SENATE DOCKET, NO. 848        FILED ON: 2/9/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 230

The Commonwealth of Massachusetts

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PRESENTED BY:

Patrick M. O'Connor

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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 ban the retail sale of cats and dogs in pet shops.

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PETITION OF:

SENATE DOCKET, NO. 848        FILED ON: 2/9/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 230

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 175 OF 2019-2020.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act to ban the retail sale of cats and dogs in pet shops.

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 129 of the General Laws is hereby amended by adding the following new section:-

Section 39H. (a) For the purpose of this section, the following words shall have the following meanings:

“Animal Shelter”, means a public animal control facility or other facility which is operated by an organization or individual for the purpose of protecting animals from cruelty, neglect or abuse and, if required, is registered with the state’s Department Agricultural Resources. The term does not include an entity that is a breeder or broker or that obtains dogs or cats from a breeder or broker for payment or consideration

“Animal Rescue Organization”, means a non-for-profit organization that has tax-exempt status under section 501(c)(3) of the Internal Revenue Code and is registered with the state’s Department of Agricultural Resources, if required, and that either on its own behalf or as a facilitator for others engages or arranges for others to engage in the activities of transferring ownership of domestic animals. The term does not include an entity that is a breeder or broker or that obtains dogs or cats from a breeder or broker for payment or compensation.

“Breeder” means a person that maintains dogs or cats for the purpose of breeding and selling their offspring.

“Broker” means a person that transfers dogs or cats for resale by another person.

“Pet shop” means any place or premise where birds, mammals, or reptiles are kept for the purpose of either wholesale or retail sale, import, export, barter, exchange or gift.

(b) A pet shop may not sell, deliver, offer for sale, barter, auction or otherwise dispose of a dog or cat except as provided in subsection (c).

(c) The provisions of subsection (b) shall not apply to: (1) A public or private charitable nonprofit animal shelter or animal rescue organization; (2) A pet shop offering a dog or cat owned by a public or private charitable nonprofit animal shelter or animal rescue organization for purposes of adoption of the dog or cat by a member of the public, so long as the pet shop does not receive any fee from the adoption and does not have any monetary or ownership interest in the dog or cat.

(d) Each pet shop shall maintain records sufficient to document the source of each dog or cat that the pet shop acquires for at least one year following the date of acquisition. Such records shall be made available, immediately upon request, to any officer of the Division of Animal Health.

(e) A person who violates this section shall be punished by fine of not more $500. Each dog or cat sold or offered for sale in violation of this section shall constitute a separate offense.

SECTION 2. This act shall go into effect 90 days after its passage.