Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2256 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3105 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2256
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Mark J. Cusack
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 to protect pets.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Mark J. Cusack5th Norfolk1/16/2025 1 of 10
16	16	HOUSE DOCKET, NO. 3105 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2256
18	18	By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 2256) of
19	19	Mark J. Cusack relative to the care and sale of cats, dogs and rabbits. Municipalities and
20	20	Regional Government.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 2040 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act to protect pets.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 39G of chapter 129 of the General Laws, as appearing in the 2022
32	32	2Official Edition, is hereby amended by striking out in subsection (b) the words “this section” and
33	33	3inserting in place thereof the following:- sections 39G and 39J,
34	34	4 SECTION 2. Said section 39G of chapter 129, as so appearing, is hereby further amended
35	35	5by striking out subsection (e), and inserting in place thereof the following:-
36	36	6 (e) A cat, dog, or rabbit sold or placed in the commonwealth by a pet shop, organization,
37	37	7breeder, or broker shall be accompanied by a health record indicating the date and type of each
38	38	8vaccine administered to each such cat, dog, or rabbit, and an official health certificate. For the
39	39	9purposes of this subsection, the definitions contained in section 39H shall apply. 2 of 10
40	40	10 SECTION 3. Said chapter 129 of the General Laws, as so appearing, is hereby amended
41	41	11by adding at the end thereof the following 6 new sections:-
42	42	12 Section 39H. (a) For the purpose of this section and sections 39I through 39M, inclusive
43	43	13the following words shall, unless the context clearly requires otherwise, have the following
44	44	14meanings:
45	45	15 “Breeder”, a person that maintains dogs, cats, or rabbits for the purpose of breeding and
46	46	16selling their offspring.
47	47	17 “Broker”, a person that transfers dogs, cats, or rabbits for resale by another person.
48	48	18 “Organization or Rescue Organization”, An entity that is not otherwise required to be
49	49	19licensed under M.G.L. c. 129, §§ 39, 39A, or 45, or under M.G.L. c. 94, § 152A, and whose
50	50	20primary activity is the placement of abandoned, displaced, unwanted, neglected or abused
51	51	21animals. Such entity does not obtain Dogs or Cats from a breeder or broker for payment or
52	52	22compensation, and is exempt from taxation under § 501(c)(3) of the federal Internal Revenue
53	53	23Code or equivalent nonprofit designation under such Code.
54	54	24 “Pet shop”, a business licensed under section 39A.
55	55	25 “Place or Placement”, To sell, barter, exchange, give away, or otherwise find a permanent
56	56	26physical placement for an Animal that is abandoned, displaced, unwanted, neglected or abused.
57	57	27 “Sale, Sell, Sold or Offer for Sale”, to sell, barter, exchange, give away, or otherwise
58	58	28confer ownership of an Animal to a Person other than the Licensee, or to display or have within
59	59	29view of the public an Animal in a Pet Shop or otherwise make known that an Animal is available
60	60	30for such transactions. 3 of 10
61	61	31 "Seller", a pet shop, organization, breeder or broker.
62	62	32 "Unfit for sale", a defect that is congenital or hereditary and that has a significant adverse
63	63	33effect on the health of the dog, cat, or rabbit or a disease, deformity, injury, physical condition or
64	64	34illness that has a significant adverse effect on the health of the dog, cat, or rabbit and which was
65	65	35manifest, capable of diagnosis or likely to have been contracted prior to or at the time of the sale
66	66	36or placement of the dog, cat, or rabbit to the buyer.
67	67	37 Section 39I. (a) A pet shop shall not purchase a dog, cat, or rabbit for resale or offer for
68	68	38sale a dog, cat, or rabbit that originated at or was purchased from a breeder, broker, person, firm
69	69	39or corporation that:
70	70	40 (1) is not in possession of a current license issued by the United States Department of
71	71	41Agriculture pursuant to the Animal Welfare Act, 7 U.S.C. 2131, et seq, and any license that may
72	72	42be required by an applicable state agency;
73	73	43 (2) has had its federal or state license suspended in the last 5 years;
74	74	44 (3) was found to have committed a critical violation of the Animal Welfare Act, 7 U.S.C.
75	75	452131, et seq, during the 3-year period prior to the purchase;
76	76	46 (4) was found to have committed 3 or more noncritical violations of the Animal Welfare
77	77	47Act, 7 U.S.C. 2131, et seq, during the 3-year period prior to the purchase; or
78	78	48 (5) has been cited on the 2 most recent United States Department of Agriculture
79	79	49inspection reports prior to the purchase of the dog, cat, or rabbit for no-access violations of the
80	80	50Animal Welfare Act, 7 U.S.C. 2131, et seq. 4 of 10
81	81	51 (b) An owner or operator of a pet shop, organization , breeder, or broker that offers a dog,
82	82	52cat, or rabbit for sale or placement shall maintain records that verify compliance with this section
83	83	53for not less than 2 years following the date of acquisition of the dog, cat, or rabbit. Those records
84	84	54shall include: (1) United States Department of Agriculture inspection reports; and (2) the source
85	85	55of each dog or cat the pet shop acquired, including a description of the dog or cat and the United
86	86	56States Department of Agriculture license number of the breeder. The records shall be made
87	87	57available immediately upon the request of the purchaser or adopter.
88	88	58 (c) An owner or operator of a pet shop, organization, breeder, or broker that offers a dog,
89	89	59cat, or rabbit for sale or placement shall post a sign that shall be clear and conspicuous and shall
90	90	60be of such size and so placed that an individual examining the dog, cat, or rabbit in its cage or
91	91	61enclosure may readily view the sign and its contents. The sign shall state:
92	92	62 (1) the date and place of birth of each dog, cat, or rabbit and the actual age or, if not
93	93	63known, the approximate age of the dog, cat, or rabbit;
94	94	64 (2) the sex, color markings and other identifying information of each dog, cat, or rabbit,
95	95	65including any tag, tattoo, collar number and microchip information; and
96	96	66 (3) the breeder's United States Department of Agriculture license number and, if the
97	97	67breeder is required to be licensed in the state in which the breeder is located, the breeder's state
98	98	68license number.
99	99	69 (d) No person shall sell, place or offer for sale a dog, cat, or rabbit that is under 8 weeks
100	100	70of age. 5 of 10
101	101	71 Section 39J. (a) No cat, dog, or rabbit shall be sold or placed in the commonwealth by a
102	102	72pet shop, organization, breeder, or broker to a consumer unless accompanied by such records
103	103	73under section 39I and an official health certificate under section 39G, as applicable. A consumer
104	104	74may return a cat, dog, or rabbit by presenting it to the providing pet shop, organization, breeder,
105	105	75or broker no later than 48 hours after learning of a defect in such records or official health
106	106	76certificate.
107	107	77 Section 39K. (a) A veterinarian licensed in the commonwealth may declare a dog, cat, or
108	108	78rabbit unfit for sale or placement in advance of or after the sale or placement by providing a
109	109	79written statement that includes:
110	110	80 (i) the name and address of the buyer or potential buyer;
111	111	81 (ii) the date on which the dog, cat, or rabbit was examined;
112	112	82 (iii) the breed, sex and age of the dog, cat, or rabbit;
113	113	83 (iv) an affirmation that the veterinarian examined the dog, cat, or rabbit;
114	114	84 (v) a diagnosis that: (A)(1) the dog, cat, or rabbit had previously had a contagious or
115	115	85infectious disease or severe parasitism, currently has a contagious or infectious disease or severe
116	116	86parasitism or has died from a contagious or infectious disease or severe parasitism; (2) the
117	117	87veterinarian found the presence of symptoms of the disease or severe parasitism; and (3) the
118	118	88disease or severe parasitism is likely to have been contracted prior to or at the time of the sale or
119	119	89placement of the dog, cat, or rabbit to the buyer; or (B) the dog, cat, or rabbit has a congenital or
120	120	90hereditary condition that: (1) significantly and adversely impacts the health of the puppy or 6 of 10
121	121	91kitten; (2) requires hospitalization or a nonelective surgical procedure; or (3) caused the death of
122	122	92the dog, cat, or rabbit;
123	123	93 (vi) the precise findings of the examination, diagnostic tests or necropsy;
124	124	94 (vii) the treatment recommended, if any, and an estimate or the actual cost of the
125	125	95treatment;
126	126	96 (viii) an affirmation that the examination occurred: (A) within 14 days after the
127	127	97placement of the dog, cat, or rabbit if the dog, cat, or rabbit was declared unfit for sale based on
128	128	98an illness that existed in the dog, cat, or rabbit prior to or at the time of the sale or placement of
129	129	99the dog, cat, or rabbit; (B) within 1 year after the sale or placement of a dog, cat, or rabbit if
130	130	100declared unfit for sale based on a hereditary or congenital condition that has a significant adverse
131	131	101effect on its health; or (C) within 1 year after the sale or placement of a dog, cat, or rabbit if the
132	132	102breed, sex or health of the animal was misrepresented at the time of the sale or placement ; and
133	133	103 (ix) the veterinarian's name and signature and the address and telephone number of the
134	134	104veterinarian's primary place of veterinary practice.
135	135	105 (b) A dog, cat, or rabbit shall not be found unfit for sale based upon:
136	136	106 (i) injuries sustained or illnesses likely to have been contracted subsequent to the date of
137	137	107transfer;
138	138	108 (ii) a health problem or hereditary or congenital condition if the problem or condition was
139	139	109separately disclosed by the seller in writing at the time of sale and the seller and the buyer sign
140	140	110the written disclosure at the time of sale; 7 of 10
141	141	111 (iii) a hereditary or congenital condition if the seller provides the buyer with written
142	142	112documentation at the time of sale or placement establishing that, prior to breeding, the dog, cat,
143	143	113or rabbit’s parents were screened for health issues according to breed-specific protocols and
144	144	114requirements established by the Canine Health Information Center or a comparable recognized
145	145	115animal health registry; or
146	146	116 (iv) veterinary findings of internal or external parasites unless the dog, cat, or rabbit is
147	147	117clinically ill or dies due to the condition.
148	148	118 (c)(1) If a purchased dog, cat, or rabbit has been declared unfit for sale under subsection
149	149	119(g), the buyer may:
150	150	120 (A) return the dog, cat, or rabbit to the seller for treatment by a veterinarian of the seller's
151	151	121choice at no cost to the buyer; provided, however, that the dog, cat, or rabbit shall be returned to
152	152	122the buyer when the dog, cat, or rabbit’s health has been cleared by the veterinarian;
153	153	123 (B) return the dog, cat, or rabbit for a full refund of the purchase price;
154	154	124 (C) if a replacement dog, cat, or rabbit of equivalent value is available and satisfactory to
155	155	125the buyer, exchange the dog, cat, or rabbit for the dog, cat, or rabbit and provide reimbursement
156	156	126to the buyer for reasonable veterinary fees paid for the diagnosis and treatment of the dog, cat, or
157	157	127rabbit in an amount up to 50% of the original purchase price of the dog, cat, or rabbit, the sales
158	158	128tax paid and any additional point of sale fees paid; or
159	159	129 (D) retain the purchased dog, cat, or rabbit and receive reimbursement for reasonable
160	160	130veterinary fees paid for the diagnosis and treatment of the purchased dog, cat, or rabbit in an 8 of 10
161	161	131amount not to exceed the original purchase price of the dog, cat, or rabbit, the sales tax paid and
162	162	132any additional point of sale fees paid on the original purchase of the dog, cat, or rabbit.
163	163	133 A seller of a dog, cat, or rabbit shall inform a buyer of the buyer's options under this
164	164	134section at the point of sale or placement.
165	165	135 (c)(2) If: (A) within 14 days after sale or placement of the dog, cat, or rabbit the dog, cat,
166	166	136or rabbit dies because of an illness that existed in the dog, cat, or rabbit prior to or at the time of
167	167	137the sale or placement of the dog, cat, or rabbit; or (B) within 1 year after the sale or placement of
168	168	138a dog, cat, or rabbit the dog, cat, or rabbit dies because of a hereditary or congenital condition
169	169	139that has a significant adverse effect on its health, the buyer may obtain a refund up to the
170	170	140purchase price of the dog, cat, or rabbit, the sales tax paid and any additional point of sale fees
171	171	141paid; or receive a replacement dog, cat, or rabbit that is of equivalent value and satisfactory to
172	172	142the buyer.
173	173	143 (c)(3) Nothing in this subsection shall require a seller to provide a buyer with a
174	174	144replacement dog, cat, or rabbit if a replacement dog, cat, or rabbit is not available.
175	175	145 (d) If a seller wishes to contest a demand made by a buyer for veterinary expenses or for
176	176	146a refund or an exchange under this section, the seller may require the buyer to produce the dog,
177	177	147cat, or rabbit for examination by a second licensed veterinarian designated by the seller and at
178	178	148the seller's expense not more than 30 days after the demand. If the dog, cat, or rabbit is deceased,
179	179	149the seller may have the second veterinarian review records provided by the buyer's veterinarian,
180	180	150including the necropsy report. 9 of 10
181	181	151 (e) Unless the seller contests the remedy chosen by the buyer under subsection (c), the
182	182	152remedy shall be made to the buyer not more than 30 days after the seller receives the
183	183	153veterinarian's statement that the dog, cat, or rabbit was unfit for sale.
184	184	154 (f) Nothing in this section shall limit the rights or remedies otherwise available to a buyer
185	185	155under any other law.
186	186	156 (g) No pet shop, organization, breeder, or broker shall sell or place a dog, cat or rabbit to
187	187	157a buyer or adopter unless:
188	188	158 (1) such animal has been implanted with a microchip as a permanent identification,
189	189	159provided however that an organization has first contacted the animal’s owner after inspection for
190	190	160identification of the animal’s owner, including a scan for microchip, so it may be reclaimed;
191	191	161 (2) such pet shop, organization, breeder, or broker has registered such animal's microchip
192	192	162with such purchaser's or adopter’s contact information with a bona fide pet microchip
193	193	163registration company; and
194	194	164 (3) such pet shop, organization, breeder, or broker has provided such purchaser or adopter
195	195	165with (i) usage instructions for such microchip provided by the manufacturer of such microchip or
196	196	166the company with which such microchip is registered and (ii) written certification of compliance
197	197	167with paragraphs (1) and (2) of this subsection, signed by such purchaser or adopter as
198	198	168acknowledgement of receipt, in a form and manner set forth in rules promulgated by the division.
199	199	169 (h) Every pet shop, organization, breeder, or broker shall retain for a period of 2 years
200	200	170from the date of sale or placement of any dog, cat, or rabbit, a copy of the certification signed by
201	201	171the purchaser or adopter required by paragraph three of subsection (g) of this section. 10 of 10
202	202	172 Section 39L. A person who violates the provisions of sections 39H through 39M,
203	203	173inclusive, shall be punished by fine of not more $500. Each dog, cat, or rabbit sold or offered for
204	204	174sale or placement in violation of this section shall constitute a separate offense. A violation of
205	205	175this section shall constitute an unfair or deceptive act or practice in the conduct of trade or
206	206	176commerce under chapter 93A.
207	207	177 Section 39M. It is unlawful for any person to offer for sale or adoption, sell, barter,
208	208	178auction, or otherwise place any dog, cat, or rabbit for consideration from any roadside, public
209	209	179right-of-way or public property, park, commercial or retail parking lot regardless of whether such
210	210	180access is authorized, or any flea market or festival.
211	211	181 This section shall not apply to persons meeting to conduct the final transaction of a
212	212	182previously arranged sale or exchange.
213	213	183 SECTION 4. This act shall go into effect 90 days after its passage.