SENATE DOCKET, NO. 1155        FILED ON: 1/15/2025

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

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 banning the retail sale of dogs, cats, and rabbits in new pet shops.

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PETITION OF:

SENATE DOCKET, NO. 1155        FILED ON: 1/15/2025

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 549 OF 2023-2024.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)

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An Act banning the retail sale of dogs, cats, and rabbits in new 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. Section 39A of chapter 129 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting, in line 1, before the word “Every”, the following letter:- (a)

SECTION 2. Said section 39A is hereby further amended by striking out, in line 13, the word “section”, and inserting in place thereof the following word:- subsection

SECTION 3. Said section 39A is hereby further amended by inserting after subsection (a) the following 4 subsections:-

(b) No person engaged in the business of operating a pet shop regulated under 330 CMR 12.00 for which a license must be obtained pursuant to subsection (a) shall sell or offer for sale a dog, cat, or rabbit.

(c) Subsection (b) shall not be construed to prohibit a pet shop regulated under 330 CMR 12.00 from offering space to an animal rescue or shelter organization to showcase dogs, cats, or rabbits for adoption so long as the pet shop does not have an ownership interest in the animals offered for adoption.

(d) Subsection (b) shall not apply to a pet shop lawfully selling or offering for sale dogs, cats, or rabbits in the Commonwealth on or before the effective date of this act, provided that: (i) the pet shop maintains a valid license to operate and engage in such sales; (ii) the pet shop remains in the same ownership as existed on the effective date of this act; (iii) the pet shop sells or offers for sale dogs, cats, or rabbits only from the location listed on the applicable license; and (iv) the specific type of animal sold by the pet shop, whether dog, cat, or rabbit, is an animal that the pet shop is documented to have engaged in selling or offering for sale for at least one year prior to the effective date of this act.

(e) Notwithstanding the provisions of section 43 of this chapter, a person who violates subsection (b) of this section shall be: (i) assessed a civil penalty of not more than $1,000 for the first offense, not more than $2,500 for the second offense, and not more than $5,000 for third and subsequent offenses; and (ii) subject to suspension or revocation of the pet shop license. Each advertisement or offer for sale or actual sale of an animal in violation of subsection (b) shall constitute a separate violation.

SECTION 4. Nothing in section 39A of chapter 129 of the General Laws shall affect the authority of any town, city, or other locality to regulate or prohibit the sale of dogs, cats, or rabbits.

SECTION 5. This act shall take effect on January 1, 2027.