01-001 C.M.R. ch. 205
1. The Statutory Authority for the Poultry Disease Control Fund is found in 7 M.R.S.A. §§ 1756-1757.
2. Chapter 205 establishes the rules governing the Poultry Disease Control Fund.
A. The legislation authorizing the Poultry Disease Control Fund was established in 1984 during a serious outbreak of Avian Influenza in the United States. B. An Avian Influenza Task Force was formed and as one of the actions the committee recommended the establishment of the Poultry Disease Control Fund. C. During the outbreak the poultry industry agreed to contribute, if necessary, up to $100,000 to the Fund and Governor Joseph-Brennan agreed to contribute, if necessary, up to $100,000 from the Governor's contingency fund. D. The task force assumed that the maximum of $200,000 in the fund was adequate to depopulate and dispose of the initial infected flock and to indemnify the flock owner should an outbreak have occurred in Maine prior to a federal emergency being declared in the state. E. The Task Force assumed that the Governor's contribution would be used for initial expenses but that the Industry and Governor's contribution would be shared equally up to the maximum of $200,000. F. If further outbreaks occurred beyond the initial outbreak, the Task Force assumed that a federal emergency would be declared and therefore that federal funding would be used to depopulate and dispose of the poultry and to indemnify producers. G. Although the Poultry Disease Control Fund was developed during the Avian Influenza crisis, the intent of the Task Force was that the Poultry Disease Control Fund be used during any emergency caused by any poultry disease.
A. Upon discovery of any significant threat of contagious or infectious disease and after consultation with appropriate industry organizations, the Commissioner may levy an
assessment from flock owners.
B. The assessment from flock owners as well as monies appropriated by the Legislature for the purpose described in Section II and from other public and private sources shall be credited to the Poultry Disease Control Fund.
A. The Poultry Disease Control Fund may be used to detect, prevent, control and eradicate any contagious or infectious poultry disease within the state.
A. Upon discovery or suspicion of a significant threat of any contagious or infectious disease to poultry in the state, the Commissioner or his designee will direct that specimens from the flock(s) be sent to one or more state approved laboratories. B. The laboratories will make a tentative diagnosis of the disease by usual lesions, serological tests and isolation of the causative disease agent by using standard diagnostic methods. C. Confirmation of the disease will be made at the National Animal Disease Laboratory (NADL) in Ames, Iowa. D. After consultation with appropriate industry organizations, the Commissioner or his designee will initiate appropriate disease control measures as prescribed by the State Veterinarian including destruction if deemed necessary.
A. After consultation with appropriate industry organization and subject to paragraph B, the Commissioner will levy an assessment to owners of commercial poultry flocks within the state of 34 per bird for (replacement) pullet flocks, breeder flocks, and laying flocks and 1/24 per bird for meat type birds based upon average inventory for the previous 12 months. Where the Commissioner determines that a greater or lesser amount of assessment is appropriate to meet current contingencies, he shall so establish such amount by rulemaking. B. The total assessment levied to the poultry flock owners shall not exceed $100,000 and no single poultry flock owner shall be assessed more than 25% of the total assessment or more than $25,000, whichever is the smaller amount, as specified in 7 M.R.S.A. §1757.
A. After consultation with appropriate industry organizations, the Commissioner may indemnify from the Poultry Disease Control Fund owners of flocks destroyed because of a contagious and infectious diseases.
B. In accordance with 7 M.R.S.A. §§ 1756-7, the amount of indemnification will be established by a State or Federal appraiser at the time of eradication of the poultry flock.
C. Subject to the limitations set forth in 7 M.R.S.A. §§ 1756-7, the amount of indemnity to be paid will be based upon fair market value based upon the following: number, age, type of poultry flock and current value of the flock type.
D. The combined value of salvage plus state indemnity and federal indemnity cannot exceed the amount of the appraisal.
E. Should the flock owner disagree with the appraisal, he may have a hearing before the Commissioner or his designee. Any request for a hearing shall be in writing and shall be made within 10 days following receipt of the appraisal. Such hearing shall be an adjudicatory hearing under the Maine Administrative Procedure Act.
A. When, in the judgment of the commissioner, the threat of a contagious or infectious poultry disease entering into the State and the spread to other farms no longer exists and no state or federal poultry quarantine is in effect in the State, he may direct that monies remaining in the Poultry Disease Control Fund revert to contributors on a pro rata basis according to the amount of contributions made since the establishment of the fund or since the most recent reversion of the fund, whichever has last occurred (Sec. 2, 7 M.R.S.A. §1757).
A. Assessments authorized under section V may be recovered in a civil action. In addition, any person who violates any of these rules shall be subject to a civil penalty not to exceed $1,000. (Sec. 2, 7 M.R.S.A. §1757).
EFFECTIVE DATE:
April 5, 1985
EFFECTIVE DATE (ELECTRONIC CONVERSION):
May 4, 1996
CONVERTED TO MS WORD:
May 13, 2008
CORRECTIONS:
February, 2014 – agency names, formatting