Section 138A Importation of dogs and cats for commercial resale; health certificates; violations - Massachusetts Statutes

  Section 138A. All dogs or cats brought or shipped into the commonwealth for commercial resale shall be inoculated against distemper not more than thirty nor less than seven days before entry and shall be accompanied by an official health certificate issued by an accredited veterinarian and a copy sent to the commissioner of agriculture. If such certificate is unavailable in the state of origin then a similar examination and certification shall be made within fourteen days of the arrival of the animal in the commonwealth.

  An official health certificate shall mean a legible certificate or form issued by an accredited veterinarian and approved by the chief livestock official of the state or county of origin containing the names and addresses of the consignor and consignee, or in the case of examination after entry into the commonwealth the name of the consignee. The certificate or form shall also show age, sex, breed and description of each dog or cat and that the dogs are free from visual evidence of communicable disease such as kennel cough, Infectious Tracheobronchitis, canine distemper, external and intestinal parasites, including coccidiosis, and that cats are free from external parasites, including ear mites, and intestinal parasites, distemper, feline panleukipenia, and feline respiratory infections and feline distemper.

  Dogs or cats purchased within the commonwealth for resale by commercial establishments or pet shops shall be accompanied by a health certificate issued by an accredited veterinarian. The certificate shall show age, sex, breed, and description of each dog or cat and that the dogs are free from visual evidence of communicable diseases such as kennel cough, Infectious Tracheobronchitis, canine distemper, external and internal parasites, including coccidiosis, and that cats are free from external parasites, including ear mites, intestinal parasites, and feline respiratory infections and feline distemper.

  No commercial establishment, pet shop, firm or corporation shall import into the commonwealth for sale or resale in the commonwealth any cat or dog less than eight weeks of age.

  All dogs or cats imported for resale shall be held in isolation by the importer for a period of two days prior to offering for sale.

  All dogs or cats sold in the state by a commercial establishment, pet shop, firm or corporation shall be accompanied by a health record indicating dates and types of vaccine administered.

[ Paragraph inserted following sixth paragraph by 2010, 82, Sec. 2 effective July 21, 2010.]

  No commercial establishment, pet shop, firm, corporation or person shall sell a dog or cat that has been surgically devocalized, as defined in section 801/2 of chapter 272, unless written notice that such a procedure has been conducted on the animal is provided to any prospective purchaser before the purchaser enters into an agreement to purchase said animal. In addition to the penalties set forth in this section, a failure to provide such notice shall render any purchase agreement void and a violation of this paragraph shall constitute an unfair or deceptive act or practice in the conduct of a trade or commerce under chapter 93A.

  Whoever is convicted of a violation of any of these sections may be punished by a fine of not less than fifty nor more than one hundred dollars for each such offense. In addition thereto or in lieu thereof, the commissioner of agriculture may, after notice and hearing, revoke or suspend a pet shop, kennel, and boarding kennel license providing any person, firm or corporation maintaining such pet shop, kennel and boarding kennel violates any of these regulations.

  Any person, firm or corporation aggrieved by an order under this section may, by petition, appeal within thirty days to the superior court where said person resides, or where the firm or corporation is located. Such person shall, in substance, state the findings by the commissioner and the grounds of appeal and said court shall consider said proceedings de novo and the parties thereto shall have right of exception and appeal.

  Nothing in this act shall be construed to prohibit the temporary importation of dogs for racing or field trials or the temporary importation of dogs or cats for show purposes, nor shall it prohibit the importation of dogs and cats as pets by individual owners.