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Massachusetts law about animals

Laws, regulations, cases and web sources on animal law.

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Massachusetts laws

Abandoned animals

MGL c. 186, § 30 When tenants leave a property, the owner or lessor should inspect it for abandoned animals

MGL c. 239, § 14 After property is vacated following summary process, the owner or lessor should inspect it for abandoned animals

MGL c. 244, § 41 After property is vacated following mortgage foreclosure, the owner or lessor should inspect it for abandoned animals

Animal cruelty

MGL c. 19A, § 42 Department of Elder Affairs reporting of animal cruelty, abuse or neglect

MGL c. 19C, § 14 Disabled Persons Protection Commission reporting of animal cruelty, abuse or neglect

MGL c. 112, § 58B Reports of suspected acts of cruelty to animals; veterinarians; immunity from liability; failure to report

MGL c. 140, § 174E Chaining or tethering; confinement

up to 7 years  in prison for animal cruelty

MGL c. 140, § 174F Leaving an animal in a hot or cold vehicle; removing an animal in danger from a vehicle

MGL c. 266, § 112 Maliciously killing or injuring a domestic animal

MGL c. 272, § 77 Animal cruelty

MGL c. 272, § 80E Death by decompression chamber 

MGL c. 272, § 80E 1/2 Death by drowning

Bestiality

See Law about sex: bestiality

Burying a pet in your backyard

Varies town to town. Contact your local Board of Health, or find your town's rules at Mass. city and town ordinances and bylaws

Cock fighting and dog fighting

MGL c. 272, § 88 Complaints, warrants, searches, and arrests

MGL c. 272, § 89 Police may enter exhibition place of fighting animals without a warrant and seize the animals

MGL c. 272, § 91 Court proceedings for animal fighting

MGL c. 272, § 93 Expenses of care and destruction of fighting animals

MGL c. 272, § 94 Penalty for keeping or exhibiting fighting animals

MGL c. 272, § 95 Penalty for being present at an animal fight

Declawing (cats)

MGL c. 140, § 174H Feline declawing prohibited with exception to therapeutic purposes (effective April 8, 2025)

Devocalization

MGL c. 272, § 80-1/2 Surgery on a dog or cat to prevent them from making a sound

Dogs

MGL c. 111C, § 9A Emergency treatment and transportation of police dogs ("Nero's Law")

MGL c. 119, § 26D Animal behavior or temperament assessments for foster or pre-adoptive homes
Placement of a child in a home cannot be restricted solely based on the presence of a particular breed of dog in the home.

MGL c. 140, §§ 136A-174H Laws pertaining to dogs

Dog bites

MGL c. 112, § 12Z Reports of dog bites

MGL c. 140, § 155 Liability of owner for dog bite

Leasing or renting dogs

MGL c. 272, § 80I With some unusual exceptions, you may not rent or lease a dog

Endangered species

MGL c. 131A, §§ 1-7 MA Endangered Species Act

Exotic pets

MGL c. 131, § 23 License required to propagate or deal in wild birds, mammals, reptiles and amphibians

MGL c. 131, § 77A Possessing wild dogs and cats prohibited

Homeless animals

MGL c. 10, § 35WW Homeless animal prevention and care fund

MGL c. 62, § 6M Contribution of tax refund to Homeless Animal Prevention and Care Fund

Horses

MGL c. 90, § 14 Driving rules when driving near animals on the road

MGL c. 140, § 176 Stallions

Internet hunting

MGL c. 131, § 65A Online shooting or spearing

Kennels

MGL c. 140, § 137A Licenses

MGL c. 140, § 137C Inspections

MGL c. 140, § 174G Rules and regulations for commercial boarding or training kennels; investigations; inspections ("Ollie's law")

Leash laws

Leash laws vary from town to town. Find your town's rules at Mass. city and town ordinances and bylaws

Livestock health and sales

MGL c. 129

Ordinances and by-laws relating to animals

MGL c. 140, § 173

Registration and licensing of dogs

MGL c. 140, § 137

Research animals, adoption of

MGL c. 140, § 174D 1/2 "Beagle Bill"

Restraining orders

MGL c. 209A, § 11 Possession, care and control of domesticated animal owned by persons involved in certain protective orders; notice to law enforcement upon finding of imminent threat to household member or animal

Selling cats and dogs

MGL c. 140, § 141C Selling, trading, etc. cats or dogs less than 8 weeks of age is prohibited (effective April 8, 2025)

MGL c. 140, § 141D Selling cats or dogs on roadsides, public spaces, parking lots, and outdoor markets, etc. is prohibited (effective April 8, 2025)

Shelters; spay or neuter requirement

MGL c. 140, § 139A

Stolen domesticated animals, including dogs

MGL c. 266, § 30

Transporting animals

MGL c. 90, § 22H Safe transportation of animals

Traveling shows and exhibits

MGL c. 131, § 19C Use of elephants, big cats, primates, giraffes, and bears in traveling exhibits and shows (Effective January 1, 2025)

Trusts for the care of animals

MGL c. 203E, § 408 

Massachusetts regulations

330 CMR Mass. Dept. of Agricultural Resources
Includes regulations about domestic animals in Massachusetts. Does not include hunting or wild or exotic animals.

Farm animals

330 CMR 35 Regulations implementing the Act to Prevent Cruelty to Farm Animals
"...applies only to the production and sale of veal meat, pork meat, shell eggs, and egg products in Massachusetts as defined in St. 2021, c.108."

940 CMR 36 Regulations implementing the Act to Prevent Cruelty to Farm Animals [Rescinded by Mass. Register # 1529, 8/30/24: Regulatory authority was transferred from the Office of the Attorney General to the Massachusetts Department of Agricultural Resources and "therefore 940 CMR 36.00 is obsolete."]

Domestic animals

321 CMR 9.02 List of domestic animals
Includes dogs and cats.

Exotic pets

321 CMR 2.12 Artificial propagation of birds, mammals, reptiles, and amphibians

321 CMR 9.01 Exotic pets exemption list
Lists "species which are exempt from the licensing provisions of MGL c. 131, § 23. This list includes wild (i.e., non-domesticated) vertebrate animals which may be imported, sold or possessed without a permit."

Kittens and puppies

330 CMR 12 Licensing and operation of pet shops

  • 330 CMR 12.05(3)(b) Restrictions on sale
    Limits the sale of certain pets by licensed businesses. Does not appear to apply to if you are selling your own animal (MGL c. 129, § 39A).

“No licensee shall ... acquire, display, offer for sale, sell or give away any dog or cat which is younger than 8 weeks old”

Lemon Law

330 CMR 12 Licensing and operation of pet shops

  • 330 CMR 12.05(5) Massachusetts pet "lemon law." 
    Provides, in part: "Each Class A Licensee shall provide a full refund of the purchase price of a dog or cat, or if the Licensee and the customer both consent, a substitution Animal, to any customer who:
    • (a) Within 14 calendar days of the Sale, has the dog or cat examined by a Veterinarian of the customer's choice, and the examination indicates the dog or cat is diseased or has a congenital disorder; and
    • (b) Presents the dog or cat to the Licensee within three days of the date of the examination, with a Veterinarian's written statement that the dog or cat is diseased or has a congenital disorder, and proof of Sale."

330 CMR 30 Animal rescue and shelter organization regulations
"Provides standards relating to the importation, handling, and care of Animals in connection with their Placement within the Commonwealth of Massachusetts by a Rescue Organization."

Court rules and jury instructions

Uniform Magistrate Rules: Rule 5: Petitions for review of dog orders, Mass. Trial Court.

Dog liability (District Court civil model jury instructions)

Selected cases

Selected court cases on the topic of animals

Massachusetts cases, Animal Legal & Historical Center, Michigan State University College.
Provides a table of additional Massachusetts cases and summaries.

Web sources

General

Animal laws and regulations in Massachusetts, Mass. Animal Fund, Mass. Department of Agricultural Resources, Division of Animal Health, 2025.
"Massachusetts has a variety of laws that are in place to ensure proper regulation of companion animals. Massachusetts General Laws (MGL) Chapter 140, Sections 136A - 174E, cover the majority of authorities and responsibilities associated with the performance of the animal control officer (ACO) position."

Frequently asked questions (FAQs), Animal Legal & Historical Center, Michigan State University College of Law, 2025.
Provides answers to questions on animals and pets.

Buying and importing/exporting animals

Animal imports and livestock markets, Mass. Department of Agricultural Resources.
Summarizes import requirements for a wide variety of animals.

Buying a dog in Massachusetts, Mass. Department of Agricultural Resources.
Provides basic information on what you should know before buying a dog.

Buying pets, Nolo.
What to look for, and what to know about sellers' promises and buyers' responsibilities.

Importing and exporting livestock, Mass. Department of Agricultural Resources.
Summarizes import requirements for cattle, swine, sheep, goats, horses, and lamas and other domesticated livestock.

Importing and exporting pets, Mass. Department of Agricultural Resources. 
Summarizes import requirements for dogs, cat, rabbits and birds.

Table of state laws concerning minimum age for sale of puppies, Animal Legal & Historical Center, Michigan State University College of Law, 2025.

Custody and estate matters

Estate planning for pets, Nolo, 2024.
Provides options for planning your pet’s life after you die.

Orders concerning domesticated animals in conjunction with restraining orders, Memo from Chief Justice of the Trial Court and Court Administrator, October 31, 2012.
Includes explanation of the law and procedures, with forms.

Pet custody (blog post), Trial Court Law Libraries, February 2016.
"When two people, either married or unmarried, break up, who gets to keep the pet(s)?  Can the court order joint custody of the dog or cat, as it would a child?  Can one party get visitation rights?  Is a pet treated in a legal sense in the same way as a child, or simply as property?"

Dog bites and rabies

Dog-bite laws and liability rules, Nolo.
Lists commonsense steps to take to keep your dog from biting, and to avoid trouble if he does.

Rabies protocols and regulations, Mass. Department of Agricultural Resources.
Discusses rabies vaccination and quarantine protocols and regulations for animal bites.

Travel

Flying with pets and service animals: The not-so-friendly skies, Nolo.
Discusses problems, options, steps to take in preparing your pet for travel, regulations governing pet travel, and rules on emotional support animals.

Print sources

Animal control law and procedure in Massachusetts, Commonwealth Police Service, Inc., 2017.

Animal law in a nutshell, 3rd ed., West Academic Publishing, 2021. 

Blair, Keshia L. “Criminal law--must love dogs: Zach and Kenji's escape from confinement and the broader context of animal cruelty--Commonwealth v. Trefry, 51 N.E.3d 502 (Mass. App. Ct. 2016)” (89 Mass. App. Ct. 568 (2016)) v. 22 Suffolk Journal of Trial & Appellate Advocacy 402 (2016-2017).  

Dog law by Jeremy Moss Cohen, MCLE, 2024.

Every dog's legal guide: A must-have book for your owner by Mary Randolph, Nolo, 2012. (eBook available with library card).

Guide to representing animal protection organizations, American Bar Association, Business Law Section, 2023.

Harris, Susan. "Woof, woof, we're getting a divorce": Pet custody and the law. v. 30 Issue 3 Massachusetts family law journal 30 (May/June 2012)

The law of trusts and trustees: A treatise covering the law relating to trusts and allied subjects affecting trust creation and administration, with forms, Rev. 2nd ed., West Pub. Co., 1977 with supplement.
Section 1206: Pet trust – Uniform Probate Code Section 2-907.  

Motor vehicle Massachusetts police manual 2025: The Massachusetts police reference for motor vehicle law by John Sofis Scheft, Law Enforcement Dimensions, 2025.
Chapter 22 Animal protection & safe transport.

Neighbor law: Fences, trees, boundaries & noise by Emily Doskow, Nolo, 2020. (2023 eBook available with library card).
Chapter 17 Other common neighbor issues: animal problems.

Pet law and custody: Establishing a worthy and equitable jurisprudence for the evolving family, American Bar Association, Family Law Section, 2017. (eBook available with library card)

Understanding animal law by Adam P. Karp, Carolina Academic Press, 2016.

Massachusetts Practice:

Contact

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Library locations and phone numbers 
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Email a reference librarian: Email Trial Court Law Libraries at lawlibraries@jud.state.ma.us
Last updated: May 23, 2025

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