Chapter 129

Section 1. 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. ''Co…

Section 10. The director may examine on oath all persons who are believed to possess knowledge of material facts relative to the existence or dissemination, or danger of dissemination, of contagious diseases among domestic animals, or relative to any other matter within the provi…

Section 11. If the director, or one of his agents, by examination of a case of contagious disease of domestic animals, except foot and mouth disease, is of opinion that the public good so requires, he shall cause the diseased animal to be securely isolated or to be killed without…

Section 13A. All sheep and other domestic animals which are affected with, or have been exposed to, scrapie shall be destroyed when, in the opinion of the director, the public good so requires, and their carcasses shall be buried or otherwise disposed of. An order for killing and…

Section 14. All neat cattle and other domestic animals, which are affected with, or have been exposed to, foot and mouth disease, shall be destroyed when, in the opinion of the director, the public good so requires, and their carcasses shall be buried or otherwise disposed of. An…

Section 14A. All domestic animals which are affected with vesicular stomatitis, or vesicular exanthema, as determined by the director, shall be quarantined. Animals which are affected with vesicular exanthema, as determined by the director, shall be slaughtered at a slaughtering …

Section 14B. The word ''garbage'' means any meat waste, or meat waste combined with any other food waste, resulting from handling, preparation, cooking and consumption of foods, including animal carcasses or parts thereof. The word ''person'' means the state, any municipality, po…

Section 14C. All hogs which are affected with, or have been exposed to, hog cholera, shall be quarantined and appraised by an appraiser of the division of animal health in the department of food and agriculture, hereinafter called the division, or an appraiser appointed by the Un…

Section 14D. All hogs which are affected with, or have been exposed to brucellosis shall be quarantined and tested by the director or his agent, or by an agent of the animal health division of the United States department of agriculture. The director may, in his discretion, slaug…

Section 14E. All breeding swine imported into the commonwealth shall enter directly from a qualified-free herd, as indicated by a health certificate, and shall be negative to a serum neutralization test for pseudorabies conducted within thirty days prior to entry. Said entering s…

Section 15. The city manager in cities having a plan D or plan E charter, the mayor in all other cities, except Boston, the town manager in towns having a town manager form of government and the selectmen in all other towns shall annually, in March, nominate one or more inspector…

Section 16. A town shall, for each refusal or neglect of its officers to comply with the requirements of the preceding section, forfeit not more than five hundred dollars. The director may appoint one or more inspectors for such town, and may remove an inspector who refuses or ne…

Section 17. Each inspector shall be sworn to the faithful performance of his official duties, and shall receive from the town for which he is appointed reasonable compensation, if appointed by the town, or such compensation as shall be fixed by the director, but not in excess of …

Section 18. (a) Each inspector shall comply with and enforce all orders and regulations as directed by the director. (b) The director shall establish mandatory training programs for all municipal animal inspectors. Such training shall be designed to ensure that inspections are co…

Section 19. 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…

Section 2. The director may make and enforce reasonable orders, rules and regulations relative to the following: the sanitary condition of neat cattle, other ruminants and swine and of places where such animals are kept; the prevention, suppression and extirpation of contagious d…

Section 20. An inspector who is satisfied, upon an examination of any neat cattle, sheep or swine, that they are free from contagious disease, shall deliver to the owner or to the person in charge thereof a written certificate of their condition, in such form as the director shal…

Section 21. An inspector who, upon an examination of a domestic animal, suspects, or has reason to believe, that it is affected with a contagious disease shall immediately cause it to be quarantined or isolated for at least ten days upon the premises of the owner or of the person…

Section 22. Such notice or order may be served by an inspector or officer qualified to serve civil process, by delivery in hand to, or leaving at the last and usual place of abode of, the owner or person having an interest in or in charge of the animal concerned, or by posting up…

Section 22A. The provisions of sections twenty-one and twenty-two shall not apply to dogs owned by police departments or police agencies of the commonwealth or any of its political subdivisions when such dogs are under the direct supervision, care and control of a police officer,…

Section 23. Inspectors shall, in addition to their inspections of animals for contagious diseases, examine the places in which neat cattle are kept, with reference to their situation, cleanliness, light, ventilation and water supply, and the general condition and cleanliness of t…

Section 24. An inspector who has caused a domestic animal to be quarantined, as provided in section twenty-one, shall immediately give a written notice thereof, with a copy of the order of quarantine, to the director, and shall give such information to no other person.

Section 25. Each inspector shall keep a record of all inspections made of animals pursuant to this chapter. The director shall provide forms in any manner, electronic format or medium necessary to implement this section, including any forms or records to be utilized and kept by i…

Section 26. The provisions of this chapter relative to the duties of inspectors shall apply to persons officially performing the functions of inspectors in Boston.

Section 26A. Whoever ships, drives or transports into the commonwealth cattle to be used for dairy purposes, unless they have been inspected or passed as healthy by a veterinary inspector of the United States department of agriculture, animal health division, or a veterinarian of…

Section 26B. No person shall buy, sell or transport within or import into the commonwealth hatching eggs, baby chicks or live poultry, except poultry intended for immediate slaughter or for exhibition subject to permit granted by the state department of agriculture, unless such h…

Section 27. Animals brought into this commonwealth from places which in the opinion of the director are infected, may be seized and quarantined by the director at the expense of their owners or consignees, so long as the public safety requires; and, if in his opinion safety so re…

Section 28. The board of health of a town, any member or agent thereof or any other person who has knowledge of or reason to suspect the existence of any contagious disease among any domestic animals in the commonwealth, or that any domestic animal is affected with a contagious d…

Section 29. If animals have been quarantined, collected or isolated upon the premises of the owner or of the person in possession of them at the time such quarantine is imposed, the expense thereof shall be paid by such owner or person; but if specific animals have been quarantin…

Section 3. The director shall make and prescribe forms for records of inspectors, certificates of examination, notices and orders of quarantine, notices and orders for killing and burial, and for returns of inspectors required by this chapter.

Section 30. An animal which has been quarantined or isolated by order of the director or of his agent, or of an inspector, shall, during the continuance of such quarantine or isolation, be deemed to be affected with a contagious disease. Whenever an animal has been released from …

Section 31. If an owner is entitled to compensation for the killing of an animal or the destruction of other property under this chapter, and cannot agree with the director as to its value, the director and the owner may each select an arbitrator, and if the owner neglects or ref…

Section 31A. Every person who, himself or by his servant or agent, ships from a place within the commonwealth or otherwise delivers any tuberculin to a person within the commonwealth shall forthwith file with the director a written statement containing the name and address of the…

Section 32. Tuberculin as a diagnostic agent for the detection of tuberculosis in domestic animals shall be used only upon cattle brought into the commonwealth and upon cattle in quarantine stations; but it may be used as such diagnostic agent on any animal in any other part of t…

Section 33. Except as otherwise provided, a person who has animals tested with tuberculin shall not be entitled to compensation from the commonwealth for any animals which react to the tuberculin test unless they have been tested by the director or qualified veterinarians acting …

Section 33A. Any bovine animal which reacts to a tuberculin test shall immediately be tagged for identification by the veterinarian, who has applied such test, by inserting into the external ear of the reacting animal a special metal tag provided by the director. Any person who r…

Section 33B. The director may, upon application to him by not less than seventy-five per cent of the cattle owners owning cattle permanently kept in any city or town, or upon like application by the owners of eighty-five per cent of such cattle, declare said city or town a quaran…

Section 33C. The director may upon application to him by not less than seventy-five per cent of the cattle owners owning cattle permanently kept in any city, town or county, or upon like application by the owners of eighty-five per cent of such cattle, declare said city, town or …

Section 33D. Prior to the first day of January, nineteen hundred and fifty-eight, the director may, upon written application of the owner, test cattle and thereafter shall test all cattle by an approved method for the detection of brucellosis. Said director shall provide for the …

Section 34. No compensation shall be allowed by the commonwealth to an owner of condemned cattle who has failed to comply with the reasonable regulations of the director relative to cleanliness, ventilation, light, disinfection and water supply. An owner of cattle who refuses to …

Section 35. Texan, Mexican, Cherokee, Indian or other cattle, which the director has reason to believe may spread contagious disease, shall not be driven on any public way or road, or outside the stockyards connected with any railroad in the commonwealth, contrary to an order of …

Section 36. Whoever kills an animal or causes it to be killed, with the consent of the owner or person in possession thereof, upon suspicion that it is affected with or has been exposed to a contagious disease, and who, upon the inspection of the carcass thereof, finds or is of o…

Section 36B. The director shall cause all female calves to be vaccinated against brucellosis, commonly known as bangs disease, when they are from the ages of four to eight months, inclusive. Calves shall be vaccinated by an approved licensed veterinarian designated by the directo…

Section 36D. Vaccinated animals which are over eighteen months of age may be imported into the commonwealth if within thirty days prior to entry they have reacted negatively to an approved blood test conducted in a laboratory approved by the state of origin. Vaccinated animals ei…

Section 36E. Subject to rules promulgated by the commissioner of food and agriculture, the director may prohibit the importation of female cattle, for breeding purposes, over five months of age without an official certificate of vaccination stating such female cattle have been va…

Section 36F. The director, his authorized agent or a duly licensed veterinarian designated by the director may conduct such blood tests for brucellosis of all cattle imported into the commonwealth which are over five months of age, as will aid in the effective control of brucello…

Section 36G. If any animal tested by an approved licensed veterinarian designated by the director under this section reacts positively to an approved blood test for brucellosis and is slaughtered in consequence thereof, or if any animal does not react positively but has been expo…

Section 36H. The director may after a hearing grant, in suitable cases, waivers of compliance with the provisions of sections thirty-six B, thirty-six D, thirty-six E and thirty-six F.

Section 37. As used in this section, the word ''commissioner'' shall mean the commissioner of agriculture or his designee, and any rules, regulations, orders, licenses or permits issued under this chapter. The commissioner may assess administrative fines, not to exceed $500 per o…

Section 38. The commissioner of food and agriculture shall make an annual report of the acts of the director, including therein the information obtained from inspectors under section twenty-three.