ANNOTATED LAWS OF MASSACHUSETTS LIVESTOCK DISEASE CONTROL

45. License to Engage in Business of Dealing in Equine Animal..

 

Every person engaging in the business of dealing in equine animals or auction of said animals and tack shall obtain a license
therefor from the director, the fee for which shall be fifty dollars, and such license shall expire on October thirty-first following the date of issuance, unless sooner revoked, provided that the fee for any person licensed under the provisions of section two B of chapter one hundred and twenty-eight of the General Laws shall be five dollars. The director shall, subject to the approval of the commissioner of food and agriculture make rules and regulations governing the issuance and revocation of such licenses and the conduct of the businesses so licensed and relative to the maintenance of premises, buildings and conveyances, the health of equine animals and the method and time of checking and inspection of said animal The purpose is to prohibit the transportation and slaughter of horses by inhumane means.
(1977, 857.)

Cross Reference
Aa to prohibition of municipal dog officers from being licensed as animal dealer:. see
ALM GL c 140 * 151.

 

Code of Massachusetts Regulation:-

Rule: and regulations for the dealing in and transportation of equine animals, 330

CMR 19.01.

 

 

§ 46. License Plate. on Vehicle Used to Transport Equine Animal..

Each vehicle used for the transportation of equine animals by any person engaged in the business of dealing with such animals, when operated on any way, shall bear a metal license plate, attached to the side of the vehicle to the left of the person operating or driving the same, such plate to be furnished by the director on the payment of a fee of five dollars Said plate shall be valid for the term for which the license is granted, but shall be returned to the director on revocation of said license. The use of multiple deck vehicles or the so called "possum belly" vehicle used in the transportation of equine animals is prohibited.(1977, 857.)

§ 47. Bill of Sale or Memorandum in Connection With Transportation of Equine Animal for
Slaughter.

 

330 CMR. DEPARTMENT OF FOOD & AGRICULTURE

1604 Dealing in and the Transportation of Equine Animals

 

 

(a) No person shall engage in the business of selling, dealing, auctioning or transporting equine animals in the Commonwealth unless licensed by the Department.

(b) Any person desiring to apply for a Livestock Dealer-Transporter license shall submit. on a form provided by the Department, an application and the appropriate fee.

(c) Upon receipt of a completed application for a license. the Department shall inspect the applicant's facilities and vehicles. if the Department finds the facilities and vehicles in compliance with 330 ~ 16.04(2)(a) through (i) and 330 CMR 16.04(3)(a) and (b), the Department may issue a Livestock Dealer-Transporter license.

(d) All Livestock Dealer-Transporter licensees will be issued a metal license plate by the Department The license plate will be valid for the term of the Livestock Dealer-Transporter license. If the license is revoked at any time, the License plate must be returned to the Department.

(e) No Livestock Dealer-Transporter licensee shall transport an equineanimal in any vehicle unless the drivers side ot the vehicle bears a metal livestock dealer-transporter license plate issued by the Department.

(f) Livestock Dealer-Transporter licenses for equines shall expire on October 31st following the date of issuance.

(g) All licensees shall post their license at a permanent location in the Commonwealth in a place prominently visible to the public.

(h)The Department may deny a license to any applicant whose facilities or vehicles fail to comply with 330 CMR 16.O4(2)(a) through (i) and 330 CMR 16.04(3)(a) arid (b). Any applicant whose license has been denied may submit a written request fbr a hearing within 14 business days Following notification of the Department's decision to deny the license.

(i) The Department may revoke or suspend a license after a M.G.L. c. 30A hearing and upon finding that the licensee has:

1. violated M.G.L. c 129. §§ 9. 44. 44a 45, 46, or 47 or M.G.L. c. 128. 2A or 2B.or M.G.L c; 272, §§ 77 through 79B;

2. violated any provision of 330 CMR 16.00;

3. Allowed an issued license to be used by an unlicensed person;

4. Violated a quarantine order issued by the Department; or

5. Made a material misstatement on the application for a license

(2) General Care of Animals and Premises. All licensees shall:

(a) Maintain all areas where equines are kept in a safe and sanitary condition;

(b) Have equipment available for any necessary storage or disposal of waste material to control vermin; insects or obnoxious
odors:

(c) Provide adequate shelter for the comfort of all equines on the premises:

(d) Take all reasonable precautions to prevent the spread of infectious or contagious diseases:

(e) Clean stalls daily or more frequendy to ensure their sanitary condition;

(f) Ensure that box stalls are of adequate size such that the equine contained therein shall have room to stand and lie down comfortably;

(5) Equines are housed without overcrowding and in groups of compatible temperament and gender;

(h) Provide sufficient fresh food of a tppe and amount consistent with the dietary requirements and age of the horse at least twice daily: and

(i) Ensure that fresh, clean water is available to all equines.

 

(3) Transportation.

 

(a) No licensee shall maintain any equine in a vehicle within the Commonwealth for a period of time exceeding ten hours without the equine being off-loaded and placed in a stable or shaded pasture.

(b) Licensees shall ensure that:

1. All vehicles are constructed with no sharp objects or protuberances on the interior or the sides:

2. All floor ramps are made of a non-skid material or coating:

3. All vehicles, stalls and loading ramps are cleaned daily;

4. All vehicles have adequate ventilation;

 

5. All doorway openings have a height of at least 12 inches above the
withers of the tallest equine being transported:

6. All vehicles transporting more than six equines have at least two doorways on adjacent or opposite sides of the vehicle; and

7. All horses being transported are separated in a manner to prevent injury or close contact between incompatible animals.

(4) Record Keeping and Inspections.

(a) All licensees shall maintain records and interstate bills of lading for a period of 90 days from the date of sale or transport. All records shall be maintained at the location where the license is posted. All records shall indude the following information:

2/7/97