Section 25A Quarantine of diseased fish, birds, mammals, etc.; order or notice; procedures; liability for expenses - Massachusetts Statutes

Section 25A. If the director, upon examination of any fish, bird, mammal, reptile or amphibian held in possession either by persons licensed or required to be licensed under the provisions of section twenty-three, except dealers licensed both under clause (4) of section twenty-three and section thirty-nine A of chapter one hundred and twenty-nine, or persons exempted from being licensed in accordance with the provisions of sections four, twenty-three and twenty-nine, suspects, or has reason to believe, that such fish, bird, mammal, reptile or amphibian is afflicted with a contagious or infectious disease or parasite, he may immediately cause it to be quarantined or isolated for a period of at least ten days upon the premises of the owner or of the person in whose charge it is found or in such other place as he may designate, and he shall take such other sanitary measures as may be necessary to prevent the spread of such disease or parasite. He shall also deliver to the owner or person in charge of such fish, bird, mammal, reptile, or amphibian, or to any person having an interest therein, a written order or notice of quarantine signed by him and in such form as the director shall prescribe. Such order or notice of quarantine shall set forth conditions for which any fish, bird, mammal, reptile or amphibian shall be quarantined, including but not limited to restrictions on maintenance, propagation, cultivation, sale or transportation thereof.

Such order or notice of quarantine shall be served by the director or his appointed designee, by delivery in hand to, or leaving at the last and usual place of abode of, the owner or person having an interest in or in charge of the fish, bird, mammal, reptile or amphibian concerned, or by posting upon the premises where said fish, bird, mammal, reptile or amphibian is quarantined or isolated. A copy thereof, with the attestation of said director or his appointed designee thereon that such service has been made, shall be competent evidence in any court that such quarantine has been imposed. If any fish, bird, mammal, reptile or amphibian has been so quarantined, it shall remain in quarantine until the further order of the director.

If any fish, bird, mammal, reptile or amphibian has been quarantined or isolated upon the premises of the owner or of the person in possession of them at the time such quarantine is imposed, the expense thereof shall be paid by such owner or person and the commonwealth shall not be liable for expenses incurred, nor for cancellation of orders or losses of income or any other losses attributable to the effects of the quarantine.