Bill S.655

SENATE DOCKET, NO. 228 FILED ON: 1/18/2011

SENATE . . . . . . . . . . . . . . No. 655

By Mr. Brewer, petition (accompanied by bill, Senate, No. 655) of Spilka, deMacedo, Pignatelli and other members of the General Court for legislation relative to animals [Joint Committee on the Judiciary].

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act relative to animals.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Said Chapter 272 is amended by inserting at the end the following new paragraphs:

(a) Notwithstanding any other provision of law, it shall be unlawful for any person to slaughter or otherwise cause or procure the death of, or have another person slaughter or otherwise cause or procure the death of a horse, where such person knows or should know that any part of such horse will be used for human consumption.

(b) Notwithstanding any other provision of law, it shall be unlawful for any person to sell, offer to sell or barter, give away, purchase, possess, transport, deliver, or receive any horse with the intent of slaughtering or otherwise causing or procuring the death of, or having another person slaughter or otherwise cause or procure the death of such horse, if such person knows or should know that any of the horseflesh is intended for human consumption.

(c) Notwithstanding any other provision of law, it shall be unlawful for any person to import into or export from this state, live horses where such person knows or should know that such horse is intended for slaughter for human consumption.

(d) The Secretary of Agriculture shall maintain a record of ownership as described in paragraph (e) and statement signed by the owner under penalty of perjury of the destination of any horse exported from the Commonwealth. Such records shall be made available upon request to the Dept. of Health or any state or local law enforcement or animal control agency.

(e) The evidence of ownership referred to in paragraph (d) may include (i) a recorded brand registered in the name of the person in possession of the animal; (ii) a brand inspection certificate; (iii) a bill of sale from the owner of the brand on the animal; (iv) in the case of an unbranded animal, a bill of sale which gives a description of the breed, sex, color, and natural markings, if any; or (v) other record as determined to be appropriate by the Secretary.

(f) It shall be unlawful for any person to possess, ship, transport, purchase, sell, deliver, or receive, any horse, with the intent that it is to be exported from the Commonwealth, without evidence of ownership as described in paragraph (e);

to acquire, possess or deliver a false statement of such ownership; or to acquire, possess or deliver a false statement of the destination of a horse to be exported or which has been exported from the Commonwealth as described in paragraph (d).

(g) The Secretary of Agriculture shall make such regulations that are necessary to implement and enforce the provisions of paragraphs (d) and (e) of this section, including a scheme of civil penalties.

(h) As used in this section, the term "horse" includes all members of the equine family, including horses, ponies, donkeys, mules, asses and burros; and the term "horseflesh" means the flesh of a dead horse, including the animal's viscera, skin, hair, hide, hooves, and bones; the term "person" means an individual, corporation, partnership, trust, association or other legal entity.

(i) Any person in violation of this section shall be punished by imprisonment in the state prison for not more than 5 years or imprisonment in the house of correction for not more than 2 1/2 years or by a fine of not more than $2,500, or by both such fine and imprisonment. A court may also order any person convicted under this section to submit to a mental health evaluation as determined by the court and undergo any recommended counseling or treatment. In addition to any other penalty provided by law, a person convicted under this section may be barred from owning or possessing any animals, or living on the same property with someone who owns or possesses animals, for a period of time deemed appropriate by the court, and required to take humane education classes as ordered by the court.

SECTION 2. Chapter 94 is amended by striking out section 151A, as appearing in the 2008 official edition, an inserting in place thereof the following:-

(a) Notwithstanding any other provision of law, it shall be unlawful for any person to sell, barter, offer to sell or barter, give away, purchase, possess, transport, deliver, or receive horseflesh if such person knows or should know that any of the horseflesh will be used for

human consumption.

(b) Notwithstanding any other provision of law, it shall be unlawful for any person to import into or export from this state, horseflesh where such person knows or should know that such horseflesh is intended for human consumption.

(d) As used in this section, the term "horse" includes all members of the equine family, including horses, ponies, donkeys, mules, asses and burros; and the term "horseflesh" means the flesh of a dead horse, including the animal's viscera, skin, hair, hide, hooves, and bones; the term "person" means an individual, corporation, partnership, trust, association or other legal entity.

(e) Any person in violation of this section shall be punished by imprisonment in the state prison for not more than 5 years or imprisonment in the house of correction for not more than 2 1/2 years or by a fine of not more than $2,500, or by both such fine and imprisonment.

SECTION 3. Chapter 94 is amended by striking section 118 and inserting in place thereof the following:-

Definitions. The following words as used in sections one hundred and eighteen to one hundred and thirty-one, inclusive, unless a different meaning is required by the context or is specifically prescribed, shall have the following meanings:--

"Broker", any person engaged in the business of buying or selling livestock products or poultry products on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person.

"Capable of use as human food", any livestock or poultry carcass, or part of product of any such carcass, unless it is denatured or otherwise identified as required by regulations prescribed by the department to deter its use as human food, or it is naturally inedible by humans.

"Commissioner", the commissioner of public health or his duly authorized agent.

"Container" or "package", any box, can, tin, cloth, plastic, or other receptacle, wrapper, or cover.

"Department", the department of public health.

"Inspector", an employee or official of the division of food and drugs, authorized by the director to perform any inspectional function.

"Label", a display of written, printed, or graphic matter upon any article or container, not including package liners, of any article.

"Labeling", all labels and other written, printed, or graphic matter: (1) upon any article or any of its containers or wrappers; or, (2) accompanying such article.

"Livestock", any cattle, sheep, swine, or goats, , whether live or dead.

"Livestock product", any carcass, part thereof, meat, or meat food product of any livestock.

"Meat food product", any product capable of use as food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, or goats, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or historically have not been considered by consumers as products of the meat food industry, and which are exempted from definition as a meat food product by the commissioner under such conditions as he may prescribe.

"Official certificate", any certificate prescribed by regulations of the department for issuance by an inspector or other person performing official functions under this chapter.

"Official device", any device prescribed or authorized by the department for use in applying any official mark.

"Official establishment", any establishment as determined by the department at which inspection of the slaughter of livestock or poultry or the preparation of livestock products or poultry products is maintained under the authority of this chapter.

"Official inspection legend", any symbol prescribed by regulations of the department showing that an article was inspected and passed in accordance with this chapter.

"Official mark", the official inspection legend or any other symbol prescribed by regulations of the department to identify the status of any article or livestock or poultry under this chapter.

"Poultry", any domesticated bird, whether live or dead.

"Poultry product", any poultry carcass or part thereof; or any product which is made wholly or in part from any poultry carcass or part thereof, excepting products which contain poultry ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry, and which are exempted by the commissioner from definition as a poultry product under such conditions as he may prescribe to assure that the poultry ingredients in such products are not adulterated and that such products are not represented as poultry products.

"Prepared" or "processed", slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed in any way.

"Shipping container", any container used or intended for use in shipping the product packed in another container.

"Renderer", means any person engaged in the business of rendering livestock or poultry carcasses, or parts or products of such carcasses, except rendering conducted under inspection or exemption under this chapter.

SECTION 4. Chapter 94 is amended by striking section 127 and inserting in place thereof the following:-

Prohibited Acts with Respect to Livestock, Poultry, or Their Products.

(a) No person shall, with respect to any livestock or poultry or any livestock products or poultry products: (1) slaughter any such animals or prepare any such articles which are capable of use as human food at any official establishment, except in compliance with the requirements of this chapter and any regulations thereunder promulgated; (2) sell, transport, offer for sale or transportation, or receive for transportation, in intrastate commerce, any such articles which are capable of use as human food, and are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or any such articles required to be inspected under this chapter unless they have been so inspected and passed; (3) do, with respect to any such articles which are capable of use as human food, any act while they are being transported in intrastate commerce or held for sale after such transportation, which is intended to cause or has the effect of causing such articles to be adulterated or misbranded.

(b) No person shall buy, sell, transport, offer for sale or transportation, or receive for transportation: (1) any slaughtered poultry from which the blood, feathers, feet, head, or viscera have not been removed in accordance with regulations promulgated by the department except as may be authorized by such regulations; (2) any livestock products or poultry products which are not intended for use as human food unless they are denatured or otherwise identified as required by the regulations of the department or are naturally inedible by humans.

(c) No person engaged in the business of buying, selling, or transporting in intrastate commerce, dead, dying, disabled, or diseased animals, or any parts of the carcasses of any animals that died otherwise than by slaughter, shall buy, sell, transport, offer for sale or transportation, or receive for transportation, in such commerce, any dead, dying, disabled, or diseased livestock or poultry or the products of any such animals that died otherwise than by slaughter, unless such transaction or transportation, is made in accordance with such regulations as the department shall prescribe to assure that such animals, or the unwholesome parts or products thereof, will be prevented from being used for human food purposes.

(d) No person shall: (1) cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the commissioner; (2) forge any official device, mark, or certificate; (3) without authorization from the commissioner use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate; (4) contrary to the regulations prescribed by the department, fail to use, or to detach, deface, or destroy any official device, mark, or certificate; (5) possess, without promptly notifying the commissioner or his representative, any official device or any counterfeit, simulated, forged, or improperly altered official certificate or any device or label or any carcass of any animal, including poultry, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark; (6) represent that any article has been inspected and passed, or exempted, under this chapter when, in fact, it has, respectively, not been so inspected and passed, or exempted; (7) knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the regulations prescribed by the department; (8) fail to furnish the commissioner upon his request any record, report, answer, or information which may be required under the provisions of or under the authority of sections one hundred and eighteen to one hundred and thirty, inclusive, or knowingly make any omission or false statement in any such record, report, answer, or information.

SECTION 5. Chapter 94 is amended by striking out section 139C, as appearing in the 2008 official edition, and inserting in place thereof the following:

Definitions. As used in this section and sections one hundred and thirty-nine D to one hundred and thirty-nine G, inclusive, the following words shall have the following meanings:--

"Commissioner", the commissioner of public health.

"Slaughterer", any person regularly engaged in the business of (1) purchasing livestock for purposes of slaughter or (2) slaughtering livestock for the sale, by such person or others, of meat or meat products.

"Livestock", cattle, calves, sheep, swine, goats and any other animal which can or may be used in and for the preparation of meat or meat products, excluding poultry.

"Packer", any person engaged in the business of slaughtering, or of manufacturing or preparing meat or meat products for sale, either by such person or others; or of manufacturing or preparing livestock products for sale by such person or others.

"Stockyard", any place, establishment or facility conducted or operated for compensation or profit as a public market, consisting of pens, or other enclosures, and their appurtenances, for the handling, keeping and holding of livestock for the purpose of sale or shipment.

"Humane method", a method whereby the animal is rendered insensible to pain by mechanical, electrical, chemical or other means that is rapid and effective, before being shackled, hoisted, thrown, cast or cut; or a method of slaughtering, including handling and other preparation for slaughtering, required by or used in connection with the ritual requirements of the Jewish faith or of any other religious faith, whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.

SECTION 6. This act shall take effect on the one hundred twentieth day after it shall have become a law.

Name:	District/Address:
Stephen M. Brewer	Worcester, Hampden, Hampshire and Middlesex
James M. Cantwell	4th Plymouth
Thomas J. Calter	12th Plymouth
William Smitty Pignatelli	4th Berkshire
Viriato Manuel deMacedo	1st Plymouth
Karen E. Spilka
Michael J. Rodrigues
Jennifer L. Flanagan
Todd M. Smola	1st Hampden
Anne M. Gobi	5th Worcester
Kimberly N. Ferguson	1st Worcester
Robert L. Hedlund