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PUBLIC LAWS OF MAINE
First Regular Session of the 121st

CHAPTER 350
H.P. 902 - L.D. 1228

An Act To Address Concerns Regarding the Breeding and Sale of Certain Small Mammals

     Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, significant health and animal welfare concerns exist regarding the breeding and sale of small mammals as pets; and

     Whereas, certain breeders and sellers of certain small mammals are not currently regulated at either the state or federal level; and

     Whereas, children are often in contact with these animals in both home and school settings; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

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

     Sec. 1. 7 MRSA §3933, sub-§3 is enacted to read:

     3. Records. A person maintaining a pet shop, as defined in section 3907, shall keep a record of each animal received by the pet shop, except for mice and fish. The record must include the name and address of the person or company from whom the animal was received and the name and address of the person buying or otherwise acquiring the animal from the pet shop. The record must be kept on file for a period of 2 years following the sale or other disposition of the animal by the pet shop.

     Sec. 2. Report on and recommendations for regulation of breeders and sellers of small mammals. The Commissioner of Agriculture, Food and Rural Resources shall report to the Joint Standing Committee on Agriculture, Conservation and Forestry no later than December 31, 2003 on the need for additional regulation of breeders and sellers of small mammals commonly kept as pets. The commissioner or the commissioner's designee shall include in the report a summary of state and federal statutes and regulations that currently apply to breeders and sellers of small mammals commonly kept as pets, including gerbils, hamsters, guinea pigs, ferrets, rats and mice. The commissioner shall make recommendations regarding the need for additional authority to regulate the breeding and sale of small mammals to address public health and consumer protection concerns as well as animal welfare issues. The Joint Standing Committee on Agriculture, Conservation and Forestry may report out a bill during the Second Regular Session of the 121st Legislature to implement recommendations regarding the regulation of breeders and sellers of small mammals.

     Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

Effective May 30, 2003.

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