An Act Regarding the Sale of Dogs and Cats at Pet Shops
Sec. 1. 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, boarding kennel or grandfathered 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. For purposes of this section, "grandfathered pet shop" has the same meaning as in section 3933.
Sec. 2. 7 MRSA §3933, as amended by PL 2009, c. 343, §16, is further amended to read:
§ 3933. Pet shops
Sec. 3. 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, breeding kennel or grandfathered 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. For purposes of this section, "grandfathered pet shop" has the same meaning as in section 3933.
Sec. 4. 7 MRSA §4151, sub-§1-A is enacted to read:
Sec. 5. 7 MRSA §4151, sub-§3-A is enacted to read:
Sec. 6. 7 MRSA §4151, sub-§4-A, as enacted by PL 2007, c. 702, §22, is amended to read:
Sec. 7. 7 MRSA §4153, as amended by PL 2011, c. 100, §15, is repealed and the following enacted in its place:
§ 4153. Sale prohibited
(1) Maintains a valid license under section 3933;
(2) Remains in the same ownership as existed on May 1, 2019; and
(3) Keeps for sale or offers for sale in any calendar year no greater a number of animals than were kept for sale or offered for sale by the pet shop in calendar year 2018.
In order to qualify for the exception allowed under this paragraph, a pet shop must provide to the department, in a form and manner prescribed by the department, documentation of the ownership of the pet shop on May 1, 2019 as well as the number of animals offered for sale in 2018 and annually thereafter. For purposes of this paragraph, "remains in the same ownership" means a static state of ownership in which no ownership interest changes after May 1, 2019, except, in the case of a pet shop that on May 1, 2019 was owned by a family, a transfer of an ownership interest to the spouse, domestic partner or one or more children of the oldest member of the family holding an ownership interest on May 1, 2019. For purposes of this paragraph, "family" means one person or a group of people whose relationship to the oldest person in the group is either spouse, domestic partner or child. In order to maintain a valid license, the pet shop must provide to the department, in a form and manner prescribed by the department, documentation of any transfer of ownership under this paragraph. If there is ambiguity as to whether a pet shop remains in the same ownership, the pet shop does not satisfy the requirements of subparagraph (2).
Sec. 8. 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. 9. Effective date. This Act takes effect 180 days after adjournment of the First Regular Session of the 129th Legislature.