LIVESTOCK DISEASE CONTROL

M.G.L. pt. Part I, tit. Title XIX, ch. c. 129

in effect

M.G.L. c. 129, § 1 Definitions

c. 129, § 1. Definitions Section 1. The following words as used in this chapter, unless the context otherwise requires, shall have the following meanings: ''Agents'', employees of the division of animal health in the department of food and agriculture especially designated as agents by the director. ''Contagious disease'', such disease as is recognized by the United States department of agriculture, animal health division, to be contagious or infectious. ''Director'', director of animal health. ''Division'', the division of animal health of the department of food and agriculture. ''Domestic animals'', all animals including poultry that are kept or harbored as domesticated animals. Poultry as used in this section shall include chickens, roosters, capons, hens, turkeys, pigeons, guinea fowl, and ducks and geese other than wild species. ''Guard Dog Business'', the business of furnishing, whether by lease or sale, dogs trained as guard dogs to protect life or property, or of training such guard dogs. ''Hearing dog'', a dog that has completed a program of professional training to aid deaf and hearing impaired individuals whenever such dog is professionally trained by a person engaged in the hearing dog business to aid the deaf and actually being used for such purpose, or a dog owned by a person engaged in the hearing dog business within the commonwealth during the period such dog is being trained or bred for such purpose. ''Hearing dog business'', the business of furnishing, whether by lease, sale or otherwise, dogs trained as hearing dogs, or of training such hearing dogs. ''Inspector'', inspector of animals appointed under section fifteen or sixteen. ''Pet shop'', every place or premise where birds, mammals or reptiles are kept for the purpose of sale at either wholesale or retail, import, export, barter, exchange or gift.

M.G.L. c. 129, § 2 Powers and duties of director; orders

c. 129, § 2. Powers and duties of director; orders Section 2. The director may make and enforce reasonable orders, rules and regulations relative to the following: the sanitary condition of neat cattle, other ruminants and swine and of places where such animals are kept; the prevention, suppression and extirpation of contagious diseases of domestic animals; the establishing of disease-free herds of cattle and the issuing of certificates in connection therewith; the inspection, examination, quarantine, care and treatment or destruction of domestic animals affected with or which have been exposed to contagious disease, the burial or other disposal of their carcasses, and the cleansing and disinfection of places where contagion exists or has existed. No rules or regulations shall take effect until approved by the governor and council.

M.G.L. c. 129, § 3 Records of inspectors; forms

c. 129, § 3. Records of inspectors; forms Section 3. The director shall make and prescribe forms for records of inspectors, certificates of examination, notices and orders of quarantine, notices and orders for killing and burial, and for returns of inspectors required by this chapter.

M.G.L. c. 129, § 4 Certification of documents by clerk

c. 129, § 4. Certification of documents by clerk Section 4. The director may designate an employee of the division as clerk who shall keep the records of the division, shall certify copies of such records or of any order, rule or regulation issued by the director, and shall make any certificates of issuing, recording, delivering or publishing of orders required under this chapter.

M.G.L. c. 129, § 5 Entry of orders, rules and regulations on records; publication

c. 129, § 5. Entry of orders, rules and regulations on records; publication Section 5. All orders, rules and regulations made by the director shall be entered on the records of his division and a copy thereof shall be sent to each inspector in the town to which the orders, rules or regulations apply, and shall be published by such inspector in the manner prescribed by the order, rule or regulation.

M.G.L. c. 129, § 6 Aid to director and inspectors by sheriffs, constables and police officers

c. 129, § 6. Aid to director and inspectors by sheriffs, constables and police officers Section 6. Sheriffs, constables and police officers shall upon request of the director or an inspector assist him in the performance of his duties and shall have the same powers and protection, while so engaged, as peace officers.

M.G.L. c. 129, § 7 Entry on premises

c. 129, § 7. Entry on premises Section 7. For the purpose of inspecting or examining animals or the places where they are kept, the director, any of his agents or an inspector, duly qualified, may enter any building or part thereof or any enclosure or other place, and may examine or inspect such animals or places. Whoever prevents, obstructs or interferes with such director, agent, inspector or other person having like authority in the performance of any of his duties, or whoever hinders, obstructs or interferes with his making such inspection or examination, or whoever secretes or removes any animal, for the purpose of preventing it from being inspected or examined, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than two months, or both.

M.G.L. c. 129, § 8 Hospitals and quarantine stations

c. 129, § 8. Hospitals and quarantine stations Section 8. The director may establish hospitals or quarantine stations, with proper accommodations, wherein, under prescribed regulations, animals selected by him may be confined and treated for the purpose of determining the characteristics of a specific contagion and the methods by which it may be disseminated or destroyed, and he may direct inspectors to enforce and carry into effect all regulations made from time to time for that purpose.

M.G.L. c. 129, § 9 Massachusetts Society for the Prevention of Cruelty to Animals; Animal Rescue League of Boston; agents; powers and duties

c. 129, § 9. Massachusetts Society for the Prevention of Cruelty to Animals; Animal Rescue League of Boston; agents; powers and duties Section 9. The agents of the Massachusetts Society for the Prevention of Cruelty to Animals and the agents of the Animal Rescue League of Boston may visit all places at which neat cattle, horses, mules, sheep, swine or other animals are delivered for transportation or are slaughtered, any pet shop where animals, birds, fish or reptiles are sold, or exhibited, or for sale, any guard dog business, any hearing dog business and any stable where horses are kept for hire or boarded for a fee, or any licensed kennel where animals are boarded for a fee or any animal dealer licensed with the United States Department of Agriculture, for the purpose of preventing violations of any law and of detecting and punishing the same and such agents shall have the power to prosecute any such violation coming to their notice. Records of inspection made under authority of this section shall be filed with the office of the division of animal health, within the department of agriculture no later than three months after such inspection. Any person who prevents, obstructs or interferes with any such agent in the performance of such duties shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than two months, or both.

M.G.L. c. 129, § 10 Examination of persons under oath; mandatory attendance and testimony of witnesses

c. 129, § 10. Examination of persons under oath; mandatory attendance and testimony of witnesses Section 10. The director may examine on oath all persons who are believed to possess knowledge of material facts relative to the existence or dissemination, or danger of dissemination, of contagious diseases among domestic animals, or relative to any other matter within the provisions of this chapter, and, for the purposes of this chapter, shall have all the powers vested in justices of the peace by chapters two hundred and twenty-two and two hundred and thirty-three to take depositions, to compel witnesses to attend and testify before him and to administer oaths. Witnesses shall receive the same fees for attendance and travel as witnesses before the courts. The expense of procuring the attendance of such witnesses shall be paid by the commonwealth. Copies of the records of the division, or of any order, rule or regulation issued by the director, if duly certified by the clerk, and any certificate by the clerk of the issuing, recording, delivering or publishing of such orders, rules or regulations under this chapter, shall be competent evidence of such fact in any tribunal.

M.G.L. c. 129, § 11 Isolation or destruction of diseased animals; post mortem examination

c. 129, § 11. Isolation or destruction of diseased animals; post mortem examination Section 11. If the director, or one of his agents, by examination of a case of contagious disease of domestic animals, except foot and mouth disease, is of opinion that the public good so requires, he shall cause the diseased animal to be securely isolated or to be killed without appraisal or payment. An order for killing shall be issued in writing by the director, may be directed to an inspector or other person, and shall contain such direction as to the examination and disposal of the carcass and the cleansing and disinfection of the premises where such animal was condemned as the director considers expedient. A reasonable amount may be paid from the treasury of the commonwealth for the expense of such killing and burial. If thereafter it appears, upon post mortem examination or otherwise, that such animal was free from the disease for which it was condemned, an appraisal of such animal shall be made and the amount of appraisal value therefor shall be paid to the owner by the commonwealth, except as otherwise provided in section fourteen relative to foot and mouth disease.

M.G.L. c. 129, § 13A Destruction of animals affected with scrapie; partial compensation

c. 129, § 13A. Destruction of animals affected with scrapie; partial compensation Section 13A. All sheep and other domestic animals which are affected with, or have been exposed to, scrapie shall be destroyed when, in the opinion of the director, the public good so requires, and their carcasses shall be buried or otherwise disposed of. An order for killing and for the disposal of carcasses shall be issued in writing by said director, and may be directed to an agent, inspector or other person. The director may appoint persons to make appraisals on live stock, the destruction of which is ordered under this section, and fifty per cent of the full value of such live stock, as determined by the appraisal, may be paid from the annual appropriation for the extermination of contagious diseases among domestic animals. If the federal government appropriates monies for payment of a certain portion of the value of any animals destroyed under this section, the amount of payment by the commonwealth for such animals shall be limited to the difference between such federal payment plus the net salvage received by the owner, and the full value as herein determined, which amount shall not exceed fifty per cent of such value.

M.G.L. c. 129, § 14 Destruction of animals affected with foot and mouth disease; disinfection or destruction of buildings

c. 129, § 14. Destruction of animals affected with foot and mouth disease; disinfection or destruction of buildings Section 14. All neat cattle and other domestic animals, which are affected with, or have been exposed to, foot and mouth disease, shall be destroyed when, in the opinion of the director, the public good so requires, and their carcasses shall be buried or otherwise disposed of. An order for killing and for the disposal of carcasses shall be issued in writing by said director, and may be directed to an agent, an inspector, or other person. The said director shall also issue such directions for the cleansing and disinfection of buildings, premises and places in which foot and mouth disease exists or has existed, and of property which may be on or contained therein, as in his opinion may be necessary or expedient. Any property on such premises which may be, in the opinion of the director or of his agents, a source of contagion may be destroyed by order of the director. The necessary expenses incurred in carrying out this section may be paid from the annual appropriation for the extermination of contagious diseases among domestic animals. The director may appoint persons to make appraisals on live stock and other property the destruction of which is ordered under this section, and fifty per cent of the full value of such live stock and other property, as determined by the appraisal, may be paid from the annual appropriation aforesaid. If the United States government makes an appropriation for payment of a certain portion of the value of any animals and property destroyed under this section, the payment by the commonwealth for such animals or property shall be limited to the difference between such portion and the full value thereof determined as herein provided, which shall not be in excess of fifty per cent of such value.

M.G.L. c. 129, § 14A Quarantine or destruction of animals affected with vesicular stomatitis or vesicular exanthema

c. 129, § 14A. Quarantine or destruction of animals affected with vesicular stomatitis or vesicular exanthema Section 14A. All domestic animals which are affected with vesicular stomatitis, or vesicular exanthema, as determined by the director, shall be quarantined. Animals which are affected with vesicular exanthema, as determined by the director, shall be slaughtered at a slaughtering establishment under federal supervision and the products of such animals shall be processed. Animals affected with vesicular stomatitis shall be disposed of as the director directs. All such animals, either too small, or too young, to be of value commercially as meat, shall be disposed of as the director directs. The director shall make such rules and regulations in respect to the importation into the commonwealth of such animals or products therefrom as he may deem necessary. The director shall also issue such directions for the cleansing and disinfection of buildings, premises and places in which vesicular stomatitis or vesicular exanthema exists, or has existed, and of property which may be on or contained therein, as in his opinion may be necessary or expedient, and no such buildings, premises, places and property shall be again used for the raising, care or maintenance of such animals until so authorized by the director in writing. No rules or regulations shall take effect until approved by the governor and council.

M.G.L. c. 129, § 14B Feeding garbage to swine

c. 129, § 14B. Feeding garbage to swine Section 14B. The word ''garbage'' means any meat waste, or meat waste combined with any other food waste, resulting from handling, preparation, cooking and consumption of foods, including animal carcasses or parts thereof. The word ''person'' means the state, any municipality, political subdivision, institution, public or private corporation, individual, partnership, or other entity, except that it shall not mean a person who feeds garbage to swine which are raised for such person's own use. No person shall feed garbage to swine without first securing a permit therefor from the director. Such permits shall be secured before January first, nineteen hundred and fifty-four, and shall be renewed on the first day of January of each year thereafter. Any person desiring to obtain a permit to feed garbage to swine shall make written application therefor to the director in accordance with the requirements of the division of animal health. At the time of filing such application the applicant shall pay to the division of animal health a permit fee, the amount of which shall be determined annually by the commissioner of administration under the provisions of section three B of chapter seven for the filing thereof. Upon determination that any person having a permit issued under this section, or who has applied for a permit hereunder, has violated or failed to comply with any of the provisions of this section, or any of the rules and regulations promulgated thereunder, the director, subject to the approval of the commissioner of agriculture, may revoke such permit or refuse to issue a permit to an applicant therefor. On and after January first, nineteen hundred and fifty-four, all garbage, regardless of previous processing, shall, before being fed to swine, be thoroughly heated to at least 212° F for at least thirty minutes, unless treated in some other manner which shall be approved in writing by the director as being equally effective. The director shall cause the premises of all permit holders to be inspected semi-monthly for the purpose of carrying out the provisions of this and the preceding sections. Any authorized representative of the division of animal health shall have the power to enter at reasonable times upon any private or public property for the purposes of inspection and investigating conditions relating to the treating of garbage to be fed to swine as required by this section. Any authorized representative of the division of animal health may examine any records or memoranda pertaining to the feeding of garbage to swine. The division of animal health may require maintenance of records relating to the operation of equipment for and procedure of treating garbage to be fed to swine. Copies of such records shall be submitted to the division of animal health on request.

M.G.L. c. 129, § 14C Hog cholera; slaughtering of hogs; payment to owners

c. 129, § 14C. Hog cholera; slaughtering of hogs; payment to owners Section 14C. All hogs which are affected with, or have been exposed to, hog cholera, shall be quarantined and appraised by an appraiser of the division of animal health in the department of food and agriculture, hereinafter called the division, or an appraiser appointed by the United States Department of Agriculture, animal health division. Any such hogs as the director of the division may determine shall be slaughtered and their carcasses shall be disposed of in such manner as said director may determine. The commonwealth shall pay to the owner of such hogs so slaughtered one half of their value as determined by said appraisal, but not to exceed fifty dollars for a purebred and forty dollars for a grade, said payment to be made from the amounts appropriated therefor; provided, however, that if the federal government undertakes to pay part of the cost of any hogs destroyed, as provided in this section, the payment by the commonwealth shall be limited to the difference between the payment authorized by the federal government and the payment hereinbefore provided. No payment shall be made as herein provided unless the director has determined that the owner or his representative has not, in the opinion of the director, by wilful act or neglect, contributed to the spread of hog cholera. All determinations of value made under this act shall be at fair market value.

M.G.L. c. 129, § 14D Hogs affected with brucellosis; quarantine and testing

c. 129, § 14D. Hogs affected with brucellosis; quarantine and testing Section 14D. All hogs which are affected with, or have been exposed to brucellosis shall be quarantined and tested by the director or his agent, or by an agent of the animal health division of the United States department of agriculture. The director may, in his discretion, slaughter any such hogs and their carcasses shall be disposed of in such manner as he may determine. No person shall transport hogs into the commonwealth until said hogs have been inspected and passed as healthy. Said inspection shall include certification of a negative brucellosis test within thirty days of importation into the commonwealth and a certificate of health by a veterinarian inspector of the animal health division of the United States department of agriculture or a veterinarian of the state of origin, authorized by said state and approved by said animal health division.

M.G.L. c. 129, § 14E Breeding, feeder or slaughter swine imported into commonwealth

c. 129, § 14E. Breeding, feeder or slaughter swine imported into commonwealth Section 14E. All breeding swine imported into the commonwealth shall enter directly from a qualified-free herd, as indicated by a health certificate, and shall be negative to a serum neutralization test for pseudorabies conducted within thirty days prior to entry. Said entering swine shall be kept in isolation upon entry and be retested for pseudorabies between thirty and sixty days post entry. Feeder or slaughter swine entering the commonwealth shall originate from such qualified-free herd and shall be held at first destination until consigned to slaughter. If first destination is the premise of a licensed swine dealer, said feeder swine may be resold for feeding and slaughter only upon individual identification and permit from the division of animal health. No swine shall be transported into the commonwealth if such swine had previously been pseudorabies vaccinated.

M.G.L. c. 129, § 15 Inspector of animals; appointment

c. 129, § 15. Inspector of animals; appointment Section 15. The city manager in cities having a plan D or plan E charter, the mayor in all other cities, except Boston, the town manager in towns having a town manager form of government and the selectmen in all other towns shall annually, in March, nominate one or more inspectors of animals, and before April first shall send to the director the name, address and occupation of each nominee. Such nominee shall not be appointed until approved by the director. In a town which has a board of health and accepts this paragraph, the nomination of such inspectors shall be made by the board of health and not by the selectmen or town manager.

M.G.L. c. 129, § 16 Refusal or neglect of town to appoint inspector; appointment by director

c. 129, § 16. Refusal or neglect of town to appoint inspector; appointment by director Section 16. A town shall, for each refusal or neglect of its officers to comply with the requirements of the preceding section, forfeit not more than five hundred dollars. The director may appoint one or more inspectors for such town, and may remove an inspector who refuses or neglects to be sworn or who, in the opinion of the director, does not properly perform the duties of his office and may appoint another inspector for the residue of his term.

M.G.L. c. 129, § 17 Oath of inspectors; compensation; reimbursement of towns

c. 129, § 17. Oath of inspectors; compensation; reimbursement of towns Section 17. Each inspector shall be sworn to the faithful performance of his official duties, and shall receive from the town for which he is appointed reasonable compensation, if appointed by the town, or such compensation as shall be fixed by the director, but not in excess of five hundred dollars a year, if appointed by the director. Towns having a valuation of less than two and one half million dollars shall be reimbursed by the commonwealth, upon certificate of the selectmen, approved by the director, for one half of such compensation, not exceeding two hundred and fifty dollars for each inspector in any one year.

M.G.L. c. 129, § 18 Duties of inspectors; training; enforcement

c. 129, § 18. Duties of inspectors; training; enforcement Section 18. (a) Each inspector shall comply with and enforce all orders and regulations as directed by the director. (b) The director shall establish mandatory training programs for all municipal animal inspectors. Such training shall be designed to ensure that inspections are conducted on a consistent basis and that inspectors are educated on matters including, but not limited to, animal health and welfare. Each municipal animal inspector shall complete such training not more than 90 days after appointment and every 2 years thereafter. The director may require additional training for animal inspectors as needed. (c) An inspector who refuses or neglects to comply with this section shall be punished by a fine of not more than $500.

M.G.L. c. 129, § 19 Inspections of domestic animals

c. 129, § 19. Inspections of domestic animals Section 19. Inspectors shall make regular and thorough inspections of all neat cattle, sheep and swine found within the limits of their respective towns. Such inspections shall be made at such times and in such manner as the director shall from time to time order. They shall also from time to time make inspections of all other domestic animals within the limits of their respective towns if they know, or have reason to suspect, that such animals are affected with or have been exposed to any contagious disease, and they shall immediately inspect all domestic animals and any place where any such animals are kept whenever directed so to do by the director; but this section shall not apply to the inspection of sheep or swine slaughtered in wholesale slaughtering establishments, or to the obtaining of a license for the slaughtering of such sheep or swine.

M.G.L. c. 129, § 20 Certificate of healthy condition

c. 129, § 20. Certificate of healthy condition Section 20. An inspector who is satisfied, upon an examination of any neat cattle, sheep or swine, that they are free from contagious disease, shall deliver to the owner or to the person in charge thereof a written certificate of their condition, in such form as the director shall prescribe, signed by the inspector, and shall enter a copy of said certificate upon his records.

M.G.L. c. 129, § 21 Quarantine of diseased animals; notice or order; records

c. 129, § 21. Quarantine of diseased animals; notice or order; records Section 21. An inspector who, upon an examination of a domestic animal, suspects, or has reason to believe, that it is affected with a contagious disease shall immediately cause it to be quarantined or isolated for at least ten days upon the premises of the owner or of the person in whose charge it is found, or in such other place as he may designate, and shall take such other sanitary measures to prevent the spread of such disease as may be necessary or as shall be prescribed by any order or regulation of the director. He shall also deliver to the owner or person in charge of such animal, or to any person having an interest therein, a written notice or order of quarantine signed by him, in such form as the director shall prescribe, and shall enter a copy of said notice upon his records.

M.G.L. c. 129, § 22 Service of notice or order of quarantine; return; evidence

c. 129, § 22. Service of notice or order of quarantine; return; evidence Section 22. Such notice or order may be served by an inspector or officer qualified to serve civil process, by delivery in hand to, or leaving at the last and usual place of abode of, the owner or person having an interest in or in charge of the animal concerned, or by posting upon the premises where said animal is quarantined or isolated. A copy thereof, with the return of said officer or inspector thereon that such service has been made, shall be competent evidence in any court that such quarantine has been imposed. If an animal has been so quarantined, it shall remain in quarantine until the further order of the director.

M.G.L. c. 129, § 22A Dogs owned by police departments or agencies

c. 129, § 22A. Dogs owned by police departments or agencies Section 22A. The provisions of sections twenty-one and twenty-two shall not apply to dogs owned by police departments or police agencies of the commonwealth or any of its political subdivisions when such dogs are under the direct supervision, care and control of a police officer, have been vaccinated as provided in section one hundred and forty-five B of chapter one hundred and forty, and are subject to routine veterinary care.

M.G.L. c. 129, § 23 Examination of buildings; report

c. 129, § 23. Examination of buildings; report Section 23. Inspectors shall, in addition to their inspections of animals for contagious diseases, examine the places in which neat cattle are kept, with reference to their situation, cleanliness, light, ventilation and water supply, and the general condition and cleanliness of the said neat cattle, and shall make a detailed report, with names and residences of owners, to the director.

M.G.L. c. 129, § 24 Notice of quarantine

c. 129, § 24. Notice of quarantine Section 24. An inspector who has caused a domestic animal to be quarantined, as provided in section twenty-one, shall immediately give a written notice thereof, with a copy of the order of quarantine, to the director, and shall give such information to no other person.

M.G.L. c. 129, § 25 Records of inspectors of animals; returns

c. 129, § 25. Records of inspectors of animals; returns Section 25. Each inspector shall keep a record of all inspections made of animals pursuant to this chapter. The director shall provide forms in any manner, electronic format or medium necessary to implement this section, including any forms or records to be utilized and kept by inspectors; provided, however, that such forms and records shall be retained for at least 10 years in an electronic database implemented and maintained by the director.

M.G.L. c. 129, § 26 Application of chapter to inspectors in Boston

c. 129, § 26. Application of chapter to inspectors in Boston Section 26. The provisions of this chapter relative to the duties of inspectors shall apply to persons officially performing the functions of inspectors in Boston.

M.G.L. c. 129, § 26A Shipping cattle into commonwealth without inspection; certificate of health

c. 129, § 26A. Shipping cattle into commonwealth without inspection; certificate of health Section 26A. Whoever ships, drives or transports into the commonwealth cattle to be used for dairy purposes, unless they have been inspected or passed as healthy by a veterinary inspector of the United States department of agriculture, animal health division, or a veterinarian of the state of origin authorized by the state and approved by said animal health division and are accompanied by a certificate of health approved by the proper livestock officials of the state of origin stating that each such animal six months of age or over was negative to an agglutination blood test for Bangs' abortion disease applied in accordance with rules and regulations made by the director and approved by the governor, shall be punished by a fine of not more than two hundred dollars.

M.G.L. c. 129, § 26B Hatching eggs; baby chicks or live poultry; restriction on sale, transportation or importation

c. 129, § 26B. Hatching eggs; baby chicks or live poultry; restriction on sale, transportation or importation Section 26B. No person shall buy, sell or transport within or import into the commonwealth hatching eggs, baby chicks or live poultry, except poultry intended for immediate slaughter or for exhibition subject to permit granted by the state department of agriculture, unless such hatching eggs are the produce of flocks which meet, and such baby chicks or live poultry meet or are the first generation progeny of flocks which meet, the minimum requirements for ''pullorum passed'' or ''pullorum clean'' grades of poultry, as established by the commissioner of agriculture, or the equivalent thereof. Whoever, himself or by his servant or agent, violates any provision of this section shall be punished for the first offence by a fine of not more than one hundred dollars, and for a subsequent offence by a fine of not less than fifty nor more than two hundred dollars.

M.G.L. c. 129, § 27 Seizure, quarantine and destruction of imported diseased animals

c. 129, § 27. Seizure, quarantine and destruction of imported diseased animals Section 27. Animals brought into this commonwealth from places which in the opinion of the director are infected, may be seized and quarantined by the director at the expense of their owners or consignees, so long as the public safety requires; and, if in his opinion safety so requires, he may cause such animals to be killed without appraisal or payment.

M.G.L. c. 129, § 28 Notice of contagious disease to director

c. 129, § 28. Notice of contagious disease to director Section 28. The board of health of a town, any member or agent thereof or any other person who has knowledge of or reason to suspect the existence of any contagious disease among any domestic animals in the commonwealth, or that any domestic animal is affected with a contagious disease, whether such knowledge is obtained by personal examination or otherwise, shall immediately give written notice thereof to the director, or to an inspector for the town where the animal is kept. Whoever fails to give such notice shall be punished by a fine of not more than one hundred dollars. Upon the receipt of such notice by said inspector, he shall proceed as provided in sections twenty-one, twenty-two, twenty-four and twenty-nine. Upon receipt of such notice by the director he shall inspect or cause his agent to inspect such animal, and thereafter shall proceed as provided in section eleven or fourteen, as the case may be.

M.G.L. c. 129, § 29 Expense of quarantine

c. 129, § 29. Expense of quarantine Section 29. If animals have been quarantined, collected or isolated upon the premises of the owner or of the person in possession of them at the time such quarantine is imposed, the expense thereof shall be paid by such owner or person; but if specific animals have been quarantined or isolated under section eight or twenty-one for more than ten days upon such premises, as suspected of being affected with a contagious disease, and the owner is forbidden to sell any of the product thereof for food, or if animals have been quarantined, collected or isolated on any premises other than those of such owner or person in possession thereof, the expense of such quarantine shall be paid by the commonwealth, except that, in the case of any animal quarantined for biting or scratching a person, the expense of such quarantine shall be paid by the county in which the injury was inflicted.

M.G.L. c. 129, § 30 Effect of quarantine; release; violation of quarantine; penalty

c. 129, § 30. Effect of quarantine; release; violation of quarantine; penalty Section 30. An animal which has been quarantined or isolated by order of the director or of his agent, or of an inspector, shall, during the continuance of such quarantine or isolation, be deemed to be affected with a contagious disease. Whenever an animal has been released from quarantine by order of the director the same animal shall not again be quarantined or isolated by an inspector during the period of thirty days immediately following such release except upon order of the director. Whoever knowingly breaks or authorizes or causes to be broken a quarantine so imposed, or whoever, contrary to such order of quarantine or isolation, knowingly removes an animal or authorizes or causes it to be removed from a building, place or enclosure where it is quarantined or isolated, or whoever, contrary to an order or notice of quarantine, knowingly places or causes or authorizes to be placed any other animals within a building, place or enclosure where an animal is quarantined, or in contact therewith, or whoever knowingly conceals, sells, removes or transports, or knowingly causes or authorizes to be concealed, sold, removed or transported, an animal, knowing or having reasonable cause to believe that it is affected with a contagious disease, or whoever knowingly authorizes or permits such animal to go at large upon any public way within the commonwealth, or whoever knowingly brings or authorizes or permits to be brought from another country, state, district or territory into this commonwealth, an animal which is affected with or has been exposed to a contagious disease, or whoever disobeys a lawful order or regulation of the director or of any of his agents or of inspectors in the performance of their duty under this chapter, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year, or both.

M.G.L. c. 129, § 31 Damages; arbitration; petition for assessment of damages

c. 129, § 31. Damages; arbitration; petition for assessment of damages Section 31. If an owner is entitled to compensation for the killing of an animal or the destruction of other property under this chapter, and cannot agree with the director as to its value, the director and the owner may each select an arbitrator, and if the owner neglects or refuses to select an arbitrator within twenty-four hours after notice that the director has selected one, the arbitrator selected by the director may select another. In each case if the two arbitrators cannot agree as to the value, they may select a third. The arbitrators shall be sworn to the faithful performance of their duties and shall determine the value within the limits provided by sections eleven to fourteen, inclusive, and the amount so fixed shall be paid to the owner. If the owner's right to compensation is in dispute, if either party prefers to submit the amount of damages to judicial determination, or if the award of the arbitrators is unsatisfactory to either party, the owner or the director may, within thirty days after the killing of such animal or the destruction of such property, or, if arbitrators have been appointed, within thirty days after the date of their award, file a petition for the assessment of damages in the superior court for Suffolk county or for the county where the killing or destruction occurred. A copy of the petition shall be served upon the adverse party. If upon such petition it appears that the owner is entitled by law to compensation, the damages shall be assessed under chapter seventy-nine within the limits provided by sections eleven to fourteen, inclusive, of this chapter. The damages, costs and expenses incurred by the director in prosecuting or defending the petition shall be paid by the commonwealth.

M.G.L. c. 129, § 31A Shipping or delivering tuberculin within commonwealth; statement as to use; application to common carriers

c. 129, § 31A. Shipping or delivering tuberculin within commonwealth; statement as to use; application to common carriers Section 31A. Every person who, himself or by his servant or agent, ships from a place within the commonwealth or otherwise delivers any tuberculin to a person within the commonwealth shall forthwith file with the director a written statement containing the name and address of the person to whom the same was shipped or delivered as aforesaid and the quantity thereof. Every person receiving tuberculin for use in connection with domestic animals shall forthwith after such use file with the director a written statement containing the name and address of the person whose cattle have been tested with such tuberculin and of the person from whom the same was received, together with records of said test upon blanks furnished by the director. Whoever violates any provision of this section shall be punished for the first offence by a fine of not less than twenty-five nor more than one hundred dollars and for a subsequent offence by a fine of not less than fifty nor more than five hundred dollars. This section shall not apply to common carriers, their servants or agents.

M.G.L. c. 129, § 32 Use of tuberculin as diagnostic agent; tests

c. 129, § 32. Use of tuberculin as diagnostic agent; tests Section 32. Tuberculin as a diagnostic agent for the detection of tuberculosis in domestic animals shall be used only upon cattle brought into the commonwealth and upon cattle in quarantine stations; but it may be used as such diagnostic agent on any animal in any other part of the commonwealth, with the written consent of the owner or person in possession thereof, and upon animals which have been reported as tuberculous upon physical examination by a competent veterinary surgeon, and also as provided in section thirty-three B. Such tests by the use of tuberculin shall be made without charge to citizens of the commonwealth, and in all other cases the expense of such tests shall be paid by the owner of such animals or by the person in possession thereof.

M.G.L. c. 129, § 33 Compensation for animals reacting to tuberculin test; appraisals

c. 129, § 33. Compensation for animals reacting to tuberculin test; appraisals Section 33. Except as otherwise provided, a person who has animals tested with tuberculin shall not be entitled to compensation from the commonwealth for any animals which react to the tuberculin test unless they have been tested by the director or qualified veterinarians acting under his authorization and have been owned and kept by the owner applying for the test on the premises where tested for a period of not less than sixty days next prior to the date of said test or have been admitted to the herd on a test approved by the director. The director may prescribe rules and regulations for the inspection of cattle by the application of the tuberculin test and for the segregation, sale or slaughter of reacting animals; but no inspection by the application of such test shall be made unless an agreement has previously been entered into for such inspection and application with the owner of the animals, except as provided in section thirty-three B. If, in the opinion of the director, any of the animals react to the test and are slaughtered in consequence thereof, the owner shall be reimbursed by the commonwealth in the manner hereinafter provided. The director may appoint persons to make appraisals of reacting cattle in conjunction with the owner or his authorized representative. Such appraisal shall be subject to the rights of arbitration and petition set forth in section thirty-one; provided, that the award or damages shall be within the limits prescribed by this section. The commonwealth shall, within thirty days after the filing in the office of the director of a valid claim for reimbursement in pursuance of such an appraisal or of an award under section thirty-one, pay to the owner of any animal slaughtered under authority of any rules or regulations made hereunder, or to any mortgagee or assignee designated in writing by said owner, two thirds of the difference between the amount received by the owner for the carcass of the animal and the value of the animal as determined by appraisal as aforesaid; provided, that payment by the commonwealth hereunder shall not exceed two hundred dollars for any grade animal or two hundred and fifty dollars for any pure-bred animal; and provided, further, that no payment shall be made for any animal if, since the previous test, the owner or his representative has violated the rules and regulations made hereunder; and provided, further, that the owner or his representative has not unlawfully or improperly obtained or attempted to obtain reimbursement for any animal; and provided, further, that the owner or his representative has not, in the opinion of the director, by wilful act or neglect, contributed to the spread of bovine tuberculosis. If the federal government undertakes to pay part of the cost of any animal destroyed, as provided in this section, the payment by the commonwealth shall be limited to the difference between the payment authorized by the federal government and the payment hereinbefore provided.

M.G.L. c. 129, § 33A Identification of reacting bovine animals; removal of tag; disposition of tagged animals

c. 129, § 33A. Identification of reacting bovine animals; removal of tag; disposition of tagged animals Section 33A. Any bovine animal which reacts to a tuberculin test shall immediately be tagged for identification by the veterinarian, who has applied such test, by inserting into the external ear of the reacting animal a special metal tag provided by the director. Any person who removes any such tag attached as above provided, or who in any way disposes of any animal which has reacted to a tuberculin test except for the purpose of immediate slaughter, or who neglects or refuses to have slaughtered a reacting animal sold to him for that purpose, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days.

M.G.L. c. 129, § 33B Declaration of quarantine areas; tuberculin tests of bovine animals; modified accredited areas; violation of terms of quarantine

c. 129, § 33B. Declaration of quarantine areas; tuberculin tests of bovine animals; modified accredited areas; violation of terms of quarantine Section 33B. The director may, upon application to him by not less than seventy-five per cent of the cattle owners owning cattle permanently kept in any city or town, or upon like application by the owners of eighty-five per cent of such cattle, declare said city or town a quarantine area and may proceed to test by the tuberculin test or otherwise all bovine animals within said area. Whenever not less than eighty-five per cent of the cattle permanently kept in the commonwealth are being tested for bovine tuberculosis under the supervision of the director or of the appropriate federal officials, the director may declare the entire commonwealth to be a quarantine area and may proceed to test by the tuberculin test or otherwise all bovine animals within the commonwealth. If the director finds and declares that such a city or town or the commonwealth, as the case may be, is substantially free from bovine tuberculosis, he may proclaim it to constitute a modified accredited area and may prescribe rules and regulations, subject to the approval of the governor and council, prohibiting the shipment or transportation into the same of any bovine animals without a permit and health certificate issued by the director or some officer designated by the director for the purpose. Whoever violates the terms and conditions of any such quarantine or any such rule or regulation shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year, or both.

M.G.L. c. 129, § 33C Declaration of quarantine area; tests for brucellosis of bovine animals; modified certified brucellosis free area; violation of terms of quarantine

c. 129, § 33C. Declaration of quarantine area; tests for brucellosis of bovine animals; modified certified brucellosis free area; violation of terms of quarantine Section 33C. The director may upon application to him by not less than seventy-five per cent of the cattle owners owning cattle permanently kept in any city, town or county, or upon like application by the owners of eighty-five per cent of such cattle, declare said city, town or county a quarantined area, and may proceed to test for brucellosis by an approved method for the detection of brucellosis all bovine animals within said area. If the director finds and declares said city, town or county is substantially free from bovine brucellosis, he may proclaim it to constitute a modified certified brucellosis free area and may prescribe rules and regulations, subject to their approval by the governor and council, prohibiting the shipment or transportation into said area of any bovine animal without a permit and health chart issued by the director or some person designated by the director for this purpose. Whoever violates the terms and conditions of any such quarantine or any such rule or regulation shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year, or both.

M.G.L. c. 129, § 33D Tests for detection of brucellosis; identification of animals; destruction

c. 129, § 33D. Tests for detection of brucellosis; identification of animals; destruction Section 33D. Prior to the first day of January, nineteen hundred and fifty-eight, the director may, upon written application of the owner, test cattle and thereafter shall test all cattle by an approved method for the detection of brucellosis. Said director shall provide for the drawing and collecting of the blood samples and for the laboratory testing. He shall cause any such animal reacting positively to any test for brucellosis to be identified by the branding of the letter B, which shall be at least two inches by two inches, on the left jaw, and the insertion of a reactor tag in the left ear, and to be quarantined. Prior to the first day of January, nineteen hundred and sixty, such reactors may be kept on the farm where tested under quarantine and moved only by permit. All such reactors when removed from the farm shall be disposed of for immediate slaughter under official supervision. If the reaction of any animal to a test for brucellosis is doubtful it shall be identified and quarantined, and shall not be disposed of without written permission of the director. The commonwealth shall not be liable for any damage incurred by any such test.

M.G.L. c. 129, § 34 Compensation to violators of regulations

c. 129, § 34. Compensation to violators of regulations Section 34. No compensation shall be allowed by the commonwealth to an owner of condemned cattle who has failed to comply with the reasonable regulations of the director relative to cleanliness, ventilation, light, disinfection and water supply. An owner of cattle who refuses to comply with any such regulation shall be punished by a fine of not more than fifty dollars.

M.G.L. c. 129, § 35 Driving certain cattle on public ways or roads

c. 129, § 35. Driving certain cattle on public ways or roads Section 35. Texan, Mexican, Cherokee, Indian or other cattle, which the director has reason to believe may spread contagious disease, shall not be driven on any public way or road, or outside the stockyards connected with any railroad in the commonwealth, contrary to an order of the director, and they shall be kept in different pens from those in which other cattle are kept in all stockyards in the commonwealth. Whoever violates any provision of this section shall be punished by a fine of not less than twenty nor more than one hundred dollars.

M.G.L. c. 129, § 36 Notice of contagious diseases

c. 129, § 36. Notice of contagious diseases Section 36. Whoever kills an animal or causes it to be killed, with the consent of the owner or person in possession thereof, upon suspicion that it is affected with or has been exposed to a contagious disease, and who, upon the inspection of the carcass thereof, finds or is of opinion that it is affected with a contagious disease, shall forthwith notify such owner or person in possession thereof, and the director or an inspector for the town where such animal was kept, of the existence of such disease, and of the place where the animal was found, the name of the owner or person in possession thereof and of the disposal made of such carcass. Whoever violates any provision of this section shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than two months, or both.

M.G.L. c. 129, § 36B Vaccination of female calves; identification of positive reactors; transportation of unvaccinated bovine animals

c. 129, § 36B. Vaccination of female calves; identification of positive reactors; transportation of unvaccinated bovine animals Section 36B. The director shall cause all female calves to be vaccinated against brucellosis, commonly known as bangs disease, when they are from the ages of four to eight months, inclusive. Calves shall be vaccinated by an approved licensed veterinarian designated by the director and only with vaccine produced at establishments licensed under the federal Virus–Serum–Toxin Act, or at establishments in the commonwealth approved by the director, and the expense thereof shall be borne by the commonwealth. The director shall make the necessary rules for the handling of the vaccine and the method of vaccination. Any person refusing to have his calves vaccinated shall not be permitted to move any of his cattle from his premises except for immediate slaughter, unless such cattle react negatively to an approved blood test for brucellosis. Each veterinarian shall make a report of all animals vaccinated by him on forms furnished by the director. The commonwealth shall not be liable for any damages incurred or alleged to have been incurred by the use of vaccine. Whenever any cattle are tested for brucellosis and determined to react positively to such tests, or are vaccinated against brucellosis, the owner of the cattle shall cause them to be permanently identified in accordance with regulations prescribed by the director. It shall be unlawful for a person to transport or offer for transport any unvaccinated bovine animal over six months of age, and any vaccinated bovine animal over eighteen months of age that has been tested for brucellosis and has reacted positive to such tests, except cattle moved under permit issued by the director to slaughtering establishments under state or federal inspection. Any person, firm or corporation who buys, sells or transports any cattle known to be positive to an approved test for brucellosis, except animals under eighteen months of age and accompanied by a certificate of vaccination or except unvaccinated animals less than six months of age or except animals for immediate slaughter, shall be fined not more than two hundred dollars for each animal bought, sold or transported.

M.G.L. c. 129, § 36D Importation of vaccinated animals; conditions

c. 129, § 36D. Importation of vaccinated animals; conditions Section 36D. Vaccinated animals which are over eighteen months of age may be imported into the commonwealth if within thirty days prior to entry they have reacted negatively to an approved blood test conducted in a laboratory approved by the state of origin. Vaccinated animals eighteen months of age and under may be imported into the commonwealth without such blood test if accompanied by a certificate stating the animals have been vaccinated between the ages of four to eight months, inclusive, by a veterinarian duly licensed by the state of origin of said animals.

M.G.L. c. 129, § 36E Importation of unvaccinated female cattle over five months of age

c. 129, § 36E. Importation of unvaccinated female cattle over five months of age Section 36E. Subject to rules promulgated by the commissioner of food and agriculture, the director may prohibit the importation of female cattle, for breeding purposes, over five months of age without an official certificate of vaccination stating such female cattle have been vaccinated for brucellosis from the ages of four to eight months, inclusive.

M.G.L. c. 129, § 36F Brucellosis, imported cattle, blood testing

c. 129, § 36F. Brucellosis, imported cattle, blood testing Section 36F. The director, his authorized agent or a duly licensed veterinarian designated by the director may conduct such blood tests for brucellosis of all cattle imported into the commonwealth which are over five months of age, as will aid in the effective control of brucellosis.

M.G.L. c. 129, § 36G Reimbursement of owners for slaughter of animals reacting positively to blood test for brucellosis; appraisal

c. 129, § 36G. Reimbursement of owners for slaughter of animals reacting positively to blood test for brucellosis; appraisal Section 36G. If any animal tested by an approved licensed veterinarian designated by the director under this section reacts positively to an approved blood test for brucellosis and is slaughtered in consequence thereof, or if any animal does not react positively but has been exposed to brucellosis in an infected herd, said animal may be slaughtered because of such exposure to the positive reactors in accordance with the recommended uniform methods and rules published by the veterinary services of the animal and plant health inspection service of the United States Department of Agriculture. The director may appoint persons to make appraisals of reacting cattle in conjunction with the owner or his authorized representative. Such appraisal shall be subject to the rights of arbitration and petition set forth in section thirty-one; provided, that the award or damage shall be within the limits prescribed by this section. The commonwealth, shall within thirty days after the filing in the office of the director of a valid claim for reimbursement in pursuance of such an appraisal or award under said section thirty-one, pay to the owner of any animal slaughtered under authority of any rules and regulations made hereunder, or to any mortgagee or assignee designated in writing by said owner, two thirds of any difference between the amount received by the owner for the carcass of the animal and the value of the animal as determined by appraisal as aforesaid; provided, that payment by the commonwealth hereunder shall not exceed one hundred and fifty dollars for any grade animal or two hundred dollars for any purebred animal; and provided, further, that no payment shall be made for any such animal unless it was kept by the owner applying for the test on the premises where tested for at least sixty days next prior to the date of said test, or unless it was admitted to the herd on a test approved by the director and provided, further, that no payment shall be made for any animal if, since a previous test, the owner or his representative has violated the rules and regulations made hereunder; and provided, further, that the owner or his representative has not unlawfully or improperly obtained or attempted to obtain reimbursement for any animal; and provided, further, that the owner or his representative has not, in the opinion of the director, by wilful act or neglect, contributed to the spread of bovine brucellosis. If the federal government pays part of the value of any animal slaughtered under this section, the payment by the commonwealth shall be limited to the difference between the payment authorized by the federal government and the payment as hereinbefore provided.

M.G.L. c. 129, § 36H Waiver of compliance with Secs. 36B, 36D to 36F

c. 129, § 36H. Waiver of compliance with Secs. 36B, 36D to 36F Section 36H. The director may after a hearing grant, in suitable cases, waivers of compliance with the provisions of sections thirty-six B, thirty-six D, thirty-six E and thirty-six F.

M.G.L. c. 129, § 37 Enforcement actions; jurisdiction of commissioner of agriculture, district and superior courts

c. 129, § 37. Enforcement actions; jurisdiction of commissioner of agriculture, district and superior courts Section 37. As used in this section, the word ''commissioner'' shall mean the commissioner of agriculture or his designee, and any rules, regulations, orders, licenses or permits issued under this chapter. The commissioner may assess administrative fines, not to exceed $500 per offense, for violations of this chapter. Each animal involved in a violation may constitute a separate offense, and each day that a violation continues after receipt of written notice of such violation from the department may constitute a separate offense. Total fines assessed in any given action under this section shall not exceed $10,000. The commissioner may deny any application for, suspend or revoke any license or permit issued under this chapter upon a finding of consistent or continual failure to keep or produce records required by this chapter. Denial, suspension or revocations shall be effective pending resolution of any appeal, unless otherwise ordered by a court of competent jurisdiction. Without alleging or proving the lack of other adequate remedies at law, the commissioner may apply for an injunction to restrain any violation of this chapter in order to protect human or animal health. The remedies provided in this section are available in addition to, and without limiting, any other penalties provided by law or equity, in this chapter or elsewhere. The district and superior courts shall have concurrent jurisdiction to enforce this chapter and to restrain violations thereof. Enforcement actions brought under this section and appeals thereof shall conform to the applicable provisions of chapter 30A and hearing regulations promulgated thereunder. The commissioner may promulgate regulations to implement this section. The commissioner may issue orders necessary to enforce this chapter and to restrain violations thereof. Such orders shall be effective pending resolution of any appeal, unless otherwise ordered by a court of competent jurisdiction.

M.G.L. c. 129, § 38 Annual report

c. 129, § 38. Annual report Section 38. The commissioner of food and agriculture shall make an annual report of the acts of the director, including therein the information obtained from inspectors under section twenty-three.

M.G.L. c. 129, § 39 Licensing of persons dealing in bovine and porcine animals; fee

c. 129, § 39. Licensing of persons dealing in bovine and porcine animals; fee Section 39. Every person engaging in the business of dealing in bovine and porcine animals shall obtain a license therefor from the director, the fee for which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof, and such license shall expire on November thirtieth following the date of issuance, unless sooner revoked. The director shall, subject to the approval of the commissioner of food and agriculture and of the governor, make rules and regulations governing the issuance and revocation of such licenses and the conduct of the businesses so licensed and relative to the maintenance of premises, buildings and conveyances, the health of bovine and porcine animals and the method and time of inspection and checking of said animals.

M.G.L. c. 129, § 39A Pet shops; licensing operation; animal health inspections

c. 129, § 39A. Pet shops; licensing operation; animal health inspections Section 39A. Every person engaged in the business of operating a pet shop, shall obtain a license therefor from the director, the fee for which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof, and such license shall expire on December thirty-first following the date of issuance, unless sooner revoked. The director, subject to the approval of the governor, may make rules and regulations governing the issuance and revocation of such licenses and the conduct of the businesses so licensed and relative to the maintenance of premises, buildings and conveyances, the health of the birds, mammals or reptiles and the method and time of inspection and checking of said animals. This section shall not apply to a publicly or privately owned zoological park, a publicly owned animal pound, an institution, as defined in section one of chapter forty-nine A, to persons selling, exchanging or otherwise transferring the offspring of their personally owned animals, or to horse or cattle auctions, or to a professional service dog organization accredited by Assistance Dogs International and headquartered in the Commonwealth of Massachusetts.

M.G.L. c. 129, § 39B Guard dog businesses; licenses

c. 129, § 39B. Guard dog businesses; licenses Section 39B. Every person engaged in operating a guard dog business shall obtain a license therefor from the director, the fee for which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof, and such licenses shall expire on December thirty-first following the date of issuance, unless sooner revoked. The director may make rules and regulations governing the issuance and revocation of such licenses and the conduct of the businesses so licensed, and relative to the maintenance of the premises and conveyances, the health of the dogs and the method and time of inspection of such businesses.

M.G.L. c. 129, § 39C Hearing dog business; licenses

c. 129, § 39C. Hearing dog business; licenses Section 39C. Every person engaged in the hearing dog business shall obtain a license therefor from the director, the fee for which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof, and such license shall expire on December thirty-first following the date of issuance, unless sooner revoked. The director may make rules and regulations governing the issuance and revocation of such licenses and the conduct of any business so licensed, and relative to the maintenance of premises, buildings and conveyances, the health of the dogs and the method and time of inspection of such dogs and such business. The director shall promptly furnish to the director of the office of deafness the name and address of each person licensed to conduct a hearing dog business, and the person so licensed shall promptly furnish to the director of the office of deafness with the name and address of each person to whom a hearing dog is furnished. A hearing dog shall, for identification purposes, be fitted with a collar and leash which are of a bright color.

M.G.L. c. 129, § 39D Hearing dog business; access to public facilities

c. 129, § 39D. Hearing dog business; access to public facilities Section 39D. A person engaged in the hearing dog business, while actually engaged in the training process and activities of hearing dogs, shall have the same rights, privileges and responsibilities with respect to access to public facilities as those applicable to deaf persons.

M.G.L. c. 129, § 39E Livestock auction business; licenses

c. 129, § 39E. Livestock auction business; licenses Section 39E. As used in the section, the word ''livestock'' shall include all bovine, ovine, caprine, porcine, equine animals and poultry. The word ''poultry'' shall include all domesticated birds including, but not limited to, chickens, turkeys, guineas, exotic and game birds. Every person engaged in the business of auctioning livestock shall obtain a license therefore from the director, the fee for which shall be determined by the secretary of administration and finance, and such license shall expire on November thirtieth following the date of issuance, unless sooner revoked. The department of food and agriculture may make rules and regulations governing the issuance and revocation of such licenses, and relative to matters relating to this section including, but not limited to, record-keeping, facility maintenance, animal identification, animal health and methods and times for inspecting and checking animals.

M.G.L. c. 129, § 39F Service dogs; trainer rights

c. 129, § 39F. Service dogs; trainer rights Section 39F. A person accompanied by and engaged in the raising or training of a service dog, including a hearing, guide or assistance dog, shall have the same rights, privileges and responsibilities as those afforded to an individual with a disability under the Americans with Disabilities Act, 42 U.S.C. sections 12101 et seq.

M.G.L. c. 129, § 39G Official health certificate requirement for dog or cat brought or shipped into commonwealth; purchase of animal for resale; vaccination record; devocalization prohibited

c. 129, § 39G. Official health certificate requirement for dog or cat brought or shipped into commonwealth; purchase of animal for resale; vaccination record; devocalization prohibited Section 39G. (a) A dog or cat brought or shipped into the commonwealth shall be accompanied by an official health certificate issued by an accredited veterinarian, a copy of which shall be sent to the commissioner of agricultural resources. (b) For purposes of this section, an ''official health certificate'' shall mean a legible certificate or form issued by an accredited veterinarian and approved by the chief livestock official of the state or county of origin and shall contain the name and address of the consignor and consignee. The official health certificate shall also show the age, sex, breed and description of each dog or cat and certify that the dog or cat is free from visual evidence of infectious or contagious disease. An official health certificate shall show proof of rabies vaccination within the previous 12 months. If a dog or cat is imported into the commonwealth with an official health certificate that reflects that the dog or cat is not currently vaccinated for rabies, the dog or cat shall be vaccinated as required under section 145B of chapter 140. (c) A dog or cat purchased within the commonwealth for resale by a commercial establishment or pet shop shall be accompanied by an official health certificate. (d) A commercial establishment, pet shop, firm or corporation shall not import into the commonwealth, for sale or resale in the commonwealth, a cat or dog less than 8 weeks of age. (e) A dog or cat sold in the commonwealth by a commercial establishment, pet shop, firm or corporation shall be accompanied by a health record indicating the date and type of each vaccine administered to each such dog or cat. (f) No commercial establishment, pet shop, firm, corporation or person shall sell a dog or cat that has been surgically devocalized, as defined in section 801/2 of chapter 272, unless written notice that such devocalization has been conducted on the animal is provided to a prospective purchaser before the purchaser enters into an agreement to purchase that animal. In addition to the penalties set forth in this section, failure to provide such notice shall render a purchase agreement void. A violation of this subsection shall constitute an unfair or deceptive act or practice in the conduct of a trade or commerce under chapter 93A. (g) The commissioner may, after notice and hearing, revoke or suspend a license issued under section 137A of chapter 140 or section 39A of this chapter for a violation of this section. (h) Whoever is aggrieved by an order issued under this section may appeal within 30 days to the superior court in the county wherein the aggrieved party resides or where the aggrieved party's kennel or pet shop, which is the subject of the license, is located. The appellant shall state the findings by the commissioner and the grounds of appeal therefrom. The court shall consider the proceedings de novo and the parties shall have right of exception and appeal.

M.G.L. c. 129, § 40 License plates for vehicles used for transportation of bovine or porcine animals; fee; revocation

c. 129, § 40. License plates for vehicles used for transportation of bovine or porcine animals; fee; revocation Section 40. Each vehicle used for the transportation of bovine or porcine animals by any person engaged in the business of dealing in such animals, when operated on any way in the commonwealth, shall bear a metal license plate, attached to the side of the vehicle to the left of the person operating or driving the same, such plate to be furnished by the director upon the payment of a fee, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven. Said plate shall be valid for the term for which the license is granted, but shall be returned to the director on revocation of said license.

M.G.L. c. 129, § 40A Hog cholera vaccine; prohibited use

c. 129, § 40A. Hog cholera vaccine; prohibited use Section 40A. No person shall use, sell, expose for sale, deliver, give away, have in his possession, introduce or deliver for introduction into commerce any hog cholera vaccine.

M.G.L. c. 129, § 41 Bill of sale or memorandum signed by owner of persons transporting bovine animals; exhibition on demand

c. 129, § 41. Bill of sale or memorandum signed by owner of persons transporting bovine animals; exhibition on demand Section 41. All persons who transport bovine animals upon any public way in connection with the purchase or sale thereof, shall have in their possession a bill of sale or memorandum signed by the owner or vendor of such animals, containing the address of such owner or vendor, the date of purchase or sale, the number of animals, breed, eartag number or other means of identification of each animal. Any person transporting bovine animals shall on demand exhibit such bill of sale or memorandum to any officer qualified to serve criminal process. No person shall accept any bovine animal over six months of age which has been transported over any such way unless accompanied by such bill of sale or memorandum. The person accepting such animals shall endorse the bill of sale or memorandum in such manner as will signify his acceptance of each animal. This section shall not apply to such licensees under section thirty-nine as are exempted from the provisions hereof by the director, by rules or regulations made under the authority of said section thirty-nine.

M.G.L. c. 129, § 42 Tagging bovine animal with identification tag

c. 129, § 42. Tagging bovine animal with identification tag Section 42. No person, other than a licensed veterinarian or an agent of the director, shall tag a bovine animal with a state or federal identification tag.

M.G.L. c. 129, § 43 Penalties for violation of Secs. 39 to 42

c. 129, § 43. Penalties for violation of Secs. 39 to 42 Section 43. Whoever violates any provisions of sections thirty-nine to forty-two, inclusive, or of any rule or regulation made under section thirty-nine or thirty-nine A, shall be punished for a first offence by a fine of not more than one hundred dollars and for any subsequent offence by a fine of not more than five hundred dollars, or by imprisonment for not more than two and one half years, or both.

M.G.L. c. 129, § 44 Testing of imported equine animals for infectious anemia; certification

c. 129, § 44. Testing of imported equine animals for infectious anemia; certification Section 44. No person shall import into the commonwealth any equine animal without a certificate relative to such animal from a laboratory approved by the United States Department of Agriculture, dated within one year from the time of such importation certifying a negative test for infectious equine anemia by a method approved by the United States Department of Agriculture for detecting said disease. Whoever violates any provisions of this section, or of any rule or regulation promulgated hereunder, shall be punished for a first offense by a fine of not more than one hundred dollars and for any subsequent offense by a fine of not more than five hundred dollars, or by imprisonment for not more than two and one-half years, or both.

M.G.L. c. 129, § 44A Destruction or quarantine of infected equine animals

c. 129, § 44A. Destruction or quarantine of infected equine animals Section 44A. Any equine animal positive to a test approved by the United States Department of Agriculture for the detection of equine infectious anemia may be humanely destroyed; provided, that such destruction is observed by an agent of the division or of the United States department of agriculture, or may be so destroyed by a licensed veterinarian who shall report such destruction to the division, or may be sold or given under a permit from the division to an approved slaughter house or research facility, or, at the owner's option, may be retained under quarantine and held in isolation on the owner's premises; provided, however, that it may be pastured, ridden or driven on the owner's premises within a radius of two hundred yards of where it is stabled, provided, that no other horses are stabled or normally ridden or pastured within that area. Upon the discovery of one or more test positive animals within a quarter of a mile of where such animal is normally stabled, all such reactor animals shall be quarantined to screened stalls.

M.G.L. c. 129, § 45 License to deal in or auction equine animals

c. 129, § 45. License to deal in or auction equine animals Section 45. Every person engaging in the business of dealing in equine animals or auction of said animals and tack shall obtain a license therefor from the director, the fee for which shall be fifty dollars, and such license shall expire on October thirty-first following the date of issuance, unless sooner revoked, provided that the fee for any person licensed under the provisions of section two B of chapter one hundred and twenty-eight shall be five dollars. The director shall, subject to the approval of the commissioner of food and agriculture make rules and regulations governing the issuance and revocation of such licenses and the conduct of the businesses so licensed and relative to the maintenance of premises, buildings and conveyances, the health of equine animals and the method and time of checking and inspection of said animals. The purpose is to prohibit the transportation and slaughter of horses by inhumane means.

M.G.L. c. 129, § 46 License plates for vehicles transporting equine animals

c. 129, § 46. License plates for vehicles transporting equine animals Section 46. Each vehicle used for the transportation of equine animals by any person engaged in the business of dealing with such animals, when operated on any way, shall bear a metal license plate, attached to the side of the vehicle to the left of the person operating or driving the same, such plate to be furnished by the director on the payment of a fee of five dollars. Said plate shall be valid for the term for which the license is granted, but shall be returned to the director on revocation of said license. The use of multiple deck vehicles or the so-called ''possum belly'' vehicle used in the transportation of equine animals is prohibited.

M.G.L. c. 129, § 47 Bill of sale or memorandum

c. 129, § 47. Bill of sale or memorandum Section 47. A person who transports equine animals for immediate slaughter upon any public way in connection with the purchase or sale thereof, shall have in his possession a bill of sale or memorandum signed by the owner or vendor of such animals, containing the address of such owner or vendor, the date of purchase or sale, the number of animals and means of identification of each animal. Any such person transporting such equine animals shall on demand exhibit such bill of sale or memorandum to any officer qualified to serve a criminal process. No such person shall accept any such equine animal which has been transported over any such way unless accompanied by such bill of sale or memorandum. Such person accepting such animals shall endorse the bill of sale or memorandum in such manner as will signify his acceptance of such animals. Horses intended for immediate slaughter shall not be required to have a certificate as provided in section forty-four.

M.G.L. c. 129, § 48 Violations, penalties

c. 129, § 48. Violations, penalties Section 48. Whoever violates any provisions of section forty-five to forty-seven, inclusive, or any rule or regulation made under section forty-five shall be punished for the first offense by a fine of not more than one hundred dollars and for any subsequent offense by a fine of not more than five hundred dollars, or by imprisonment for not more than two and one half years, or both.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter129Fetched: 10/20/2026