HOUSE DOCKET, NO. 691        FILED ON: 1/14/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1456

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Jason M. Lewis

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to prevent farm animal cruelty.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Jason M. Lewis

Fifth Middlesex

1/14/2013

Gailanne M. Cariddi

1st Berkshire

2/1/2013

Jonathan Hecht

29th Middlesex

2/1/2013

Patricia D. Jehlen

Second Middlesex

1/24/2013

Peter V. Kocot

1st Hampshire

1/15/2013

Cleon H. Turner

1st Barnstable

1/26/2013

David M. Rogers

24th Middlesex

1/25/2013

Denise Provost

27th Middlesex

1/31/2013

Carlo Basile

1st Suffolk

1/14/2013

John P. Fresolo

16th Worcester

1/14/2013

Josh S. Cutler

6th Plymouth

1/14/2013

Eugene L. O'Flaherty

2nd Suffolk

2/1/2013

Angelo J. Puppolo, Jr.

12th Hampden

1/14/2013

Timothy J. Toomey, Jr.

26th Middlesex

1/14/2013

Tom Sannicandro

7th Middlesex

1/14/2013

William N. Brownsberger

Second Suffolk and Middlesex

1/16/2013

Kathi-Anne Reinstein

16th Suffolk

1/14/2013

Mark J. Cusack

5th Norfolk

1/14/2013

Ruth B. Balser

12th Middlesex

1/14/2013

Martha M. Walz

8th Suffolk

1/14/2013

Lori A. Ehrlich

8th Essex

1/14/2013

Frank I. Smizik

15th Norfolk

1/14/2013

Kay Khan

11th Middlesex

1/14/2013

Chris Walsh

6th Middlesex

1/14/2013

Martin J. Walsh

13th Suffolk

1/14/2013

Cheryl A. Coakley-Rivera

10th Hampden

1/14/2013

James B. Eldridge

Middlesex and Worcester

1/14/2013

Carl M. Sciortino, Jr.

34th Middlesex

1/14/2013

James J. Dwyer

30th Middlesex

1/14/2013

John F. Keenan

Norfolk and Plymouth

1/14/2013

Kenneth I. Gordon

21st Middlesex

1/14/2013

James J. O'Day

14th Worcester

1/14/2013

Paul McMurtry

11th Norfolk

1/14/2013

Cory Atkins

14th Middlesex

1/14/2013

Sean Garballey

23rd Middlesex

1/14/2013

Christine E. Canavan

10th Plymouth

1/14/2013

Timothy R. Madden

Barnstable, Dukes and Nantucket

1/14/2013

Aaron Vega

5th Hampden

1/14/2013

William Smitty Pignatelli

4th Berkshire

1/14/2013

Mark C. Montigny

Second Bristol and Plymouth

1/14/2013

Thomas M. Stanley

9th Middlesex

1/14/2013

Katherine M. Clark

Fifth Middlesex

1/14/2013

Walter F. Timilty

7th Norfolk

1/14/2013

James M. Murphy

4th Norfolk

1/14/2013

John J. Binienda

17th Worcester

1/14/2013

Alice Hanlon Peisch

14th Norfolk

1/14/2013

Angelo L. D'Emilia

8th Plymouth

1/14/2013

Dennis A. Rosa

4th Worcester

1/14/2013

Brian R. Mannal

2nd Barnstable

1/14/2013

Marjorie C. Decker

25th Middlesex

1/14/2013

Paul R. Heroux

2nd Bristol

1/14/2013

Paul Brodeur

32nd Middlesex

1/14/2013

Byron Rushing

9th Suffolk

1/14/2013

Brian M. Ashe

2nd Hampden

1/14/2013

Theodore C. Speliotis

13th Essex

1/14/2013

Sheila C. Harrington

1st Middlesex

1/14/2013

Daniel A. Wolf

Cape and Islands

1/14/2013

Denise C. Garlick

13th Norfolk

1/14/2013

Aaron Michlewitz

3rd Suffolk

1/14/2013

Thomas P. Conroy

13th Middlesex

1/14/2013

Thomas A. Golden, Jr.

16th Middlesex

1/14/2013

Steven M. Walsh

11th Essex

1/14/2013


HOUSE DOCKET, NO. 691        FILED ON: 1/14/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1456

By Mr. Lewis of Winchester, a petition (accompanied by bill, House, No. 1456) of Jason M. Lewis and others for legislation to impose a penalty for the confinement of farm animals in a manner that does not allow them to turn around freely, lie down, stand up and fully extend their limbs.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 458 OF 2011-2012.]

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act to prevent farm animal cruelty.

 

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. Chapter 272 of the General Laws is hereby amended by adding the following

         section:--

Section 106.

(a)The purpose of this section, subject to exceptions, is to prohibit the confinement of farm animals in a manner that does not allow them to turn around freely, lie down, stand up, and fully extend their limbs.

(b)Notwithstanding any other provision of law, a person is guilty of unlawful confinement of a covered farm animal if the person tethers or confines any covered animal, on a farm, for all or the majority of any day, in a manner that prevents such animal from:

(1) Lying down, standing up, and fully extending his or her limbs; and

         (2) Turning around freely.

(c) This section shall not apply:

              (1) During scientific or agricultural research.

              (2) During examination, testing, individual treatment or operation for veterinary purposes.

              (3) During transportation.

              (4) During rodeo exhibitions, state or county fair exhibitions, 4-H programs, and similar

            exhibitions.

              (5) During the slaughter of a covered animal in accordance with the provisions of Chapter 94, sections 139C and   139D of the General Laws, and other applicable laws and regulations.

         (6) To a pig during the seven-day period prior to the pig's expected date of giving birth.

        

(d) For the purposes of this section:

            (1) "Calf raised for veal" means any calf of the bovine species kept for the purpose of producing the food            product described as veal.

            (2) "Covered animal" means any pig during pregnancy, calf raised for veal, or egg-laying hen who is kept on a farm.

            (3) "Egg-laying hen" means any female domesticated chicken, turkey, duck, goose, or guinea fowl kept for the purpose of egg production.

            (4) “Enclosure” means any cage, crate, or other structure (including what is commonly described as a “gestation crate” for pigs; a “veal crate” for calves; or a “battery cage” for egg-laying hens) used to confine a covered animal.

            (5) "Farm" means the land, building, support facilities, and other equipment that are wholly or partially used for the commercial production of animals or animal products used for food or fiber; and does not include live animal markets.

            (6) "Fully extending his or her limbs" means fully extending all limbs without touching the side of an enclosure, including, in the case of egg-laying hens, fully spreading both wings without touching the side of an enclosure or other egg-laying hens.

            (7) "Person" means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, or syndicate.

            (8) "Pig during pregnancy" means any pregnant pig of the porcine species kept for the primary purpose of breeding.

            (9) "Turning around freely" means turning in a complete circle without any impediment, including a tether, and without touching the side of an enclosure.

(e) Any person who violates any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a period not to exceed 180 days or by both such fine and imprisonment.

SECTION 2. This chapter shall take effect no later than January 1, 2015.