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Chapter 129: LIVESTOCK DISEASE CONTROL

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Chapter 129: LIVESTOCK DISEASE CONTROL Chapter 129 authorizes the state director of animal health to oversee commercial and business animal practices in order to ensure public health and safety. You may link to the text of current sections by their section number. Note the sections in red regarding pet shops, guard dog, service dog and hearing dog businesses, and importing dogs and cats into the state for resale. HB 305 would: • Amend state law by adding a new Section 39H to chapter 129 that would establish a state license for commercial boarding and training kennels, as defined under chapter 140 of state law. The new text and requirements that are proposed by HB 305 are highlighted in yellow. • Authorize the state director to license and regulate any kennel defined in chapter 140. This would be in addition to the current municipal license and requirements imposed by cities and towns under their chapter 140 license authority. (All kennels are defined in section 136A of chapter 140, the definitions of which are provided below.) • Add new text to Section 137A of Chapter 140, also highlighted in yellow, to establish an advisory committee that would make recommendations on appropriate animal training for kennel staff and other regulations. Chapter 129: LIVESTOCK DISEASE CONTROL Section 1 Definitions Section 2 Powers and duties of director; orders Section 3 Records of inspectors; forms Section 4 Certification of documents by clerk Section 5 Entry of orders, rules and regulations on records; publication Section 6 Aid to director and inspectors by sheriffs, constables and police officers Section 7 Entry on premises Section 8 Hospitals and quarantine stations Section 8A Repealed, 1966, 397 Section 9 Massachusetts Society for the Prevention of Cruelty to Animals; Animal Rescue League of Boston; agents; powers and duties Section 10 Examination of persons under oath; mandatory attendance and testimony of witnesses Section 11 Isolation or destruction of diseased animals; post mortem examination Section 12 Repealed, 1922, 353, Sec. 4 Section 12A Repealed, 1966, 398 Section 13 Repealed, 1966, 399 Section 13A Destruction of animals affected with scrapie; partial compensation Section 14 Destruction of animals affected with foot and mouth disease; disinfection or destruction of buildings Section 14A Quarantine or destruction of animals affected with vesicular stomatitis or vesicular exanthema Section 14B Feeding garbage to swine Section 14C Hog cholera; slaughtering of hogs; payment to owners Section 14D Hogs affected with brucellosis; quarantine and testing Section 14E Breeding, feeder or slaughter swine imported into commonwealth Section 15 Inspector of animals; appointment Section 16 Refusal or neglect of town to appoint inspector; appointment by director Section 17 Oath of inspectors; compensation; reimbursement of towns Section 18 Duties of inspectors; training; enforcement Section 19 Inspections of domestic animals Section 20 Certificate of healthy condition Section 21 Quarantine of diseased animals; notice or order; records Section 22 Service of notice or order of quarantine; return; evidence Section 22A Dogs owned by police departments or agencies Section 23 Examination of buildings; report Section 24 Notice of quarantine Section 25 Records of inspectors of animals; returns Section 26 Application of chapter to inspectors in Boston Section 26A Shipping cattle into commonwealth without inspection; certificate of health Section 26B Hatching eggs; baby chicks or live poultry; restriction on sale, transportation or importation Section 27 Seizure, quarantine and destruction of imported diseased animals Section 28 Notice of contagious disease to director Section 29 Expense of quarantine Section 30 Effect of quarantine; release; violation of quarantine; penalty Section 31 Damages; arbitration; petition for assessment of damages Section 31A Shipping or delivering tuberculin within commonwealth; statement as to use; application to common carriers Section 32 Use of tuberculin as diagnostic agent; tests Section 33 Compensation for animals reacting to tuberculin test; appraisals Section 33A Identification of reacting bovine animals; removal of tag; disposition of tagged animals Section 33B Declaration of quarantine areas; tuberculin tests of bovine animals; modified accredited areas; violation of terms of quarantine Section 33C Declaration of quarantine area; tests for brucellosis of bovine animals; modified certified brucellosis free area; violation of terms of quarantine Section 33D Tests for detection of brucellosis; identification of animals; destruction Section 34 Compensation to violators of regulations Section 35 Driving certain cattle on public ways or roads Section 36 Notice of contagious diseases Section 36A Repealed, 1941, 607, Sec. 2 Section 36B Vaccination of female calves; identification of positive reactors; transportation of unvaccinated bovine animals Section 36C Repealed, 1941, 607, Sec. 2 Section 36D Importation of vaccinated animals; conditions Section 36E Importation of unvaccinated female cattle over five months of age Section 36F Brucellosis, imported cattle, blood testing Section 36G Reimbursement of owners for slaughter of animals reacting positively to blood test for brucellosis; appraisal Section 36H Waiver of compliance with Secs. 36B, 36D to 36F Section 37 Enforcement actions; jurisdiction of commissioner of agriculture, district and superior courts Section 38 Annual report Section 39 Licensing of persons dealing in bovine and porcine animals; fee Section 39A Pet shops; licensing operation; animal health inspections Section 39B Guard dog businesses; licenses Section 39C Hearing dog business; licenses Section 39D Hearing dog business; access to public facilities Section 39E Livestock auction business; licenses Section 39F Service dogs; trainer rights Section 39G Official health certificate requirement for dog or cat brought or shipped into commonwealth; purchase of animal for resale; vaccination record; devocalization prohibited Section 40 License plates for vehicles used for transportation of bovine or porcine animals; fee; revocation Section 40A Hog cholera vaccine; prohibited use Section 41 Bill of sale or memorandum signed by owner of persons transporting bovine animals; exhibition on demand Section 42 Tagging bovine animal with identification tag Section 43 Penalties for violation of Secs. 39 to 42 Section 44 Testing of imported equine animals for infectious anemia; certification Section 44A Destruction or quarantine of infected equine animals Section 45 License to deal in or auction equine animals Section 46 License plates for vehicles transporting equine animals Section 47 Bill of sale or memorandum Section 48 Violations, penalties Section 1: Definitions The following words as used in this chapter, unless the context otherwise requires, shall have the following meanings: ''Agents'', employees of the division of animal health in the department of food and agriculture especially designated as agents by the director. ''Contagious disease'', such disease as is recognized by the United States department of agriculture, animal health division, to be contagious or infectious. ''Director'', director of animal health. ''Division'', the division of animal health of the department of food and agriculture. ''Domestic animals'', all animals including poultry that are kept or harbored as domesticated animals. Poultry as used in this section shall include chickens, roosters, capons, hens, turkeys, pigeons, guinea fowl, and ducks and geese other than wild species. ''Guard Dog Business'', the business of furnishing, whether by lease or sale, dogs trained as guard dogs to protect life or property, or of training such guard dogs. ''Hearing dog'', a dog that has completed a program of professional training to aid deaf and hearing impaired individuals whenever such dog is professionally trained by a person engaged in the hearing dog business to aid the deaf and actually being used for such purpose, or a dog owned by a person engaged in the hearing dog business within the commonwealth during the period such dog is being trained or bred for such purpose. ''Hearing dog business'', the business of furnishing, whether by lease, sale or otherwise, dogs trained as hearing dogs, or of training such hearing dogs. ''Inspector'', inspector of animals appointed under section fifteen or sixteen. ''Pet shop'', every place or premise where birds, mammals or reptiles are kept for the purpose of sale at either wholesale or retail, import, export, barter, exchange or gift. Section 19: Inspections of domestic animals Inspectors shall make regular and thorough inspections of all neat cattle, sheep and swine found within the limits of their respective towns. Such inspections shall be made at such times and in such manner as the director shall from time to time order. They shall also from time to time make inspections of all other domestic animals within the limits of their respective towns if they know, or have reason to suspect, that such animals are affected with or have been exposed to any contagious disease, and they shall immediately inspect all domestic animals and any place where any such animals are kept whenever directed so to do by the director; but this section shall not apply to the inspection of sheep or swine slaughtered in wholesale slaughtering establishments, or to the obtaining of a license for the slaughtering of such sheep or swine. Section 39A: Pet shops; licensing operation; animal health inspections Every person engaged in the business of operating a pet shop, shall
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