Current through 2024-13, March 27, 2024
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
"Boarding kennel" means any place, building, tract of land or abode in or on
which 3 or more privately owned companion animals are kept at any one time for
their owners in return for a fee or compensation and includes a facility where
3 or more companion animals are kept for training purposes for
compensation.
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. CAPACITY FOR CARE
"Capacity for care" is the level at which each licensed animal facility in
Maine can maintain the ability to meet the needs of every animal in the care of
that facility, regardless of purpose, age, health status and personality, and
by functioning within this level, are able to ensure the health and wellness of
animals in their care.
5. 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.
6. EXERCISE AREA - The
term "exercise area" refers to an enclosed space which is secured, either in or
out of doors, that is designed exclusively for the exercise of animals
appropriate of the type and species of animal. It is an area separate and
distinct from the animals' sleeping area. It must 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 disinfection.
7. FACILITY - The term "facility" refers to
pet shops, shelters, kennels, and boarding kennels.
8. HOUSING FACILITY - The term 'housing
facility" means any premises, shed, barn, building, trailer, or other structure
or area housing or intended to house animals, including foster homes.
9. IMMEDIATE FAMILY - The term "immediate
family" refers to one of the following family relationships: father, mother,
brother, sister, son, spouse or daughter.
10. IMPERVIOUS SURFACE - The term "impervious
surface" means a surface that does not permit the absorption of fluids. Such
surfaces are those that can be thoroughly and repeatedly cleaned and
disinfected, will not retain odors, and from which fluids bead up and run off
or can be removed without being absorbed into the surface material.
11. KENNEL - "Kennel" means 5 or more dogs
kept in a single location under one ownership for breeding, hunting, show,
training, field trials, sledding, competition, or exhibition purposes. The sale
or exchange of one litter of less than 16 puppies within a
12-month period alone does not constitute the operation of a kennel.
12. PERSON - The term "person" refers to an
individual, corporation, partnership, association, or any other legal
entity.
13. PET SHOP - "Pet shop"
means 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 purposes of sale to the public.
14. PRIMARY STRUCTURE - The term "primary
structure" means the main building used for housing or displaying
animals.
15. SHELTER - "Animal
shelter" means a:
a. Facility that houses
domesticated animals and operates or the purpose of providing stray, abandoned,
abused or owner-surrendered animals with sanctuary or finding the animals
temporary or permanent adoptive homes; or
b. Rescue group. An organization or
individual that receives domesticated animals that have been abandoned,
surrendered or removed from an animal facility or that takes in homeless dogs
or cats and sells, gives or otherwise places the animals in private
homes.
16. VETERINARIAN
OF REFERENCE - The term "Veterinarian of Reference" means the veterinarian
employed, contracted, or that volunteers with the shelter, rescue group, pet
store, or kennel to ensure the health of the animals in its care and ensure
proper disease control.
B.
LICENSES
1. A license is required for each pet shop,
shelter, kennel and boarding kennel.
2. Licenses must be posted in a conspicuous
place on the premises of each pet shop, shelter, kennel and boarding
kennel.
3. License numbers must be
posted in any advertisements and on any websites.
C.
RECORDS Each pet shop,
shelter, kennel and boarding kennel, must make and maintain for at least two
(2) years the following records of its activities:
1. Official Certificates of Veterinary
Inspection (CVI) as required by State of Maine statute and rule.
2. The name and address of the person(s) 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 vaccinations, medical treatments, and wellness exams for all animals
including wellness exams of all animals that are not for sale or adoption that
have been on the property for more than 6 months.
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.
8. Animal fostering agreements with a list of
animals fostered, names and locations of foster homes.
9. Records of maintenance, storage and
distribution of pharmaceuticals and controlled substances in accordance with
the US Department of Justice Drug Enforcement Administration regulations and
the Maine Veterinary Practice Act,
32 MRS
§§4851 et seq.
10. Records, including Certificates of
Veterinary Inspection, can be stored electronically.
D.
PRIMARY STRUCTURES
All pet shops, shelters, kennels and boarding kennels must be
comprised of a primary structure that is in good repair and structurally sound.
All primary structures must have available running water, heat, and
electricity.
E.
TEMPERATURE CONTROL
1. The inside
minimum temperature must be kept at a level to maintain good general health and
condition for animals housed in the facilities.
2. Outside facilities must provide shade
exclusive of the housing structure by either natural or manufactured devices
for all animals kept out of doors.
F.
SANITATION
1. Waste facilities must 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 must be disinfected as needed to be kept in a sanitary
condition.
3. Animals must be
removed from cages/pens during cleaning. Cages/pens must be clean and dry
before animals are replaced.
G.
FOOD
1. Food supplies must be protected against
contamination and deterioration, and refrigeration must be provided for
perishable food and supplies.
2.
Animals must 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 hip or rib bones showing which is not
normal to the breed, must be fed more frequently.
3. Lactating females must be fed daily in
sufficient quantity and quality to maintain their body weight while providing
sufficient nutrition for the production of milk.
4. Puppies and kittens must be fed at least
three times daily once they are able to ingest and metabolize solid
food.
5. Clean water must be
available at all times and must be in a tip resistant container that is low
enough to allow the animals free access.
6. Birds must have food and water available
at all times.
7. These requirements
must be attended to daily including weekends and holidays.
H.
DISEASE CONTROL & ANIMAL
WELLNESS
1. Animals with clinical
evidence of infectious, contagious, parasitic, or communicable disease must 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 must be established and
maintained with the Veterinarian of Reference.
3. All animals owned and kept by the facility
that are not for sale or adoption must receive regular annual examinations and
recommended treatment as determined by the Veterinarian of Reference to ensure
the health of all animals within that facility.
I.
NOISE
All noise must be kept at a minimum to prevent auditory
discomfort and restlessness.
J.
VENTILATION
All areas in which animals are kept must be ventilated in
such a manner that a movement of fresh 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 must have exposure to artificial or natural
daylight a minimum of eight (8) hours per day.
L.
SPECIAL INSTRUCTIONS
The seller/provider of any animal must furnish written
instructions as to the proper feeding, care, health information, and any
special needs associated with the animal sold or provided.
M.
HEALTH OF ANIMALS AT THE TIME OF
RELEASE
The following conditions 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, except with disclosure and acceptance by the person adopting or
potential owner.
5. Animals
determined to be unfit for sale or release as described above, must 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, normal state of health, as determined by acceptable
veterinary practice, the animal can then be considered for release or sale.
(The new owner must be apprised of the condition treated and the treatment
provided the animal.)
6. Animals
with aggression that pose a risk to public safety that cannot be safely managed
by behavioral program shall not be adopted or sold to the public.
N.
CAPACITY FOR CARE
1. All facilities licensed under these rules
shall demonstrate proper capacity to care for the number of animals under their
care upon request from and to the satisfaction of the department. In
determining the adequacy of a facilities' demonstration of capacity for care,
the department will take into account, among other relevant factors: the type
and numbers of animals in the care of the facility; the specific needs of the
animals in the care of the facility and whether they require special care; the
type of operation; experience of the facility operators and staff; and the size
and capacity of the facility; and the occurrence of any emergency or disaster
situations.
2. A facility must not
exceed its capacity for care by, including but not limited to, housing more
animals for which it has demonstrated a capacity to care for or housing and
caring for animals that have special needs that the facility operator and/or
staff are unqualified or otherwise unable to provide.
O.
PERSON MAINTAINING
All facilities licensed under these rules shall provide the
department the name and contact information of the person responsible for
maintaining the license and operation of the facility. This person must be a
current resident of the State of Maine and not be disqualified from facility
licensure under
7 M.R.S.A.
§3935 (License
Prohibited).
P.
UNLAWFUL SALE OF PUPPIES AND KITTENS
It is unlawful for any person to sell, adopt, or give away
any dog (puppy) or cat (kitten) until eighth (8) week of life.
Q.
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 must immediately notify the Animal
Welfare Program. Immediate notification may be oral, but a written confirmation
of such oral notification must be sent to the Animal Welfare Program within
twenty-four (24) hours.
R.
VIOLATIONS
The Animal Welfare Program will, 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, the Animal Welfare Program or the Attorney
General may seek enforcement remedies including but not limited to revocation
or suspension of the license.
S.
AUTHORIZED AGENTS (Access to
Facilities)
Authorized agents of the Animal Welfare Program must at all
reasonable times be allowed access to the physical premises and the records
maintained by any pet shop, shelter, kennel and boarding
kennel.
