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HOUSE DOCKET, NO. 83        FILED ON: 1/7/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 458


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

31st Middlesex

William N. Brownsberger


Ellen Story

3rd Hampshire

James B. Eldridge


Frank I. Smizik

15th Norfolk

Stephen L. DiNatale

3rd Worcester

Lori A. Ehrlich

8th Essex

James J. Lyons, Jr.

18th Essex

Angelo J. Puppolo, Jr.

12th Hampden

Paul A. Schmid, III

8th Bristol

Carl M. Sciortino, Jr.

34th Middlesex

Alice K. Wolf

25th Middlesex

John P. Fresolo

16th Worcester

Sean Garballey

23rd Middlesex

Thomas M. Stanley

9th Middlesex

Martin J. Walsh

13th Suffolk

Patricia D. Jehlen


Steven L. Levy

4th Middlesex

Aaron Michlewitz

3rd Suffolk

Timothy J. Toomey, Jr.

26th Middlesex

James Arciero

2nd Middlesex

Ruth B. Balser

12th Middlesex

John J. Binienda

17th Worcester

Thomas J. Calter

12th Plymouth

Linda Campbell

15th Essex

Christine E. Canavan

10th Plymouth

John V. Fernandes

10th Worcester

Sheila C. Harrington

1st Middlesex

Kay Khan

11th Middlesex

Peter V. Kocot

1st Hampshire

Timothy R. Madden

Barnstable, Dukes and Nantucket

Elizabeth A. Malia

11th Suffolk

George T. Ross

2nd Bristol

Byron Rushing

9th Suffolk

Walter F. Timilty

7th Norfolk

Martha M. Walz

8th Suffolk

Cory Atkins

14th Middlesex

Nick Collins

4th Suffolk

Thomas P. Conroy

13th Middlesex

Louis L. Kafka

8th Norfolk

John D. Keenan

7th Essex

Paul McMurtry

11th Norfolk

James J. O'Day

14th Worcester

David B. Sullivan

6th Bristol

Cleon H. Turner

1st Barnstable

Chris Walsh

6th Middlesex

David M. Torrisi

14th Essex

Katherine M. Clark

Middlesex and Essex

Angelo L. D'Emilia

8th Plymouth

Jonathan Hecht

29th Middlesex

Benjamin Swan

11th Hampden

Thomas M. Petrolati

7th Hampden

Paul Adams

17th Essex

Thomas A. Golden, Jr.

16th Middlesex

HOUSE DOCKET, NO. 83        FILED ON: 1/7/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 458

By Mr. Lewis of Winchester, a petition (accompanied by bill, House, No. 458) 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. 


The Commonwealth of Massachusetts



In the Year Two Thousand Eleven



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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