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SENATE DOCKET, NO. 1690         FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 741

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Robert L. Hedlund

_______________

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:

Robert L. Hedlund

Plymouth and Norfolk

Thomas M. Stanley

9th Middlesex

Martha M. Walz

8th Suffolk

John P. Fresolo

16th Worcester

Cleon H. Turner

1st Barnstable

Kay Khan

11th Middlesex

Chris Walsh

6th Middlesex

Angelo J. Puppolo, Jr.

12th Hampden

Paul McMurtry

11th Norfolk

Patricia D. Jehlen

Second Middlesex

Dennis A. Rosa

4th Worcester

Angelo L. D'Emilia

8th Plymouth

John F. Keenan

Norfolk and Plymouth

William N. Brownsberger

Second Suffolk and Middlesex

David M. Rogers

24th Middlesex

Christine E. Canavan

10th Plymouth

Ruth B. Balser

12th Middlesex

Timothy R. Madden

Barnstable, Dukes and Nantucket

Elizabeth A. Malia

11th Suffolk

William Smitty Pignatelli

4th Berkshire

John D. Keenan

7th Essex

David B. Sullivan

6th Bristol

Mark C. Montigny

Second Bristol and Plymouth

James R. Miceli

19th Middlesex

Kenneth J. Donnelly

Fourth Middlesex

Christopher G. Fallon

33rd Middlesex

Thomas J. Calter

12th Plymouth

Michael Barrett

Third Middlesex

Sonia Chang-Diaz

Second Suffolk

Karen E. Spilka

Second Middlesex and Norfolk

Benjamin B. Downing

Berkshire, Hampshire, Franklin and Hampden

Cynthia S. Creem

First Middlesex and Norfolk

Mark J. Cusack

5th Norfolk

Michael F. Rush

Norfolk and Suffolk

Gale D. Candaras

First Hampden and Hampshire

Harold P. Naughton, Jr.

12th Worcester

Denise Provost

27th Middlesex

Ellen Story

3rd Hampshire

Geoff Diehl

7th Plymouth

Harriette L. Chandler

First Worcester

Paul Brodeur

32nd Middlesex

Thomas M. McGee

Third Essex

Kathleen O'Connor Ives

First Essex

Alice Hanlon Peisch

14th Norfolk


SENATE DOCKET, NO. 1690        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 741

By Mr. Hedlund, a petition (accompanied by bill, Senate, No. 741) of Robert L. Hedlund, Thomas M. Stanley, Martha M. Walz, John P. Fresolo and other members of the General Court for legislation to prevent animal cruelty.  The Judiciary. 


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, or calf raised for veal who is kept on a farm.

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

                                          (4) "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.

                                          (5) "Fully extending his or her limbs" means fully extending all limbs without touching the side of an enclosure

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

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

                                          (8) "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 one year after its passage.

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