HP0390, LD 548, item 1, An Act To Amend Laws Relating to Agricultural Pulling Events

An Act To Amend Laws Relating to Agricultural Pulling Events

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 7 MRSA §81, sub-§14, as enacted by PL 2005, c. 563, §3, is repealed.

Sec. 2. 7 MRSA §96, sub-§§3, 4 and 7, as enacted by PL 2005, c. 563, §3, are amended to read:

3. Animals subject to examination; scope; request for test. An animal entered in an event is subject to examination under the direction of a licensed veterinarian or an agent of the licensed veterinarian. The licensed veterinarian, with the approval of the commissioner, may appoint technicians and agents to perform duties under this section that are not prohibited by other provisions of law. The examination may include physical, saliva, urine or blood tests or other tests or procedures that the licensed veterinarian considers necessary to carry out the purposes of this section. The licensed veterinarian may examine an animal entered in an event if that animal is on the grounds of the event. The licensed veterinarian also may examine an animal withdrawn by the owner or trainer of the animal within 24 hours prior to an event for which the animal had been entered.

4. Refusal to submit animal for examination. An The owner or trainer may not refuse to secure or restrain an animal for examination under this section by a licensed veterinarian or a technician or agent of the licensed veterinarian and may not interfere with the restraining or securing of an animal for that examination.

7. Responsibility of owner for condition of animal. In the absence of substantial evidence to the contrary, the owner and trainer of an animal are is responsible for the condition of the animal, including the presence of a prohibited substance, and are is charged with knowledge of all the provisions contained in this section and the regulations adopted pursuant to this section. If a trainer the owner is prevented from performing the trainer's owner's duties , including responsibility for an animal under this subsection, by illness or other cause, or is absent from the event where an animal under the trainer's owner's care is entered and stabled, the trainer owner shall immediately shall notify the secretary or general manager of the event. At the time of notification, the trainer shall specify a substitute trainer and the substitute trainer shall place the substitute trainer's name on the entry blank. The substitute trainer has the same responsibilities as the trainer concerning the condition of an animal in that trainer's care.

Sec. 3. 7 MRSA §96, sub-§8, as amended by PL 2011, c. 73, §1, is further amended to read:

8. Administrative hearing; suspension. In lieu of a civil action under subsection 9, the commissioner may institute an administrative proceeding on any alleged violation of this section. If the commissioner institutes an administrative proceeding, the commissioner shall give notice and an opportunity for hearing under Title 5, chapter 375, subchapter 4. Upon giving notice to a person who is alleged to be in violation of this section, the commissioner shall immediately prohibit that person from competing in an event within the State. This prohibition remains in effect for 30 days or until the commissioner's decision following the hearing is received, whichever occurs first, except that the prohibition period is extended by any delays of the hearing requested by the person against whom the violation is alleged.

If the person against whom the violation is alleged does not request a hearing or if, after a hearing, the commissioner finds the person has committed the violation, the commissioner shall prohibit that person from competing in any event within the State for a period of up to 2 years and shall also exclude the animal from competing in any event within the State for a period of up to one year. The commissioner may also, in an adjudicatory proceeding, in lieu of a civil action under subsection 9, impose an administrative penalty not to exceed $1,000 for a violation of this section.

The commissioner may establish, by rule, a schedule of administrative penalties for violations of this section that includes fines and prohibitions on competing. The schedule must be based on the severity of the violation. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 4. 7 MRSA §96, sub-§10, as enacted by PL 2005, c. 563, §3, is amended to read:

10. Suspension. When a violation is adjudicated under subsection 9, the commissioner shall immediately suspend the person adjudicated to have committed the violation from participating in events for a period of 2 years and shall also exclude the animal involved from competing in any event for a period of one year. An action by the commissioner based upon an adjudication under this section is automatic, and there is no right to a hearing before the commissioner on the suspension. A person who participated in an event during any period of suspension or prohibition ordered by the commissioner under this subsection or subsection 8 and the owner and trainer of any animal that competes during a period of suspension or prohibition commit an additional violation of this section.

Sec. 5. 7 MRSA §96, sub-§12, ¶C, as enacted by PL 2005, c. 563, §3, is amended to read:

C. Only a licensed veterinarian or a trainer the owner acting under the direction of a licensed veterinarian may administer medication. The trainer owner may administer medication under the direction of a licensed veterinarian if the licensed veterinarian has assumed responsibility for making medical judgments regarding the health of the animal, has sufficient knowledge of the animal to make a general or preliminary diagnosis of the animal and is readily available to care for the animal in the event of an adverse reaction to medication or the failure of a trainer the owner to adhere to a therapy regimen.

Sec. 6. 7 MRSA §97, sub-§4, ¶B-1 is enacted to read:

B-1. An animal must have an ear tag or microchip implant for identification purposes. The pull superintendent or the assistant pull superintendent shall verify the animal's identification at the time of weigh-in and at the time of entry.

summary

This bill adds to the law regarding pulling events the requirement that an animal entered in a pulling event must have either an ear tag or a microchip implant for identification purposes.

The bill also removes references to trainers as regards pulling events. It requires the Commissioner of Agriculture, Conservation and Forestry to impose a 2-year suspension from competition for a person found to have used a prohibited substance with respect to an animal at a pulling event. It requires the commissioner to impose a full one-year suspension from competition for the animal found to have a prohibited substance in its system at the time of the pulling event. Currently, the commissioner may impose a suspension of less than 2 years.

HP0390 LD 548	Session - 128th Maine Legislature		LR 708 Item 1
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