Amendment #133 to H4789

Facilitating the transition to a humane pet store model in the Commonwealth

Representatives Higgins of Leominster and Ferguson of Holden move to amend the bill by adding the following sections:

SECTION XXXX. Section 39A of Chapter 129 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting before the word “Every”, in line 1, the letter:- (a).

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

SECTION XXXX. Said section 39A is hereby further amended by inserting after paragraph (a) the following new paragraphs:-

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

(c) Paragraph (b) shall not be construed to prohibit a pet shop 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) Nothing in paragraphs (b) or (c) shall affect the authority of any town, city, or other locality to regulate or prohibit the sale of dogs, cats, or rabbits.

(e) Notwithstanding the provisions of section 43 of this chapter, a person who violates paragraph (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 person’s pet shop license. Each advertisement or offer for sale or actual sale of an animal in violation of paragraph (b) shall constitute a separate violation.

SECTION XXXX. The provisions of paragraph (b) of section 39A of Chapter 129 of the General Laws shall not apply to a pet shop lawfully offering dogs, cats, or rabbits for sale in the Commonwealth on or before the effective date of this act, provided that the pet shop: (i) maintains a valid license to operate and engage in such sales; (ii) remains in the same ownership as existed on the effective date of this act; and (iii) sells dogs, cats, and rabbits only from the location listed on the applicable license.

SECTION XXXX. This act shall go into effect 30 days after its passage.

Additional co-sponsor(s) added to Amendment #133 to H4789

Facilitating the transition to a humane pet store model in the Commonwealth