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Title 7 - §61. Property management

Title 7: AGRICULTURE AND ANIMALS
Part 1: ADMINISTRATION
Chapter 3: COUNTY AND LOCAL SOCIETIES

§61. Property management

County and local agricultural societies may take and hold property, real and personal, the annual income of which shall be applied to the purposes provided in their charters, or their treasurers may receive conveyances or leases of such property for their societies, and hold, sell, mortgage or pledge it, and shall give bonds to the trustees for the safekeeping thereof and the faithful discharge of their duties.
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Augusta, Maine 04333-0007Title 7 - §62. Stipend for clubs and societies

Title 7: AGRICULTURE AND ANIMALS
Part 1: ADMINISTRATION
Chapter 3: COUNTY AND LOCAL SOCIETIES

§62. Stipend for clubs and societies

There must be appropriated annually from the State Treasury a sum of money equal to 5% of the amount contributed under Title 8, section 287, and additional sums of money as provided and limited by Title 8, section 286, which is known as the state stipend for aid and encouragement to agricultural societies and designated as the "stipend." Forty-four percent of the amounts contributed under Title 8, section 286 must be divided for reimbursements in equal amounts to each recipient of the Stipend Fund that conducts pari-mutuel racing in conjunction with its annual fair if the recipient has improved its racing facilities and has met the standards for facility improvements set by the commissioner for the recipients. If a recipient has not complied with the individual standards set by the commissioner, yearly reimbursements must be paid in equal amounts to those recipients that have met those standards. A sum equal to 8% of the amount collected under Title 8, section 286 must be divided for reimbursement in amounts in proportion to the sums expended for premiums in the current year to each recipient of the Stipend Fund that does not conduct pari-mutuel racing, if the recipient has improved its facilities and has met the standards for facility improvements set by the commissioner for the recipients. From the state stipend the commissioner may expend annually a sum not to exceed 13% for administrative and inspection services and for administration of the State's standard-bred horses program and the Sire Stakes Fund, as established by Title 8, section 281. The balance of this stipend must be divided among the legally incorporated agricultural clubs, societies, counties and fair associations of the State, in this Title designated as "societies," according to the following schedule and method. The stipend must be divided pro rata among the legally incorporated societies according to the amount of premiums and gratuities actually paid in full and in cash or valuable equivalent by those societies upon horses, cattle, sheep, swine, poultry and agricultural and domestic products, except that each of the qualifying societies that does not conduct pari-mutuel racing is entitled to receive shares that, considering the amount of premiums and gratuities actually paid during the fair season in question, are not less than the equivalent amount received by those societies during the 1976 fair season, and except that that society, whether specifically mentioned in this Title or otherwise, is not entitled to any share of the stipend unless it has complied with the following requirements, which must be considered by the commissioner as the basis upon which the commissioner's apportionment of the stipend must be made as provided in this section. Premiums or gratuities may not be considered by the commissioner in apportioning the amount of stipend to which any society is entitled except those offered and paid upon horses, cattle, sheep, swine, poultry, vegetables, grain, fruit, flowers, products derived from horses, cattle, sheep, swine, home canned foods, grange exhibits, farm exhibits, boys' and girls' club exhibits, exhibits of the mechanical arts, domestic and fancy articles produced in the farm home and pulling contests by horses and oxen. A society is not entitled to any share of the stipend unless it has first obtained a license issued pursuant to section 65. A society, the Maine State Pomological Society excepted, may not receive from the State a sum greater than that actually raised and paid by the society as premiums and gratuities in the classes provided and a society is not entitled to any share of the stipend unless it has raised and paid in premiums in the classes set forth at least $200. A society may not receive any portion of the stipend in excess of $10,000, except that such limitation does not apply to any additional stipend provided for by Title 8, section 286. A society may not receive any portion of the stipend unless it has regularly entered and displayed in an attractive manner upon its exhibition grounds distinct exhibits or entries of vegetables, fruits, grains or dairy products, or of subordinate and other granges and 4-H clubs, of a quality acceptable to the commissioner or the commissioner's regularly authorized agent and of varieties known to be common or standard to the county in which the exhibition is held. [1997, c. 528, §2 (amd).] div>
The commissioner shall make all necessary rules and regulations to protect the health of domestic animals and poultry, being shown or exhibited, against contagious, infectious and parasitic diseases, and parasitic infestation. No society, association, corporation, group or individual shall be entitled to any state aid or stipend where domestic animals or poultry are shown or exhibited, unless the health status of said domestic animals and poultry satisfy the health requirements of the rules and regulations made by the commissioner. div>
In the distribution of such stipend no allowance shall be made or consideration given on account of lump sums, payments or premiums previously arranged and agreed upon by exhibitors and the officers of any society for the presentation and display of any animals or products without regard to competition which may subsequently appear, excepting any special agricultural exhibits of such nature as to preclude their entry in competition. div>
No stipend shall be paid on premiums or purses offered and paid by any such society at any event held other than during the period at which its annual exhibition is held. div>
A society within the meaning of this section to qualify for a stipend shall mean:

1. Agricultural display. A society which has an agricultural display of the products of agriculture, typical of the area at the time the fair is held;

2. Premiums; licensing. A society which:

A. Pays a minimum of $750 on premiums for 3 consecutive years for agriculture displays of the products of agriculture, exclusive of those for horse and ox pulling contests, except that any society that qualified for a stipend prior to September 14, 1979 is not required to pay premiums for 3 consecutive years; [RR 1997, c. 2, §25 (cor).]

B. Is duly licensed pursuant to section 65; [1983, c. 180, §1 (amd).]

C. Continues to pay $1,200 on premiums yearly for an agricultural display of the products of agriculture exclusive of those for horse and ox pulling contests; and [1983, c. 180, §1 (amd).]

D. Continues to satisfactorily conduct an agricultural fair in accordance with agricultural fair performance standards established by the commissioner in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375. [1983, c. 180, §2 (new).]

[RR 1997, c. 2, §25 (cor).]

3. Ten stockholders or primary purpose not profit. A society which has stockholders or members or the primary purpose of which is not profit to be distributed to its members or stockholders. The commissioner may summon before him and examine on oath any officer of an incorporated society or other person whose testimony he shall deem necessary in the proper discharge of his duties, and may require such witnesses to bring before him for examination any books or records in their custody or control which he may deem necessary for his information in the performance of his duties. The commissioner shall apportion annually the stipend due from the State to the societies, including the Maine State Pomological Society. He shall issue blanks to the proper officers of said societies for such returns as may be deemed necessary for a full and complete knowledge of the work of said societies for each year, and shall certify to the Governor the amount of stipend due such society, and shall designate to the Treasurer of State to whom such moneys shall be paid, but said societies shall not be entitled to such stipend unless they shall make such returns. Neglect or failure on the part of any society to observe any of the requirements shall be deemed sufficient cause for withholding such society's share of the stipend, and the commissioner is required and directed to authorize payment of stipend only to such societies as have observed all of the said requirements. [1975, c. 771, §99 (amd).]
div>
The conducting of pari-mutuel betting by any such society under license of the State Harness Racing Commission, in accordance with Title 8, chapter 11, shall not be deemed cause for withholding such society's share of the stipend.

Section History:
PL 1965,
Ch. 233,
§1,2 (AMD).
PL 1965,
Ch. 436,
§1,2 (AMD).
PL 1967,
Ch. 31,
§ (AMD).
PL 1969,
Ch. 148,
§1 (AMD).
PL 1971,
Ch. 45,
§ (AMD).
PL 1971,
Ch. 91,
§1 (AMD).
PL 1975,
Ch. 465,
§1-3 (AMD).
PL 1975,
Ch. 771,
§99 (AMD).
PL 1977,
Ch. 96,
§1 (AMD).
PL 1979,
Ch. 124,
§1 (AMD).
PL 1979,
Ch. 541,
§B5 (AMD).
PL 1979,
Ch. 672,
§12-14 (AMD).
PL 1983,
Ch. 180,
§1,2 (AMD).
PL 1987,
Ch. 395,
§A31 (AMD).
PL 1987,
Ch. 759,
§1 (AMD).
PL 1993,
Ch. 388,
§2 (AMD).
PL 1997,
Ch. 528,
§2 (AMD).
RR 1997,
Ch. 2,
§25 (COR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §63. Certification for payment

Title 7: AGRICULTURE AND ANIMALS
Part 1: ADMINISTRATION
Chapter 3: COUNTY AND LOCAL SOCIETIES

§63. Certification for payment

No payment of any state aid, whether made under section 62 or by special appropriation, shall be made to any society until the treasurer thereof files with the Treasurer of State a certificate on oath, stating the amount raised by it and the amount actually awarded and paid in premiums; and a certificate from the commissioner that he has examined into the claim of said society; that in his opinion it has complied with sections 62 and 68; that there has been awarded and paid by said society as premiums and gratuities a sum at least equal to the amount apportioned to said society. In case of any complaint in writing, signed by the complainant, of the violation of any of the provisions of this Title relating to the payment of state aid in any form to agricultural societies, the commissioner may investigate such alleged violation and employ such agents and counsel as may be necessary to aid him in such investigation, and the expense incurred shall be paid out of the general appropriation for aid of societies. When it is found upon such investigation that the society against which complaint has been made has violated this Title, the expense of such investigation shall be paid from the amount that would otherwise have been paid to said society. If the society against which the complaint is made receives its aid by special enactment, then the expense of the investigation shall be paid from the said appropriation for such society.
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §64. Fairs and exhibits

Title 7: AGRICULTURE AND ANIMALS
Part 1: ADMINISTRATION
Chapter 3: COUNTY AND LOCAL SOCIETIES

§64. Fairs and exhibits

Agricultural fair associations holding pari-mutuel racing meets shall, as a requirement for receiving a "fair stipend" from the State, during one racing meet each year, put on an agricultural fair with exhibits of miscellaneous and representative farm and orchard products and exhibits of livestock, crafts, etc. Such exhibits shall be kept in attractive display for a minimum of 3 consecutive days during the meet. The total premium payments for these exhibits shall be, at least, an amount equal to the premiums or purses paid for pulling contests at this same fair and race meet, and not less than 25% of the amount paid for purses for harness horse races conducted during the annual fair. This section is in addition to any present requirements for eligibility for the "fair stipend." [1979, c. 124, § 2 (amd).]

Section History:
PL 1979,
Ch. 124,
§2 (AMD).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 7 - §65-A. Requests for changes in dates

Title 7: AGRICULTURE AND ANIMALS
Part 1: ADMINISTRATION
Chapter 3: COUNTY AND LOCAL SOCIETIES

§65-A. Requests for changes in dates

An agricultural society licensed to conduct an agricultural fair may, within 6 months of the date of its license, petition the commissioner for a change in the dates assigned. Upon receipt of the petition, the commissioner shall reconsider the dates assigned, following the same procedure by which the dates were originally assigned, and shall render a decision within 15 calendar days. [1983, c. 180, § 4 (new).] div>
An agricultural society licensed to conduct an agricultural fair, shall, no later than 60 days prior to the dates assigned for a fair in any year, advise the commissioner of the cancellation or any proposed decrease in the number of days of the fair. [1983, c. 180, § 4 (new).]

Section History:
PL 1983,
Ch. 180,
§4 (NEW).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §65. Licensing of exhibitions

Title 7: AGRICULTURE AND ANIMALS
Part 1: ADMINISTRATION
Chapter 3: COUNTY AND LOCAL SOCIETIES

§65. Licensing of exhibitions

A person, agricultural society, association or corporation may not hold, conduct or operate agricultural fairs or agricultural exhibitions for competition for premiums or purses within the State without a license for those purposes and only on dates assigned by the commissioner. The application for the license must be signed and sworn to by the person or executive officer of a society, association or corporation and must contain such information as the commissioner may require. A person applying for a license under this section must submit the completed application and a $10 license fee to the commissioner no later than March 31st in the calendar year preceding the first year of the license. All fair licenses are issued for 3 calendar years. The commissioner shall announce the assignment of fair dates and issuance of licenses no later than May 15th for each 3-year period. If the commissioner is satisfied that the requirements of this chapter and the rules prescribed by the commissioner have been and will be complied with by the applicant, the commissioner may issue a license for that purpose and, in a manner consistent with the Maine Administrative Procedure Act, set the dates for which the license is effective. [2001, c. 175, §1 (amd); §2 (aff).]

1. [1975, c. 770, § 44 (rp).]

2. [1975, c. 770, § 44 (rp).]

Section History:
PL 1975,
Ch. 465,
§4 (RPR).
PL 1975,
Ch. 770,
§43,44 (AMD).
PL 1977,
Ch. 694,
§43 (AMD).
PL 1983,
Ch. 180,
§3 (AMD).
PL 2001,
Ch. 175,
§1 (AMD).
PL 2001,
Ch. 175,
§2 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §66. Sale of goods and refreshments

Title 7: AGRICULTURE AND ANIMALS
Part 1: ADMINISTRATION
Chapter 3: COUNTY AND LOCAL SOCIETIES

§66. Sale of goods and refreshments

Whoever sells any refreshments or other merchandise, or exhibits any show or play within a quarter of a mile of the fair grounds of any society, during the time of any exhibition thereof, unless in his own dwelling house or usual and ordinary place of business, or lets any land or building adjoining or overlooking the fair grounds of such society to spectators of any exhibition thereof during the time of such exhibition, without the written consent of its trustees, forfeits to such society not exceeding $100, to be recovered on complaint of 2 of its trustees.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §67. Entry fees; lien on animals

Title 7: AGRICULTURE AND ANIMALS
Part 1: ADMINISTRATION
Chapter 3: COUNTY AND LOCAL SOCIETIES

§67. Entry fees; lien on animals

Whoever makes entries of animals or articles as competitors for premiums or purses offered by any society or by any person or association in the State shall be holden to pay the entry fee in accordance with the advertised rules and regulations of any such society, person or association not in conflict with the laws of the State. A lien is created upon such animals and articles for such entry fee to secure payment thereof with costs, to be enforced by a civil action against the person owning such animals or articles, or the person entering the same, or the same may be enforced in the same manner as liens on goods in possession and choses in action, but such lien shall not affect the title of any innocent purchaser of said animals or articles without actual notice of such lien.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §68. Premiums on unregistered males prohibited

Title 7: AGRICULTURE AND ANIMALS
Part 1: ADMINISTRATION
Chapter 3: COUNTY AND LOCAL SOCIETIES

§68. Premiums on unregistered males prohibited

No state stipend shall be paid to any society offering or paying premiums in breeding classes on males not recorded in the recognized books of record for their respective breeds. The commissioner may make this a part of the sworn return to be made by the proper officers of all societies.
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §69. Admission by fraud

Title 7: AGRICULTURE AND ANIMALS
Part 1: ADMINISTRATION
Chapter 3: COUNTY AND LOCAL SOCIETIES

§69. Admission by fraud

1977, c. 696, § 55 (rp).

Section History:
PL 1977,
Ch. 696,
§55 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §70. Annual reports

Title 7: AGRICULTURE AND ANIMALS
Part 1: ADMINISTRATION
Chapter 3: COUNTY AND LOCAL SOCIETIES

§70. Annual reports

Each society claiming a share of the state stipend under section 62 shall file with the commissioner, not later than December 31st of the year for which said stipend is requested, a statement by its secretary, setting forth the financial condition and transactions of the society, the amounts paid in premiums in the several classes or displays provided for in section 62 and such additional information relative to the character of displays and the conduct of exhibitions as the commissioner may request, and upon blanks to be furnished by him. Upon receipt and after examination of these statements, if the commissioner finds them to be accurate, complete and in accordance with section 62, he shall issue the certificate mentioned in section 63, and not otherwise.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §71. Constables

Title 7: AGRICULTURE AND ANIMALS
Part 1: ADMINISTRATION
Chapter 3: COUNTY AND LOCAL SOCIETIES

§71. Constables

The officers of any agricultural or horticultural society may appoint a sufficient number of suitable persons to act as constables at cattle shows and exhibitions, with all the powers of constables, for the preservation of the public peace and the enforcement of the regulations of said society, within the towns where such shows and exhibitions are held, from noon of the day preceding the commencement of the same until noon of the day succeeding the termination thereof, and no longer. [1979, c. 127, § 43 (amd).]

Section History:
PL 1979,
Ch. 127,
§43 (AMD).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §72. Pomological society

Title 7: AGRICULTURE AND ANIMALS
Part 1: ADMINISTRATION
Chapter 3: COUNTY AND LOCAL SOCIETIES

§72. Pomological society

The Maine State Pomological Society, a nonprofit organization incorporated in 1873, is authorized to promote the interests of better fruit growing in Maine by holding an annual exhibition wherein premiums on horticultural products and appliances shall be paid. It may hold such field meetings as may be thought profitable by the executive committee of the society and to pay other incidentals thereof including compensation and traveling expenses of officers, providing an itemized account of all money expended be rendered each year to the commissioner and upon his approval and presentation of proper vouchers said bill shall be paid.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §73. Poultry associations

Title 7: AGRICULTURE AND ANIMALS
Part 1: ADMINISTRATION
Chapter 3: COUNTY AND LOCAL SOCIETIES

§73. Poultry associations

The Maine State Poultry Association and Androscoggin Poultry and Pet Stock Association and the Maine Broiler Growers Association and the Maine Poultry Improvement Association, nonprofit organizations, are authorized to promote the interests of commercial poultry breeding in Maine and improved poultry production in quality and efficiency by holding contests or exhibitions and awarding premiums on live poultry and poultry products, and to pay other incidentals thereof, provided an itemized account of all money expended be rendered each year to the commissioner and upon his approval and presentation of proper vouchers said bills shall be paid. The sum appropriated to carry out this section shall be apportioned between the said associations as the commissioner may direct.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 7 - §74-A. Certain drugging of animals prohibited

Title 7: AGRICULTURE AND ANIMALS
Part 1: ADMINISTRATION
Chapter 3: COUNTY AND LOCAL SOCIETIES

§74-A. Certain drugging of animals prohibited

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Animal" means an animal entered in an event. [1995, c. 602, §2 (new).]

B. "Event" means a public pulling competition or livestock exhibition. [1995, c. 602, §2 (new).]

C. "Licensed veterinarian" means a person licensed as a veterinarian by the State who is operating under the direction or authority of the department. [1995, c. 602, §2 (new).]

D. "Prohibited substance" means:

(1) A stimulant, depressant, tranquilizer or local anesthetic that could affect the conduct, actions, endurance, strength, speed, performance, appearance or disposition of an animal;

(2) Any substance that the commissioner by rule determines could affect the conduct, actions, endurance, strength, speed, performance, appearance or disposition of an animal;

(3) A drug, regardless of how harmless or innocuous, that interferes with the detection of any prohibited substance; or

(4) A metabolite or derivative of a prohibited substance.
[1995, c. 602, §2 (new).]

E. "Trainer" means a person who has the responsibility for the care, training, custody or performance of an animal, including, but not limited to, any person who signs an entry blank for an event. [1995, c. 602, §2 (new).]

[1995, c. 602, §2 (new).]

2. Administration of prohibited substance. A person may not feed, inject, insert or otherwise administer or attempt to administer or instruct, aid or conspire with another person to administer or employ anyone who administers or attempts to administer a prohibited substance to an animal. The commissioner may require that an animal be tested for the presence of a prohibited substance before, during or after an event. [1995, c. 602, §2 (new).]

3. Prohibited use or exhibition of drugged animal. An animal that has been administered a prohibited substance may not be used in an event. [1995, c. 602, §2 (new).]

4. 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 any of the animals entered in an event if those animals are on the grounds of the event. The licensed veterinarian also may examine an animal withdrawn by the owner or trainer of the animal 24 hours prior to an event for which the animal had been entered. [1995, c. 602, §2 (new).]

5. Refusal to submit animal for examination. An owner or trainer may not refuse to secure or restrain an animal for examination 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. [1995, c. 602, §2 (new).]

6. Presence of prohibited substance; prima facie evidence. If the chemical analysis of a test performed under subsection 4 indicates the presence of a prohibited substance, it is prima facie evidence that the substance has been administered to the animal. For purposes of this section, each administration of a prohibited substance to an animal and each occasion on which a prohibited substance was administered in violation of this section constitutes a separate violation. [1995, c. 602, §2 (new).]

7. Responsibility of owner or trainer for condition of animal; substitute trainer. The owner or trainer, or both, in the absence of substantial evidence to the contrary, is responsible for the condition of the animal, including the presence of a prohibited substance, and is charged with knowledge of all the provisions contained in this section and the regulations adopted pursuant to this section. If a trainer is prevented from performing the trainer's duties, including responsibility for an animal in the trainer's care, by illness or other cause, or is absent from the event where an animal under the trainer's care is entered and stabled, the trainer immediately shall notify the secretary or 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 has for the condition of an animal in that trainer's care. [1995, c. 602, §2 (new).]

8. Administrative hearing; suspension. In lieu of the civil action authorized by subsection 9, the commissioner may institute an administrative proceeding. If the commissioner institutes an administrative proceeding, the commissioner shall give notice and an opportunity for hearing under Title 5, chapter 375, subchapter IV, on any alleged violation of this section. Upon giving notice, the commissioner shall prohibit immediately the person against whom the violation is alleged 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 a violation of this section, the commissioner shall prohibit that person from competing in any event within the State for a period of 2 years and also exclude the animal from competing in any event within the State for a period of one year. [1997, c. 121, §1 (amd).]

9. Violation. A person who violates this section is subject to the provisions of this subsection.

A. The following forfeitures may be adjudged in a civil action in a court of competent jurisdiction:

(1) For the first violation, a forfeiture of not less than $100 nor more than $500; or

(2) For a 2nd or subsequent violation, a forfeiture of not less than $500 nor more than $1,000.

Forfeitures adjudged under this paragraph and collected by the commissioner must be deposited in the General Fund. [1997, c. 121, §2 (amd).]

B. [1997, c. 121, §3 (rp).]

B-1. When a violation is adjudicated under this section, the commissioner shall immediately suspend the right of the person adjudicated to have committed the violation from all 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 paragraph 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. [1997, c. 121, §4 (new).]

C. The owner of an animal found to have received a prohibited substance in violation of this section forfeits all prize money and any trophies, ribbons and points won at an event by the drugged animal. The prize money and trophies, ribbons and points must be redistributed by the general manager of the event in accordance with its rules or bylaws. [1995, c. 602, §2 (new).]

[1997, c. 121, §§2-4 (amd).]

10. Therapeutic drugs. This section does not prohibit the administration to an animal of a drug, the use of which is required for treatment of an illness or condition unrelated to the performance of the animal in the event. An animal in an event that receives a medication that contains a prohibited substance is not eligible for the event, unless the following requirements have been met and the facts requested are submitted in writing to the manager of the event.

A. The medication must be therapeutic and necessary for treatment of an illness or injury. [1995, c. 602, §2 (new).]

B. The animal must be withdrawn from the event for a period of at least 24 hours after medication has been administered. [1995, c. 602, §2 (new).]

C. Only a licensed veterinarian or a trainer acting under the direction of the licensed veterinarian may administer medication. The trainer may administer medication under the direction of the 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 to adhere to a therapy regimen. [1995, c. 602, §2 (new).]

D. The amount, strength and mode of administration of medication must be identified. [1995, c. 602, §2 (new).]

E. The statement must include the date and time of the administration of medication. [1995, c. 602, §2 (new).]

F. The animal must be identified by name, age, sex, color and entry number. [1995, c. 602, §2 (new).]

G. The statement must contain the diagnosis and reason for administering medication. [1995, c. 602, §2 (new).]

H. The statement must be signed by the person administering medication. [1995, c. 602, §2 (new).]

I. The statement must be filed with the general manager of the event within one hour after administration of medication or one hour after the manager of the event returns to duty, if administration is at a time other than during event hours. [1995, c. 602, §2 (new).]

J. The statement must be signed by the manager of the event and the time of receipt of the statement recorded on the statement by the manager. [1995, c. 602, §2 (new).]

If the chemical analysis of a sample taken pursuant to subsection 4 from the animal treated under this subsection indicates the presence of a prohibited substance and all the requirements of this subsection have been met, the information contained in the statement and any other relevant evidence must be considered at a hearing provided under subsection 8 in determining whether there has been a violation of any provision of this section. [1995, c. 602, §2 (new).]

11. Authority of the commissioner to make rules. The commissioner may adopt rules relating to the administration of tests, the care and custody of test samples and all other matters necessary to carry out the purposes of this section. [1995, c. 602, §2 (new).]

12. Inapplicability to horse racing. This section does not affect existing laws governing horse racing or affect horse sales or horse auction sales when those sales are solely for the sale of racehorses or breeding stock that are used in the production of racehorses and when those sales are held or conducted on the premises of a racing association under the jurisdiction of, and with the authorization and approval of, the State Harness Racing Commission. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. As used in this subsection, "racehorse" means a live horse, including a stallion, mare, gelding, ridgeling, colt or filly, that is eligible to participate in a horse racing contest in this State where parimutuel racing is permitted under the regulations promulgated by the State Harness Racing Commission. This subsection does not exempt racehorses participating in an event covered by this section. [1995, c. 602, §2 (new).]

Section History:
PL 1995,
Ch. 602,
§2 (NEW).
PL 1997,
Ch. 121,
§1-4 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §74. Certain substances prohibited (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 1: ADMINISTRATION
Chapter 3: COUNTY AND LOCAL SOCIETIES

§74. Certain substances prohibited (REPEALED)

Section History:
PL 1971,
Ch. 87,
§ (NEW).
PL 1971,
Ch. 585,
§1 (RPR).
PL 1977,
Ch. 694,
§44 (AMD).
PL 1977,
Ch. 696,
§55-A (AMD).
PL 1979,
Ch. 541,
§A44 (AMD).
PL 1987,
Ch. 111,
§ (RPR).
PL 1995,
Ch. 602,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §75-A. Pulling events between animals; application

Title 7: AGRICULTURE AND ANIMALS
Part 1: ADMINISTRATION
Chapter 3: COUNTY AND LOCAL SOCIETIES

§75-A. Pulling events between animals; application

1. Permits. A person, firm, corporation or unincorporated society or association may not conduct a public or private pulling event between animals or pairs of animals within the State without a permit from the commissioner. [2001, c. 421, Pt. B, §4 (new); Pt. C, §1 (aff).]

2. Application. A person shall make an application for a permit in writing to the commissioner at least 10 days prior to the date on which a pulling event is intended to take place and shall give the name of the person, firm, corporation or unincorporated society or association holding the event and the date and place the event is to be held. One application and one permit may include one or more separate events when specified. Permits granted under this section are not transferable. [2001, c. 421, Pt. B, §4 (new); Pt. C, §1 (aff).]

3. Fees. The commissioner shall charge a permit fee of $40 per pull day for an event sponsored by an entity receiving a stipend under section 62. The commissioner shall charge a seasonal permit fee of $75 to an entity that does not receive a stipend under section 62. The season permit covers all pulls conducted by that entity for the year in which the permit is issued. All revenue derived from the permit fees must be deposited in a nonlapsing dedicated account. [2001, c. 668, §1 (amd).]

4. Statutory rules. A permit may not be issued unless the sponsor has adopted the following rules governing the conduct of each contest.

A. All teamsters who are to compete in contests shall have their teams ready at the published starting time. All classes must be closed after the positions are drawn. Classes must start as nearly as possible to the published time. [2001, c. 421, Pt. B, §4 (new); Pt. C, §1 (aff).]

B. Check weighing must be allowed prior to the official weigh-in. All weighing must be done in the forenoon if possible. Teams must have on halters. Horses and ponies must have on shoes. [2001, c. 421, Pt. B, §4 (new); Pt. C, §1 (aff).]

C. Measuring must be in a straight line to the nearest point on the drag. Line-to-line measuring is allowed. The front of the drag must touch the line before turning. To get the full-line measure, the drag must be turned more than 12 way or the back of the drag must be over the line. [2001, c. 421, Pt. B, §4 (new); Pt. C, §1 (aff).]

D. Teams must stay hooked to the drag at all times. Unhitching and rehitching are not allowed. [2001, c. 421, Pt. B, §4 (new); Pt. C, §1 (aff).]

E. An actual separation, breaking or bending of equipment constitutes a breakdown. A team breaking down may take the distance pulled or return to the last position and pull over. Only one breakdown is allowed. [2001, c. 421, Pt. B, §4 (new); Pt. C, §1 (aff).]

F. Time limits are a maximum of 5 minutes. Time starts when the drag is moved. The time limit to hook on in distance pulls is 3 minutes. [2001, c. 421, Pt. B, §4 (new); Pt. C, §1 (aff).]

G. On horses, the very light use of the reins on the hindquarters only is allowed and over and under is not allowed. Whips, brads or goads are not allowed. Reins may not be doubled up. Electrical or electronic devices are not allowed. Open bridles are not allowed. Ponies may not be struck except in a sweepstakes when they may be struck with a cap or bare open hand.
On oxen, the use of the goad must be very light. The goad may not have a brad in it, only a plain yoke and chain or pole that may be pulled, except that a rope may be allowed in children's classes as provided in rules adopted pursuant to subsection 8. All chains must be covered to the hook. Plastic goads are not allowed. The goad stick may not be over 4 feet long unless approved by the pull superintendent and may not exceed 12 inch in diameter on the small end. The goad stick may be taped but not weighted. The stick may be used lightly on the face to control the oxen but not around the eyes. [2001, c. 668, §2 (amd).]

H. Any number of helpers is allowed to help hitch. After hitch-on, there may be no more than 2 helpers. The helpers shall stay behind the drag unless needed to help the teamster. The helpers may not have a stick. This paragraph applies to distance pulls only. [2001, c. 421, Pt. B, §4 (new); Pt. C, §1 (aff).]

I. All participants must be properly dressed. Proper language must be used at all times. Any participant under the influence of liquor must be disqualified from the contest. Tests may be made to determine intoxication. The drinking of intoxicating beverages by participants in and around the ring is prohibited. [2001, c. 421, Pt. B, §4 (new); Pt. C, §1 (aff).]

J. The fair association or other sponsor decides the splitting of teams. [2001, c. 421, Pt. B, §4 (new); Pt. C, §1 (aff).]

K. Heading of horses or oxen is not allowed. One inch pulled constitutes a hitch. Stepping over the rail counts as a hitch and 5 minutes are allowed for hitching. Three attempts may be made within that period. Time taken out to position the drag for the next pull may not be counted. Teamsters may not be changed after the first load is pulled. A team deliberately driven over the rail is disqualified from the contest. In case of a tie on the longest distance, the 2nd-longest distances already pulled will take first place. Persons acting as eveners shall remain quiet after hitching on. This paragraph does not apply to distance pulls. [2001, c. 421, Pt. B, §4 (new); Pt. C, §1 (aff).]

L. There may not be heading of horses after a pull starts unless there is a mix-up, snarl or breakdown. [2001, c. 421, Pt. B, §4 (new); Pt. C, §1 (aff).]

M. A substantial barrier must be maintained at the end of the ring toward which the pull is proceeding to prevent or substantially impede runaways. A teamster losing control of the team is disqualified immediately. [2001, c. 421, Pt. B, §4 (new); Pt. C, §1 (aff).]

N. There is 100 pounds tolerance on draft steers and oxen on and after Labor Day weekend. [2001, c. 421, Pt. B, §4 (new); Pt. C, §1 (aff).]

O. An animal that is thin, dehydrated, shows open sores or is lame is disqualified. [2001, c. 421, Pt. B, §4 (new); Pt. C, §1 (aff).]

P. Before a team is allowed to pull, the owner shall provide a certificate of liability insurance in the amount of $300,000. [2001, c. 421, Pt. B, §4 (new); Pt. C, §1 (aff).]

[2001, c. 668, §2 (amd).]

5. Pull superintendent. Each sponsor of a pulling event shall appoint a pull superintendent who is certified by the commissioner under this section. The name of the superintendent must be submitted in conjunction with the application for a permit to conduct each event. Only those listed on the application as superintendent or assistant superintendent may officiate. A superintendent may not officiate as superintendent for a class in a pull event in which that superintendent is participating as a competitor. An assistant superintendent may not officiate as superintendent for a class in a pull event in which that assistant superintendent is participating as a competitor. The Pull Events Commission established pursuant to subsection 6 shall adopt rules for the qualifications required to be a pull superintendent or assistant pull superintendent. Rules must be adopted in accordance with Title 5, chapter 375. [2001, c. 421, Pt. B, §4 (new); Pt. C, §1 (aff).]

6. Pull Events Commission. The Pull Events Commission is established pursuant to this subsection.

A. The Pull Events Commission, as authorized by Title 5, section 12004-G, subsection 3-A, is established to develop rules for the certification of pull superintendents and for actions to be taken in the event of violation of pull laws and rules. [2001, c. 421, Pt. B, §4 (new); Pt. C, §1 (aff).]

B. The Pull Events Commission consists of 9 members:

(1) Two members appointed by a statewide association representing owners of draft horses and oxen who participate in pulling events, one member appointed by an association representing owners of oxen who participate in pulling events and one member appointed by an association representing owners of ponies who participate in pulling events;

(3) One Fair Superintendent appointed by the Maine Association of Agricultural Fairs;

(4) One representative appointed by state humane organizations;

(6) One member, appointed by the commissioner, representing the general public;

(7) One member, appointed by the commissioner, representing the animal pulling industry; and

(8) One member appointed by the Animal Welfare Advisory Council.
[2003, c. 578, §2 (amd).]

C. The Pull Events Commission shall elect one of its members as chair. The chair serves a 2-year term and may not serve as chair for consecutive terms. The commission shall meet a minimum of twice annually. [2001, c. 421, Pt. B, §4 (new); Pt. C, §1 (aff).]

D. Appointments must be for terms of 2 years. The appointing authority fills a vacancy for a full 2-year term. The appointing authority may remove a commission member for cause, which includes poor attendance. The chair shall make recommendations to the appointing authority concerning a removal. [2003, c. 578, §3 (amd).]

E. Commission members may receive expenses but not per diem. [2001, c. 421, Pt. B, §4 (new); Pt. C, §1 (aff).]

F. The commission shall:

(1) Develop qualifications for the certifying of pull superintendents and guidelines for dealing with violations of this section;

(2) Periodically review the rules for pulls as contained in subsection 4 and recommend to the Legislature such changes as necessary;

(3) Hold hearings as required on its rule-making activities and on individual violations. These hearings must be held in accordance with Title 5, chapter 375;

(4) Give advice and recommendations to the commissioner on request or as the commission considers necessary; and

(5) Coordinate, develop and conduct pulling superintendent training seminars.
[2001, c. 421, Pt. B, §4 (new); Pt. C, §1 (aff).]

G. The agricultural fair coordinator from the department shall serve as secretary to the Pull Events Commission. [2003, c. 578, §4 (new).]

[2003, c. 578, §§2-4 (amd).]

7. Enforcement. The superintendent shall enforce the laws and rules governing pull events and shall report participants who are disqualified, violations of the law and other matters, as appropriate, to the Pull Events Commission. The commission shall send a copy of any such report to the sponsor whose name appears on the application for the pulling event and to the person whose conduct has been reported to the commission. Upon receipt of a written report alleging that a teamster has violated the laws or rules governing pulling events, the commission may after a hearing disqualify a teamster from participation in pull events. Upon receipt of a written report alleging that a superintendent or assistant superintendent has violated the laws or rules governing pulling events or has failed to take appropriate action to enforce the laws and rules governing pulling events, the commission may after a hearing suspend or revoke that person's certification to act as a pull superintendent. [2001, c. 668, §4 (amd).]

8. Rules. In accordance with Title 5, chapter 375, and with the advice of the Pull Events Commission, the commissioner may adopt rules necessary to carry out the purposes of this chapter. [2001, c. 421, Pt. B, §4 (new); Pt. C, §1 (aff).]

9. Civil violations. A person, firm, corporation or unincorporated association or society that conducts or causes to be conducted a public or private pulling event between animals or pairs of animals within the State without a permit from the commissioner commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged. A person, firm, corporation or unincorporated association or society that within the previous 5 years has been convicted of a violation of Title 17, section 1031 or has been adjudicated to have committed a civil violation of section 4011, and that participates as an animal owner or handler or in any other capacity, directly or indirectly, in a pulling event required to have a permit pursuant to this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged. [2001, c. 421, Pt. B, §4 (new); Pt. C, §1 (aff).]

10. Permit revocation. A person, firm, corporation or unincorporated association or society required to obtain a permit under this section to conduct a pulling event may not allow, after having received notice from the Department of Agriculture, Food and Rural Resources, a person, firm, corporation or unincorporated association or society that has been convicted within 5 years of violation of Title 17, section 1031, or that has been adjudicated within 5 years to have committed a civil violation of section 4011 to participate as an owner or handler or in any other capacity, directly or indirectly, in a pulling event. A violation of this provision is grounds, upon compliance with appropriate provisions of Title 5, chapter 375, for revocation or nonrenewal of a permit issued under this section. The commissioner may, in accordance with Title 5, chapter 375, revoke a permit when the commissioner has received written notification from the commission of violations of laws or rules at a pulling event conducted under a permit held by that sponsor. The commissioner may decline to issue a permit to a sponsor when the commissioner has received written notification from the commission of violations of laws or rules at a pulling event conducted under a permit held by that sponsor. [2001, c. 668, §4 (amd).]

Section History:
PL 2001,
Ch. 421,
§B4 (NEW).
PL 2001,
Ch. 421,
§C1 (AFF).
PL 2001,
Ch. 668,
§1-4 (AMD).
PL 2003,
Ch. 578,
§2-4 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §75. Pulling events between animals (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 1: ADMINISTRATION
Chapter 3: COUNTY AND LOCAL SOCIETIES

§75. Pulling events between animals (REPEALED)

Section History:
PL 1971,
Ch. 585,
§2 (NEW).
PL 1977,
Ch. 696,
§56 (AMD).
PL 1979,
Ch. 541,
§A45 (AMD).
PL 1987,
Ch. 849,
§2 (RPR).
PL 1989,
Ch. 153,
§ (AMD).
PL 1991,
Ch. 837,
§A15 (AMD).
PL 1993,
Ch. 549,
§1 (AMD).
PL 1995,
Ch. 602,
§3 (AMD).
PL 1999,
Ch. 73,
§1-4 (AMD).
PL 2001,
Ch. 421,
§B3 (RP ).
PL 2001,
Ch. 421,
§C1 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §76. Agricultural Fair Support Fund (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 1: ADMINISTRATION
Chapter 3: COUNTY AND LOCAL SOCIETIES

§76. Agricultural Fair Support Fund (REPEALED)

Section History:
IB 2003,
Ch. 1,
§1 (NEW).
PL 2003,
Ch. 687,
§B1 (RP ).
PL 2003,
Ch. 687,
§B11 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §77. Agricultural Fair Support Fund

Title 7: AGRICULTURE AND ANIMALS
Part 1: ADMINISTRATION
Chapter 3: COUNTY AND LOCAL SOCIETIES

§77. Agricultural Fair Support Fund

1. Fund created. The Treasurer of State shall establish an account to be known as "the Agricultural Fair Support Fund" and shall credit to it all money received for that purpose under Title 8, section 1036, subsection 2, paragraph D. [2003, c. 687, Pt. A, §2 (new); Pt. B, §11 (aff).]

2. Disbursement. No later than January 31st of each year, all funds held as of the end of the previous calendar year in the Agricultural Fair Support Fund must be distributed by the Treasurer of State as follows:

A. Thirty-four percent of these funds must be distributed to all entities licensed by the department, including commercial tracks that during the previous year were licensed to and did accept pari-mutuel wagers on harness horse races and distributed in the manner prescribed in Title 8, section 298; and [2003, c. 687, Pt. A, §2 (new); Pt. B, §11 (aff).]

B. Sixty-six percent of these funds must be divided among all entities licensed as agricultural fairs by the department. These funds must be distributed in the same proportion as funds distributed for premium payments made pursuant to section 64 and may be used at the fairs' discretion. [2003, c. 687, Pt. A, §2 (new); Pt. B, §11 (aff).]

[2003, c. 687, Pt. A, §2 (new); Pt. B, §11 (aff).]

Section History:
PL 2003,
Ch. 687,
§A2 (NEW).
PL 2003,
Ch. 687,
§B11 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007

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