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The 191st General Court of the Commonwealth of Massachusetts

Section 43: Poisons

Section 43. A person shall not place poison in any form whatsoever for the purpose of killing any mammal or bird except pursuant to a permit issued under the provisions of this section; provided, that this section shall not prohibit any person from placing in his orchard or in or near his dwelling house, barn or other buildings poison for the purpose of destroying rats, woodchucks or other pests of like nature, or from placing with like intent under the surface of his lands carbon disulphide in any of its forms or any other poison applied in a manner similar to that in which carbon disulphide is applied. The director is hereby authorized to make rules and regulations and, pursuant to the terms thereof, to issue permits to the owners or agents of forest plantations or orchards to place poison for the extermination of rats, mice and other pests of like nature therein and to employees of municipal, state and federal governments and to others found by the director to be qualified persons to place poison elsewhere, for the control of animals and birds, in connection with public health, wood tick suppression and control, propagation and protection of wild birds and mammals, and purposes of a similar nature, or to place poison within an area specified in such permit for the purpose of killing birds which may lawfully be killed under federal and state law and which are present in such area in such numbers as in the opinion of the director to constitute a public nuisance or endanger health or safety. Possession of the raw fur of any mammal or the dead body of any bird killed by poison, except rats, mice, woodchucks or other pests of like nature, shall be prima facie evidence that the person having such possession has violated this section unless he is an employee of the federal government or an employee of the commonwealth or a political subdivision thereof to whom a permit has been issued under the provisions of this section.