General
Are rescues governed by regulations in Massachusetts?
Yes, animal shelters and rescue operations are governed by 330 CMR 30.00: Animal Rescue and Shelter Organization Regulations promulgated by the Massachusetts Department of Agricultural Resources (MDAR). The regulations can be found at the following link: 330 CMR 30.00 Animal Rescue and Shelter Regulations
I am a private individual rescuing or rehoming animals on my own. Am I required to have a shelter and rescue license?
Yes, the transfer of an animal to a new owner requires a license in Massachusetts.
Is a license required for rescues to house animals in foster homes located in Massachusetts?
Yes, regardless of where the organization is based, if animals are kept in foster homes in Massachusetts the organization must be licensed with MDAR. Additionally, if an organization is adopting animals to Massachusetts residents they must be licensed by MDAR.
What type of licenses are offered?
There are two types of licenses:
- Local License
- Import License
Who should apply for a local license?
A local license is Issued to organizations that deal in cats and dogs originating from within Massachusetts and direct owner surrenders from New England States and New York. The term “owner surrender” is discussed later in this FAQ. A local license also covers organizations that deal in animals other than cats and dogs, whether they originate from within or outside of Massachusetts.
Who should apply for an import license?
An import license is issued to organizations that deal in cats and dogs that originate from outside of Massachusetts.
Licensing
How does the licensing process for animal shelters and rescue organizations work?
All animal shelters and rescue organizations begin the licensing process by filing their detailed operations plan. The Department has an online form posted on the website that asks for specific information which makes up the operations plan - Shelter & Rescue Operations Plan. The operations plan provides information on who operates the organization, where records are kept, the source of animals, where animals are housed, and who is providing veterinary care. Additionally, shelters and rescues must provide proof of non-profit status with the IRS, and registration with the Massachusetts Attorney General’s Office as a public charity. Lastly, the shelter or rescue submits a license application form and the $100 fee. When all of the above steps are completed the Department can issue the license. Licenses are valid for 1 year and must be renewed annually. (330 CMR 30.04)
Is there a Renewal License Application?
There is one License Application that is used for new licenses and renewal licenses. The organization is required to check the appropriate response on the application. The application can be found at: Licensing and Operating a Shelter/Rescue Organization
When submitting a License Application for the renewal of a license, what documents are required to be attached to the Application?
The same documents are required for new licenses or renewal licenses. The organization must submit proof of:
- IRS issued 501(c)3 (i.e. valid determination letter and/or reinstatement letter when appropriate).
- Proof of current registration with the Massachusetts Attorney General, Public Charities Division (i.e. Certificate for Solicitation, AGO issued document acknowledging registration or a letter of good standing).
Are inspections by MDAR required for licensing?
Only isolation rooms are required to be inspected and approved by MDAR before they may be used for isolation upon import. However, all shelter facilities housing dogs, as well as any foster homes housing 5 or more dogs is required to hold a kennel license from the municipality where they are located (MGL Chapter 140, sec. 137A). Municipal ACOs must inspect all kennels for kennel licensing and renewals. Other locations where animals are being housed may be inspected as necessary based on complaints or reported disease situations, but no routine inspections are required. (330 CMR 30.04(4).
Who in the organization are considered "directors” and who are “managerial staff"? (330 CMR 30.04(10))
“Directors” refers to the Board of Directors of the corporation. This is the group of people responsible for the corporation who make decisions on who will conduct day-to-day operations. The “managerial staff” are the people responsible for conducting the day-to-day operations. This would either be the person or people supervising shelter staff and volunteers, or those who are solely responsible for the care of animals held by the organization.
What changes to the facility are considered "renovations" that must be reported to MDAR? (330 CMR 30.04(10))
Renovations that would alter the functionality of an isolation room or quarantine room, or potentially cause an animal housing area to fall out of compliance with the regulations. These would include, but not be limited to, the removal of walls, sinks, ventilation systems, impervious surfaces, and similar changes to the structure that impact the ability to clean and disinfect, separate, or otherwise provide adequate care for animals and comply with 330 CMR 30.00.
Do organizations have to do background checks on employees or volunteers?
The regulations do not require background checks for employees or volunteers. The provisions of 330 CMR 30.13(2), which allows MDAR to suspend the organization’s license if employees or volunteers are found to be in violation of the animal cruelty laws, are intended for incidents that occur during the operation of the organization. However, MDAR would still have that authority if an organization discovered an employee or volunteer had previously violated those laws and took no action.
Isolation Requirements
Isolation Requirements
Are there isolation requirements for rescue animals originating from outside of Massachusetts?
Yes, cats and dogs are required to undergo isolation upon entering Massachusetts for the purpose of rescue, adoption, foster or other housing. Other species do not have an isolation requirement.
When must a cat or dog enter the isolation facility?
Cats and dogs must enter a Massachusetts approved isolation facility immediately upon arrival into Massachusetts.
Are organizations who have been issued an import license required to operate an approved isolation facility?
No, organizations are not required to own their own isolation facility. They may instead have a written agreement to use an approved isolation facility operated by a third party.
How long is the required isolation period for cats and dogs?
Cats and dogs must be held in isolation for a full 48 hours.
What is required for an animal to be released from isolation?
At the completion of the required 48-hour isolation, the animal must be examined by a licensed veterinarian and, if healthy, the veterinarian must issue a health certificate. The health certificate is considered valid for 180 days so long as the animal remains healthy during that whole time. Any animal that gets sick, is treated, and then recovers will need a new health certificate.
Is there a template available for veterinarians to use when releasing an animal from Isolation?
Yes, a template for a health certificate is available at: Shelter/Rescue Health Certificate
Can cats or dogs coming from out of state be exempt from the isolation requirement?
Under most circumstances, the answer is no. However, the regulations did provide an exception for organizations that operate close to the state border that may accept direct owner surrenders. If a cat or dog owner in a neighboring state is seeking to surrender their pet to a Massachusetts organization that only has a local license, that can be done without requiring isolation provided the following criteria are met:
- The cat or dog must originate from Rhode Island, Connecticut, Vermont, New Hampshire, Maine, or New York.
- The owner must personally transport the animal to the rescue in Massachusetts. The animal cannot be transported by the rescue, through volunteers, or by any other third party.
- Prior to delivering the cat or dog to Massachusetts, the owner must obtain a valid Official Certificate of Veterinary Inspection (OCVI), issued and signed by a USDA-accredited veterinarian.
- The owner must have proof that they own the cat or dog (i.e.-medical records, licensing information).
Health Certificates
What is a “health certificate”?
A "health certificate" is a defined term in the regulations. It is a record relating to the health status of an animal issued by a licensed veterinarian, on which the veterinarian is stating that the animal appears free of any signs of infectious or contagious disease. Health certificates are valid for 180 days, so long as the animal remains healthy that whole time. Any animal that gets sick, is treated, and then recovers will need a new health certificate issued. The term “health certificate” should not be confused with “OCVI” or an “Official Certificate of Veterinary Inspection”. OCVIs are issued by USDA-accredited veterinarians and are required for animals being imported across state lines. (330 CMR 30.02)
Is there a template or standard health certificate form available?
The Department has a template available on the Animal Shelter and Rescue Organization Resources webpage - Shelter/Rescue Health Certificate
Shelters, rescues, and veterinarians may choose to use their own form provided it contains all the same required information.
What animals are required to have a health certificate?
All dogs and cats must have a valid health certificate issued within the previous 180 days before they can be placed with an adopter. (330 CMR 30.09(2)(b))
Can a shelter or rescue use electronic health records?
The health certificate must be dated and signed by the veterinarian. Electronic records will be accepted by the Department so long as the veterinarian’s signature can be verified. A copy of the health certificate along with other documents from the individual animal record must be given to the adopter prior to placement. It may be necessary to print out copies to ensure the adopter receives what is required.
Who should have a copy of a health certificate?
A copy of the health certificate along with other documents from the individual animal record must be given to the adopter prior to placement. It may be necessary to print out copies to ensure the adopter receives what is required. The rescue must maintain the original, or a copy of the original, as part of the individual animal record. The issuing veterinarian normally keeps a copy of the health certificate as part of the animal’s health record.
What is the difference between a health certificate and an OCVI?
An OCVI is the form required for importing animals into Massachusetts. Most states’ Department of Agriculture produce their own form that meets our requirements. A USDA-accredited veterinarian is required to issue an OCVI. USDA-accredited veterinarians know they must use the official forms issued by the state. The official forms are serially numbered so the state can keep track of which forms were supplied to which accredited veterinarian, and for which animal or group of animals each certificate was issued. There are also several electronic OCVI formats that are approved for use across the country (Global Vet Link, Vet Century, etc.). All OCVIs contain the name and address of where the animal originated, the name and address of where the animal is going, and a list of all vaccines the animal has received. There is a statement within the signature block where the accredited veterinarian signs that says, “I have examined these animals on this date and they appear to be free of any signs of infectious or contagious disease, or exposure thereto", or a similar statement.
What animals are required to have an OCVI?
Any animal that crosses the state line into Massachusetts must have an OCVI. This includes dogs, cats, livestock, pocket pets, birds, and reptiles. (330 CMR 30.08(2))
Facilities
What is meant by “facilities” in the regulations?
“Facilities” are defined as any location or locations owned, operated, or otherwise used by a Licensee for receiving, maintaining, caring for, and transporting animals for the purpose of placing such animals. A facility shall include any shelter or kennel, but not a foster home. (330 CMR 30.02)
Is a rescue required to have a brick-and-mortar shelter in Massachusetts to house its animals?
No, rescues are not required to have a brick-and-mortar shelter located in Massachusetts. The organization may house animals in foster homes. If the organization opts to have shelter, it must comply with 330 CMR 30.05.
Are isolation rooms and quarantine rooms required to have separate ventilation systems?
Both the isolation room and the quarantine room are required to have an exhaust fan that removes air from the room and vents it to the outside of the building. The purpose of this is to ensure that the air from those rooms which may be housing sick animals does not get circulated through the building and into other rooms where healthy animals are kept. The ventilation systems can be connected so long as the airflow moves in the right direction and cannot accidentally contaminate the other spaces. (330 CMR 30.05(2)(b)4)
Can we keep healthy animals in the quarantine room if it isn’t being used to house sick animals?
No. The quarantine room must remain vacant so it will be available to adequately separate any animal that shows signs of illness while in the shelter. Quarantine rooms cannot be used to house other animals, be used for storage, or be used for any other purpose. (330 CMR 30.05(2)(b)6)
Do we need an isolation room if we are not importing dogs and cats?
No. Only those organizations importing dogs and cats are required to have an import license and access to an approved isolation room.
Within the quarantine room or isolation room, does the floor to ceiling separation need to be between animals or is it just the whole room?
The room needs to be completely enclosed, floor to ceiling. The Department advises that each animal within these rooms be separated by cages or enclosures to prevent the spread of illness. Animals do not need to be separated by walls.
Can you define Impervious to moisture?
Impervious is defined in 330 CMR 30.02 as, "The characteristics of a nonporous, impermeable surface through which a liquid will not be allowed to pass, but upon which water will bead."
Does high-gloss paint that we can wash be defined as impervious walls floor to ceiling?
Yes, if the paint provides complete coverage of the walls and there are no chips in the paint, it would be considered impervious to moisture.
Would the floors in a facility be considered impervious if they have holes or cracks in them?
No, if there are cracks or holes in the floors or walls, organic material can be trapped in there. That provides an opportunity for pathogens to survive the cleaning and disinfection process. This leaves the next resident of that space at risk of exposure to disease. Any cracks or holes need to be repaired and sealed to be considered impervious.
Do the same rules apply for outdoor parts of our dog kennels?
Outdoor sections do not need to have impervious floors or walls. They should be constructed so they can be cleaned and disinfected. Pea stone or other outdoor flooring should be foamed with disinfectant occasionally.
What are the possible “equivalent biosecurity measures” we can take instead of using disposable outerwear and latex gloves?
The use of disposable outerwear and latex gloves allows for quick and safe transitions between dirty spaces (quarantine or isolation rooms with sick animals) and clean spaces (areas holding healthy, adoptable animals). Equivalent biosecurity measures prevent or eliminate infectious material that gets on clothing, shoes, and skin. Thorough hand washing can be an effective means of eliminating contaminants. Cleaning footwear or having dedicated shoes in the contaminated space could be as effective as using shoe covers. Changing clothes after handling sick animals is really the only way to ensure pathogens are not accidentally carried from one area to another. Remember to always provide routine care to healthy animals first, before moving to areas housing animals with infectious or contagious conditions. (330 CMR 30.05(4))
What is the proper and legal way to dispose of animal waste?
Pet waste is considered solid waste under the Department of Environmental Protection’s regulations, and can be disposed of with other trash.
Do all dogs and cats need to wear collars?
No, but all dogs and cats need to have some form of ID affixed to their bodies. It does not have to be a collar. Microchips are also acceptable, and in some cases preferred.
What about feral cats?
Feral cats are not exempt from this requirement. Microchips are ideal for feral cats, especially those that may be released or given barn placements. The microchips can also store the animal's vaccination history.
What about ID in other species?
For rabbits, reptiles, rodents, and small birds the organization may use a cage card instead of microchips, leg bands, or other forms of ID.
Animal Care
What is the difference between “emergency veterinary care” and “non-emergency veterinary care”?
Emergency veterinary care is required for any medical need that will result in suffering or death of the animal if not attended to immediately. Some examples of when emergency veterinary care would be required would include difficulty or an inability to urinate or defecate, a bleeding open wound or a broken bone, and labored breathing or choking. Non-Emergency veterinary care is required for animals that are not healthy but are not suffering or at risk of dying. Some examples of when non-emergency veterinary care should be sought would include animals with mild upper respiratory signs, an abscess, and skin conditions. (330 CMR 30.06(1)(b))
Which animals are required to have records related to euthanasia?
Any animal owned by the organization that is euthanized for any reason should have this documentation in their individual animal record. This applies to animals housed at the shelter and those residing in foster care. It also applies whether the animal is euthanized at the shelter or at a veterinary practice. This document completes the individual animal record by documenting the current disposition of the animal. (330 CMR 30.06(4)(b))
What is a zoonotic disease?
Zoonotic diseases are those pathogens that will make both and animal and a human sick. Zoonotic diseases can be transmitted from animals to humans, or from humans to animals.
Can you specify which Zoonotic diseases we should be notifying a veterinarian about and, what the next steps would be?
The organization's veterinarian should be notified of all medical concerns found in animals in their care. Depending on the veterinarian's professional opinion, further steps, including treatment or quarantine may be warranted. Some issues may become routine, but determining the appropriate response is up to the veterinarian's discretion. The recognition of any disease on the Department’s reportable disease list requires the veterinarian to notify the Division of Animal Health. The complete list of reportable diseases can be found on the Department's website here: Reportable Animal Diseases.
What infectious or contagious diseases do we need to be concerned about?
Any animal with an infectious or contagious disease poses a risk of transmission to other animals. Organizations must take steps to prevent the spread of infectious or contagious disease when animals in their care are found to be affected. Diseases commonly associated with dogs and cats in shelter settings may be viral, bacterial, fungal, or parasitic infections. These may include distemper, panleukopenia, parvo virus, kennel cough, calicivirus, feline herpes, sarcoptic and demodectic mange, ringworm, coccidia, giardia, fleas, ticks, hook worms, round worms, and whip worms. Other species nay have other common diseases. Pet birds with psittacosis can be a risk to their caregiver. Some pocket pets and rabbits are susceptible to wet tail. This is not an exhaustive list. There are countless other pathogens that can pose problems. Organizations should work with their veterinarians at the first sign of trouble.
Does an animal need to be tested for all these diseases prior to placement so we know they aren’t infected?
The only contagious disease that the organization is required to test for is heartworm, and that is only in dogs that are 6 months of age or older. An animal that was examined by a veterinarian and issued a health certificate may be placed with an adopter. However, any animal showing signs of illness must be treated by a veterinarian and recover before getting a new health certificate. A veterinarian may require testing of the animal to confirm the diagnosis, or to confirm the treatment prescribed was successful in eliminating the disease. Depending on the disease, that may be necessary prior to issuing a new health certificate.
Do all animals with infectious or contagious disease have to be quarantined?
Any animal with a contagious condition should be adequately separated to prevent spread. Animals in shelter facilities should be moved to the quarantine room where they can be treated and recover. Animals in foster care should stay where they are to prevent spread to other locations. MDAR or a local animal inspector may issue a quarantine to require the animal stay where it is until it is treated and recovers. Animals under quarantine may still be brought to a veterinarian for treatment, provided the veterinarian is notified of the animal’s illness and the quarantine.
Can an animal with an upper respiratory infection be transferred to foster care?
If an animal’s prognosis would improve by transferring it to a foster home situation, that is acceptable, provided the foster home is not caring for other animals. Increasing the chance of recovery is fine if you are not increasing the risk of spreading disease at the same time. Animals under written quarantine cannot be transferred to any other location without written permission from the animal inspector and MDAR. When using a foster-to-adopt agreements, the adoption cannot be finalized until the animal has recovered and is issued a health certificate.
Foster Care
Where does an organization find the "Best Practices of Foster Care" document?
The Best Practices of Foster Care document can be found at: Best Practices for Providing Foster Care
Can we edit the "Best Practices of Foster Care" document?
The Best Practices for Foster Care document should remain as written. Organizations can add their logo or letterhead, but more significant edits should be discussed with the Department prior to use.
If the organization has a brick-and-mortar shelter in Massachusetts, can the organization still house animals in foster homes?
Yes, rescue organizations may use brick-and-mortar shelters and foster homes to house their animals.
Is the organization required to have written agreements with foster homes?
Yes, in accordance with 330 CMR 30.07 foster homes are required to have a written agreement stating the person may operate as a foster home with the approval of, and under the responsibility of the organization. It is the organization’s responsibility to ensure that animals in temporary housing are adequately cared for in compliance with 330 CMR 30.06.
For document retention purposes, what are the requirements for foster care agreements?
Foster care agreements must be renewed every two years. Once renewed, there is no need to retain expired agreements. All records are required to be kept by the organization for 24 months following the placement or death of any animal.
How often do we need to update the individual animal record at the foster home?
Records should be updated to reflect care given or other changes in the health status of the animal, as documented by a veterinarian. If the animal receives an updated vaccine, or begins a new treatment, that information should be included in the individual animal record immediately. The record in the shelter and the record in the foster home should both reflect the current medical status of the animal.
Placement
Can we adopt out a kitten with parasites?
No, kittens with active parasite infections cannot be adopted out. The kittens must be treated and recover before the veterinarian can issue a health certificate. With a valid health certificate, the kittens can be adopted out.
Do all animals need a health certificate before adoption, even if they are not from out of state?
Yes, all dogs and cats need a health certificate issued within the last 180 days before being placed for adoption. This requirement applies to local dogs and cats, and those which were imported from out of state. Species other than dogs and cats are not required to have a health certificate, but they must appear healthy. Those other species that do not appear healthy must be treated by a veterinarian and recover before they may be placed for adoption.
Do dogs and cats need a new health certificate at the time of placement?
An animal's health certificate is valid for 180 days, so long as the animal remains healthy throughout that time. If an animal becomes sick and is treated, a new health certificate must be issued once the animal recovers. That health certificate will then be valid for 180 days so long as the animal remains healthy. The animal does not specifically need a new health certificate at the time of placement.
What is meant by behavior concern?
A behavioral concern is anything the staff or volunteers have observed and recognize as a reason to be cautious under certain circumstances. It may relate to various behaviors that would be appropriate to disclose to the prospective adopter, like a dog being an escape artist or that it will bolt if given access to an open door. Those are issues that can be dangerous for the dog if the adopter isn't aware and ready for it. Any similar concern needs to be documented in the animal's individual animal record.
What is meant by "behavioral issues that may pose a safety risk to humans or other animals”?
Behavioral issues that may pose a risk to humans or other animals may include any signs of aggression, such as food aggression or resource guarding, a strong prey drive, social aggression towards other dogs, and fear aggression. This is not about the ability of a particular animal to cause harm; it is to document any observations of concerning behavior by an animal being placed. These documented concerns must be disclosed to any prospective adopter. Significant concerns related to aggression towards humans or other animals must be addressed through training by or on behalf of the organization, or the adopter must agree in writing to seek training to mitigate the safety risk after adoption. (330 CMR 30.06(3) and 30.09(4))
Is this asking us to mandate adopters take certain steps to get training for their dog or new pet?
The only time training would be mandated is if an animal with a behavioral issue that poses a public safety risk is being placed with a disclosure statement, as discussed in 30.09(4)(b). In that case, the adopter has signed a written agreement that they understand the issue posed by the animal, and that they will be taking certain specified steps to mitigate the risk the animal poses, or they will hire the services of a trainer to work with them and the animal to address the problem.
Is there a template for the required Disclosure Statement?
Yes, a template for the disclosure statement can be found on the Animal Shelter and Rescue Organization Resource page on our website here: Animal Shelter and Rescue Organization Resources
Do all animals require a disclosure statement?
No. Only animals with medical or behavioral issues need a disclosure statement.
Do all animals require a health certificate or a disclosure statement, or might they need both?
Only dogs and cats are required to have a health certificate issued within the previous 180 days. For dogs and cats that are perfectly healthy and have no behavior issues, the health certificate is all they need since there are no issues to address on a disclosure statement. An apparently healthy dog or cat with a behavior issue will have a valid health certificate and a disclosure statement to address the behavior concern. A dog or cat with medical issues will not be eligible for a health certificate. If the dog or cat is affected by a chronic infectious or contagious disease like FIV or FeLV in cats or has a non-infectious medical condition like a dog with hip dysplasia that will need surgery, the animal may be adopted out with just a disclosure statement. For all other species they must appear healthy, but no health certificate is required. Those other species may need a disclosure statement if they have a medical condition as described above, or a behavior concern that the prospective adopter needs to know about.
When are organizations required to get a good faith estimate along with the disclosure statement?
The good faith estimate is required for an animal that is affected by a non-infectious or contagious medical condition that still needs maintenance or treatment, for which the adopter has agreed to take responsibility. This would be the case for an animal that will require surgery in the future, but not immediately.
Can organizations produce a medical disclosure with an estimate for common things like dental procedures without using a veterinarian?
Veterinary estimates should be obtained when the veterinarian determines that an animal will need regular medication or a certain procedure. In some cases, like dental procedures, the exact cost is not known until the procedure has begun or is completed. The veterinarian can offer a range within which they expect the cost to fall. That estimated range would suffice for the purpose of the regulation.
Is there a standard form we can use for the good faith estimate or does the organization need to have the veterinarian provide an estimate each time?
The estimate must be related to the specific medical condition that the individual animal in question has. When an animal is diagnosed with a problem, the veterinarian should be providing the good faith estimate of costs to treat the animal.
Are organizations allowed to dispense medications that do not require a prescription, like Strongid or flea and tick preventatives? Can organizations give adopters the next dose of Heartguard so they can give it to the animal when it is due?
There are no restrictions on providing over-the-counter medications like flea and tick preventatives or dewormers.
Can an organization send an animal home with an adopter and provide them the rest of their medication if it was prescribed by a veterinarian prior to adoption?
There are only two ways prescription medications can be transferred to an adopter. One option is the prescribing veterinarian could consult with the adopter first, establishing a valid Veterinary-Client-Patient Relationship (VCPR). The VCPR requires the veterinarian to instruct the adopter on when and how to use the medication, and under what circumstances the adopter must bring the animal to see a veterinarian. The other option is the animal is transferred to the prospective adopter under a foster-to-adopt agreement. While the animal is still receiving the prescription medication it technically belongs to the organization. Once the animal completes the medication and can be deemed healthy, the adoption can be finalized.
Can an animal be under a foster-to-adopt agreement while they await the spay/neuter appointment, and then the adoption can be finalized after surgery?
Yes, this is a good use of a foster-to-adopt agreement. The adoption can be finalized once the surgery is completed.
Record Keeping
Does the individual animal record need to all be in one place?
The individual animal record can be thought of as a file containing all pertinent documentation for that animal (see 330 CMR 30.11(2)). It is almost always more than one single document. All the documents combined would be called the individual animal record. A copy of the individual animal record must also be kept at any location with an animal in foster care or being offered for adoption at an off-site location.
Is there a template for the individual animal record?
Yes, a template for the individual animal record can be found on the Animal Shelter and Rescue Organization Resource page on our website here: Animal Shelter and Rescue Organization Resources
How long do records need to be kept?
Records must be maintained by the organization for a period of 24 months following the adoption, transfer, death, or euthanasia of any animal in their care.