Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2027 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1174 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2027
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bruce J. Ayers
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to puppy mills.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Bruce J. Ayers1st Norfolk1/18/2023 1 of 4
16	16	HOUSE DOCKET, NO. 1174 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2027
18	18	By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 2027) of Bruce
19	19	J. Ayers relative to commercial breeder dog kennels. Municipalities and Regional Government.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 2130 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to puppy mills.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 136A of chapter 140 of the General Laws is hereby amended by
31	31	2striking out, in line 49, the words “, commercial breeder kennel”.
32	32	3 SECTION 2. Said chapter 140 is hereby amended by inserting after section 137D, as so
33	33	4appearing, the following section:-
34	34	5 Section 137E. (a) A person maintaining a commercial breeder kennel shall obtain a
35	35	6breeder license to be issued by the city or town in which such commercial breeder kennel is
36	36	7located. Each such license shall be renewed annually upon application of the commercial breeder
37	37	8kennel to such city or town.
38	38	9 (b) A breeder license shall be in lieu of any other license for a dog kept at the kennel
39	39	10during any portion of the period for which the breeder license is valid. A breeder licensee shall 2 of 4
40	40	11cause each dog kept in its kennel to wear, while it is at large, a collar or harness of leather or
41	41	12other suitable material, to which a tag shall be securely attached. The tag shall have inscribed
42	42	13upon it the number of the breeder license, the name of the city or town issuing the breeder
43	43	14license and the year of issue. Tags shall be furnished to the owner or keeper by the licensing
44	44	15authority in quantities not less than the number of dogs kept in the kennel. The issuing city or
45	45	16town shall determine the period of time for which a breeder license shall be valid, including the
46	46	17date of issuance of the breeder license through the date on which the breeder license expires,
47	47	18inclusive, and shall further determine the fee for the issuance and renewal of the breeder license.
48	48	19To determine the amount of the breeder license fee for a commercial breeder kennel, a dog under
49	49	20the age of 6 months shall not be counted in the number of dogs kept in a kennel. The name and
50	50	21address of the owner of each dog kept in a kennel, if other than the person maintaining the
51	51	22kennel, shall be kept at the kennel and available for inspection by an animal control officer,
52	52	23natural resource officer, deputy natural resource officer, fish and game warden or police officer.
53	53	24 (c) Every holder of a breeder license, on delivering an unlicensed dog to a purchaser or to
54	54	25any other person, shall attach to such dog a collar or harness which shall carry a tag marked with
55	55	26the name and address of such breeder licensee, and a number, which number shall be properly
56	56	27recorded on the records of such licensee, and shall also furnish to the person to whom the dog is
57	57	28delivered a certificate bearing the same number and a description of the dog. Such certificate
58	58	29shall bear the date of purchase, exchange or gift and, with the tag, shall, for a period of two
59	59	30weeks following such date, be a legal substitute for a license. The purchaser or other recipient of
60	60	31a dog shall, within 2 weeks of the purchase or receipt of such dog, either return the same to the
61	61	32breeder licensee from whom it was received, together with the collar or harness, tag and
62	62	33certificate, or return to such licensee said tag, and a certificate signed by the clerk of the town or 3 of 4
63	63	34city where the dog is to be kept and certifying that the dog has been licensed in the name of such
64	64	35purchaser or recipient or of some other person. If any such purchaser or recipient fails to comply
65	65	36with the preceding sentence, such breeder licensee shall notify the clerk of the town or city in
66	66	37which he is licensed of the purchase, exchange or gift of such dog and shall furnish to such clerk
67	67	38the date thereof, and the name and address of the purchaser or recipient.
68	68	39 (d) The commissioner or a animal control officer may at any time inspect, or cause to be
69	69	40inspected by a registered veterinarian approved by the commissioner, any commercial breeder
70	70	41kennel and if, in the judgment of the commissioner: (1) such location is not being maintained in a
71	71	42sanitary and humane manner; (2) the owner or keeper of such location does not comply with the
72	72	43standard of care applicable to breeders, as set forth by the commissioner; or (3) if the
73	73	44commissioner finds that communicable or infectious disease or other unsatisfactory conditions
74	74	45exist, the commissioner may issue such orders as the commissioner deems necessary for the
75	75	46correction of such conditions and may quarantine the premises and animals. If the owner or
76	76	47keeper of such location fails to comply with such orders, the commissioner may recommend the
77	77	48revocation or suspension of such license to the city or town that issued such license.
78	78	49 (e) Any person aggrieved by any order issued under the provisions of this section may
79	79	50appeal to the superior court.
80	80	51 (d) Any commercial breeder kennel that sells or exchanges a dog after such license has
81	81	52been revoked or suspended pursuant to this section shall be fined not less than $50 nor more than
82	82	53$100. 4 of 4
83	83	54 SECTION 3. Section 137C of chapter 140 is hereby amended by inserting after the word
84	84	55“kennel”, in line 3, the first time it appears the following words:- , which for purposes of this
85	85	56section shall include a commercial breeder kennel.
86	86	57 SECTION 4. (e) Not later than December 31, 2025, the commissioner of agricultural
87	87	58resources shall prescribe the standard of care to be provided to dogs by any owner or keeper of a
88	88	59commercial breeder kennel pursuant to section 137E of chapter 140 of the General Laws. Such
89	89	60standard of care shall require, at a minimum, the commercial breeder kennel to provide
90	90	61appropriate living space, shelter, nutrition and sanitary conditions to each dog housed at the
91	91	62commercial breeder kennel, whether or not the dog is to be sold.