Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
001 - MAINE MILK COMMISSION
Chapter 701 - RULES GOVERNING ANIMAL WELFARE
Section 001-701-II - SPECIFIC RULES BY CATEGORY OF ACTIVITY

Current through 2024-13, March 27, 2024

In addition to the general regulations listed in Section I, the following specific regulations apply to each of the following categories:

A. PET SHOPS

1. The housing facilities must be structurally sound and maintained in good repair to protect the animal from injury and to contain the animal.

2. Dogs must be removed from the cage a minimum of twice every twenty-four hour period.

3. There must be a separate and suitable exercise area provided that is properly controlled for the safety of the animals.

4. Cages/Pens for birds - Birds must be provided space to allow full expansion of their wings. Birds must be housed only with other compatible species unless housed singularly.

5. Cages/Pens for cats - Confinement areas must allow a minimum of four (4) square feet per cat inclusive of the area occupied by the litter boxes which offers enough room to comfortably stand. Cats must have litter boxes with ample clean litter available at all times. When multiple cats are kept in a common area there must be at least one 1 1/2 square foot litter box or equivalent for every three cats.

6. Animals or birds must not be placed in cages/pens over other animals or birds unless the enclosure is properly constructed to prevent excreta from entering the lower enclosure.

7. Males and females capable of reproduction must not be housed together.

8. Dogs and Cats must not be placed in the same cage/pen nor dogs or cats be housed in the same cage/pen with other species of animals.

9. Females with litters must be housed in an area that minimizes disruption to them.

10. All cages/pens must have a clean dry place for the animal to lie down and the flooring must be an impervious surface without perforations. There must be clean and sufficient bedding material to retain the animal's body heat. Manufactured grids that will not potentially injure the feet are acceptable.

11. The primary structure must have provisions for proper disposal of dead or euthanized animals.

12. The design and location of a cage and exercise area must be of such nature as to permit ready and convenient access for cleaning, sanitation and care of animals.

13. Isolation areas must be provided and used for all animals being imported from out of state to ensure their health at the time of sale in accordance with rules set forth in Chapter 216 "Rules Governing the Sale of Dogs and Cats and Importation of Dogs and Cats for Resale or Adoption."

B. SHELTERS

1. The housing facilities must be structurally sound and maintained in good repair to protect the animal from injury and to contain the animal.

2. Dogs must be removed from the cage a minimum of twice every twenty-four hour period.

3. There must be a separate and suitable exercise area provided that is properly controlled for the safety of the animals.

4. Animals must not be placed in cages/pens over other animals unless the enclosure is properly constructed to prevent excreta from entering the lower enclosure.

5. Males and females capable of reproduction must not be housed together.

6. Cages/Pens for cats - Confinement areas must allow a minimum of four (4) square feet per cat inclusive of the area occupied by the litter boxes. Cats must have litter boxes with ample clean litter available at all times. When multiple cats are kept in a common area there must be at least one 1 1/2 square foot litter box or equivalent for every three cats.

7. Dogs and cats must not be placed in the same cage/pen nor dogs or cats be housed in the same cage/pen with other species of animals.

8. Females with litters must be housed in an area that minimizes disruption to them.

9. Areas housing puppies from birth to two (2) weeks old must be kept at a high enough ambient temperature to maintain their normal internal temperature. Manufactured grids that will not potentially injure the feet are acceptable.

10. All cages/pens must have a clean dry place for the animal to lie down and the flooring must be an impervious surface without perforations. There must be clean and sufficient bedding material if it is necessary to retain the animal's normal body heat.

11. The primary structure must have provisions for proper disposal of dead or euthanized animals.

12. The design and location of a cage and exercise area must be of such a nature as to permit ready and convenient access for cleaning, sanitation and care of animals.

13. Shelter managers and staff must diligently try to locate the owner of any animal in their custody including utilizing any type of identification (tattoos, name tags, rabies tags, microchips or any other identifying characteristics).

14. Controlled substances and medications must be securely stored, maintained and logged in accordance with the US Department of Justice Drug Enforcement Administration regulations.

15. Sharps containers must be provided and properly disposed of in accordance with Maine Department of Environmental Protection Chapter 900 Rules, Biomedical Waste Management.

16. Isolation areas must be provided and used for all animals being imported from out of state to ensure their health at the time of adoption in accordance with rules set forth in Chapter 216 "Rules Governing the Sale of Dogs and Cats and Importation of Dogs and Cats for Resale or Adoption." Foster homes used as an isolation area for the purposes of this section must be not intended as the adoptive home

C. KENNELS AND BOARDING KENNELS

1. The housing facilities must be structurally sound and maintained in good repair to protect the animal from injury and to contain the animal.

2. Dogs must be removed from the cage a minimum of twice every twenty-four hour period.

3. There must be a separate and suitable exercise area provided that is properly controlled for the safety of the animals.

4. Cages/Pens for cats - Confinement area must allow a minimum of four (4) square feet per cat inclusive of the area occupied by the litter boxes. Cats must have litter boxes with ample clean litter available at all times. When multiple cats are kept in a common area there must be at least one 1 1/2 square foot litter box or equivalent for every three cats.

5. Animals must not be placed in cages/pens over other animals unless the enclosure is properly constructed to prevent excreta from entering the lower enclosure.

6. Females must not be housed with males unless requested by owners/keepers.

7. Females with litters must be housed in an area that minimizes disruption to them.

8. Areas housing puppies from birth to two (2) weeks old must be kept at a high enough ambient temperature to maintain their normal internal temperature.

9. All cages/pens must have a clean dry place for the animal to lie down and the flooring must be an impervious surface without perforations. There must be clean and sufficient bedding material to retain the animal's normal body heat. Wire floor does not include manufactured grids that will not potentially injure the feet.

10. The design and location of a cage and exercise area must be of such nature as to permit ready and convenient access for cleaning, sanitation and care of the animal.

11. Animals used for breeding shall receive an annual health check up from the veterinarian of reference each calendar year.

D. OUTSIDE FACILITIES FOR DOG HOUSE; TETHERING OF ANIMALS

1.
A. Any shelter, kennel or boarding kennel owning or keeping a dog that shelters the dog out of doors must have outside housing facilities consisting of a four (4) sided structure and roof made of waterproof and windproof material with an R factor of .9 (example: .9 = 3/4" thickness (wood)). There shall be a portal of entry of sufficient size to allow the dog unimpeded passage, which shall include a baffled or appropriate sheltered entrance.

B. This opening must face south or the direction away from which most wind driven precipitation comes. This facility must have a solid floor at least three (3) inches above the ground level, with clean and sufficient bedding material to retain the animal's normal body heat.

2.
A. When animals are confined by a chain or similar device, the chain must be attached to both the animal and the anchor by a swivel or similar device so the chain will not become entangled or twisted. The chain or similar device must be attached to a well-fitting collar or harness that in no way cuts into the animal's flesh, impedes the circulation, its vocalization, nor ability to ingest food or water.

B. The gauge of the chain must be appropriate for the size of the animal involved and the chain must be at least five (5) times the length of the animal from the tip of its nose to the base of its tail. The exception is in the case of dogs which are bred and trained as sled dogs, for which the length of the chain must not be less than 1 1/2 times the length of the dog from the tip of its nose to the base of its tail if tied on a pivot and 3 times the length of the dog from the tip of its nose to the base of its tail to a stationary point.

3. Multiple animals kept in such fashion must be kept far enough apart to prevent the restraining devices from becoming entangled.

4. For dogs that are tethered at a pivot point permitting a 360 degree area of movement, the tether must be 2 1/2 times the length of the dog from the tip of its nose to the base of its tail.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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