Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H826 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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HOUSE DOCKET, NO. 1228       FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 826
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Natalie M. Higgins and Kimberly N. Ferguson
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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 banning the retail sale of dogs, cats, and rabbits in new pet shops.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Natalie M. Higgins4th Worcester1/18/2023Kimberly N. Ferguson1st Worcester1/18/2023Jack Patrick Lewis7th Middlesex1/23/2023Adam Scanlon14th Bristol1/23/2023Lindsay N. Sabadosa1st Hampshire1/27/2023Brian W. Murray10th Worcester1/30/2023Ryan M. Hamilton15th Essex2/2/2023Brian M. Ashe2nd Hampden2/3/2023John Barrett, III1st Berkshire2/3/2023Samantha Montaño15th Suffolk2/6/2023Angelo J. Puppolo, Jr.12th Hampden2/6/2023David Henry Argosky LeBoeuf17th Worcester2/6/2023William C. Galvin6th Norfolk2/8/2023Michelle M. DuBois10th Plymouth2/8/2023Paul McMurtry11th Norfolk2/8/2023Colleen M. Garry36th Middlesex2/9/2023Hannah Kane11th Worcester2/9/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/14/2023 2 of 2
Denise C. Garlick13th Norfolk2/15/2023Kathleen R. LaNatra12th Plymouth2/15/2023Joseph D. McKenna18th Worcester2/17/2023James K. Hawkins2nd Bristol2/24/2023Marcus S. Vaughn9th Norfolk3/6/2023Steven S. Howitt4th Bristol3/7/2023James C. Arena-DeRosa8th Middlesex3/7/2023Jessica Ann Giannino16th Suffolk3/7/2023Bradley H. Jones, Jr.20th Middlesex3/7/2023Carmine Lawrence Gentile13th Middlesex3/7/2023Patrick Joseph Kearney4th Plymouth3/7/2023Margaret R. Scarsdale1st Middlesex3/7/2023Simon Cataldo14th Middlesex3/7/2023Patricia A. Duffy5th Hampden3/10/2023Rodney M. Elliott16th Middlesex3/10/2023James Arciero2nd Middlesex3/10/2023Carol A. Doherty3rd Bristol3/10/2023Bruce J. Ayers1st Norfolk3/10/2023Adrianne Pusateri Ramos14th Essex3/10/2023James B. EldridgeMiddlesex and Worcester3/12/2023Jennifer Balinsky Armini8th Essex3/12/2023 1 of 2
HOUSE DOCKET, NO. 1228       FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 826
By Representatives Higgins of Leominster and Ferguson of Holden, a petition (accompanied by 
bill, House, No. 826) of Natalie M. Higgins, Kimberly N. Ferguson and others for legislation to 
further regulate the retail sale of certain domestic animals in new pet shops. Environment and 
Natural Resources.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act banning the retail sale of dogs, cats, and rabbits in new pet shops.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. Section 39A of Chapter 129 of the General Laws, as appearing in the 2020 
2Official Edition, is hereby amended by inserting before the word “Every”, in line 1, the letter:-
3 (a)
4 SECTION 2. Section 39A of Chapter 129 of the General Law, , is hereby further 
5amended by striking out the word “section”, in line 13, and inserting in place thereof the 
6following word:-
7 subsection
8 SECTION 3. Section 39A of Chapter 129 of the General Laws is hereby further amended 
9by inserting after subsection (a) the following new subsections:- 2 of 2
10 (b) No person engaged in the business of operating a pet shop for which a license must be 
11obtained pursuant to subsection (a); and are regulated under 330 CMR 12.00 shall sell or offer 
12for sale a dog or cat, unless:
13 (1) the person engaged in the business of operating the pet shop received a Class A 
14license from the Massachusetts Department of Agricultural Resources on or before the effective 
15date of this act; and
16 (2) such person only sells or offers for sale dogs or cats from the location licensed to sell 
17or offer for sale dogs or cats under subsection (b) paragraph (1).
18 (c) No person engaged in the business of operating a pet shop for which a license must be 
19obtained pursuant to subsection (a); and are regulated under 330 CMR 12.00 shall sell or offer 
20for sale a rabbit, unless:
21 (1) the person engaged in the business of operating the pet shop sold rabbits on or before 
22the effective date of this act; and
23 (2) such person only sells or offers for sale rabbits from the location licensed to sell or 
24offer for sale animals under 330 CMR 12.00.
25 (d) Nothing in subsections (b) or (c) shall affect the authority of any town, city, or other 
26locality to regulate or prohibit the sale of dogs, cats, or rabbits. 
27 SECTION 4. Whereas, the deferred operation of this act would tend to defeat its purpose, 
28which is to establish forthwith certain changes to pet shop licensing and operations law, 
29therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation 
30of the public health.