or vehicle in or on which any 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.
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.