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

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


The Commonwealth of Massachusetts



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.






Jason M. Lewis

Fifth Middlesex

Gailanne M. Cariddi

1st Berkshire

Jonathan Hecht

29th Middlesex

Patricia D. Jehlen

Second Middlesex

Peter V. Kocot

1st Hampshire

Cleon H. Turner

1st Barnstable

David M. Rogers

24th Middlesex

Denise Provost

27th Middlesex

Carlo Basile

1st Suffolk

John P. Fresolo

16th Worcester

Josh S. Cutler

6th Plymouth

Eugene L. O'Flaherty

2nd Suffolk

Angelo J. Puppolo, Jr.

12th Hampden

Timothy J. Toomey, Jr.

26th Middlesex

Tom Sannicandro

7th Middlesex

William N. Brownsberger

Second Suffolk and Middlesex

Kathi-Anne Reinstein

16th Suffolk

Mark J. Cusack

5th Norfolk

Ruth B. Balser

12th Middlesex

Martha M. Walz

8th Suffolk

Lori A. Ehrlich

8th Essex

Frank I. Smizik

15th Norfolk

Kay Khan

11th Middlesex

Chris Walsh

6th Middlesex

Martin J. Walsh

13th Suffolk

Cheryl A. Coakley-Rivera

10th Hampden

James B. Eldridge

Middlesex and Worcester

Carl M. Sciortino, Jr.

34th Middlesex

James J. Dwyer

30th Middlesex

John F. Keenan

Norfolk and Plymouth

Kenneth I. Gordon

21st Middlesex

James J. O'Day

14th Worcester

Paul McMurtry

11th Norfolk

Cory Atkins

14th Middlesex

Sean Garballey

23rd Middlesex

Christine E. Canavan

10th Plymouth

Timothy R. Madden

Barnstable, Dukes and Nantucket

Aaron Vega

5th Hampden

William Smitty Pignatelli

4th Berkshire

Mark C. Montigny

Second Bristol and Plymouth

Thomas M. Stanley

9th Middlesex

Katherine M. Clark

Fifth Middlesex

Walter F. Timilty

7th Norfolk

James M. Murphy

4th Norfolk

John J. Binienda

17th Worcester

Alice Hanlon Peisch

14th Norfolk

Angelo L. D'Emilia

8th Plymouth

Dennis A. Rosa

4th Worcester

Brian R. Mannal

2nd Barnstable

Marjorie C. Decker

25th Middlesex

Paul R. Heroux

2nd Bristol

Paul Brodeur

32nd Middlesex

Byron Rushing

9th Suffolk

Brian M. Ashe

2nd Hampden

Theodore C. Speliotis

13th Essex

Sheila C. Harrington

1st Middlesex

Daniel A. Wolf

Cape and Islands

Denise C. Garlick

13th Norfolk

Aaron Michlewitz

3rd Suffolk

Thomas P. Conroy

13th Middlesex

Thomas A. Golden, Jr.

16th Middlesex

Steven M. Walsh

11th Essex

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. 


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 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


                            (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.

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