Maine

Summary: In 2021, Maine amended its divorce laws to allow a judge to consider other factors in awarding ownership of companion animals to one party. These factors include things like (1) the well-being and basic daily needs of the companion animal; (2) the amount of time each party has spent with the companion animal during the marriage tending to the companion animal; the ability of a party to continue to own, support and provide adequate care for the companion animal; (3) the emotional attachment of a party to the companion animal; (4) the emotional attachment of any child in the household to the companion animal and the benefit to the child of the companion animal's remaining in the primary residence of the child; (5) any domestic violence between the parties or in the household of the parties; and (6) any history of animal abuse or other unsafe conditions for the companion animal.

Summary: This 2023 law states that a landlord may also require, as a condition of tenancy, that the tenant allow the landlord to enter the rental unit in the case of an emergency when the welfare of the animal is at risk to determine whether the animal has been abandoned or is in need of care. If the landlord determines that a tenant with an animal has vacated the premises or is unable to care for the animal due to death or disability, the landlord may contact a person authorized by the tenant, a humane agent, an animal control officer or an animal shelter to pick up and care for the animal.

Summary: This Maine law, enacted in 2021, provides that a manufacturer may not sell or offer to sell in the State a cosmetic if the cosmetic was developed or manufactured using cosmetic animal testing that was conducted or contracted for by the manufacturer or any supplier of the manufacturer on or after November 1, 2021. A "cosmetic" is defined as "[a]n article intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or any part of the body for cleansing, beautifying, promoting attractiveness or altering the appearance," excluding soap. Exemptions include non-US based cosmetics with evidence that the product was not derived from testing, products or ingredients regulated under the FDA, and those products where there is nonanimal alternative method or strategy recognized by any federal or state agency.

Summary: This Maine law gives immunity from damages to an emergency medical services person, a security services dog handler or a law enforcement officer who voluntarily, without the expectation of monetary or other compensation, renders first aid, emergency treatment or rescue assistance to a law enforcement dog, search and rescue dog or service dog that is unconscious, ill, injured or in need of rescue assistance unless it is established that the injury or the death was caused willfully, wantonly or recklessly or by gross negligence on the part of the emergency medical services person, security services dog handler or law enforcement officer.

Summary: This Maine statute relates to mandatory reporting of suspected child abuse or neglect and permissive reporting of suspected animal abuse or neglect. With regard to animal-related issues, subsection (1)(A)(29) requires a humane agent employed by the Department of Agriculture, Conservation and Forestry to report suspected child abuse or neglect as outlined in the statute. Subsection (1-A) makes an animal control officer (as defined in Title 7, section 3907, subsection 4) a "permitted reporter" who may report to the department when that person knows or has reasonable cause to suspect that a child has been or is likely to be abused or neglected. Finally, subsection (6) allows all the described reporters in subsection (1) to be permissive reporters of suspected animal cruelty, abuse, or neglect. These individuals may report a reasonable suspicion of animal cruelty, abuse or neglect to the local animal control officer or to the animal welfare program of the Department of Agriculture, Conservation and Forestry.

Summary: This Maine case is an appeal of a divorce proceeding where one party argues the court erred in awarding the parties' dogs to another. In 2017, Suan Colucci filed a complaint for divorce against her husband, Stephen Colucci. In 2019, the court entered a judgment granting the divorce and awarded both dogs “set aside to [Susan] as her exclusive property.” On appeal by Stephen, this court found that undisputed evidence established that "Louise" the dog was acquired five years before marriage, and thus, was nonmarital property. Because no evidence was presented to which of the parties actually acquired Louise in 2010, the judgment was vacated and remanded for further proceedings to determine ownership of Louise.

Summary: This Maine law regulates the transporting of dogs in open vehicles (like pick-up trucks or convertibles). Under the law, a person driving an open vehicle may not transport a dog in the open portion of that vehicle on a public way unless the dog is protected in a manner that prevents the dog from falling or jumping or being thrown from the vehicle. The law excludes transportation of a dog by a farmer engaged in agricultural activities involving the dog or a hunting dog that is between transported between hunting sites by a licensed hunter.

Summary: This Maine statute states that a person may not intentionally kill, injure or molest a wild animal or wild bird with a Motor vehicle, Motorboat, or Aircraft. A person who violates the statute commits a Class E crime.

Summary: This Maine statute lists the mandated reporters in the state who must immediately report known or suspected abuse, neglect, or exploitation, of an incapacitated or dependent adult. The statute also allows permissive reporting of animal cruelty, abuse, or neglect and allows animal control officers to make reports when necessary.

Summary: Subsection 1-C prohibits hunting via the Internet and the operation of Internet hunting services located within the state of Maine. A person who violates this section commits a Class E crime.