Bill S.2760

FILED ON: 5/8/2020

SENATE . . . . . . . . . . . . . . No. 2760

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act protecting the health and safety of puppies and kittens in cities and towns and enhancing the issuance of citations for cruel conditions for 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. Section 35WW of chapter 10 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the figure “62”, in line 17, the following words:-

, fines collected pursuant to section 37 of chapter 129.

SECTION 2. Section 37 of said chapter 129, as so appearing, is hereby amended by inserting after the fourth sentence the following sentence:- A fine assessed under this section shall be deposited into the Homeless Animal Prevention and Care Fund established in section 35WW of chapter 10.

SECTION 3. Section 136A of chapter 140 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the definition of “Attack” the following definition:-

“Cattery”, a pack or collection of cats on a single premises, including a commercial boarding or training cattery, a commercial breeder cattery, a domestic charitable corporation cattery, a personal cattery and a veterinary cattery.

SECTION 4. Section 137 of chapter 140 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in subsection (c), the first and second sentences.

SECTION 5. Section 137 of chapter 140 of the General Laws is hereby further amended by striking out, in line 19, the words “leather or other”

SECTION 6. Section 137 of chapter 140 of the General Laws is hereby further amended by striking out, in subsection (c), the sixth sentence.

SECTION 7. Section 137A of chapter 140 of the General Laws, is hereby amended by striking out subsection (a), as appearing in the 2018 Official Edition, and inserting in place thereof the following subsection:-

(a) A person keeping more than 4 dogs, 3 months old or older shall obtain a kennel license. The kennel license is in addition to the individual licenses for dogs over the age of 6 months, as required in section 137. In the case of an applicant for initial licensure and in the case of an applicant for license renewal, a licensing authority shall deny a kennel license until a kennel has passed inspection by an animal control officer.

SECTION 8. Section 137A of chapter 140 of the General Laws, is hereby further amended by striking out, in subsection (b), the first through the fourth sentences.

SECTION 9. Section 137A of chapter 140 of the General Laws, is hereby further amended by striking out, in subsection (b), the sixth sentence.

SECTION 10. Section 137A of chapter 140 of the General Laws is hereby further amended by inserting, after subsection (c), the following subsection:- (d) The licensing authority shall specify the maximum number of dogs that may be maintained by the licensee on the license. Such number shall be determined by the licensing authority and the animal control officer following the required inspection.

(e) A person who violates this section shall be assessed a fine of $500 for a first offense and a fine of not more than $1,000 for a second or subsequent offense.

SECTION 11. Said chapter 140 is hereby further amended by striking section 137B, as appearing in the 2018 Official Edition, and inserting in place thereof the following section:-

Section 137B. (a) Every holder of a kennel license, on delivering a dog to a purchaser or to any other person, shall record the name and address of such purchaser, the date of purchase, exchange or gift and a description of the dog.

(b) The licensee shall retain such records for a period of 36 months.

(c) The licensee shall within 30 days of the date of purchase, exchange or gift send a copy of the record to: (i) the clerk in the city or town where the kennel license is held; and (ii) the licensing authority in the city or town where such purchaser resides.

SECTION 12. Said chapter 140 is hereby further amended by striking out section 137C, as so appearing, and inserting in place thereof the following section:-

Section 137C. (a) The mayor of a city, the selectmen of a town, the police commissioner in the city of Boston, a chief of police or an animal control officer shall inspect a kennel or cattery or cause the inspection of a kennel or cattery at least 1 time per year. If a person holding a license or applying for a license to operate a kennel or cattery refuses to allow an inspector to enter and inspect a kennel or cattery, the refusal shall be grounds for denial, suspension or revocation of a person’s license to operate a kennel or cattery.

Twenty-five citizens of a city or town may file a petition with the mayor of a city, the selectmen of a town or the police commissioner in the city of Boston, as the case may be, stating that they are aggrieved or annoyed to an unreasonable extent that constitutes a nuisance by a dog or cat maintained in the city or town due to excessive barking or other conditions connected with a kennel or cattery. The mayor, selectmen or police commissioner, as the case may be, shall, not more than 7 days after the filing of the petition, give notice to all interested parties of a public hearing. The hearing shall be held not more than 14 days after the date of the notice. The mayor, selectmen or police commissioner shall, not more than 7 days after the public hearing, investigate or cause to be investigated the subject matter of the petition and shall, by order: (i) suspend the kennel or cattery license; (ii) revoke the kennel or cattery license; (iii) further regulate the kennel or cattery; or (iv) dismiss the petition.

(b) The inspection of a kennel or cattery to enforce the rules and regulations promulgated under section 174G may be done by the commissioner or an authorized inspector and shall take place between the hours of 7:00 a.m. and 7:00 p.m. unless an alternate time is mutually agreed upon by the inspector and the operator. The operator or an authorized agent of the operator shall be present during the inspection and the operator shall be given a reasonable notice prior to the inspection; provided, however, that the commissioner or other authorized inspector may determine that it is not appropriate to provide advance notice to the operator before arriving at the facility if necessary to adequately perform the inspection. If a kennel or cattery regulated under said section 174G is located at a private residence, only the areas of the residence that are used for kennel or cattery purposes or for the maintenance of kennel or cattery records shall be required to be available for inspection. If in the judgment of the commissioner or an authorized inspector a kennel or cattery is not being maintained in a sanitary and humane manner or if records have not been properly kept as required by law and in compliance with said section 174G, the commissioner or authorized inspector shall, by order, suspend the license for the kennel or cattery depending on the severity of the offense or issue to the operator a written citation or notice which explains the noncompliant issue and requires the operator to come into compliance within a reasonable, specified timeframe. If the operator fails to come into compliance within the time period specified by the commissioner or authorized inspector, the commissioner or authorized inspector shall, by order, revoke the license for the kennel or cattery.

(c) A written notice under subsection (a) or (b) of an order revoking or suspending the license, further regulating the kennel or cattery or dismissing the petition shall be mailed immediately to the licensee and to the officer that issued the license. Not more than 10 days after the written notice of the order, the licensee may file a petition in the district court in the judicial district in which the kennel or cattery is maintained seeking review of the order. The decision of the court shall be final and conclusive upon the parties. A person maintaining a kennel or cattery after the license to maintain a kennel or cattery has been revoked or suspended shall be punished by a fine of not more than $250 for a first offense, by a fine of not less than $500 for a second offense and by a fine of not more than $1,500 for a third or subsequent offense.

SECTION 13. Said chapter 140 is hereby further amended, as so appearing, by inserting after section 141B the following two sections:-

Section 141C. For the purposes of this, the following words shall have the following meanings unless the context clearly requires otherwise:

“Buyer”, a person who purchases an animal from a seller without the intent to resell the animal.

“Cat”, a member of the Felis catus family.

“Dog”, a member of the Canis familiaris family or a resultant hybrid.

"Kitten”, a cat under 1 year of age.

“Offer for sale”, to sell, offer for sale or adoption, barter, auction, give away or otherwise find a permanent physical placement for a dog or cat.

“Pet shop”, a business licensed under section 39A of chapter 129.

“Puppy”, a dog under 1 year of age.

“Rescue organization”, an organization the primary mission and practice of which is the placement of abandoned, unwanted, neglected or abused animals, that does not obtain dogs or cats from a breeder or broker for payment or compensation and that is an organization exempt from taxation under section 501(c)(3) of the federal Internal Revenue Code or any corresponding sections of the federal Internal Revenue Code, as amended from time to time.

“Seller”, an individual, partnership, association or corporation or an officer or employee of an individual, partnership, association or corporation that sells animals to the public.

“Unfit for sale”, a defect that is congenital or hereditary and that has a significant adverse effect on the health of the puppy or kitten or a disease, deformity, injury, physical condition or illness that has a significant adverse effect on the health of the puppy or kitten and which was manifest, capable of diagnosis or likely to have been contracted prior to or at the time of the sale or delivery of the puppy or kitten to the buyer.

Section 141D.

(a) A veterinarian licensed in the commonwealth may declare a puppy or kitten unfit for sale in advance of or after the sale by providing a written statement that includes:

(i) the name and address of the buyer or potential buyer;

(ii) the date on which the puppy or kitten was examined;

(iii) the breed, sex and age of the puppy or kitten;

(iv) an affirmation that the veterinarian examined the puppy or kitten;

(v) a diagnosis that: (A)(1) the puppy or kitten had previously had a contagious or infectious disease or severe parasitism, currently has a contagious or infectious disease or severe parasitism or has died from a contagious or infectious disease or severe parasitism; (2) that the veterinarian found the presence of symptoms of the disease or severe parasitism; and (3) that the disease or severe parasitism is likely to have been contracted prior to or at the time of the sale or delivery of the puppy or kitten to the buyer; or (B) the puppy or kitten has a congenital or hereditary condition that: (1) significantly and adversely impacts the health of the puppy or kitten; (2) requires hospitalization or a nonelective surgical procedure; or (3) caused the death of the puppy or kitten;

(vi) the precise findings of the examination, diagnostic tests or necropsy;

(vii) the treatment recommended, if any, and an estimate or the actual cost of the treatment;

(viii) an affirmation that the examination occurred: (A) within 14 days after the transfer of the puppy or kitten if the puppy or kitten was declared unfit for sale based on an illness that existed in the puppy or kitten prior to or at the time of the sale or transfer of the puppy or kitten; (B) within 1 year after the sale or transfer of a puppy or kitten if declared unfit for sale based on a hereditary or congenital condition that has a significant adverse effect on its health; or (C) within 1 year after the sale or transfer of a puppy or kitten if the breed, sex or health of the animal was misrepresented at the time of the transfer; and

(ix) the veterinarian’s name and signature and the address and telephone number of the veterinarian’s primary place of veterinary practice.

(b) A puppy or kitten shall not be found unfit for sale based upon:

(i) injuries sustained or illnesses likely to have been contracted subsequent to the date of transfer;

(ii) a health problem or hereditary or congenital condition if the problem or condition was separately disclosed by the seller in writing at the time of sale and the seller and the buyer sign the written disclosure at the time of sale;

(iii) a hereditary or congenital condition if the seller provides the buyer with written documentation at the time of sale or transfer establishing that, prior to breeding, the puppy or kitten’s parents were screened for health issues according to breed-specific protocols

and requirements established by the Canine Health Information Center or a comparable recognized animal health registry; or

(iv) veterinary findings of internal or external parasites unless the puppy or kitten is clinically ill or dies due to the condition.

(i) return the puppy or kitten to the seller for treatment by a veterinarian at no cost to the buyer; provided, however, that the puppy or kitten shall be returned to the buyer when the puppy or kitten’s health has been cleared by the veterinarian.

(ii) return the puppy or kitten to the seller for a refund of the purchase price, the sales tax paid and any additional point of sale fees paid, and reimbursement for reasonable veterinary fees paid for the diagnosis and treatment of the puppy or kitten in an amount not to exceed the original purchase price of the puppy or kitten and the sales tax;

(iii) if a replacement dog or cat of equivalent value is available and satisfactory to the buyer, exchange the puppy or kitten for the dog or cat and provide reimbursement to the buyer for reasonable veterinary fees paid for the diagnosis and treatment of the puppy or kitten in an amount not to exceed 150 percent of the original purchase price of the puppy or kitten, the sales tax paid and any additional point of sale fees paid; or

(iv) retain the purchased puppy or kitten and receive reimbursement for reasonable veterinary fees paid for the diagnosis and treatment of the purchased puppy or kitten in an amount not to exceed the original purchase price of the puppy or kitten, the sales tax paid and any additional point of sale fees paid on the original purchase of the puppy or kitten.

A seller of a puppy or kitten shall inform a buyer of the buyer’s options under this section at the point of sale.

(2) If: (i) within 14 days after delivery of the puppy or kitten the puppy or kitten dies because on an illness that existed in the puppy or kitten prior to or at the time of the sale or delivery of the puppy or kitten; or (ii) within 1 year after the sale or delivery of a puppy or kitten the puppy or kitten dies because of a hereditary or congenital condition that has a significant adverse effect on its health, the buyer may obtain reasonable veterinary fees for the diagnosis, treatment and disposal of the purchased puppy or kitten in an amount not to exceed the original purchase price of the puppy or kitten, the sales tax paid and any additional point of sale fees paid and: (A) a refund of the purchase price of the puppy or kitten, the sales tax paid and any additional point of sale fees paid; or (B) a replacement dog or cat that is of equivalent value and satisfactory to the buyer.

(3) Nothing in this subsection shall require a seller to provide a buyer with a replacement dog or cat if a replacement dog or cat is not available.

For the purpose of this subsection, “puppy” or “kitten” shall mean a puppy or kitten that was under 1 year of age at the time of purchase.

(d) If a seller wishes to contest a demand made by a buyer for veterinary expenses or for a refund or an exchange under this section, the seller may require the buyer to produce the puppy or kitten for examination by a second licensed veterinarian designated by the seller and at the seller’s expense not more than 30 days after the demand. If the puppy or kitten is deceased, the seller may have the second veterinarian review records provided by the buyer’s veterinarian, including the necropsy report. If the buyer and the seller are unable to reach an agreement as set forth in subsection (d) within 10 business days after receipt of the purchased puppy or kitten for the examination, the buyer may initiate an action in a court of competent jurisdiction to recover or obtain a reimbursement of veterinary expenses or for a refund or an exchange.

(e) Unless the seller contests the remedy chosen by the buyer under subsection (c), the remedy shall be made to the buyer not more than 30 days after the seller receives the veterinarian’s statement that the puppy or kitten was unfit for sale.

(f) Nothing in this section shall limit the rights or remedies otherwise available to a buyer under any other law.

(g) This section shall not apply to: (i) shelters or nonprofit organizations that house or adopt animals to protect the animals from cruelty, neglect, abuse or homelessness; (ii) municipal animal control facilities; and (iii) facilities that contract with a municipality to assist in the adoption of stray animals as part of the municipality’s animal control services.

SECTION 14. Chapter 140 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 141D the following section:-

Section 141E. No person shall sell or offer for sale a puppy or kitten that is under 8 weeks of age. A violation of this subsection shall be punished by a fine of $100 for each puppy or kitten transferred.

SECTION 15. Chapter 140 of the General Laws is hereby amended by inserting after section 141E. the following section:-

Section 141F. (a) No person shall sell, exchange, trade, barter, lease or display for commercial purposes any dog or cat on any roadside, public right-of-way, parkway, median, park or other recreation area, flea market or other outdoor market, or commercial or retail parking lot.

(b) This section shall not apply to: (1) the transfer of a dog or cat by, or to, a shelter, municipal animal control facility or animal rescue organization that is registered with the department, if required, and regardless of payment or compensation; or (2) the display of a dog or cat as part of a state or county fair exhibition, a 4-H program or similar exhibition or educational program.

(c) A person that violates this section shall be punished by a fine of not more than $50 for a first offense, a fine of not more than $100 for a second offense and a fine of not more than $300 for a third or subsequent offense. Each dog or cat sold in violation of this section shall constitute a separate offense.

(d) A city or town shall enforce this section through its animal control officers or police officers in a manner consistent with the disposition provisions in section 21D of chapter 40.

Section 141G: Mandatory micro chipping requirement

(a) No pet shop or animal rescue group shall release a dog or cat to a purchaser or adopter unless:

(1) such animal has been implanted with a microchip as a permanent identification;

(2) such pet shop or animal rescue group has registered such animal's microchip with such purchaser's contact information with a bona fide pet microchip registration company; and

(3) such pet shop or animal rescue group has provided such purchaser with (i) usage instructions for such microchip provided by the manufacturer of such microchip or the company with which such microchip is registered and (ii) written certification of compliance with paragraphs one and two of this subdivision, signed by such purchaser as acknowledgement of receipt, in a form and manner set forth in rules promulgated by the department.

(b) Every pet shop and animal rescue group shall retain for a period of two years from the date of sale of any dog or cat, a copy of the certification signed by the purchaser required by paragraph three of subdivision a of this section.

SECTION 16. Section 174E of chapter 140 of the General Laws, as so appearing, is hereby amended by striking subsections (g) through (i) and inserting in place thereof the following 5 subsections:-

(g) No person owning or keeping a domestic animal shall subject the animal to “cruel conditions.”

For the purposes of this section, a “domestic animal” is all animals, regardless of their purpose or use, including livestock, that are kept as a domestic animal.

For the purposes of this subsection, "cruel conditions” includes, but is not limited to, the following:

(1) exposure to excessive animal waste, garbage, non-potable water, excessive noxious odors that create a health threat to people or animals, dangerous objects or other animals that could injure or kill an animal upon contact, other circumstances that could cause harm to the health or safety of the animal based on species, age or physical condition; or failure to provide access to appropriate food and water based on the animal’s species, age and physical condition.

(2) lack of protection when wind or environmental or weather conditions pose an adverse risk to the health or safety of the animal based on the animal’s species, age, or physical condition.

(h) A person who violates this section shall: (i) for a first offense, be issued a written warning or punished by a fine of not more than $50; (ii) for a second offense, be punished by a fine of not more than $200; and (iii) for a third or subsequent offense, be punished by a fine of not more than $500; provided, however, that for a third or subsequent offense, the animal may be subject to impoundment in a local shelter or appropriate facility at the owner's, keeper’s or guardian's expense pending compliance with this section, or loss of ownership of the animal.

(i) A special state police officer appointed by the colonel of state police at the request of the Massachusetts Society for the Prevention of Cruelty to Animals or the Animal Rescue League of Boston pursuant to section 57 of chapter 22C may enforce this section pursuant to the notice and court procedures under section 21D of chapter 40 if an animal control officer, after being contacted by the Massachusetts Society for the Prevention of Cruelty to Animals or the Animal Rescue League of Boston in response to a violation of this section, is unresponsive or unavailable.

(j) A city or town shall enforce this section through its animal control officers or policeofficers in a manner consistent with the disposition provisions in section 21D of chapter 40.

(k) Nothing in this section shall preclude prosecution under section 77 of chapter 272.

SECTION 17. Chapter 140 of the General Laws is hereby further amended by inserting after section 174F, the following section:-

Section 174G. The department shall promulgate rules and regulations for boarding kennels and daycare facilities for dogs and cats, including home-based kennels and catteries and daycare facilities, including, but not limited to staff to dog and cat ratios, group sizes and supervision, minimum housing and care requirements, indoor and outdoor physical facility requirements, dog and cat handling, insurance, and penalties for violation thereof.

The department shall make rules and regulations for the maintenance and inspection of commercial breeder kennels or catteries and personal kennels or catteries in which not less than 5 sexually-intact female dogs or cats are kept for the purpose of breeding the dogs or cats and sell the offspring as household pets. The rules and regulations shall ensure that the dogs, cats and offspring thereof: (i) have proper housing, which shall include requirements for adequate space, temperature, solid flooring and a prohibition on the stacking of cages, nutrition, hydration, behavioral requirements, grooming, staffing, handling, health and veterinary care, waste disposal, exercise, socialization and other general standards of care; (ii) are bred in accordance with responsible breeding practices; and (iii) have their housing regularly inspected to ensure that their kennels and catteries are maintained in accordance with this section.

In developing rules and regulations under this section, the department shall consider the recommended standards of the American Veterinary Medical Association. The rules and regulations must be promulgated not more than 18 months after date of enactment.

SECTION 18. This act shall take effect on January 1, 2021