SENATE, No. 1197

Whereas, the Massachusetts Legislature recognizes that shelters and rescue organizations are: an integral part of helping stray, homeless, displaced, abused, neglected cats and dogs find shelter, permanent homes and foster care; whose primary goal is to advocate and protect animals and not to profit from their sale;

Whereas the Massachusetts Legislature recognizes that shelters are non profit organizations who function through employed management and staff, work of volunteers, charitable contributions and foundations;

Whereas the Massachusetts Legislature recognizes that: importing animals from other states, territories and countries pose potential health and safety concerns for the constituents of the Commonwealth including the introduction of diseases; that the health and safety of the constituents of the Commonwealth should remain the primary goal of the State and its agencies;

Chapter 129 of the general laws is hereby amended by inserting the following:

Section 39E: Shelters: Regulations

SECTION1:

Definitions: 

”Shelter” – For the purposes of this section shelter shall be considered a non profit 501 (c) 3 organization whose mission includes rescuing cats and dogs from homelessness or abusive homes and is dedicated to sheltering, caring for, and finding them permanent homes.

“Rescue organization” – a 501(c)3 organization which arranges for the transfer of cats and/or dogs to foster homes.

”Department”- Department of agricultural resources

”Pet supply store” – a commercial establishment that sells provisions for pets which may include the sales of small animals but shall not include the sales of dogs and cats.

SECTION 2: The department is hereby authorized to draft and issue regulations for the operation of shelters and rescue organizations operating in or conducting business in the Commonwealth provided those regulations are limited to the following:

a)      Require record keeping for each animal. Records must include the following information: description of the animal, record of current and known prior diseases, record of vaccinations, city and/or state of origin

b)      For animals coming in from outside of Massachusetts, animals must be in isolation in an approved facility in Massachusetts for up to 48 hours prior to entering an adoptive home or being released into the general population unless the animal is an owner-surrender and has been in a home in a contiguous state for at least 90 days.

c)      Allow shelters to partner with pet supply stores to adopt animals when the adopting family has been through counseling with the shelter and the prospective owner has been approved by the shelter. Animals shall not be housed at such facilities overnight. Such pet supply stores must be registered with the Department upon the establishment of such a partnership and shall not be required to obtain a pet shop license solely on the basis of this partnership. The animal’s health records must be available and presented to adoptive families and proper regulatory authorities at the time of adoption.

The Department may grant exemptions from its regulations at its discretion when the organization in question rescues or adopts less than 15 animals per year
The Department may grant exemptions in the case of catastrophic disasters.
The Commissioner shall appoint an advisory committee of seven members to make recommendations for the creation of regulations authorized under section 3 and shall include the following: an individual involved in a shelter organization, an individual involved in a breed rescue, an animal control officer, a representative of the Massachusetts Veterinary Medical Association and two members of the public.
All entities rescuing cats and/or dogs in and providing adoption to homes within the Commonwealth as well as organizations or individuals who sell cats or dogs within the Commonwealth must register with the department. Such entities or individuals must file a report annually with the department
The Department shall update the regulations from time to time as it feels necessary with the input of the advisory committee.