Amendment #2 to S3028

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

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, in line 1, before the word “Every”, the following letter:- (a)

SECTION XXXX. 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 XXXX. 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 for at least one year before the effective date of this act or the ownership of a spouse, domestic partner or child of the person who owned the pet shop for at least one year before the effective date of this act and that family transfer of ownership is reported to the department of agricultural resources; (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 offer for sale or actual sale of an animal in violation of subsection (b) shall constitute a separate violation.

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

Additional co-sponsor(s) added to Amendment #2 to S3028

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