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MGL
Chapter 140:
Section 138A.
Importation of dogs and cats for commercial resale; health certificates;
violations.
Section 138A. All
dogs or cats brought or shipped into the commonwealth for commercial resale
shall be inoculated against distemper not more than thirty nor less than
seven days before entry and shall be accompanied by an official health
certificate issued by an accredited veterinarian and a copy sent to the
commissioner of agriculture. If such certificate is unavailable in the
state of origin then a similar examination and certification shall be
made within fourteen days of the arrival of the animal in the commonwealth.
An official health
certificate shall mean a legible certificate or form issued by an accredited
veterinarian and approved by the chief livestock official of the state
or county of origin containing the names and addresses of the consignor
and consignee, or in the case of examination after entry into the commonwealth
the name of the consignee. The certificate or form shall also show age,
sex, breed and description of each dog or cat and that the dogs are free
from visual evidence of communicable disease such as kennel cough, Infectious
Tracheobronchitis, canine distemper, external and intestinal parasites,
including coccidiosis, and that cats are free from external parasites,
including ear mites, and intestinal parasites, distemper, feline panleukipenia,
and feline respiratory infections and feline distemper.
Dogs or cats purchased
within the commonwealth for resale by commercial establishments or pet
shops shall be accompanied by a health certificate issued by an accredited
veterinarian. The certificate shall show age, sex, breed, and description
of each dog or cat and that the dogs are free from visual evidence of
communicable diseases such as kennel cough, Infectious Tracheobronchitis,
canine distemper, external and internal parasites, including coccidiosis,
and that cats are free from external parasites, including ear mites, intestinal
parasites, and feline respiratory infections and feline distemper.
No commercial establishment,
pet shop, firm or corporation shall import into the commonwealth for sale
or resale in the commonwealth any cat or dog less than eight weeks of
age.
All dogs or cats imported
for resale shall be held in isolation by the importer for a period of
five days prior to offering for sale.
All dogs or cats sold
in the state by a commercial establishment, pet shop, firm or corporation
shall be accompanied by a health record indicating dates and types of
vaccine administered.
Whoever is convicted
of a violation of any of these sections may be punished by a fine of not
less than fifty nor more than one hundred dollars for each such offense.
In addition thereto or in lieu thereof, the commissioner of agriculture
may, after notice and hearing, revoke or suspend a pet shop, kennel, and
boarding kennel license providing any person, firm or corporation maintaining
such pet shop, kennel and boarding kennel violates any of these regulations.
Any person, firm or
corporation aggrieved by an order under this section may, by petition,
appeal within thirty days to the superior court where said person resides,
or where the firm or corporation is located. Such person shall, in substance,
state the findings by the commissioner and the grounds of appeal and said
court shall consider said proceedings de novo and the parties thereto
shall have right of exception and appeal.
Nothing in this act
shall be construed to prohibit the temporary importation of dogs for racing
or field trials or the temporary importation of dogs or cats for show
purposes, nor shall it prohibit the importation of dogs and cats as pets
by individual owners.
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