Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S502 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 100 FILED ON: 1/10/2023
3	3	SENATE . . . . . . . . . . . . . . No. 502
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Anne M. Gobi
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 reducing food insecurity.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Anne M. GobiWorcester and HampshireJason M. LewisFifth Middlesex2/1/2023 1 of 5
16	16	SENATE DOCKET, NO. 100 FILED ON: 1/10/2023
17	17	SENATE . . . . . . . . . . . . . . No. 502
18	18	By Ms. Gobi, a petition (accompanied by bill, Senate, No. 502) of Anne M. Gobi and Jason M.
19	19	Lewis for legislation relative to reducing food insecurity. Environment and Natural Resources.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 549 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 reducing food insecurity.
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 The General Laws are hereby amended by adding, in chapter 131, the following new
31	31	2section:-
32	32	3 SECTION XX: (A) In this chapter, unless the context otherwise requires, the following
33	33	4words shall have the following definitions:
34	34	5 “Approved Organization”, any non-profit Massachusetts Sportsman’s club; civic
35	35	6organization, including, but not limited to, food pantries, soup kitchens, and other organizations
36	36	7that provide free or reduced cost ingredients or meals; church, synagogue, or other religious
37	37	8entity; museum, natural history association, or similar non-profit organization.
38	38	9 “Director”, the Director of the Division of Fisheries and Wildlife, or his or her agents. 2 of 5
39	39	10 “Eligible person”, the driver of a motor vehicle which collided with a salvageable animal,
40	40	11or any passenger in such vehicle, provided that such person be domiciled in Massachusetts.
41	41	12 “Environmental Police Officer or EPO”, The Director of the Office of Law Enforcement,
42	42	13deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement,
43	43	14environmental police officers, and other such enforcement officers of the Office of Law
44	44	15Enforcement, as may be appointed pursuant to Chapter 21 Section 6 of the Massachusetts
45	45	16General Laws.
46	46	17 “Salvage”, The lawful rendering into possession of a salvageable animal by an eligible
47	47	18person in accordance with regulations promulgated by the Director.
48	48	19 “Salvageable animal”, Animal killed by accidental collision with motor vehicle on a
49	49	20Massachusetts way, or by being seriously injured by such accidental collision and subsequently
50	50	21killed at the scene of the collision by a law enforcement officer.
51	51	22 (B) Upon the killing of a salvageable animal, an eligible person who intends to salvage
52	52	23such animal shall immediately, upon taking the carcass of the animal into his possession, notify
53	53	24the Office of Law Enforcement of such intent and shall report to such Office his name, address,
54	54	25and the date, place, and time of the killing of the animal. In the event that the Office of Law
55	55	26Enforcement cannot be so contacted, the eligible person shall immediately notify the municipal
56	56	27police in which the animal was killed, or the nearest State Police Barracks, and shall request that
57	57	28such police log the incident, including the name and address of the eligible person and the date,
58	58	29place, and time of the killing of the animal.
59	59	30 (C) Within 24 hours after the killing of a salvageable animal, the person shall transport
60	60	31the carcass of the animal to an installation or field office of the Division of Fisheries and 3 of 5
61	61	32Wildlife or of the Office of Law Enforcement, or, if so directed when undertaking the reporting
62	62	33specified in subsection (B) of this section, to an Environmental Police Officer at such place and
63	63	34time as the EPO shall specify. The EPO or official agent in charge of the installation or field
64	64	35office shall cause the animal to be tagged with an official seal and shall complete and issue to the
65	65	36eligible person a permit which shall be issued at no charge and which shall allow him to possess
66	66	37and transport the salvageable animal. The official seal shall remain attached to the animal carcass
67	67	38while the carcass is being transported and until the carcass is butchered or otherwise prepared for
68	68	39food purposes. The eligible person shall retain the permit until all edible parts of the animal shall
69	69	40have been consumed.
70	70	41 (D) Animals or parts thereof salvaged under the provisions of this section shall not be
71	71	42sold, bartered, or exchanged for consideration, provided that nothing in this section shall be
72	72	43deemed to preclude the retention for personal use by an eligible person of the head, hide, hooves,
73	73	44and shinbones of such salvageable animal as he shall have been permitted to possess. In the
74	74	45event that the salvageable animal shall be disposed of in accordance to subsection (A) of this
75	75	46section to an approved organization for distribution as food, it shall be understood that any
76	76	47charge or fee requested by such approved organization shall be considered a donation to the
77	77	48organization and not a charge or fee.
78	78	49 (E) In the event that an eligible person does not desire to salvage a salvageable animal, or
79	79	50if the animal is killed by a motor vehicle of which the driver and any passenger is not an eligible
80	80	51person, an Environmental Police Officer may dispose of such animal to any approved
81	81	52organization in subsection (A) or to any person domiciled in Massachusetts, provided that any
82	82	53animal so disposed of shall be tagged and a permit issued as specified in subsection (C). The
83	83	54permit shall be issued in the name of the approved organization or person receiving the animal 4 of 5
84	84	55and shall, if applicable, also bear the name and address of a principal officer of the approved
85	85	56organization.
86	86	57 (F) Animals which shall be deemed inedible or otherwise unsuited for salvage shall be
87	87	58disposed of by lawful burial or incineration or as otherwise ordered by the Director of the Office
88	88	59of Law Enforcement, or by employees of a city or town or of the Department of Transportation,
89	89	60by burial or incineration in accordance with such permit or authorization as shall be issued by the
90	90	61Director, or by disposition to such person or approved organization as shall be approved by the
91	91	62Director or an Environmental Police officer.
92	92	63 (G) No organization that serves or distributes meals or packaged raw meat acquired under
93	93	64the provisions of this section, when acting in good faith that the food is wholesome and fit for
94	94	65human consumption, shall not be subject to criminal penalty for violation of unfair trade practice
95	95	66laws or civil damages arising from the condition or consumption of such food, unless an injury is
96	96	67caused by gross negligence, recklessness, or intentional misconduct. The good-faith donor of any
97	97	68apparently wholesome meat, fit for human consumption, to such organizations shall not be
98	98	69subject to criminal penalty for violation of unfair trade practice laws or civil damages arising
99	99	70from the condition or consumption of such food, unless an injury is caused by gross negligence,
100	100	71recklessness, or intentional misconduct.
101	101	72 (H) The department shall annually submit a report detailing incidences and locations of
102	102	73animals killed by collision with vehicles, whether or not such animals were salvaged, and, if so,
103	103	74by whom, and which people and organizations received donations of such meat. The report shall
104	104	75be submitted to the Department of Transportation, the Department of Public Health, and the
105	105	76clerks of the House and Senate of the Massachusetts General Court. The report shall further, to 5 of 5
106	106	77the extent practicable, be made available on the Department website, providing, however, that
107	107	78confidential information may be left out of such public reporting.