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Title 7 - §1801. Reportable diseases

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1801. Reportable diseases

The commissioner shall, by rule adopted in a manner consistent with the Maine Administrative Procedure Act, determine which diseases or pathogens must be classified as "reportable." The form of transmissible spongiform encephalopathy known as chronic wasting disease is reportable. It is a violation of this chapter for any owner, agent of any owner, veterinarian or other person having knowledge of the existence of such disease or pathogen or the exposure of domestic animals to such disease or pathogen not to properly report the existence of such disease or pathogen or exposure of domestic animals to the department immediately after knowledge of such disease or pathogen or exposure of domestic animals to such disease or pathogen. [2001, c. 572, §32 (rpr).] div>
It is a violation of this chapter for any person to cause a domestic animal to be driven, trucked or otherwise moved intrastate or interstate when that person has knowledge that the animal is infected with or has been exposed to a reportable disease or pathogen. It is a violation of this chapter for any person to cause a domestic animal to be driven, trucked or otherwise moved intrastate or interstate when that person has knowledge that the animal has been treated with a vaccine or other substance that might make that animal capable of spreading a reportable disease or pathogen among susceptible domestic animals. A domestic animal infected with or exposed to a reportable disease or pathogen may be moved only under the direction of the commissioner. [2001, c. 572, §32 (rpr).]

Section History:
PL 1971,
Ch. 594,
§7 (AMD).
PL 1977,
Ch. 694,
§122 (AMD).
PL 1999,
Ch. 765,
§6 (AMD).
PL 2001,
Ch. 572,
§32 (RPR).
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Office of the Revisor of Statutes
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Augusta, Maine 04333-0007Title 7 - §1802. Condemnation of diseased animals

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1802. Condemnation of diseased animals

The commissioner may, when he deems it necessary, condemn and take possession of diseased or exposed domestic animals, or domestic animals suspected of being diseased or exposed, for diagnostic purposes, and may pay the owner for the same, health, condition and market value being considered. This condemnation shall not be considered licensing or an adjudicatory proceeding, as defined by the Maine Administrative Procedure Act. [1977, c. 694, § 123 (new).]

Section History:
PL 1977,
Ch. 694,
§123 (AMD).
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Augusta, Maine 04333-0007Title 7 - §1803. Transportation of diseased animals

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1803. Transportation of diseased animals

It is a violation of this chapter for a person to cause a domestic animal to be driven, trucked or otherwise moved into the State when that person has knowledge that the animal is infected with or has been exposed to any contagious disease or to a pathogen that is classified as a reportable pathogen under section 1801. [2001, c. 572, §33 (rpr).]

Section History:
PL 2001,
Ch. 572,
§33 (RPR).
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Augusta, Maine 04333-0007Title 7 - §1804. Transportation of certain poultry prohibited (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1804. Transportation of certain poultry prohibited (REPEALED)

Section History:
PL 1969,
Ch. 33,
§ (AMD).
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Augusta, Maine 04333-0007Title 7 - §1805. Securing animals for treatment

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1805. Securing animals for treatment

It is a violation of this chapter for an owner of domestic animals or that owner's agent to refuse or neglect to secure and restrain domestic animals to be tested, vaccinated, branded or tattooed to indicate vaccination or infection status, or otherwise treated as the commissioner may direct. [2001, c. 572, §34 (amd).] div>
The commissioner may require proper disinfecting by the owner of stables and premises where condemned diseased domestic animals are found and may withhold indemnity until satisfied that proper cleaning and disinfecting of premises have been completed. [2001, c. 572, §34 (amd).]

Section History:
PL 2001,
Ch. 572,
§34 (AMD).
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Augusta, Maine 04333-0007Title 7 - §1806-A. Restrictions of sales

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1806-A. Restrictions of sales

The commissioner may restrict the sale of milk or milk products in the State from any herd of any species having any reportable disease or exposed to a reportable pathogen that may be transmitted in milk or milk products. A livestock product or byproduct may not be sold or offered for sale from any herd having a reportable disease or exposed to a reportable pathogen that may be transmitted in those products. [2001, c. 572, §35 (new).]

Section History:
PL 2001,
Ch. 572,
§35 (NEW).
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Augusta, Maine 04333-0007Title 7 - §1806. Disease control notifications

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1806. Disease control notifications

It is a violation of this chapter to tamper with, remove or alter eartags, labels, placards or notices affixed or posted by the commissioner to notify of and assist in the control of disease. [2001, c. 572, §34 (amd).]

Section History:
PL 2001,
Ch. 572,
§34 (AMD).
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Augusta, Maine 04333-0007Title 7 - §1807. Illegal vaccinations

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1807. Illegal vaccinations

1. Brucellosis vaccine. A person other than a licensed veterinarian may not vaccinate cattle with brucellosis vaccine. A licensed veterinarian may not vaccinate cattle with brucellosis vaccine unless:

A. The vaccine used has been approved by the commissioner; and [2001, c. 572, §36 (new).]

B. The vaccine is administered to the animal at the age recommended by the manufacturer of the vaccine or determined by the commissioner. [2001, c. 572, §36 (new).]

[2001, c. 572, §36 (new).]

2. Prohibition on certain vaccines. The commissioner may prohibit a vaccination because the use of the vaccine being administered might cause the presumption that an actual disease or pathogen is present in the State. [2001, c. 572, §36 (new).]

3. Commissioner's discretion to vaccinate. Notwithstanding subsection 2, the commissioner may authorize any vaccination necessary to control an outbreak of a disease or to diminish the threat of an outbreak of a disease. [2001, c. 572, §36 (new).]

Section History:
PL 1973,
Ch. 42,
§1 (AMD).
PL 1981,
Ch. 197,
§1 (AMD).
PL 2001,
Ch. 572,
§36 (RPR).
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Augusta, Maine 04333-0007Title 7 - §1808-A. Direct purchase of rabies vaccine

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1808-A. Direct purchase of rabies vaccine

A veterinarian licensed in this State may sell rabies vaccine to a person who owns cattle, sheep, goats or cervids as defined in section 1333. A veterinarian who sells rabies vaccine in accordance with this section is not, as a result of selling the vaccine, liable for claims arising from the administration of the vaccine by the purchaser. [2003, c. 386, §15 (amd).] div>
An animal vaccinated against rabies by a person who is not a licensed veterinarian or under the direct supervision of a licensed veterinarian may not be certified as vaccinated against rabies and must be treated as an unvaccinated animal under Title 22, chapter 251, subchapter 5 and rules adopted pursuant to that chapter. [2001, c. 308, §1 (new).]

Section History:
PL 2001,
Ch. 308,
§1 (NEW).
PL 2003,
Ch. 386,
§15 (AMD).
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Augusta, Maine 04333-0007Title 7 - §1808. Sale, distribution and use of certain biologics

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1808. Sale, distribution and use of certain biologics

A biological product capable of eliciting an immunological response offered for use in the treatment or prevention of diseases of domestic animals may not be produced, sold, distributed, imported or used within the State, or imported into the State for sale, distribution or use unless approval and written permission has first been obtained from the commissioner. The commissioner has the right to refuse permission for distribution, sale, importation or use of any such product within the State, and may require reporting of sale, distribution, importation or use of any such product within the State, if permission is granted. [2001, c. 572, §37 (amd).] div>
An antigen used for diagnostic purposes in domestic animals may not be produced in or shipped into the State without the approval of the commissioner. [2001, c. 572, §37 (amd).] div>
A person except a licensed veterinarian may not offer for sale or distribution, within the State, any biological product containing living organisms or viruses offered for use in the treatment or prevention of diseases of domestic animals, without first obtaining a permit to act as a salesperson or distributor from the department. [2001, c. 572, §37 (amd).] div>
The commissioner shall, in a manner consistent with the Maine Administrative Procedure Act, adopt rules as to refrigeration, handling, shipping, disposing of outdated material and sale of such products. [2001, c. 572, §37 (amd).] div>
Failure to comply with this section or section 1807, or the rules adopted pursuant thereto, is grounds for revocation of any permit granted pursuant to these sections. [2003, c. 510, Pt. A, §4 (amd).]

Section History:
PL 1967,
Ch. 204,
§ (AMD).
PL 1971,
Ch. 594,
§8 (AMD).
PL 1977,
Ch. 694,
§124,125 (AMD).
PL 1993,
Ch. 367,
§1 (AMD).
PL 1999,
Ch. 547,
§B78 (AMD).
PL 1999,
Ch. 547,
§B80 (AFF).
PL 2001,
Ch. 572,
§37 (AMD).
PL 2003,
Ch. 510,
§A4 (AMD).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 7 - §1809. Permits for state entry

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1809. Permits for state entry

1. Permit required. The commissioner may require a person who imports animals into the State to obtain a permit before the time of entry. When a permit is required, the permit or permit number must accompany the shipment. The commissioner may refuse to grant a permit or may issue one subject to quarantine at destination if the animals do not meet importation requirements or do not comply with the inland fisheries and wildlife laws and rules adopted by the Commissioner of Inland Fisheries and Wildlife under Title 12, chapter 915, subchapter 15 or Title 12, section 12102 or 12704. The commissioner may require the owner to have those animals tested or examined by a veterinarian at the owner's expense. The commissioner may release those animals from quarantine only after the commissioner is satisfied that they are not a disease threat to other animals or humans. When an animal is brought into the State without a required permit, the commissioner or the Commissioner of Inland Fisheries and Wildlife may condemn the animal and order it euthanized without indemnity. [2005, c. 397, Pt. B, §3 (amd).]

2. Rules. The commissioner shall adopt rules to establish importation requirements necessary to maintain the health of domestic animals. The commissioner, in consultation with the Commissioner of Inland Fisheries and Wildlife, shall maintain a list of animals for which a permit is required prior to entering the State. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. [2001, c. 572, §38 (new).]

Section History:
PL 1973,
Ch. 121,
§ (RPR).
PL 1973,
Ch. 625,
§40 (AMD).
PL 1975,
Ch. 236,
§1,2 (AMD).
PL 1977,
Ch. 694,
§126 (AMD).
PL 1999,
Ch. 765,
§7 (AMD).
PL 2001,
Ch. 572,
§38 (RPR).
PL 2005,
Ch. 397,
§B3 (AMD).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1810. Agreement

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1810. Agreement

The commissioner is authorized to enter into agreements of cooperation in the name of the State with the United States Department of Agriculture, other states, the Canadian Food Inspection Agency and Canadian provinces for the prevention, control and eradication of diseases among domestic animals. [2001, c. 572, §39 (amd).]

Section History:
PL 2001,
Ch. 572,
§39 (AMD).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 7 - §1811. Health requirements for exhibit animals

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1811. Health requirements for exhibit animals

All domestic animals that are to be shown or exhibited in any agricultural show within the State must meet the health requirements of the rules of the commissioner. [2001, c. 572, §39 (amd).]

Section History:
PL 2001,
Ch. 572,
§39 (AMD).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 7 - §1812-A. Brucellosis in swine

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1812-A. Brucellosis in swine

The commissioner shall, in a manner consistent with the Maine Administrative Procedure Act, formulate and implement rules for the prevention, control and eradication of brucellosis in swine. Where infection has been found, all swine must be quarantined to the premises until all swine in the infected herd are in compliance with rules or may be slaughtered as the commissioner may direct. [2001, c. 572, §43 (rpr).]

Section History:
PL 1967,
Ch. 182,
§ (NEW).
PL 1977,
Ch. 694,
§128 (AMD).
PL 2001,
Ch. 572,
§43 (RPR).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1812. Brucellosis

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1812. Brucellosis

The commissioner shall, in a manner consistent with the Maine Administrative Procedure Act, Title 5, chapter 375, formulate and implement rules, regulations and methods of procedure generally adopted for the prevention, control and eradication of brucellosis. [1981, c. 197, §2 (amd).] div>
Female cattle brought into the State may enter without having been vaccinated for brucellosis, provided they are imported from brucellosis-free states and countries. In order to import female cattle over 120 days of age from class A and B states as defined in the 9 Code of Federal Regulations, Part 78, those cattle must be vaccinated for brucellosis before entering the State. [1987, c. 446, § 2 (rpr).] div>
For the prevention and control of brucellosis, the commissioner shall continue to conduct recognized tests on all the herds in the State as required to maintain United States Department of Agriculture certification that the State is free of brucellosis. Such tests must be conducted by regularly employed federal or state veterinarians or technicians or authorized veterinarians and tested by the state laboratory. All animals showing a positive reaction to the test must be identified by a "reactor" ear tag and brand and must be slaughtered, except vaccinated animals under 14 months of age. [2001, c. 572, §40 (amd).] div>
Officially vaccinated calves, if purebred, must be properly identified by an official ear tag provided by the department or registration papers or tattoo number. Grade animals must be tagged with an official ear tag. All officially vaccinated calves must be tattooed with the official state tattoo mark. Evidence of vaccination must be the official state tattoo mark and either a vaccination ear tag or a tattoo number. [2001, c. 572, §41 (amd).] div>
The commissioner shall establish rules in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, establishing fees to cover costs of obtaining, storing and distributing vaccine to accredited veterinarians and defining approved sources and procedures to regulate the use of this vaccine. The fees accrue to a nonlapsing dedicated account to be used for obtaining, storing and distributing vaccine. [2001, c. 572, §42 (amd).] div>
Any person who tampers, with an intent to change or destroy, with a vaccination identification ear tag, official state tattoo mark, tattoo number or the identification on a registration paper shall be subject to a civil penalty of $5,000 for each incident, payable to the State, to be recovered in a civil action. [1981, c. 197, §2 (new).] div>
For the purpose of this section, the term "officially vaccinated" means a vaccination against brucellosis that complies with the requirements for such vaccination established by the United States Department of Agriculture. [1981, c. 197, §2 (new).]

Section History:
PL 1973,
Ch. 42,
§2 (AMD).
PL 1977,
Ch. 694,
§127 (AMD).
PL 1981,
Ch. 197,
§2 (AMD).
PL 1985,
Ch. 545,
§ (AMD).
PL 1987,
Ch. 446,
§1,2 (AMD).
PL 2001,
Ch. 572,
§40-42 (AMD).
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State House Room 108
Augusta, Maine 04333-0007Title 7 - §1813. Vesicular exanthema -- Definitions

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1813. Vesicular exanthema -- Definitions

As used in sections 1813 to 1815, unless the context otherwise indicates, the following terms shall have the following meanings. [1979, c. 541, Pt. A, §69 (amd).]

1. Garbage. "Garbage" means all waste material derived in whole or in part from the meat of any animal, including fish and poultry, or other animal material and other refuse of any character whatsoever that has been associated with any such material resulting from the handling, preparation, cooking or consumption of food, except that "garbage" does not include waste from ordinary household operations that is fed directly to swine on the same premises where such a household is located. [2001, c. 572, §44 (rpr).]

2. Person. "Person" shall mean the State, any municipality, political subdivision, institution, public or private corporation, individual, partnership or other entity.

Section History:
PL 1979,
Ch. 541,
§A69 (AMD).
PL 2001,
Ch. 572,
§44 (AMD).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1814-A. License to feed garbage

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1814-A. License to feed garbage

1. License required. A person may not feed garbage to swine without first procuring a license from the commissioner. A license may be procured annually for a fee of $25 and must be renewed on the first day of June of each succeeding year. This section does not apply to any person who feeds that person's own household garbage only to swine that are raised for that person's own use. [2001, c. 572, §46 (new).]

2. Processing of garbage. Regardless of previous processing, garbage must be thoroughly heated to at least 212 degrees Fahrenheit for at least 30 minutes before being fed to swine unless treated in some other manner that must be approved in writing by the commissioner. [2001, c. 572, §46 (new).]

3. Moratorium authorized. When a disease condition exists that may be spread by the feeding of garbage, the commissioner may immediately suspend all garbage feeding licenses and place a moratorium on all garbage feeding in the State. [2001, c. 572, §46 (new).]

4. Enforcement. The commissioner may enter at reasonable times any private or public property to investigate conditions relating to the treating or feeding of garbage. [2001, c. 572, §46 (new).]

5. Penalties. Feeding garbage to swine without a license is a civil violation for which a forfeiture of not less than $250 nor more than $500 for an initial violation and not less than $500 nor more than $1,000 for a subsequent violation may be adjudged. [2001, c. 572, §46 (new).]
div>
Feeding garbage to swine during a moratorium imposed by the commissioner is a civil violation for which a penalty of not more than $5,000 may be adjudged. [2001, c. 572, §46 (new).]

Section History:
PL 2001,
Ch. 572,
§46 (NEW).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 7 - §1814. -- license to feed garbage (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1814. -- license to feed garbage (REPEALED)

Section History:
PL 1979,
Ch. 541,
§A70 (AMD).
PL 2001,
Ch. 572,
§45 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1815. -- disposal of infected animals

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1815. -- disposal of infected animals

Any animal infected with or exposed to foot and mouth disease shall be killed, buried, destroyed, rendered, processed or otherwise disposed of under the direct supervision of the commissioner or his duly authorized agent.
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 7 - §1816. Tests and equipment

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1816. Tests and equipment

The commissioner or his agent is authorized to conduct approved diagnostic tests, procure necessary animals, personnel, equipment and facilities and take other necessary precautions for the suppression and eradication of any disease among domestic animals.
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007Title 7 - §1817. Disposition of carcasses (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1817. Disposition of carcasses (REPEALED)

Section History:
PL 2001,
Ch. 572,
§47 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1818. Disposal of dead poultry

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1818. Disposal of dead poultry

The owner, occupant or person in possession of any premises wherein poultry or poultry products are raised for sale or processing shall maintain, or have access to, adequate disposal facilities for the sanitary disposal of dead poultry resulting from such poultry operations, and all poultry dying on such premises shall be disposed of by means of such disposal facilities. Such facilities shall be constructed and maintained in accordance with standards and regulations to be promulgated by the commissioner in a manner consistent with the Maine Administrative Procedure Act. [1977, c. 694, § 129 (amd).] div>
It shall be illegal to keep or deposit any dead poultry on any premises or places where wild birds or animals have access to them. Public or private dumps are not considered to be proper disposal areas.

Section History:
PL 1977,
Ch. 694,
§129 (AMD).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1819. Equine infectious anemia (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1819. Equine infectious anemia (REPEALED)

Section History:
PL 1973,
Ch. 74,
§ (NEW).
PL 1977,
Ch. 409,
§1 (RP ).
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 7 - §1820-A. Equine infectious anemia

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1820-A. Equine infectious anemia

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

A. "Official test" means any test approved by the commissioner for the detection of equine infectious anemia. "Official test" includes, but is not limited to, the enzyme-linked immunosorbent assay, or ELISA test, and the agar gel immunodiffusion, AGID, or Coggins test. [2001, c. 572, §49 (new).]

B. "Quarantine" means to confine an equine to a stable or pasture in a manner that will prevent the spread of equine infectious anemia. [2001, c. 572, §49 (new).]

[2001, c. 572, §49 (new).]

2. Duties of commissioner. The commissioner shall:

A. Require a negative Coggins test, taken within 36 months, on all equines raced on, exhibited at or stabled at racetracks or fairgrounds. The commissioner shall require a negative test from all equines entering this State within 12 months before the date of entry and may require any equines to be tested prior to entering the State. Any equine not tested or required by the commissioner to be tested prior to entering this State must be quarantined until tested at the owner's expense; [2003, c. 386, §16 (amd).]

B. Require that any equine having a positive test be immediately quarantined and isolated from other equines pending a 2nd test done by a state veterinarian; and [2001, c. 572, §49 (new).]

C. Require that all other equines on the premises where an equine has tested positive remain on the premises pending an investigation and testing as the commissioner determines necessary. [2001, c. 572, §49 (new).]

[2003, c. 386, §16 (amd).]

3. Disposition of reactors. Any equine that has a positive 2nd test pursuant to subsection 2 must be considered a reactor. A reactor must be:

A. Humanely euthanized within 7 days of the 2nd test. Euthanasia must be performed by a licensed veterinarian or as the commissioner directs. A veterinarian euthanizing a reactor shall report the euthanasia to the commissioner within 2 working days; [2001, c. 572, §49 (new).]

B. Freeze branded with a brand with an "11 EIA" no less than 4 inches in height on the left side of the neck and shipped directly to a United States Department of Agriculture slaughter facility under a federal order; or [2001, c. 572, §49 (new).]

C. Freeze branded with a brand with an "11 EIA" no less than 4 inches in height on the left side of the neck and permanently quarantined and isolated from all other equines. The reactor must be kept a minimum of 14 mile from the nearest paddock, pasture or barn having an equine species or may be kept within 14 mile if the reactor is immediately placed and kept at all times in a screened-in enclosure acceptable to the commissioner. [2001, c. 572, §49 (new).]

[2001, c. 572, §49 (new).]

4. Surcharge. A person submitting a sample to the department for an official test for equine infectious anemia shall pay a surcharge of $4 for each sample tested by the department. The commissioner shall collect the surcharge and deposit all money received under this subsection into the animal welfare auxiliary fund established under section 3906-B, subsection 16. All revenue collected pursuant to this subsection must be used for investigating alleged cases of mistreatment or abuse of equines and enhancing enforcement of this Part and Title 17, chapter 42 as these laws pertain to equines. [2005, c. 281, §2 (new).]

Section History:
PL 2001,
Ch. 572,
§49 (NEW).
PL 2003,
Ch. 386,
§16 (AMD).
PL 2005,
Ch. 281,
§2 (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 - §1820. Equine infectious anemia (REPEALED)

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1820. Equine infectious anemia (REPEALED)

Section History:
PL 1977,
Ch. 409,
§2 (NEW).
PL 1981,
Ch. 21,
§1,2 (AMD).
PL 2001,
Ch. 572,
§48 (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 - §1821. Maine chronic wasting disease surveillance program

Title 7: AGRICULTURE AND ANIMALS
Part 4: LIVESTOCK DISEASE CONTROL
Chapter 305: ERADICATION OF DISEASES

§1821. Maine chronic wasting disease surveillance program

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

A. "Chronic wasting disease" means any member of the family of transmissible spongiform encephalopathies to which cervids, as defined in section 1333, are susceptible. [2003, c. 386, §17 (amd).]

B. "Susceptible animal" means any animal, whether domestic or wild, belonging to a species that is capable or believed to be capable of contracting chronic wasting disease. [1999, c. 765, §8 (new).]

[2003, c. 386, §17 (amd).]

2. Powers of commissioner. The commissioner may prohibit the importation of a susceptible animal from a region, state or country where chronic wasting disease has been confirmed. [2003, c. 386, §17 (amd).]

3. Prevention of chronic wasting disease. The commissioner shall monitor reports of confirmed cases of chronic wasting disease and communicate the contents of those reports to people involved in the production, care or management of susceptible animals. The commissioner shall monitor progress in the development of diagnostic tests and vaccinations for the disease and communicate the availability of tests and vaccines to people involved in the production, care or management of susceptible animals. [2003, c. 386, §17 (amd).]

4. Maine chronic wasting disease surveillance program; rules. The commissioner shall develop a chronic wasting disease surveillance program. The commissioner, in consultation with the Commissioner of Inland Fisheries and Wildlife, shall adopt rules to establish the requirements for participation in the program. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [2003, c. 386, §17 (new).]

Section History:
PL 1999,
Ch. 765,
§8 (NEW).
PL 2003,
Ch. 386,
§17 (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 04333-0007

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