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| 2 | 2 | | SENATE DOCKET, NO. 1393 FILED ON: 1/19/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 549 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Patrick M. O'Connor |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act banning the retail sale of dogs, cats, and rabbits in new pet shops. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Patrick M. O'ConnorFirst Plymouth and NorfolkAdam Scanlon14th Bristol1/20/2023Jack Patrick Lewis7th Middlesex1/26/2023Michael O. MooreSecond Worcester2/2/2023Angelo J. Puppolo, Jr.12th Hampden2/6/2023John F. KeenanNorfolk and Plymouth2/14/2023James K. Hawkins2nd Bristol2/24/2023Jason M. LewisFifth Middlesex3/3/2023Paul W. MarkBerkshire, Hampden, Franklin and |
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| 16 | 16 | | Hampshire |
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| 17 | 17 | | 3/6/2023Steven S. Howitt4th Bristol3/6/2023Bradley H. Jones, Jr.20th Middlesex3/6/2023 1 of 2 |
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| 18 | 18 | | SENATE DOCKET, NO. 1393 FILED ON: 1/19/2023 |
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| 19 | 19 | | SENATE . . . . . . . . . . . . . . No. 549 |
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| 20 | 20 | | By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 549) of Patrick M. O'Connor, |
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| 21 | 21 | | Adam Scanlon, Jack Patrick Lewis, Michael O. Moore and other members of the General Court |
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| 22 | 22 | | for legislation to ban the retail sale of dogs, cats, and rabbits in new pet shops. Environment and |
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| 23 | 23 | | Natural Resources. |
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| 24 | 24 | | The Commonwealth of Massachusetts |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | In the One Hundred and Ninety-Third General Court |
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| 27 | 27 | | (2023-2024) |
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| 28 | 28 | | _______________ |
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| 29 | 29 | | An Act banning the retail sale of dogs, cats, and rabbits in new pet shops. |
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| 30 | 30 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 31 | 31 | | of the same, as follows: |
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| 32 | 32 | | 1 SECTION 1. Section 39A of Chapter 129 of the General Laws, as appearing in the 2020 |
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| 33 | 33 | | 2Official Edition, is hereby amended by inserting before the word “Every”, in line 1, the letter:-(a) |
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| 34 | 34 | | 3 SECTION 2. Section 39A of Chapter 129 of the General Law, , is hereby further |
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| 35 | 35 | | 4amended by striking out the word “section”, in line 13, and inserting in place thereof the |
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| 36 | 36 | | 5following word:-subsection |
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| 37 | 37 | | 6 SECTION 3. Section 39A of Chapter 129 of the General Laws is hereby further amended |
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| 38 | 38 | | 7by inserting after subsection (a) the following new subsections:- |
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| 39 | 39 | | 8 (b) No person engaged in the business of operating a pet shop for which a license must be |
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| 40 | 40 | | 9obtained pursuant to subsection (a); and are regulated under 330 CMR 12.00 shall sell or offer |
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| 41 | 41 | | 10for sale a dog or cat, unless: 2 of 2 |
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| 42 | 42 | | 11 (1) the person engaged in the business of operating the pet shop received a Class A |
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| 43 | 43 | | 12license from the Massachusetts Department of Agricultural Resources on or before the effective |
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| 44 | 44 | | 13date of this act; and |
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| 45 | 45 | | 14 (2) such person only sells or offers for sale dogs or cats from the location licensed to sell |
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| 46 | 46 | | 15or offer for sale dogs or cats under subsection (b) paragraph (1). |
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| 47 | 47 | | 16 (c) No person engaged in the business of operating a pet shop for which a license must be |
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| 48 | 48 | | 17obtained pursuant to subsection (a); and are regulated under 330 CMR 12.00 shall sell or offer |
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| 49 | 49 | | 18for sale a rabbit, unless: |
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| 50 | 50 | | 19 (1) the person engaged in the business of operating the pet shop sold rabbits on or before |
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| 51 | 51 | | 20the effective date of this act; and |
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| 52 | 52 | | 21 (2) such person only sells or offers for sale rabbits from the location licensed to sell or |
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| 53 | 53 | | 22offer for sale animals under 330 CMR 12.00. |
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| 54 | 54 | | 23 (d) Nothing in subsections (b) or (c) shall affect the authority of any town, city, or other |
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| 55 | 55 | | 24locality to regulate or prohibit the sale of dogs, cats, or rabbits. |
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| 56 | 56 | | 25 SECTION 4. Whereas, the deferred operation of this act would tend to defeat its purpose, |
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| 57 | 57 | | 26which is to establish forthwith certain changes to pet shop licensing and operations law, |
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| 58 | 58 | | 27therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation |
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| 59 | 59 | | 28of the public health. |
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