is anyone on here a lawyer or paralegal? maine swap question

[hoppy]

we are looking to have a chickenstock in maine and need someone that can read the law and tell us, what does this mean, can we, yes or no, sell chicks less then 8 weeks old and in less then 6 at a time, at swaps.
here is the law as it is written:
(posted on thread:Index » Chickenstocks, Shows & Swaps » Maine Law)


Maine Revised Statutes

* §3972 PDF
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§3971§3981
Title 7: AGRICULTURE AND ANIMALS
Part 9: ANIMAL WELFARE HEADING: PL 1987, C. 383, §3 (NEW)
Chapter 731: MISTREATMENT OF ANIMALS HEADING: PL 1987, C. 383, §3 (NEW)
§3972. Unlawful use of animals

1. Unlawful use of animals. It is unlawful for any person to:

A. Sell, display, raffle, give away or offer for sale within the State any live animals that have been dyed or otherwise artificially colored; [1997, c. 690, §39 (AMD).]

B. Sell, display, raffle, give away or offer for sale to the public any live fowl, turtles or rabbits under 8 weeks of age in lots of less than 6; [1987, c. 383, §3 (NEW).]

C. Use any live animal as a premium, fund-raising device, prize or award or use any live animal in a raffle, contest, game or promotion except as authorized by law or rule; [1997, c. 690, §39 (AMD).]

D. Use any live animal as bait in any racing contest or in the training of animals for racing contests; [1995, c. 144, §1 (AMD).]

E. Tie, tether or restrain any animal in a manner that is inhumane or detrimental to its welfare; or [1995, c. 144, §1 (AMD).]

F. Intentionally cause an equine to fall or lose its balance by any means whatsoever. For the purposes of this paragraph, the term "equine" means, but is not limited to, a horse, mare, pony, ass, donkey, burro, mule or hinny. This paragraph does not apply to the lawful laying down of an equine for medical or identification purposes. [1997, c. 690, §40 (AMD).]
[ 1997, c. 690, §§39, 40 (AMD) .]

2. Violation. . Any person who makes unlawful use of animals contrary to this section commits a civil violation for which a forfeiture not to exceed $100 may be adjudged. For the purposes of this section, "animal" does not include lobsters or shellfish.
[ 1989, c. 342, §2 (AMD) .]

3. Construction. Nothing in this section may be construed to apply to any animal to be used or raised for agriculture, aquaculture or fishing, to any dog to be used or raised for hunting or exhibition purposes, by persons with proper facilities otherwise authorized by law, or to games using animals in which the participating animal is not caused, directly or indirectly, to perform any act that deviates from the animal's natural behavior provided that the game is conducted by an educational or cultural institution or other nonprofit service organization.
[ 1989, c. 342, §2 (AMD) .]

4. Exception. Notwithstanding subsection 1, paragraph C, livestock may be raffled by charitable organizations licensed under Title 17, section 332, subsection 6 for fund-raising purposes. For the purposes of this section, "charitable organization" has the same meaning as defined in Title 9, section 5003, subsection 1. Proceeds from a raffle under this subsection must be used for charitable purposes.
The animal must be awarded in freezer-ready form.
[ 1997, c. 690, §41 (AMD) .]

SECTION HISTORY
1987, c. 383, §3 (NEW). 1989, c. 154, §1 (AMD). 1989, c. 342, §2 (AMD). 1995, c. 144, §§1,2 (AMD). 1997, c. 690, §§39-41 (AMD).

Last edited by stano40 (Today 7:35 am)

 

[CoonX]

Not a lawyer or a paralegal, but have worked for some judges awhile back, and they explained some parts of laws.

Here's what relates to you.

1. Unlawful use of animals. It is unlawful for any person to:

B. Sell, display, raffle, give away or offer for sale to the public any live fowl, turtles or rabbits under 8 weeks of age in lots of less than 6; [1987, c. 383, §3 (NEW).]

Can't sell them as pets. Unless they're in 6+ lots.

3. Construction. Nothing in this section may be construed to apply to any animal to be used or raised for agriculture, aquaculture or fishing, to any dog to be used or raised for hunting or exhibition purposes, by persons with proper facilities otherwise authorized by law, or to games using animals in which the participating animal is not caused, directly or indirectly, to perform any act that deviates from the animal's natural behavior provided that the game is conducted by an educational or cultural institution or other nonprofit service organization.
[ 1989, c. 342, §2 (AMD) .]


If you are selling the chicks for home egg & meat production, you can sell at any age and quantity. As this is construed as agriculture use.

Truthfully, if a person was only buying 1-2 chicks, it could almost be considered as buying it/them as a pet, which would rule out the agriculture use.

If you want to be sure to stay out of any possible trouble, can sell the chicks in 6chick lots, then don't have to worry if they're to be pets or agriculture use

 

[hoppy]

thank you for that clarafication. I don't produce that many chicks at a time that I'd have lots of 6 to sell. not sure what others have. we have to just sell them older.
I certainly would not want to have to buy 6 chicks since I have a whole flock at home. I wonder if there is a way around that because I have an existing flock?as do many people buying at the swaps.

 

[Sonoran Silkies]

Quote:
I disagree with your premise that purchasing on lots of 1 or 2 rules out home egg production. Say you're a family of one or two who use eggs occasionally, purchasing a dozen evern two or thee weeks. You are saying that they aren't entitled to have a couple of hens that would adequately supply their needs because that is too few for an agricultural purpose.

Or say that a family uses more eggs, and their flock of ten gives them exactly the number of eggs they need. But poor ol' Red gets caught by a fox (or the neighbor's dog or ...) You're saying she can't be replaced without replacing the entire flock.


Another part of the law I will also say is ridiculous is the part about raffling of animals for cheritable purposes--that they must be delivered as a carcass. I know that many poultry shows and even club meetings raffle high quality birds that are intended as breeding pairs, not meat. Glad that's not the law where I live (same for purchasing chicks in small lots)!

 

[Poultry Run Farm]

Quote:
Hmmm, so where would showing & breeding fall in there? If you were selling them for that purpose it would probably still fall into this section

3. Construction. Nothing in this section may be construed to apply to any animal to be used or raised for agriculture, aquaculture or fishing, to any dog to be used or raised for hunting or exhibition purposes, by persons with proper facilities otherwise authorized by law, or to games using animals in which the participating animal is not caused, directly or indirectly, to perform any act that deviates from the animal's natural behavior provided that the game is conducted by an educational or cultural institution or other nonprofit service organization.

Because we are breeding and showing it's not their natural behavior because we are controlling that?

My Daughter shows and breeds so most all her hatched chicks are grown out until she can see the quailty she needs for breeding or showing which most are not until they are 4-6 months some longer, so we haven't run into a problem. But now she is getting so she can tell on a very young chick, with toe placement, etc. and those she wouldn't need to grow out and we've just been selling them from home. But thought we might try the swaps too and just want to do it right.

 

[CoonX]

Ok, I'll go in reverse order.
Plus remember I never did say I was a lawyer or paralegal.


Poultry Run Farm, I'm assuming that she shows the poultry at FFA or some other type agriculture show. So that would fall under the agriculture bylaw.
As for selling the culls, could classify the show culls as broiler/fryer/layers?
Or, if you have the room, just hold onto them till they're 8 weeks, then sale as pets.
Truthfully you have me stumped on the culls, especially if the breed is mainly for looks and not for meat or egg production.


Sonoran Silkies, I know that a person may only need 1-2 hens as the sole egg provider or as a replacement. With me, at my current location I would only need 3 layers.
What I'm saying, is that a LEO having a bad day might want to push that the single chicken was sold as a pet. I'm saying to prevent that, a 6bird lot would be a safe way to bypass that.


Hoppy, since you're selling the chicks as layers/broilers/fryers, you should be alright. Just don't sell them as pets, unless they're 8+ weeks.


Got to thinking about this some more, I have a feeling that this law is targeted to the fairs and carnivals that had live animals as prizes.

 

[Sonoran Silkies]

Quote:
I think you are likely right, and I do hope you realize my issue wasn't with you, but at a law that I feel is well intentioned but crafted in ignorance.

As inexpensive as chicks are, I can certainly see someone out for the cute Easter Basket or decor using 6 when they would have been happy with one or two. And quite frankly, the issue is not the people purchasing them--goodness knows our first chicks were Easter Basket chicks--but ensuring that the purchasers have adequate knowledge about their care, access to correct food, and even the ability to return them within a month if they don't work out. Fine those who DO abandon chicks, don't penalize those who aren't part of the problem.

 

[BigPeep]

I am a lawyer but not in your state. I am also a former county and township planning commisioner.

Bearing that in mind that I am not licensed in your state, I would say that acording to your statutue, so long as the birds are to be used for an agricultural purpose and the person selling and receiving them have proper facitlities, you could do whatever you want.

To be on the safe side, I would consult with a lawyer in your state. Remember, "Free legal advice is worth what you pay for it."

 

[hoppy]

thank you for all your help. we are trying to do this as cheap as possible so we can host a chicken stock with out getting in problems with the state and the minimum number thing. I personally would not want to buy 6 chicks each time, that really adds up when I already have chickens at home, coop is only so big.