Maine Law

[gypsy2621]

ah but you should have added

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.

Its taken 2 people almost 3 days to find where this was buried in the law.
I am still questioning the wording in bold letters.

 

[stano40]

Maine Revised Statutes

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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).

 

[chickn]

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) .]


please explain this section, is this the out??

 

[TimG]

Quote:
please explain this section, is this the out??

Sure looks that way to me. "y persons with proper facilities" would apply to all of us, I hope, even those who are raising their chickens for other than "agriculture".

 

[chickn]

i know some laws are different in terms of agriculture, poultry falls under that. people who say its a pet, still eat the eggs right. LOL

i for one cant stand reading that stuff, so much is in how you interpret it. how can i make this statement work in my favor!

 

[stano40]

I would like to know if this law pertains or was devised to regulate commercial/dealers only in poultry & not the private citizen.

Sometimes it's hard to get a straight answer from the Maine government.

The usual response from people governing these rulings has usually been, first a quote of the law and then I'll get back to you & see if I can get a ruling.

By then it becomes a moot point due to the time constraints for their boards to meet, argue the points of the law and then pass the decision onto the head of the department. Which can take years for any decision good or bad.

bob

 

[gypsy2621]

Quote:
What this means is:
If you have a place to sell them and they are being sold as livestock * not as Pets* then the rule does not apply.

These swaps fit into the catagory as a farmers market and there fore are not regulated as a *pet* catagory would be.
The Dog catagory underlined is for such as kennels. again a buisness not a pet catagory

The part about games for educational and cultural institutuins means like Penny Sales, Meat Packages raffled offf, the rest of that statute states that no animal can be raffled off with out the animal first serving time in freezer camp. ( frozen)


the usage of the word (construed)

con⋅strue  /v. kənˈstru or, especially Brit., ˈkɒnstru; n. ˈkɒnstru/ Show Spelled Pronunciation [v. kuhn-stroo or, especially Brit., kon-stroo; n. kon-stroo] Show IPA verb, -strued, -stru⋅ing, noun
–verb (used with object) 1. to give the meaning or intention of; explain; interpret.
2. to deduce by inference or interpretation; infer: He construed her intentions from her gestures.
3. to translate, esp. orally.

 

[chickn]

farmers market is a veggie flower etc event, but poultry isnt allowed at the same time. what hoops do farmers markets need to do?

 

[hoppy]

Dr. Hoenig contact info:
Dr. Don Hoenig, State Veterinarian at: 287-3701 or [email protected]
this info is all available online
anyone contacting Dr Hoenig should try to represent this group in a positive light. we want his help.

I have also posted in the new member section (which is probably the wrong place) asking if anyone is a lawyer or paralegal that they could read the law and tell us, does it apply to us or not

 

[gypsy2621]

Quote:
Ah but not under Maine statutes
Under farmers market is is clearly defined with livestock, food,equipment.


The beauty of spending 2 days finding something buried.