Maine Amends Rules Governing the Sale of Dogs and Cats and the Importation of Dogs and Cats for Resale or Adoption
Jan 2008
By Christina Perkins
Out of a concern that canine and feline diseases, previously absent or rare in the state, may be occurring in Maine in increasing numbers, the Maine Department of Agriculture, Division of Animal Health and Industry proposed changes last year to the rules governing the sale of dogs and cats and the importation of dogs and cats for resale or adoption.
A public hearing was held July 16 and the public had opportunity to submit comments on the proposed rules until July 25 in accordance with Maine Administrative Procedure Act. The department also sent out a survey to the veterinary community to address problems that may be surfacing. The department reviewed the comments and has published the final version of the rules, which took effect November 25.
The new rules include a number of changes, but most importantly, the applicability of the rules were changed to include dogs and cats brought into Maine for adoption and created separate minimum holding periods for those six months or younger and those over six months of age.
A summary of the rules, including the amendments, are as follows:
- Anyone importing dogs and/or cats into Maine for resale or adoption must obtain a permit from the Maine Department of Agriculture before the time of entry. The permit must accompany the animal(s) during shipping.
- The application for the permit is available from the Maine Department of Agriculture, Division of Animal Health and Industry upon request. It must be completed and returned to the department before a permit may be issued.
- The person(s) who received the permit is required to submit quarterly statements or a copy of all invoices to the department stating the number, type and destination of dogs and/or cats purchased or accepted for resale or adoption in Maine.
- A new permit may be issued each fiscal year (July 1 through June 30).
- If a disease problem exists on the premises of the permit holder and it requires immediate action for the protection of public health and safety, a permit may be suspended for up to 90 days without an administrative hearing. Further administrative action may be taken in accordance with Maine’s Administrative Procedure Act.
- If the department finds that a dog and/or cat brought into the state for resale or adoption does not have a health status satisfactory to the department, it can require that the animal(s) be examined by an accredited veterinarian at the owner’s expense, and it may require that the animal(s) be quarantined until the department is satisfied that the animal(s) does not pose a threat to animals or humans in Maine.
- Dogs and cats that are brought into Maine for resale or adoption in violation of these rules and without a permit may be “condemned” by the department and euthanized without indemnity (reimbursement) to the owner(s).
- Dogs and cats brought into Maine for resale or adoption must be accompanied by an office Certificate of Veterinary Inspection issued by an accredited veterinarian and a copy must be sent to the department. The certificate is valid for 30 days from the date of issue.
- The required vaccinations must be given no less than 14 days before entry into the state and the animal must be current on all required vaccinations. Evidence of the vaccinations must accompany the animal(s). Dogs must have been tested for heartworm, Lyme disease and canine ehrlichosis and results must be noted on the Certificate of Veterinary Inspection. A list of required vaccinations for each species in listed in the rules.
- Any dog or cat must be at least 56 days of age before it can be imported into Maine for resale or adoption, or before it can be sold or adopted within the state.
- Dogs and cats sold in the state must be accompanied by a health record, which indicates the dates and types of vaccinations administered.
- Holding period before resale or adoption: Dogs and cats six months of age or younger must be retained by the importer for five days in a structure that meets the minimum standards as required by the Animal Welfare Rules, Section I, and that is not in violation of 7 M.R.S.A. Chapter 739 (Cruelty to Animals).
- Holding period before resale or adoption: Dogs and cats older than six months must be retained by the importer for at least 48 hours in a structure that meets the minimum standard as required by the Animal Welfare Rules, Section I and that is not in violation of 7 M.R.S.A. Chapter 739 (Cruelty to Animals).
- If any dog or cat exhibits signs of any infectious, contagious, parasitic or communicable disease, the animal must be isolated and immediately examined by a veterinarian. Any animal diagnosed with any infections, contagious, parasitic or communicable disease must be isolated and treated as directed by the veterinarian and not be sold until declared healthy by the veterinarian.
- Any dog or cat that has been exposed to an infected animal must be quarantined, under veterinarian or state veterinarian direction, if necessary and held until determined healthy by the veterinarian.
The summary is provided for information only and should not be relied upon to ensure or determine compliance with the rules. Any questions about the rules or compliance with them should be directed to the Maine Department of Agriculture, Division of Animal Health and Industry.
The complete text of the new rules is available on the State of Maine’s website at www.maine.gov/sos/cec/rules/01/001/001c216.doc.
Christina Perkins serves as a Maine Friends of Animals board member and focuses her efforts on state legislation. She serves on the Animal Welfare Advisory Council representing state-based animal advocacy groups and practices real estate law, estate planning and elder law in the firm of Fellows, Kee, Tymoczko & Pierson, LLC in Bucksport and has a special interest in animal law.
