Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S549 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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SENATE DOCKET, NO. 1393       FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 549
The Commonwealth of Massachusetts
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PRESENTED BY:
Patrick M. O'Connor
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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.
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PETITION OF:
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 
Hampshire
3/6/2023Steven S. Howitt4th Bristol3/6/2023Bradley H. Jones, Jr.20th Middlesex3/6/2023 1 of 2
SENATE DOCKET, NO. 1393       FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 549
By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 549) of Patrick M. O'Connor, 
Adam Scanlon, Jack Patrick Lewis, Michael O. Moore and other members of the General Court 
for legislation to ban the retail sale of dogs, cats, and rabbits 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:-(a)
3 SECTION 2. Section 39A of Chapter 129 of the General Law, , is hereby further 
4amended by striking out the word “section”, in line 13, and inserting in place thereof the 
5following word:-subsection
6 SECTION 3. Section 39A of Chapter 129 of the General Laws is hereby further amended 
7by inserting after subsection (a) the following new subsections:-
8 (b) No person engaged in the business of operating a pet shop for which a license must be 
9obtained pursuant to subsection (a); and are regulated under 330 CMR 12.00 shall sell or offer 
10for sale a dog or cat, unless: 2 of 2
11 (1) the person engaged in the business of operating the pet shop received a Class A 
12license from the Massachusetts Department of Agricultural Resources on or before the effective 
13date of this act; and
14 (2) such person only sells or offers for sale dogs or cats from the location licensed to sell 
15or offer for sale dogs or cats under subsection (b) paragraph (1).
16 (c) No person engaged in the business of operating a pet shop for which a license must be 
17obtained pursuant to subsection (a); and are regulated under 330 CMR 12.00 shall sell or offer 
18for sale a rabbit, unless:
19 (1) the person engaged in the business of operating the pet shop sold rabbits on or before 
20the effective date of this act; and
21 (2) such person only sells or offers for sale rabbits from the location licensed to sell or 
22offer for sale animals under 330 CMR 12.00.
23 (d) Nothing in subsections (b) or (c) shall affect the authority of any town, city, or other 
24locality to regulate or prohibit the sale of dogs, cats, or rabbits. 
25 SECTION 4. Whereas, the deferred operation of this act would tend to defeat its purpose, 
26which is to establish forthwith certain changes to pet shop licensing and operations law, 
27therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation 
28of the public health.