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 Dept. 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
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
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 by-laws
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
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 (effective January 7, 2025)
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-174G Laws pertaining to dogs
Dog bites
MGL c. 112, § 12Z Reports of dog bites
MGL c. 140, § 155 Liability of owner for dog bite
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
St. 2024, c. 213 An act to increase kennel safety, AKA "Ollie's law" (effective December 19, 2024)
Leash laws
Leash laws vary from town to town. Find your town's rules at Mass. city and town ordinances and by-laws
Leasing or renting dogs
MGL c. 272, § 80I With some unusual exceptions, you may not rent or lease a dog
Livestock health and sales
Ordinances and by-laws relating to animals
Registration and licensing of dogs
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
Shelters; spay or neuter requirement
Stolen domesticated animals, including dogs
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
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
Animal imports and livestock markets, MA Department of Agricultural Resources.
Summarizes import requirements for a wide variety of animals.
Animal laws and regulations in Massachusetts, Mass. Animal Fund, Mass. Department of Agricultural Resources, Division of Animal Health, 2022.
"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."
Buying a dog in Massachusetts, MA 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.
Can you be buried with your pet?, Dolan Funeral Home.
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.
Estate planning for pets, Nolo, 2024.
Provides options for planning your pet’s life after you die.
Flying with pets and service animals: The not-so-friendly skies, Nolo, 2020.
Discusses problems, options, steps to take in preparing your pet for travel, regulations governing pet travel, and rules on emotional support animals.
Frequently asked questions (FAQs), Animal Legal & Historical Center, Michigan State University College of Law, 2024.
Provides answers to questions on animals and pets.
Importing and exporting livestock, MA Department of Agricultural Resources.
Summarizes import requirements for cattle, swine, sheep, goats, horses, and lamas and other domesticated livestock.
Importing and exporting pets, MA Department of Agricultural Resources.
Summarizes import requirements for dogs, cat, rabbits and birds.
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, 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?"
Rabies protocols and regulations, MA Department of Agricultural Resources.
Discusses Rabies vaccination and quarantine protocols and regulations for animal bites.
Table of state laws concerning minimum age for sale of puppies, Animal Legal & Historical Center, Michigan State University College of Law, 2022.
Print sources
Animal control law and procedure in Massachusetts, Commonwealth Police Service, Inc., 2017.
Animal law, Jonathan S. Rankin, et al., MCLE, 2009
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, Jeremy Moss Cohen, MCLE, 2023.
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. 2d ed. West Pub. Co., 1977 with supplement. Section 1206 Pet trust – Uniform Probate Code Section 2-907.
Massachusetts Practice:
- vol. 2A (Family law and practice : with forms) 4th ed. Thomson Reuters, 2013 with supplement. Section 56:25 Pets.
- vol. 10A (Procedural forms annotated) 6th ed. West, 2009 with supplement. Sections 42:13-42:19 Complaints-Animals.
- vol. 12 (Motor vehicle law and practice : with forms) 5th ed. Thomson Reuters, 2021. Section 17.99 Offenses involving animals and motor vehicles.
- vol. 14-14E (Summary of basic law) 5th ed. Thomson Reuters, 2014 with supplement. Section 8:288 Abuse Prevention Act-Pets owned by people; Section 12:56.50 Execution-Inspection of property for presence of abandoned animals; Section 14:185 Inspection for abandoned animals; Section 16:203 Wild animals-Generally; Section 16:204 Limitations on liability; Section 16:205 Domestic animals-Generally; 16:206 Massachusetts dog-injury statute-Strict liability; 16:207 --Exception to liability; 16:208 -- Damages.
- vol. 17A-17B (Prima facie case : proof and defense) 5th ed. West Pub., 2005 with supplement. Chapter 45 - Damage by animals; Section 53.18.50 Animal cruelty; Section 59.159 Dog bite-Child under seven.
- vol. 18A (Municipal law and practice) 5th ed. Thomson/West, 2006 with supplement. Section 16.11 Animals.
- vol. 22 (Probate law and practice : with forms) 3rd ed. Thomson Reuters, 2019 with supplement. Section 37:15 Trusts for the care of animals.
- vol. 32 (Criminal law) 3rd ed. West Group, 2001 with supplement. Section 531 Crimes against animals.
Motor vehicle Massachusetts police manual 2024 : the Massachusetts police reference for motor vehicle law, John Sofis Scheft, Law Enforcement Dimensions, 2024. Chapter 22 Animal protection & safe transport. Overview of animal laws.
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.
Understanding animal law, by Adam P. Karp, Carolina Academic Press, 2016.
Contact for Massachusetts law about animals
Online
| Last updated: | October 30, 2024 |
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